?
No. 277
(F 1854/51/10).
Confidential
FOREIGN OFFICE, S.V.I.
18th March, 1940,
1*3 APR 40 J
»•
My Lord Marquess,
A member of the French Embassy in London stated in
conversation at this department on the 13th March that
the French Government had received from their Ambassador
at Tokyo the text of the memorandum handed by the Japanese
Government to the United States Ambassador in reply to his
representations against the bombing of the Yunnan railway
(see Your Lordship's telegram No. 192 of the 10th February
last).
2,     In this memorandum the Japanese Government began
by stating that when the agreement relating to the
construction of the Yunnan railway was signed in 1903 by
the French and Chinese Governments, it v/as laid down that
the railway could not claim neutrality in case of war
between China and a third Power.     This justified the
Japanese in attacking the railway in present conditions.
In reply to the United States Government's protests against
damage to United States life and property, the Japanese
Government must point out that war was in progress in China
on a large scale and it was natural that the Japanese
forces should take steps to prevent supplies from reaching
their enemy from Hanoi.     Although the Japanese Government
much regretted the losses suffered by United States
citizens, this was inevitable in view of the juridical
position/
His Excellency
The Most Honourable
The Marque66 of Lothian, C.H.,
etc¦,     etc.,     etc. ,
Washington.
position described above.
3. The memorandum concludes by saying that the
Japanese Government's attitude as regards their undertaking
to respect the rights of third parties had not changed in
any way;    but it must be understood that respect for such
rights in no way limited the military action of the Japanese
forces-
4. In communicating a copy of this document to M.
^rsene Kenry, Mr. Grew had expressed some surprise at the
line taken by the Japanese Government.     He thought that the
State Department would wish to point out the curious
contradiction between the juridical position now taken up
and the fact that no state of war existed between Japan and
China.
5. A copy of this despatch is being sent to His
Majesty's Ambassadors at Shanghai and at Tokyo.
I am, with great truth and respect,
My Lord Marquess,
Your Lxcellency's obedient Servant,
(For the Secretary of State)