CO129-570-7 Sino-Japanese War- attack on shipping 21-3-1938 - 18-11-1938 — Page 62

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of a right on their part to dictate routes to our shipping,

but would be justified on purely navigational grounds by

reference to the fact of the presence of Japanese naval vessels

in a particular area.

The signal 1011/23 from the Commander-in-Chief does not

indicate that there are, in his opinion, any navigational

grounds which would justify our advising British ships to avoid

the area of naval operations; and if this is, in fact, the

view of the British naval authorities, we think the Japanese

should be told that we cannot agree to issue the warning

suggested by them; that British shipping must remain free to

follow the courses used in the past; and that any interference

by the Japanese with British vessels, except what has already

been agreed to for the purpose of establishing identity, will

be regarded as unwarranted.

If, on the other hand, the British naval authorities

advised that on navigational grounds the suggested warning to

British shipping should be issued, it would be necessary to

explain to the Japanese that the warning would not be binding,

and that any British ships which did not act on it would not

thereby make themselves liable to any interference by the

Japanese authorities (except what has already been agreed to

for the purpose of establishing identity); and the attention

of the Japanese might also have to be called to the case of

vessels proceeding to Canton. Moreover, it would be necessary

to arrange for frequent review of the situation by the naval

authorities so that, if the conditions altered in such a manner

as to make the warning no longer applicable, a further notice

to British shipping could be issued.

I am sending a copy of this letter to Seal.

Yours sincerely,

Signed W. Carter.