CO129-579-11-1 Sino-Japanese War- seizure of unauthorized wireless transmitting apparatus 13-2-1939 - 7-5-1940 — Page 104

ENCLOSURE NO.2.

COPY.

103

September 28.

My dear Witham,

Many thanks for your note, David Kung is anxious

on two points. One that information from his files might

leak out to the Wang Ching-hui people, or to the Japanese,

and, the other, that innocent men might suffer if imprison-

ment and not a fine is imposed, since he (David) is solely

responsible and should take the consequences for the breach

of Hong Kong laws.

If a fine is imposed then the names of others will

not matter, but if imprisonment is to be the punishment then

David says he should be the one to stand trial.

While this is a proper and fine stand to take I

am wondering if it is wise. I do not tell him it is not.

After all there are the relations existing between our country

and China that have to be considered. If anyone is to be

arrested then it should be David, but to arrest him would

bring about an exposure of disinterestedness in China that

would please Japan (an aggressor) and delight the aggressors

against whom we are engaged in war. David is, after all,

representing a Chinese Government organ, and that organ should

be entitled to privileges seeing that Great Britain is a

member of the League of Nations and is entitled to, if she

so desires, to take action to assist China, a victim of

aggression, against Japan. However, that is understood by

the authorities here, and there is no reason why I should

mention it, except in connection with possible repercussions.

In this connection I recall that it was David's

father who adjusted the difficulties with the Sinkiang

authorities who were acting to prevent the British Consulate

at Kashgar from using their own wireless set. The Embassy

got me to press for action to have the wireless set spare

parts released by the Sinking people, and I did so act.