CO129-613-6 Arrest of members of the Kwang Tung Provincial Peace Preservation Corps 10-1-1947 - 25-11-1947 — Page 31

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GOVERNMENT HOUSE,

HONG KONG,

12th May, 1947.

31

My dear General Lo Cho-ying,

Since you mentioned to me during my visit to Canton the case of the two Po on Peace Preservation Corps men who were tried and sentenced to terms of imprisonment in Hong Kong in connection with the Deep Bay shooting incident last February, I have again considered the matter.

2.

It is true that in accordance with the understand- ing embodied in the recently terminated informal agreement for the surrender of military personnel, I have in the past handed over for trial by the Chinese authorities persons committing offences in this Colony, when I have been satisfied, before their cases came up for trial in the Hong Kong courts, that the Chinese authorities wished to hold the trial themselves on the ground that the offenders were members of the Chinese armed forces. In the case of these two men the provisions of the informal agreement were not invoked by the Chinese authorities and although certain representations were made on their behalf it was not urged that they were regular soldiers whose cases wight have been dealt with under the agreement or that if they were released by the Hong Kong authorities they would be tried in China. Consequently the trial took place in the Hong Kong Courts and the men have been convicted by the Supreme Court of this Colony and sentenced to four years imprisomaent.

3.

Both Colonel Hem Locke, when I saw him on April 25th, and you yourself have now suggested to me that although the men have been convicted und sentenced it might still be possible for them to be handed over to the Chinese authorities on the analogy of the informal agreement, as being members of the Chinese armed forces. I am very sorry not to be able to comply with the request that these men, who have been convicted of a very serious offence of a sort that we are doing every- thing in our power to stamp out, should be handed over before they have served the sentences which have been imposed upon them. These sentences, as I informed Colonel Locke, seem to me to have been by no means excessive, considering the gravity of the offence.

4.

It would have been very gratifying to me if before my departure from Hong Kong I had been able to comply with a request of yours, and I feel sure you will appreciate that I should have done so if it had been at all possible.

goodwill,

With very kind regards and assurances of TAY

I

(signed)

Yours sincerely,

M. YOUNG.

His Excellency

General Lo Cho-ying,

Governor of Canton,

CANTON