fco-21-687-detention-of-british-subjects-in-china-mrs-constance-martin-and-mr-william-mcbain — Page 2

National Archives 英國國家檔案館 All

CONFIDENTIAL.

PX

ADDRESSED TO PEKING TELNO 267 OF 8/7 RFI TO HONG KONG.

79

F

1013

YOUR TELNO. 517.

BY ALL MEANS ACT IN THE TERMS YOU PROPOSE.

YOU WILL NOW HAVE SEEN ROBERTS' LETTER OF 2 JULY TO DAVIES BUT

THE FOLLOWING DETAILS MAY BE USEFUL, WHEN, AT THE TIME OF HER ARREST,
HER JEWELLERY WAS REMOVED, MRS. MARTIN CLAIMS TO HAVE MADE A REMARK TO
THE EFFECT THAT SHE HOPED THE PRISON AUTHORITIES

WOULD TAKE GOOD CARE OF IT. SHE CLAIMS THAT THEY ASSURED HER THAT

SHE NEED NOT WORRY AND THAT SHE WOULD GET IT ALL BACK WHEN SHE LEFT.

2. HOWEVER, WHEN SHE HAD BEEN QUOTE SENTENCED UNQUOTE (HOWELLS" LETTER
OF 9 APRIL TO WILSON, PARA. 9) AND WAS LEAVING SHE WAS TOLD, IN REPLY TO
HER REQUEST TO HAVE HER JEWELS RETURNED, THAT ALL HER POSSESSIONS HAD
BEEN CONFISCATED AND THAT HER JEWELLERY

WAS THEREFORE ALSO CONFISCATED.

DOUGLAS-HOME

DEPARTMENTAL DISTRIBUTION

F.E.D.

CONSULAR D.

CLAIMS D.

H.K.D.

CONFIDENTIAL

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry No.

DEPARTHENT

FEC 14/1

"SUNITY CLASSIFICATION

Confidential

Unclassifed

ок

PRIORITY MARKINGS

(Date)

Flask Immedi

PRIVACY MARKING

In Confulence

En Clair. Gode Cypher

Draft Telegram to:-

No,

PEKING

L'ULL

(Date)

LIJIL

And to:-

267...

• Date and time (G.M.T.) telegram should

reach addressce(s)

------

patched

C

[Security_classification]

any

[ Privacy marking

-if any

[Codeword-if any]

Addressed to

telegram No..

And to

+

1

8/7 repeated for information to

R

CONFIDENTIAL

·

[IMMEDIATE PEKING

(date)

коже

[ROUTINE) HONG KONG

P

IL

÷

Repeat to Нов кома

Saving to:--

Distribution:

fed

Contule

Clains

Hong Kong Deget.

Copies to:-

two Wilford

17552

EXAMENTO

Wo

Saving to

·ILL'

1.- Z

tel. no.

By all means act in the terms you propore

44.

You will now have seen Roberts letter of

2 July to Davies but the following details may be useful. When, at the
time of her arrest, her jewellery was removed, Ars. Martin claims to
have made a remark to the effect that she hoped the prison authorities
would take good care of it. She claims that they assured her that she
need not worry and that she would get it all back when she left.

2. However, when she had been quote sentenced unquote (Howells' letter
of 9 April to ilson., para.9) and was leaving she was told, in reply to
her request to have bur jewels returned, that all her posscssiona had
been confiscated and that her jewellery was

therefore also confiscated.

SM

8:

My. Stering

Mc Myby

FEC 14/1

Reference. mnib-----------------------

MO MARTIN'S PROPERTY

Peking telegram no.

517

at Œ below.

My letter of 2 Inly to Mr. Davies

Fly

(at foris 76)

will only

have reached

Peking

the

day after

Mr. Allan sent

this telegram.

The clause in parenthesis

in paragraph

3

Letter

up my

many not

satisfy Mr. Allan's request for more detail

these promises

therefore

I have there fore

drafted

a

further Felegram, which should

до

'Ammediate!

Wokein 8 87m

Tec

Seat

for despatch 877

Aleynolds

79

TOP COPY

CYPHER/CAT A

PRIORITY PEKING

TELEGRAM NO.517

CONFIDENTIAL

TO FOREIGN AND COMMONWEALTH OFFICE

6 JULY 1970

CONFIDENTIAL.

ADDRESSED TO F C O TELEGRAM NUMBER 517 OF 6 JULY A FITO

HÙNG KÔNG

12

YOUR TELNO 253.

