Decypher. Mr. Jamieson (Tientsin).
19th May, 1939.
D. By wireless
20th May, 1939.
R.
9.30 a.m.
20th May, 1939.
No. 183.
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162
IMPORTANT.
Chungking telegram 45 Tour to Foreign Office.
I think my previous telegrams made it clear that the four persons, quite apart from [grp. undec.] assassination, are members of Wang Wen terrorist gang. They were in our concession in receipt of monthly pay from Wang Wen.
2. I am of course unable to make any authoritative statement on legal grounds involved but it appears to me that, when a de facto Government exists, persons residing in territory where that Government exercises effective control, are subject to courts functioning under the aegis of that Government.
A warrant for
arrest of the four men concerned has been issued by Tientsin district court. (In my telegram No. 13 to Chungking I said "Li Han-yuan states torture is not permitted in the district court and that its trials are fair").
3. (a) Has Chinese Government any moral right (see first paragraph) to expect us to intervene on its behalf between these four men and Tientsin district court? (b) Have we any legal justification (see second paragraph) for such intervention? is pertinent to remark that we daily send persons for trial by execution of warrants issued by the district court. (c) If
It
answer
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