793.94/5822
The Chinese Ministry of Foreign Affairs to the Chinese Legation50
The following is the translation of the note sent by Foreign Minister Lo Wen-kan on January 22 replying to the note of Mr. Ariyoshi51 of January 11: [Page 126]
“With reference to your note of January 11 concerning the Shanhaikwan affair, I have the honor to inform you that, in the interest of veracity the Chinese Government has made another investigation of the circumstances surrounding it and has found them to be truly as follows:
“‘In the morning of January 1, the Japanese forces were reported making warlike preparations and troop movements were observed on the Peiping-Liaoning Railway beyond Shanhaikwan. At 1:00 p.m. on the same day, explosions and rifle shots were heard beyond the South Gate. They were found to have originated from the Japanese soldiers themselves. Afterwards, they began to fire on the Chinese sentinels posted outside of the South Gate, thereupon they were later withdrawn into the city. The Japanese soldiers then pressed in further and opened fire at the city gate. At this point the Chinese garrison sent its Staff Secretary, Mr. Chen, to the headquarters of the Japanese forces to inquire into the cause of the disturbances. Instead of giving a satisfactory reply, the Japanese actually charged the Chinese soldiers with the responsibility for the trouble. In the night of the same day, Japanese soldiers advanced onto the South Gate while Japanese armored and troop trains stood by outside the railway station. At 2:00 a.m. the next morning, the Japanese headquarters presented a set of unreasonable demands of which immediate acceptance was required under threat of an attack in case of non-compliance. These demands were rejected. In the meantime, Japanese soldiers had already placed Mr. Ma, the chief police officer of the Bureau of Public Safety at the South Gate, under detention. At 10:00 a.m. the Japanese began their concerted attack with land, naval and air forces. In the afternoon of January 3, they occupied the city of Shanhaikwan. These are the facts of the case and there was no agreement of any kind between the Chinese and the Japanese troops.’
“On the basis of the facts as outlined above, it can readily be gathered that the initial explosions and rifle shots were undoubtedly of Japanese origin. It is also unquestionably clear that there is nothing whatever to justify or support the allegation that an agreement had existed between the local Chinese garrison and the Japanese forces.
“It is to be noted that the city of Shanhaikwan is not an open trade port and, in principle, the Japanese nationals have no right to reside there. Even granting that the Japanese nationals, in disregard of treaty provisions, have taken up residence in that city, the matter of protection should only be the concern of local Chinese authorities. It is not for the Japanese military to usurp or interfere with the exercise of such rights. Moreover, by misusing the so-called jurisdiction as a pretext to mass large numbers of troops and attack Chinese territory, Japan has irrevocably placed herself beyond right and reason.
[Page 127]“In short, the attack on and the occupation of the city of Shanhaikwan beginning with the deliberate work of destruction by the Japanese troops themselves and followed by false accusations of provocation on the part of the Chinese soldiers in order to disguise the pre-conceived nature of their plan only revealed the customary Japanese tricks which have become well-known to the world. All responsibility appertaining to this affair, therefore, should be borne entirely by the Japanese.
“With further reference to your note under reply, I have the honor to point out that the assertions made therein can hardly be admitted as facts. Besides, Japanese troops, since their occupation of Shanhaikwan, have subsequently attacked the Chinese forces at Chiumenkow and Shimentsai, thus threatening the safety and peace hitherto prevailing inside the Great Wall. They have, in addition, often paraded and carried out manoeuvres in the densely populated sections in Peiping and elsewhere. All such actions constitute violations of the principles of international law and the provisions of the international treaties to which reference has repeatedly been made by the Chinese Government. Even in regard to the engagements contained in the Protocol signed by China and the powers in 1901, Japan has spared no effort to disregard and violate them. In view of these circumstances, the Chinese Government is constrained to take this opportunity to file a further protest.
“Finally, I have the honor to request Your Excellency to communicate to your Government requesting immediate action in respect to the points contained in the last paragraph of my note of January 4, namely: the immediate withdrawal of Japanese troops from the occupied areas at and near Shanhaikwan, the prevention of similar occurrences in the future, and the punishment of those who started the trouble; and also in respect to the unlawful activities of the Japanese soldiers stationed in Peiping and elsewhere which your Government should take steps to restrain.”