HC Deb 07 September 1939 vol 351 cc570-2
9. Mr. Mander

asked the Prime Minister whether he has any statement to make with reference to the general position in the Far East and with regard to the four Chinese subjects at Tientsin, in connection with whom proceedings for a writ of habeas corpus have taken place?

Mr. Butler

Actual hostilities in the Far East during recent months have been on a very restricted scale, though operations of some importance appear to have been in progress since the beginning of May between Soviet-Mongolian and Japanese-Manchurian troops on the north-west frontier of Manchuria. In an aide-mémoire addressed on 5th September to the representatives in Tokyo of Great Britain, France, Poland and Germany, the Japanese Government have stated that they intend to concentrate their efforts on the settlement of their dispute with China. This communication goes on to say that the Japanese Government will be prepared to do their utmost to protect the lives and property of the nationals of belligerent Powers, should the latter decide to withdraw the armed forces, naval and military, which they at present maintain in those parts of China in Japanese occupation.

The conversations which His Majesty's Ambassador at Tokyo has been conducting on the subject of Tientsin are for the moment in suspense. His Majesty's Government have, however, made it clear that they are not only willing but anxious to continue the conversations in the hope that agreement may yet be reached on all outstanding points. Meanwhile the situation at Tientsin is unchanged except in so far that it has been more complicated by floods. As regards the four Chinese nationals accused in connection with the murder of a Chinese official at Tientsin last April, His Majesty's Government have decided that, having regard to the decision of the High Court in London and to the notification previously made to the Chinese and Japanese Governments, these men could no longer be detained by the British authorities at Tientsin. Appropriate instructions were accordingly sent some days ago to His Majesty's Consul-General and the men have been handed over to the officials of the local Chinese court.

Mr. Mander

In view of the fact that there is an appeal pending in respect of the four Chinese persons in the court at Tientsin and the wider court at Shanghai, does not the right hon. Gentleman think that they should not have been surrendered until the court had given a decision?

Mr. Butler

I cannot accept the position as stated by the hon. Member, but I would draw his attention to the High Court's decision, to which I directed attention in my answer, which proceeded on the basis that a writ of habeas corpus cannot be issued in respect of foreigners detained in a foreign country.

Mr. Mander

May I ask whether any consideration has been given to the alleged confessions of two Chinese in respect of these events?

Mr. Butler

I think every relevant fact has been taken into consideration.

Mr. Dingle Foot

Can the right hon. Gentleman say whether or not it is a fact that notice of appeal has been lodged?

Mr. Butler

I understand that is not so.

Mr. Pritt

Is not the right hon. Gentleman aware that new proceedings for habeas corpus can not only be lodged, but were returnable for hearing either yesterday or to-day, and, if that be so, is it not very improper to surrender the men when legal proceedings with regard to them are pending?

Mr. Butler

The hon. and learned Gentleman may rest assured that in this matter, in which many technical legal considerations are involved, His Majesty's Government have taken the best legal advice available. They have been advised that the decision of the High Court is the one by which they should be guided.

Mr. Pritt

Does not the right hon. Gentleman realise that the decision of the High Court here could not possibly bar or affect in any way proceedings in a court out there? Ought not the Government to look into the matter again?

Mr. Butler

I can only give the House the decision taken by the Government, which is in the light of the highest legal advice given to them and based on the original decision of the High Court here.

Mr. Davidson

Can this be the Government's price for Japanese friendship?