TRANSLATION
28
Memorandum from Ministry of Foreign Affairs to H.B.M. Embassy
Dated & despatched 3/7/47 Reo'à 12/7/47
No.Ou 36/13901
The Ministry of Foreign Affairs present their compliments to H.B.M. Embassy and have the honour to acknowledge the receipt of the Embassy memorandum No.299 of 4th June regarding the sentences of imprisonment passed by the Hong Kong Court on two soldiers of the Kwangtung Provincial Peace Preservation Corps.
Regarding the statement in the Embassy's memorandum referred to above that the informal agreement concluded during the war between the Chinese and British authorities granting extraterritorial status to Chinese troops moving through Hong Kong lapsed on 27th February, the Ministry consider that this agreement has nothing to do with the case in question, because it concerned questions of offenses committed at Hong Kong by Chinese troops in transit, while the present case is one in which Chinese Boldiers were carrying out official duties in a Chinese Government vessel; as they were not troops in transit through Hong Kong and bad not committed any criminal act in Hong Kong or elsewhere in China, the agreement le not relevant to the case. Furthermore, this incident occurred on 6th February, which even from the standpoint of the British authorities was within the period of validity of the agreement. The Chinese Government consider that the Hong Kong Government had no authority in this matter and the Hong Kong Court a fortiori no jurisdiction; as already stated in the Ministry a memorandum No.Cu 9167 of 5th May, they are unable to recognize any decision of the Hong Kong Court in regard thereto. Since, according to the Embasay's memorandum, the status of the Chinese soldiers has been recognized, it is quite clear that the Hong Kong Court have no jurisdiction in the case. It is requested that the Embassy will refer to all the relevant memoranda of the Minietry and will without delay request the Hong Kong Government to release the soldiers forthwith so that Sino-British friendship may be maintained.
It is requested that the Embassy will take action accordingly and return a reply.
(STAMPED) MINISTRY OF FOREIGN
AFFAIRS