98
2.
but since that crisis.
It would in fact be impossible not to
recognise local de facto court as there is no other machinery in
existence for trial of offenders.
2.
I submit evidence requirements in Chinese courts are
vastly different from those of English courts. Convictions in
criminal cases are in most cases decided on confessions made
(such confessions almost invariably being made under pressure).
In this connexion recent telegraphic correspondence exchanged between His Majesty's Ambassador and myself, which I requested
should be repeated to Your Lordship, shows it is my understanding
that (A) Shanghai municipal council send men for interrogation to
Japanese authorities as in case of the four men; (B) Shanghai
municipal council accept no complaint of torture unless there is
physical evidence of such; (C) Shanghai municipal council accept such confessions as sufficient evidence to justify handing over
culprits. In other words if this case had occurred in Shanghai
the men would have been handed over for trial.
3. With regard to additional evidence in the case of the
charge against the four men that they were implicated in Cheng
assassination, I have to point out, as previously reported, that a
reconstruction of the crime took place in the presence of His
Majesty's Superintending Consul, Chief of British municipal
council police and other British municipal council police officials
direct questions were put by Superintending Consul to the men,
definite replies being given that they were armed outside Grand
Theatre at the time when the crime was committed and that they
covered retreat of the assassin. Both Superintending Consul and
chief of police expressed their agreement at the time, that the
men