Papers relating to the foreign relations of the United States, Japan, 1931–1941, Volume I

793.94/15798

The Japanese Ministry for Foreign Affairs to the American Embassy in Japan⁸

undated

Pro Memoria

The exclusion of the Hanoi Yunnan Railway from any claim to neutrality in the event of war between China and any other power was established in 1903 when an agreement was concluded between France and China with regard to the laying and operation of that railway. At the present time the Chiang régime^8a is employing the railway as an important route for the supply of arms, ammunition and other military commodities, and, therefore, the Imperial forces may properly take such military measures against the railway as they deem necessary.

The American Government refers in the pro memoria dated January 31 to injury to American trading rights in China and to the danger to the lives of American citizens engaged in American commerce with China which will be caused by bombing of the railway, and observes that, if such bombing continues, it will be obliged to add the dangers to which American citizens are exposed and the injury which may be done to American rights as a result of the actions of the Japanese forces in China. As a part of the military operations which are developing on a large scale in China, the Imperial forces are taking proper military measures against the transportation of military supplies over the Hanoi Yunnan Railway; consequently, although it is regretted that the lives of American nationals and American commerce are exposed to danger, the circumstances are unavoidable. In view of the legal position above stated, it is believed that the American Government will appreciate the view of the Japanese Government that the question of assumption of responsibility by the latter Government does not arise.

Reference is made in the above-mentioned pro memoria to the assurances of the Japanese Government that it will respect the interests of third parties in China. It is to be added that although there is no change in the policy of the Japanese Government to respect such interests, such assurances are not to be interpreted as limiting in any way proper military action on the part of the Imperial forces.

8. Handed on March 6, 1940, by the Director of the American Bureau of the Japanese Foreign Office (Yoshizawa) to the Counselor of the American Embassy in Japan (Dooman).
9. Generalissimo Chiang Kai-shek again became Chinese premier (President of the Executive Yuan) in November 1939.