793.94/10902: Telegram

The Consul at Hong Kong (Donovan) to the Secretary of State

Referring to my September 30, 7 p.m., and October 9, 4 p.m.24 regarding activities of Japanese submarines near Hong Kong, although the Commission appointed by the Hong Kong Government to investigate the recent sinking of fishing junks by naval gunfire at Cheelong Light near Hong Kong has not as yet announced its findings, I have been informed by Sir Athoel MacGregor, Chief Justice of Hong Kong and Chairman of the Commission, that the Commission has found “that the sinking was caused by the barbarous, wanton, and unprovoked attack of a Japanese submarine”. The Chairman further stated that the testimony of a British naval officer who appeared as an expert witness, but who had not actually seen the submarine, was very important factor in the Commission’s findings with respect to the nationality of the submarine.

The Japanese Consul General declined to participate in the investigation in any capacity. The Portuguese Consul sat as an observer. All sessions of the Commission were public and conducted on judicial lines with strict regard to the laws of evidence.

[Page 471]

The Commission’s report will not be made public for another 10 days but it is probable that an advance copy will be supplied to this office for transmission to the Department.

Repeated to Tokyo, London, Nanking.

Donovan
  1. Neither printed.