CO129-580-1 Sino-Japanese War- handing over of suspected terrorists to Japanese authorities 1-5-1939 - 24-8-1939 — Page 131

Decypher. Mr. Jamieson (Tientsin).

30th May, 1939.

D. By wireless

30th May, 1939.

R.

9.35 p.m.

31st May, 1939.

No. 192.

131

32

NO DISTRIBUTION.

My Lelegram No. 254 [? to Shanghai].

13 Fellowing notes which may be of some use on

Following notes which may be of some use on legal position

have been received from Mr. Kent legal adviser to the British Council begins: (i) Past action in China based on humanity and

British conception of right has constituted a [grp. undec.] intervention which Britain's former world position could support but which is now challenged in law.

3.

2. British Municipal Council functions partly by sufferance

and partly by the delegation of authority under official

proclamations dated March 31st 1897 and October 23rd 1900 and (ii)

no right to give sanctuary is included in Municipal administration whereas practically in the case of strife, political refuge has put British authorities at a moral disadvantage in the early days of the present hostilities but any self created [?precedent] in this connexion may be considered now to have been

removed.

4 Above mentioned proclamations imposed on British authorities obligation to permit Chinese authorities to execute in Municipal [grp. undec.] their own warrants for offenders without further enquiry by British Consul. Though practice has been different and we have built somewhat on interpretation of the word offenders any right to apply British standards as in the

cases