CO129-580-1 Sino-Japanese War- handing over of suspected terrorists to Japanese authorities 1-5-1939 - 24-8-1939 — Page 132

2.

cases when extradition is sought in England is negatived.

5. It does not seem that delegation to aliens of limited

right to self Government gives the Government de jure of China

the right in principle to demand that protection be given to its

politically active citizens whom it is no longer able to protect

or placed on such alten Government any such duty.

6. Although there has been no technical recognition of

local Government in practice there has been no alternative but

to accord virtual recognition. As a puppet Government it is in

theory an usurping Government even though kept in position by an invader. It has strong analogies to Franco's [grp. undec.]

Governments in Spain as the de facto administration and if law

and order is to be maintained it is difficult to resist the

conclusion that its position is a strong one in the matter of

warrants.

7. The above theory would seem to open wide the door to

every conceivable injustice and abuse. In my opinion it should

not be admitted but only recognised for our guidance. We

should insist on considering each case on its merits and should

limit application of principle to cases of activities directly

or indirectly tending or reasonably suspect of tending to

breaches of peace either inside or outside the area. Ends.

Addressed to Foreign Office telegram No. 192 May 30th;

repeated to Shanghai telegram No. 262, Tokyo Saving No. 65 and

Peking Saving No. 73.

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