EC 14/1

Draft tel.

yu

to Peking;

Milde,

PR 8 Ti

WE ARE SEEKING INTERVIEW WITH CONSULAR DEPARTMENT BUT I THINK

FOR ACTING CONSUL TO OPENLY TALK OF QUOTE THEFT AND NEGLIGENCE

UNQUOTE AT THIS STAGE WOULD PREVENT CHINESE FROM MAKING ANY

HELPFUL MOVES ON EITHER PERSONAL JEWELLERY OR MRS MAROTIN'S

PROPERTY SINCE IT MIGHT THEN LOOK AS IF THEY WERE RECOGNISING

OUR ALLEGATIONS AS CORRECT. I WOULD THEREFORE PROPOSE THAT IN

TALKING OF THE PERSONAL JEWELLERY ACTING CONSUL SHOULD RESTRICT

HIMSELF TO EXPRESSING CONTINUED ANXIETY AND REFERRING TO THE

PROMISES ON WHICH WE SHOULD BE GRATEFUL FOR FURTHER DETAILS

URGENTLY

MR. ALLAN

DEPARTMENTAL DISTRIBUTION

F.E.D.

CONSULAR DEPT

CLAIMS DEI A

H.K.D.

CONFIDENTIAL

+

(FEC 14/1)

Far Eastern Department

6 July, 1970

18

.e are most grateful to Mrs. Martin and to you for sparing the time to
come and see us on Wednesday. I think our discussion was very useful,
and we have now been able to ask our office in Peking to proceed with
the approach which we agreed on, I will naturally keep you aware of any
significant developmenta,

I return herewith the list of her property in Shanghai that Krs. Martin
so kindly wrote out for us, together with a spare copy of our
typewritten transcript.

There was one small matter on which we would be grateful for Mrs.
Martin's advice. We briefly spoke about the possible need to appoint an
agent in Shanghai to act on behalf of Mrs. Martin, I understand that the
Hong Kong and Shanghai Bank would prefer not to be involved, and it
occurred to me that rather than run the risk of causing embarrasssant to
her friends in ?hanghai by naming one of them as har agent Mrs, Kartin
might prefer to nominate the China Travel Service, as did Mr. Mobain,
This may also be quicker for you. For our part, we should like before
too long to be in a position to volunteer the name of Mrs. Martin's
agent to the Chiness.

C. Jansen, Esq.,

Milestone,

New Street,

Petworth,

Jax 877

(P. J. Robertá)

5

(HIH) DA. 391999 1,500μ 2169 8.

NOTHING TO BE WRITTEN IN THIS MARGIN

FEC Registry 4

No.

URITY CLASSIFICATION

Top Secret.

Secret

Confidential.

Datorveted.

Unclassified.

PRIVACY MARKING

In Confidence

DRAFT

To:-

C. Jansen, Esq

Milestone,

New Street,

ETWORTH

Type 1 +

From

Telephone N♣. &Ex1,

Department

She

Fm. 2

We

most grateful

to Mrs. Martin of to

spany the

you for

the time to come

Wednesday

P

see us yesterday! I think om.

discussio

was very useful

useful, and

we have now been able to ask

with the approach

Office in

Peking to

proceed

which

ve

agreed on.

keep you

aurare

I

I will maturally

significant

of any developers,

return herewith the list of

in Shanghai that Mars.

her

property

Martin so kindly wrote out for ws, together with a spare upy of on
typewritten transcript,

There

on which we would be grateful for

Martin's advice.

Spoke about

Spoke

сер

un altas

We briefly

Родстве

Ms.

about the freed to appoint

an agent in Shanghai to aut on behalf of hers. Martin, I

understand that the twong Kong

Back would

Shanghai Brank

є

prefa

anot

to be inrowad

And it occurr

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~=8/

we

to

that rather than

entrarragsunt to he

amin

friend in

Shanghai by

пов

he agent

of then

Mrs Martin might prefe

to nominate, China Travel Service

Mr MeBain, this

may

, as fid

also be quicker for you. For our part we showed like befme tooling to
beste

in a position to whunter the name of pus Martin's apart hatch

+

NOTHING TO BE WRITTEN IN THIS MARGIN

Mr. Wilford

My Jord

o.r.

CONFIDENTIAL

56

Flags A

and B

I have before

wither of those klę. Imagin

aphed many

Thises that tele wolt Files on the fitt

Fistulaust be

mafically

མི་

Flag A

Flag B

Mrs. Martin and Mr. McBain

You asked what action had been taken on your minute

of 18 May (folio 68 below).

2.

lie have now been told formally by the Chinese (Peking

telegrams Nos. 330 of 9 May and 444 of 11 June) that

Mr. McBain's property has been confiscated because of his

alleged offences against Chinese law and in part compen-

sation for the Chinese claim outstanding against Moellers,

and we have asked Er. Howells in Hong Kong to pass details

of these charges to Mr. McBain. After discussing with our

Legal Adviser we have come to the conclusion that there is

little to be gained from renewing our protest to the

Chinese about the confiscation, since the only clear ground

of protest we have is the absence of a proper trial and we

are unwilling to rely on this alone.

3. It appears highly probable that Mrs. Martin's property

will also be declared forfeit on even flimsier charges: the

Consular Department of the Ministry of Foreign Affairs have

promised a speedy resolution of this issue (Peking telegram

No. 330, paragraph 5). At the same interview Mr. Davies

indicated Mrs. Kartin's particular concern for her jewellery

and at the second interview (Peking telegram No. 444) asked

whether Mr. McBain's medals could be returned.

