793.94/12620
The Japanese Minister for Foreign Affairs (Hirota) to the American Ambassador in Japan (Grew)
Excellency: I have the honor to state that in the present incident in spite of the fact that the Imperial Army in its policy of respecting to the utmost the lives and property of third countries in China has from the beginning exerted the fullest efforts, it is regretted that there have been instances where the property of nationals of third countries suffered incidental damages to some degree during the fighting between the Japanese and Chinese armies owing to the inability to [Page 584] discern the location of property or the lack of distinguishing marks or the use of the above-mentioned property for military purposes.
While the policy of the Imperial armies with respect to the protection of the lives and property of nationals of third countries in China is unchanged, in view of the recent illegal methods of warfare employed by the Chinese Army following the extension of the sphere of fighting operations between the Japanese and Chinese armies there have been attendant cases of misuse of the flags of third countries, and in order to provide greater facilities to commanders on the spot in the protection of lives and property of nationals of Your Excellency’s country it is respectfully requested that you inform Americans or administrators of American property outside the zones now occupied by the Imperial forces, to wit, (1) the district south of Tsingtao, Yenchow, Taming, Changteh, and Taiyuan lines (excluding those cities and towns) to the Yangtze River, particularly the lines of the Lunghai Railway, Tientsin-Pukow Railway, and the Peiping-Hankow Railway; (2) the districts along the Yangtze River; (3) the districts along the Canton-Hong Kong Railway; and (4) in various ports on the eastern China Sea and on the South China seacoast to carry out the following provisions: (a) in addition to setting up horizontal beacons clearly discernible from high altitudes to set up large vertical beacons clearly discernible from a great distance on the ground; (b) to define by street maps if possible the exact location of the above-mentioned property and to transmit this, together with the designs of such beacons without delay to the nearest Imperial Army authorities, or to the nearest Japanese Embassy or Consulate; (c) not to permit Chinese armies to station themselves in the vicinity of such property or to set up military establishments there; (d) not to permit the use of the above-mentioned beacons by Chinese armies; (e) to communicate at the earliest opportunity with the nearest Imperial Army authorities or with the nearest Japanese Embassy or Consulate in case of damage occurring. With respect to (b) above, in those cases where it is difficult to communicate the exact location of property and the designs of beacons to the nearest Imperial Army authorities or the nearest Embassy or Consulate, it is requested that Your Excellency so far as possible report this information to the Foreign Office.
It is believed, aside from the foregoing, if the nationals of Your Excellency’s country residing in areas where fighting is going on between the Japanese and Chinese armies would take refuge beforehand in safety zones this, together with the fullest care on the part of the Imperial armies, would contribute greatly to the prevention of unfortunate incidents.
I avail myself [etc.]