No. 46 (19/72V/39).
British Embassy,
Tokyo.
17th February 1939.
80
Your Excellency,
On January 18th the Japanese Consul-General in
Canton notified the Consular body there that the Japanese
authorities intended to shoot dom any aeroplane which
flies over China at night unless the flights, times and
course are previously notified, when such flights should
not exceed the neight of 500 metres. On February 2nd the
Japanese Consul-General notified the Consular body very
urgently that the above notification applies in full to a
radius of 15 nautical miles from weichow Island in the
Oulf of Tongking for Third Power aircraft by day and night.
His Majesty's Consul-Jeneral in Canton protested immediately
in writing against these orders.
2.
I now have the honour to inform Your Kxcellency,
under instructions from His Eajesty's Principal Lecretary
of state for Foreign Affairs, that His Majesty' a Government
in the United :ingdom cannot admit the right of the
Japanese forcee or Government (whether the pre sen t
hostilities are regarded by the Japanese Government as
state of war or not) to make deliberate attacks on civilian
aircraft except in quite exceptional circumstances (e.g.
refusal to obey a clear and lawful order to land ). In the
absence of a declared state of war His Vajesty's Government
His *xcellency,
Bachiro Arita,
Fia Imperial Japanese bajesty'
Minister for Foreign Affaire.
cannot /
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