SHOOTING OF AMBASSADOR

Hawke's Bay Herald-Tribune, Issue 191, 30 August 1937, Page 5

SHOOTING OF AMBASSADOR

— Press Press Association-

Britain Demands Punishment of Culprits > \ "ATTACK WAS UNJUSTIFIABLE" \

(By T'elegraph-

-Copyriglit) .

(Received 30, 9.15 a.m.) LONDON, Aug. 29. An official British Note to Japan requests a formal apology for the wounding of the British Ambassador, Sir Hughe KnatchbullHugessen, suitable punishment for the culprits and an assurance against a reeurrence of similar incidents. The Note, after recounting the facts of the shooting, states that the British Goyernment received with deep distress and concern the news of this deplorable event, in respect of which it must record an emphatic protest and request full redress. It adds that the facts make clear that it was not an accident resulting from a normal hostile operation and that it should have been obvious to aircraft that they were dealing with non-combatants. "The plea, if it were made, that the fiags carried were oversmall to be visihle is irrelevant, and the attack was unjustifiable even if the car had carried no flags at all. The real issue is that the occupants of the car were non-cambatants, " adds the Note. "The aircraft doubtless did not intend to attack the Ambassador as such, though apparently they did t intend to attack noncombatants, which in itself is illegal. The faet that no actual state of war has been declared or has been expressly recognised by either party to exist emphasises the inexcusable nature of the occurrence." A Shanghai message says that Sir Hughe had a good night. The pain lias diminished, and he is able now to read newspapers.

In detailing tbe facts of the attack, the British Note says: "The party occupied two black saloon cars, obviously of a private character. Each was flying a Union Jack measuring eight by twelve inches. Forty miles from Shanghai the cars were attaeked by mackinegun from a Japanese aeroplane which dived from. the off side of the car. This was followed by a bomb attack from a second Japanese aeroplane at a heiglifc of two feet. The Ambassador was hit by a bullet found embedded in tbe car, and which penetrated the side of his abdomen and grazed his spine." x After recording the protest and requesting redress, the Note continues: ' ' Although non-combatants, including foreigners, resident in the country coneerned must accept the inevitable risk of injury resulting indirectly from the normal obnduct of hostilities, it is ono of the oldest-establishe^. rules of international law that direct or deliberate attack on non-combatants is absolutely prohibited, whether inside or outside the area iri which hostilities are taking place. Aircraft are in no way exempt from this rule; nor can the plea of accident be accepted where the facts show .at best negligent and complete disregard of the sanctity of civil life. "The facts in the present case make it clear that this was not an accident resulting from a normal hostle operation, and it should be obvious to the aircraft they were dealing with non-com-batants. The Note, after referring to the flags, proceeds: "The foreign, even diplomatie, status of the occupants in the car also is irrevelant. " After reference t'o the illegality of the attack, the Note continues: "The

Ambassador was travelling in a locality where there were no Chinese troops nor actual hostilities Nin progress. "His Majesty's Government feels that it must take this opportunity to emphasise the wider significance of this event. Tt is an outstanding example of the results that can he - expected frqm indiscriminate air attack. Such events are inseparahle from the practicea — s illegal aS it is inhuman — of failing to draw the clear distinction between combatants in the conduct of hostilities which international law no less than the consicence of mankind always enjoined." The British Note was not telegraplied to the Charge d'Affaires xat Tokio until every detail of ' the shooting liad been carefully checked and re-checked by Embassy officials in China, who telegraphed their report to Loudon. Mr Neville Chamberlain and Mr Anthony Eden were in close teleplione contact with the Foreign Office during the drafting of the Note. The Commander-in-Chief of the China Station, Sir Cliar'les Little, telegraphed the Admiralty stigmatising as a complete fabrication a statement attributed to him by a Japanese news agency that the Ambassador's imprudence had brought on the shooting. 4 A Tokio message reports that the British Charge d'Affaires, Mr Uodds, handed tlie British Note to Mr Koki Hirota, Japanese Foreign Minister, who said that the incident was under joint British and Japanese investigation a Shanghai. A communique would. be issued when the l'acts were clear.