CO129-580-1 Sino-Japanese War- handing over of suspected terrorists to Japanese authorities 1-5-1939 - 24-8-1939 — Page 105

2.

105

us:-

5. If this is so there seem to be two courses open to

1) To yield to Japanese threats and so to do something repugnant to our sense of justice, and

(2) To try to find a means of escape from present deadlock which should be acceptable to both sides.

6. I assume that Your Lordship will not dwell on (1) and I venture therefore to put forward following suggestion: that the four men in question should be brought before an ad hoc tribunal composed of one British, one Japanese and one neutral judge which would decide whether the men were guilty or not.

If they were not If they were they would be handed over. they would revert to the care of British municipality.

7. I foresee that there may be some legal objections to such a tribunal, but I think in all the circumstances it would be wise to set them aside and if my plan were adopted I would suggest sending Judge Mossop to Tientsin.

8. It seems to me that even in their present temper it would be hard for Japanese to refuse offer of this kind. Addressed to Foreign Cffice No. 527 June 10th;

repeated

to Tientsin No. 164, Tokyo No. 333, Mission No. 375 and Commander-in-Chief No. 206.