CO129-589-2 Sino-Japanese War- interned Chinese soldiers 15-1-1941 - 10-3-1941 — Page 11

LIVER

72 JAN 1911 C.O. REQ

2.11

FOREIGN OFFICE, S.W.1.

Anod. (B)

(F 178/178/10).

CONFIDENTIAL

Dear Gent,

20th January, 1941.

I would refer you to Tokyo telegram No. 28 of the 7th January on the subject of the Chinese soldiers interned at Hong Kong. A copy has already been sent to you.

As there is no declared state of war between Japan and China we are not legally required to intern their belligerent forces entering our territory, but we have done so hitherto in this case in order to placate the Japanese. The matter was raised at Tokyo in March last by the Military Attaché with the Director of Military Intelligence, when the latter admitted that internment was not required under international law and that the release of the men would make no difference to Japan; but he deprecated release as it "would be taken as another sign of unfriendly "action by His Majesty's Government" See Tokyo telegram No. 414, of which a copy is enclosed. In deference to Sir Robert Craigie's opinion the question was allowed to drop for the time being.

Now that Japan has openly joined the enemy camp by adherence to the Axis pact we feel that we need no longer consider Japanese susceptibilities short of action likely to provoke actual hostilities, and we do not think that the release of these internees would come within that category. We understand that the Japanese have already released the prisoners taken by them at Canton, and so far as we are aware they do not maintain prisoner-of-war camps in other places. It is thus unreasonable of them to expect us to do so indefinitely for their benefit, but if, by asking, we admit the necessity of their concurrence in the release of the prisoners, they may see no reason to relieve us of the burden.

We are inclined to think, therefore, that it would be better to authorise the release of these men without again approaching the Japanese authorities. It could if necessary be done gradually and ostensibly for medical

G.E.J. Gent, Esq., C.M.G., D.S.0.

reasons /