CO129-563-16 Sino-Japanese War- attacks on shipping 6-9-1937 - 13-11-1937 — Page 71

M.05068/37

SECRET

70

Military Branch,

ADMIRALTY, S. W. 1.

4th October, 1937.

Dear Orde,

May I refer to your letter to Gent, No. F.6735/130/

10, dated 24th September, about the sinking of fishing

vessels which supply Hong Kongî

I understand that you discussed the matter with

Garside and that he pointed out to you that Japan is very

dependent upon her coastal fishing industry and that she

is therefore vulnerable to any attack upon it.

The Admiralty would, therefore, like to suggest

that your draft telegram to Tokyo should be slightly

amended as follows:-

Paragraph 2

Omit "Formal representations

appeal to it", and

Substitute

"Although formal representation cannot however, be based on convention, as (a) no state of war exists, and (b) it would be for the Chinese to invoke convention, you might find reference to Japan's apparent abrogation of the convention a convenient line of argument to take. You may at your discretion also employ the argument that Japan's own dependence on adequate supplies of fish and her con- sequent vulnerability to any attack on her coastal fishing craft would be expected to make her averse to creating a pre- cedent by not adhering to the convention in this respect. "

If this were done the first sentence of paragraph

3 might be amended to read, "Arguments on which you may

also rely

#

...

...

C.W. Orde, Esq. CM.G.,

FOREIGN OFFICE,

I am sending a copy of this letter to Gent.

Yours sincerely,

(Bigd.) E. A. Beal.

5.W.1.