TNAG-2776-FCO40-3993-Hong-Kong-questions-for-the-Legislative-Council-(LEGCO)-on-c-1993 — Page 40

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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014076 MDHIA 088

(a)

I am, of course aware of the reports that have appeared in the press. But the events in question occurred some 50 years ago and it has not been possible, in the very short time given to us by the Honourable Member, to make a thorough search of the archives. The records which we have examined both here and in London contain no reference to the recruitment of "comfort women" in Hong Kong. Nor do they mention any representations or investigations on the matter.

There were extensive investigations into war crimes by the Japanese. Some 920 political leaders and officers were tried by British military courts, some in Hong Kong. But as far as

as far as we have ascertained - no evidence was put to these courts on the subject of forced prostitution.

There can be little doubt that such events did take place. Indeed, the author 0. Lindsay's book "At the Going Down of the Sun", which covers the occupation, makes a brief reference to a Japanese colonel requesting 500 girls. But the point is not elaborated;

(b) we have no way of knowing how many women suffered in this way. We have had no approaches for assistance from the women themselves. And we do not know how many are still alive. Given the nature of the crimes and social attitudes at the time, this is hardly surprising. This has been the experience elsewhere in the region. Only now, with changing times, have women begun to talk about their dreadful experiences.

(c) The question whether an approach can now be made by the UK Government for damages for such women is constrained by the Treaty of Peace with Japan signed at San Francisco in 1951. By arrangements made under that treaty payments subsequently made by the Japanese Government fully discharged its obligations to the nationals of allied powers for damage done. There is therefore no Legal right to claim under the 1951 Treaty. It is, however, open to such women or the Honourable Member on their behalf, to open discussions with the Japanese Government.

2. Answer (c) is based on the reply we gave to a question about Japanese military currency (Telno 2608 of 21 November 1992). Grateful for urgent Legal advice as to whether our statement concerning the effect of the Treaty is correct or whether • in the rather different circumstances of the comfort women we would have

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