CO129-580-1 Sino-Japanese War- handing over of suspected terrorists to Japanese authorities 1-5-1939 - 24-8-1939 — Page 98

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2.

but since that crisis.

It would in fact be impossible not to

recognise local de facto court as there is no other machinery in

existence for trial of offenders.

2.

I submit evidence requirements in Chinese courts are

vastly different from those of English courts. Convictions in

criminal cases are in most cases decided on confessions made

(such confessions almost invariably being made under pressure).

In this connexion recent telegraphic correspondence exchanged between His Majesty's Ambassador and myself, which I requested

should be repeated to Your Lordship, shows it is my understanding

that (A) Shanghai municipal council send men for interrogation to

Japanese authorities as in case of the four men; (B) Shanghai

municipal council accept no complaint of torture unless there is

physical evidence of such; (C) Shanghai municipal council accept such confessions as sufficient evidence to justify handing over

culprits. In other words if this case had occurred in Shanghai

the men would have been handed over for trial.

3. With regard to additional evidence in the case of the

charge against the four men that they were implicated in Cheng

assassination, I have to point out, as previously reported, that a

reconstruction of the crime took place in the presence of His

Majesty's Superintending Consul, Chief of British municipal

council police and other British municipal council police officials

direct questions were put by Superintending Consul to the men,

definite replies being given that they were armed outside Grand

Theatre at the time when the crime was committed and that they

covered retreat of the assassin. Both Superintending Consul and

chief of police expressed their agreement at the time, that the

men