262 (6160/1082/47).
pied to;
Hong Kong No. 95
Foreign office 8/0 322
35
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His Britannic Majesty's Embassy present their complimenta to the Kinistry of Foreign Affairs and have the honour to acknowledge the receipt of the Ministry's Memoranda Ou Serien Jon. 36/8804 and 36/9167 of April 30th and lay 5th respectively on the subject of the arrest by the Hong Kong authorities of two armed Chinese nationals in connection with a shooting affray at sea in the vicinity of the island.
The contents of these two memoranda have been duly noted and are being communicated to the Government of Hong Kong for their information. As stated, however, in Kr. Labouchere's letter to Dr. Yeh of 25th April the case has been duly tried in a properly constituted court of law and on the evidence prodused the two chinese have been found guilty by a jury of assault with intent to rob, shooting with intent to cause grievous bodily hurma, and possession of «rne und «unition without licence. In the circumstances it is not within the ability or competence of the Embassy to express an opinion in the matter particularly as they have no first hand knowledge of the facts. They would nonetheless at least suggest that the exact place and circumstances of the affray would be material factors and that in any case even if a plea of superior orders were sustainable it would have to be proved that the act in question (and its time, place, and objective) was in direct response to specific orders. In this connection it has already been stated that the Governor of Hong Kong seas no reason to doubt the soundness of the decision reached at the Criminal 888ions of the Supreme Court on 22nd Marci. The Viaistry will, mercover, have duly considered the letters addressed on behalf of the liong Kong Colonial Secretary to the Secretary of the office of the Commissioner for Kvangtung and Kwangsi on 20th February and 13th March which explains the reasons for which the Government of Hong Kong were not in a position to respond to the latter's request for the release of the two men concerned or for the handing over of the crew of the junk also involved in the incident.
In the communication of March 13th it was stated in this latter connection that three fishermen suspected of being responsible for the shooting of the two dead companions of the two men concerned had been charged with manslaughter and with possession of arms without licences in the New Territories and therefore in the jurisdiction of Hong Kong.
The Embassy are at the same time able to assure the Ministry, that the Hong Kong Government are fully prepared to meet the desires of the Chinese authorities with regard to the return of the weapons stated to be the property of the Kwantung Peace Preservation Corps and have already in fact given instructions for them to be hauled over to Dr. I.N. Kwok for trangni ssion to the interested authorities.
BRITISH SMBAGNI,
HANKING,
14th May, 1947