COPY.

MEMORANDUM.

199

(a) Upon the receipt of telegram No. 42 of

dated 22nd February, 1940, as amended by telegram No. 51, 1st March, 1940, the Divisional Inspector South on 2.3.40 accompanied by Mr. Cairns of the Harbour Office and a total of five witnesses from the launches Sai Kung and Kwong Hing, sailed on No. 1 Police Launch to point out again the scene of this incident. The five witnesses were all kept below deck and brought out one at a time to locate the position of this incident, the Police launch changing its position before each new witness was brought up on deck, and all witnesses re-affirmed that the Kwong Hing was stopped by the Japanese trawler approximately of a mile from Conic Island, a well-known landmark. Mr. Cairns took readings of the five positions pointed out by the witnesses and all these positions were within 1/10 of a mile of latitude 220 22 06" north, longitude 1140 21' 18" east, except that of one witness who placed it at latitude 220 22' 00" north and longitude 1140 23′ 45′′ east, approximately 1⁄2 a mile nearer Conic Island than the other four.

All five

positions were, however, within one mile of the coast and therefore well inside British waters.

There would have

been no point in the launch Kwong Hing having gone to the position alleged by the Japanese, which is well off its

normal course.

(b) All witnesses re-affirmed, without hesitation, that the Kwong Hing was flying the British flag and also that the Union Jack was painted on the sides of the launch. The Divisional Inspector South and the Officer in charge No. 1 Launch also state that they have seen the Kwong Hing many times during the last year and that she has always been flying the British flag and has had a Union Jack painted on her port and starboard sides.

Pang Kam Chiu, Wong Loi and Yuen Kong state that the Union

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