CO129-477 - Public Offices - 1922 — Page 428

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road there are septal others similar to it and if it was essential

to atop the Chinese passing beyond, why should it only have been at

the one place, Shatien? This proves still more clearly that the

Hongkong Police were wrong in killing and wounding Chinese worksen

at Shatien on the occasion in question. It seems to me that for

justice to be done and public feeling to be conciliated, Hongkong

officials ought, in accordance with law, to punish the Assistant

Superintendent of Police in question and the policemen who misused their powers wrongfully to open fire and kill people. The letter

under acknowledgment however states that, it having been justifiable

homicide, there is no necessity for discussing the question of punish-

ment I that is, the real facts of the oase are put on one side, once

there has been an infringement of the Hongkong martial law regulations.

1 entirely however fail to agree with that statements contained in the 6th paragraph of the Hongkong Government's letter and I have

accordingly the honour to send you this reply to reiterate the protest

and would ask you to be good enough to telegraph to His Excellengy the

Governor of Hongkong, renueating him to refer to the contents of the

letter from this office of Karch 8, and, in order that the law may be

vindicated, to have the police who shot the Chinese on the day in quest-

ionseverely punished, and I have further the honour to request the

favour of a reply.

I have further the honour to state that Chinese have the right

to leave hongkong at will and that other persons carmot stop them. Even

the Hongkong Government cannot stop them, for the Chinese in question in wishing to quit the Colony committed no crime. The Hongkong Govern-

,ent merely issued orders prohibiting them from leaving the Colony.The

Chinese were therefore not criminals, but merely infringed the llongkong

order about leaving the Colony, and the Superintendent of Police in ordering his men to shoot treated human lives as grass and ought to be

punished, seeing that his action was contrary, I fear even to British

law.

(ad) Wu Ting-fang.

Enclosure No.2 in Fr. Jamieson's No.23 of June 9, 1922.

COPY.

427

sir.

June 9th, 1922.

I have the honour to acknowledge the receipt of Your Excellency: communication of the 7th instant, in which after an interval of two and a half months, Your Excellency has seen fit to reopen discussion on the subject of the regrettable shooting incident, which happened at Shatien early in March, and of which the settlement proposed by the Hongkong Government was acquiesced in by the late Governor of the Province, Goneral Ch'an, to whom I carefully explained in person all circumstances connected with the case.

2. I cannot resist the conclusion that this belated interest in

the Shation affair, of which Your Excellency has been cognizant in your capacity of Linister of Foreign Affairs over since it took place, has been evoked by occurrences elsewhere, which have nothing whatever to do with the Colony of Hongkong.

3. I note that your office is prepared to make arrangements for the payment to the dependents of the deceased of the sums granted them by the Hongkong Government, and will inform His Excellency the Governor accordingly.

4. There can, however, be no question of requesting the Hongkong Goverment to punish severely the police or other parties responsible for the firing "in order that the law may be vindicated", as they have already, after a public judicial enquiry, held with a special jury, been exonerated by the law. The Kuangtung Covernment was at liberty, and was particularly asked, to send a representative to attend this enquiry, or to produce any evidence at their disposal, but

t regrained from doing so. They are, therefore, precluded from comment- ing two months later on the testimony furnished by eye-witnesses, or from traversing statements made by them. The Jury, who heard the evidence and were hance in a position to form a correct judgment aa to the value of statements made for or against, unanimously gave as

their His Excellency

Dr. Wu Ting-fang,

Acting Civil Covernor of Kuangtung. etc.. etc. etc..

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