CO129-590-25 Accounts of events leading up to surrender and subsequent treatment of prisoners- etc 23-4-1942 - 28-9-1943 — Page 88

INWARD TELEGRAM

TYPEX

FROM:

CANADA (H.C.)

TO:

D.O.

MOST IMMEDIATE

D. 22nd July, 1942, 10.59 p.m. E. 23rd #1

7.55 a.m.

#1

No. 1455 MOST SECRET

My immediately preceding telegrams.

Following is text of my letter to Prime Minister.

16

88

S.D.

Begins.

I only saw late last night copies of Colonel Drew's two letters to you of July 11th and July 18th. I naturally have not had any opportunity to communicate with the Government in London about these, and would not do that without letting you know first that I proposed to do so. But the United Kingdom Government is so concerned in some of the points touched upon in Colonel Drew's letters that I think I must let you know straight away my personal views on this aspect of the matter.

You will recollect that on March 19th you asked the United Kingdom Government for their agreement to the Chief Justice and Counsel in the Hong Kong enquiry being shown five telegrams sent by them to you, "not for publication or inclusion in record or reference in report". In the course of his reply of the 28th March the Secretary of State for Dominion Affaira said the following, "We should normally have felt bound to resist any suggestion that documents so secret and of such recent date should be submitted to enquiry, but request has been most carefully considered with a view to assisting His Majesty's Government in Canada and as exceptional measure we are prepared to agree to production of telegrams mentioned.....on distinct understanding that they will not be published and will not be included in the record or referred to in any report of the enquiry.... we feel sure that Canadian Government will appreciate necessity for these precautions from point of view of our relations with other governments and their representatives....

I would draw particular attention to the condition that these telegrams should not be even referred to in any report of the enquiry. I have not seen any communication from the United Kingdom Government since which would relax that condition. If no such message was received, the first unfortunate slip in this business seems to have been that of the Commissioner when he did refer to these telegrams and make a general comment on them on page 4 (4) of his published report, and again on page 17 (17) in the published appendix to the report. One of Colonel Drew's arguments in his letter of July 11th is that the Commissioner's comment on these communications is unjustified by their content. He proceeds to refer, more specifically than the Commissioner did, to one of these telegrams in particular, the long telegram of October 24th. He gives in some detall his own interpretation of the content of that telegram. In his letter of July 16th he repeats this, and urges that this telegram must be published.

On the advice of the Government Counsel in the Hong Kong enquiry, Mr. George Campbell, K.C., that to lay Colonel Drew's letter of July 11th on the table of the House of Commons would be a breach of the condition on what United Kingdom authorities had agreed to, the Commissioner and Counsel in the enquiry seeing the five telegrams, you refused the request that this letter should be laid.

If