£4.

Assuming that Mrs. Martin's property is to be officially

confiscated it seems to me reasonable for us to draw a

CONFIDENTIAL

/ distinction

CONFIDENTIAL

Yes.vce. MN.

FLAG.C

distinction between the confiscation, however unjustified,

of goods and chattels on the one hand and the unprincipled

retention of personal jewellery before notifying the con-

fiscation on the other. The former has allegedly been

sanctioned by law: the latter smacks of petty theft.

Chinese may not accept this distinction but Fr. Kuan's

willingness to listen to Mr. Davies' request and to pass

it on to Shanghai is encouraging.

There is no reason,

therefore, not to take the matter a stage further, and I

have suggested to Peking that they raise the matter

(telegram No. 253 attached.).

The

SALMogen

(J. A. L. Morgan)

1 July, 1970

The matters appears to the wall in hand.

Thank

you. The

2. Om procedure the Depot have

not

gor. mach to be

proud 17! My minute is diled 1875. Mr Roberts does something

about at

15% Drawing attention to two telegons which

if he looked at the dich ribution

Hat I could not have can

CONFIDENTIAL

he would have

realiant

I should be grateful if

You would draw his attenti & this minté

об накид

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'Files' a 'Depts "Drähntation Muz

Your Dept about 'Files' a 'Depts Distribution

(PSC 14/1)

CONFIDENTIAL

(76

Far Eastern Department

2

July, 1970 3/vi

Uza. Martin's Property

Mrs. Martin herself came in to see us yesterday just after our telegram
Xo. 253 to you had been despatched. She displayed that buoyant style we
had come to expect from reading the accounts by Howells and Michael
Wilford. She chatted happily to Ian Stevenson about the old days in
Shanghai.

their

2. Te had asked her whether she could let us have an inventory of the
mere important item of her property in Shanghai, and she duly brought us
one. I enclose a typed copy. You will no doubt be struck, as were wo, by
the inclusion of many Chinese items, and we gently pointed out to her
that even had she left China in the most favourable circumstances it is
highly unlikely that she would have been allowed to export these
antiques. Whilst, therefore, we would on prinsiple be asking the Chinese
for the return of all her possessions, in the event of their rejecting
thispproposal we asked her if she would agree to our narrowing down our
request to those items (e.g. the English paintings) in which the Chinese
could have no interest? When she agreed, we took her a stage further and
asked whether, if need be and if the choles arose, she would be prepared
to see us patting more emphasis on the retrieval of har personal
jewellery, in particular that taken from her on arrest, even if this
were te detract from our more general approsch, Again, she agreed.

3. We would therefore add the following gloss te paragraph 2 of our
telegram No. 253. It seems most unlikely that the Chinese will rescind
their verbal sentence of confiscation of Era. Martin's property (she
confirmed yesterday that she had been told that all her possessions were
confiscated and that the Chinese used this sentence to justify their
retention of her jewels) and that when the subject is next raised the
Consular Department say formally confirm that such a sentence was passed
according to the legal process. Although, then, we would like to get our
word in before this happens, it may be that we shall be fereed to adopt
the more defensive approach from grounds of "humanitarian
consideration", thus putting Mrs. Martin's case on a par with Walain's.
If this

H. Ll. Davios, Esq.,

PEKING,

CONFIDI

/were

CONFIDENTIAL

were inevitable, Hru, Martin would not find it too unpalatable, whilst
we would regard it as a bonus (and I said as much to Jansen, Mrs.
Kartin's nephew) if the Chinese were prepared to part with a single
stens,

to:

C. J. Howells, Esq., Tond Rols

(P. J. Roberts)

[

[

(F18281) DL. 391599 1,300u 2/69 H".

NOTHING TO BE WRITTEN IN THIS MARGIN

FEZ

Registry 14/1

No.

JURITY CLASSIFICATION

Top Secret.

Safet

Confidential.

Restpcted.

Undasutied,

PRIVACY MARKING

...............------------- IT---------

DRAFT

lelte

Type 1 +

+

To:-

Hill.

H. Ll. Davies Esq

દર્

PEKING

In Confidence

ce.

From

Telephone No. & Ext.

Department

W

Howells, Hongkong

Mrs. Martin's Property

Mrs Martin herself

yotarday

see no just after an

253

L

had been

telegram us.

respatched. She

displayed that buoyant style we had

accounts by

expect from reading the

Howells and Michael

Wilford. She chatted happily

to lan

Stevensa about the old days

in Shanghai

2.

We had asked her whethe

She could let us have

kurmei

important

OLKA

items

1

inventory of the her propały in

Shanghai

,

and she duly brought

I enclose a

Strack

of many

typed copy.

and she.

no doubt

You will

as were we, by the inclusion

Chinese Jems

مسهل

Gently printed out to

and are

be

he that even

had she left

China in the most

favourande

walde circumstance

it is

highly unlikely that she would have

been allowed

to export

these

Whilst therefore, we would

antiques.

on

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