CO129-564-1 Sino-Japanese War- landing of foreign military aircraft in Hong Kong 8-10-1937 - 26-12-1937 — Page 6

6

Having regard to the last paragraph of

has

No.1, it appears that the 0.A.G. proceeded upon the

assumption that a state of war exists between

China and Japan.

We should, of course, tell him that he

must deal with the matter upon a peace time basis,

but it seems hardly necessary for the Foreign Office

and ourselves to give him advice (for which he has

not asked) as to the interpretation of the

provisions of the 1927 Order in Council.

In all the circumstances, however, there

can be no harm in telegraphing on the lines of the

attached draft as now amended by me. Something

should be said, I think, about Articles 11 and

19(ii) which were not mentioned in our letter of

9/10/37 (No.2), and I have made the necessary

addition in the draft.

I rang up Sir W.Malkin on the telephone

about this yesterday, and I understood from him

that Mr.Fitzmaurice, who is at present on leave and

on whose advice the Foreign Office letter (No.4)

was apparently based, did not go into the question

of the possible powers of detaining aircraft

under the articles mentioned above.

We might ask the Foreign Office if they

concur in the revised draft telegram before it is

sent.

14. Duncan.

21/10/37.

Yes. But we Med

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