CO129-583-9 Pte David Eckford- transfer to England to serve term of life imprisonment 16-9-1940 - 4-12-1940 — Page 10

10

in

bolonial Office Important WITH THE COMPLIMENTS OF

Seen by dept. 27/9

F 3855/1473/10.

53505/40 I

THE CIDER SLEDETARY OF

STATE FOR FOREIGN AFFAIRS

17 SEP 1940

Copy sent W.0:

3.#.1.

16th September, 1940.

10

3ir.

20 SEP 1940

C.C. REGY

I am directed by Viscount Halifax to refer to Mr. Graham Harrison's conversation over the telephone with Mr. Ashley Clarke on the 19th August regarding the transfer from Shanghai to the United Kingdom of Private David 3ckford sentenced to life imprisonment for murder, and to transmit herewith a copy of Shanghai despatch No. 161 of the 28th June and copies of Poreign Office telegrams Nos. 47 and 50 to 3hanghai.

2. It will be seen from the despatch that the Consul-General was relying on the British military headquarters in 3hanghai to provide the necessary escort. In the meantime, however, it had been decided to withdraw the British garrisons from China, and the removal of the troops from Shanghai was expected to take place a day or two after the Consul-General's despatch was received in London. in order, therefore, that the prisoner should be provided with a suitable military escort the necessary instructions had to be sent to 3hanghai without delay and there was no time to obtain the prior consent of the Secretary of State for the Home Department for the transfer of the prisoner to this country. In the circumstances Lord Halifax trusts that Sir John Anderson will overlook the omission and now accord his formal approval.

3. It will also be noted that the British authorities in Shanghai propose to deal with the case under Article 70 of the China Order-in-Council, 1925, in accordance with which it is presumed that the Judge of His Majesty's

Supreme/

The Under-Secretary of State,

Home Office.

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