CO129-580-1 Sino-Japanese War- handing over of suspected terrorists to Japanese authorities 1-5-1939 - 24-8-1939 — Page 72

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that the confessions had been made under water torture. This

statement was made in the first instance to Li Han-yuan who is

undoubtedly Chinese patriot but on whom I have an open mind as to

whether or not he is actually an agent of the Chungking

Government. He has been of extreme value to me on former

occasions in getting into touch with members of the Chungking Government (e. g. Dyson case).

4. In view of the fact that the confessions to the

Japanese were probably obtained under duress I have never

contended that there was in English law sufficient evidence

to warrant handing over the men on a charge of murder. What I

have contended is that if the Chinese court issued a warrant

(which was in fact done) I would be acting ultra vires in refusing

to execute that warrant, it being in my opinion not necessary

that I should have prima face evidence before executing the

warrant.

ö. As I however realised that you were apparently holding

that I must have prima face evidence before I could execute

this warrant I strongly urged that the men be handed over on the

charge that they were members of a terrorist gang. On this

question I felt that I was on sound ground. The four men were

in our concession on monthly pay from ang Wen and without any other visible means of support. Wang Wen's brother and his chief of staff Chi Nien-Hua were already under arrest for being

in possession of bombs. This showed the character of the

activities of the gang. My view was therefore that even in

English law there was ample justification for handing over

these two men for trial on this account. Question whether or

not