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that the confessions had been made under water torture. This
statement was made in the first instance to Li Han-yuan who is
undoubtedly Chinese patriot but on whom I have an open mind as to
whether or not he is actually an agent of the Chungking
Government. He has been of extreme value to me on former
occasions in getting into touch with members of the Chungking Government (e. g. Dyson case).
4. In view of the fact that the confessions to the
Japanese were probably obtained under duress I have never
contended that there was in English law sufficient evidence
to warrant handing over the men on a charge of murder. What I
have contended is that if the Chinese court issued a warrant
(which was in fact done) I would be acting ultra vires in refusing
to execute that warrant, it being in my opinion not necessary
that I should have prima face evidence before executing the
warrant.
ö. As I however realised that you were apparently holding
that I must have prima face evidence before I could execute
this warrant I strongly urged that the men be handed over on the
charge that they were members of a terrorist gang. On this
question I felt that I was on sound ground. The four men were
in our concession on monthly pay from ang Wen and without any other visible means of support. Wang Wen's brother and his chief of staff Chi Nien-Hua were already under arrest for being
in possession of bombs. This showed the character of the
activities of the gang. My view was therefore that even in
English law there was ample justification for handing over
these two men for trial on this account. Question whether or
not