2.
cases when extradition is sought in England is negatived.
5. It does not seem that delegation to aliens of limited
right to self Government gives the Government de jure of China
the right in principle to demand that protection be given to its
politically active citizens whom it is no longer able to protect
or placed on such alten Government any such duty.
6. Although there has been no technical recognition of
local Government in practice there has been no alternative but
to accord virtual recognition. As a puppet Government it is in
theory an usurping Government even though kept in position by an invader. It has strong analogies to Franco's [grp. undec.]
Governments in Spain as the de facto administration and if law
and order is to be maintained it is difficult to resist the
conclusion that its position is a strong one in the matter of
warrants.
7. The above theory would seem to open wide the door to
every conceivable injustice and abuse. In my opinion it should
not be admitted but only recognised for our guidance. We
should insist on considering each case on its merits and should
limit application of principle to cases of activities directly
or indirectly tending or reasonably suspect of tending to
breaches of peace either inside or outside the area. Ends.
Addressed to Foreign Office telegram No. 192 May 30th;
repeated to Shanghai telegram No. 262, Tokyo Saving No. 65 and
Peking Saving No. 73.
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