77
NO TRACE
2.
the matter was one which must be settled direct with British
authorities: as he had observed at our last interview, Japanese
Government were satisfied that the British authorities had no
legal right to refuse to surrender or demand evidence once the
de facto authorities had asked that the men accused of complicity
in the murder be handed over for trial. His Excellency added
that, having served as Japanese Consul-General at Tientsin, he
knew what he was talking about. I maintained that ordinary criminal procedure could not be held to apply to political
offences, in which more evidence was necessary, but Minister for Foreign Affairs would not have this for a moment, declaring that
the murder was none the less a crime when the motive was political.
I continued to press for the production of evidence and suggested,
in refusing to comply with our request, the Japanese authorities
were putting themselves in the wrong before the world.
Minister for Foreign Affairs based some hopes of a settlement on a telegram received from Japanese Ambassador London as a result
of an interview reported in your telegram No. 469 to Shanghai, but I said that it would be unwise to assume that the re-examina-
tion now in progress would permit the surrender of the men without
further evidence.
On the general question of restrictions against the concession Minister for Foreign Affairs said that the Japanese military authorities in China had a free hand to impose measures which they considered necessary for safety of Japanese lives and property in China. On my protesting that this was a matter
in which political considerations of great importance to British and Japanese Governments were involved and that the latter could not simply wash their hands of them, Minister for Foreign Affairs repeated that they could not interfere in defence questions beyond offering advice and counsel where necessary.
Addressed to Foreign Office No. 557, repeated to Shanghai No. 445, Tientsin No. 50 (Shanghai please pass to Tientsin).