CO129-580-1 Sino-Japanese War- handing over of suspected terrorists to Japanese authorities 1-5-1939 - 24-8-1939 — Page 93

This Document is the Property of His Britannic Majesty's Government, and should be

returned to the Foreign Office if not required for official use.]

58.

93

To: CHINA.

Cypher telegram to Sir A. Clark err, (Shanghai).

Foreign Office. June 12th, 1939.

2.45. p.m.

No. 463. (R).

IMMEDIATE.

--o0o-

51

Your telegram No. 527 [of June 10th

Tientsin terrorists].

A tribunal as suggested in paragraph 6 purporting to take jurisdiction over the accused would have no legal basis and would probably encounter the Japanese objection that it ousted the jurisdiction of the local court as well as the reluctance

of a suitable neutral to assume illegal powers.

I am,

If, however, the Consul-General has not already acted on my telegram No. 48 the following modification of your proposal might be offered to the Japanese authorities. My attitude has

been that the evidence hitherto communicated to me is not

sufficient to establish a prima facie case justifying the handing over of the accused to the local Chinese court. however, willing that a committee of independent and reputable persons should be convened to study the question on the spot, and I would undertake to be guided by their advice. If in their opinion a prima facie case had been established the men would be handed over for trial by the local court, and if not the Japanese would be expected to allow them reasonable time to

leave the Concession safely.

The Advisory Committee should consist of one British, one Japanese and a neutral member, preferably with legal qualifica-

tions.

If you think you can obtain the services of a suitable neutral you should authorise the Consul-General to take the

necessary steps without delay.