CO129-579-5 Sino-Japanese War- Japanese aircraft- Hong Kong air space and other activities 31-1-1939 - 5-8-1939 — Page 80

No. 46 (19/72V/39).

British Embassy,

Tokyo.

17th February 1939.

80

Your Excellency,

On January 18th the Japanese Consul-General in

Canton notified the Consular body there that the Japanese

authorities intended to shoot dom any aeroplane which

flies over China at night unless the flights, times and

course are previously notified, when such flights should

not exceed the neight of 500 metres. On February 2nd the

Japanese Consul-General notified the Consular body very

urgently that the above notification applies in full to a

radius of 15 nautical miles from weichow Island in the

Oulf of Tongking for Third Power aircraft by day and night.

His Majesty's Consul-Jeneral in Canton protested immediately

in writing against these orders.

2.

I now have the honour to inform Your Kxcellency,

under instructions from His Eajesty's Principal Lecretary

of state for Foreign Affairs, that His Majesty' a Government

in the United :ingdom cannot admit the right of the

Japanese forcee or Government (whether the pre sen t

hostilities are regarded by the Japanese Government as

state of war or not) to make deliberate attacks on civilian

aircraft except in quite exceptional circumstances (e.g.

refusal to obey a clear and lawful order to land ). In the

absence of a declared state of war His Vajesty's Government

His *xcellency,

Bachiro Arita,

Fia Imperial Japanese bajesty'

Minister for Foreign Affaire.

cannot /

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