I have the honour on instructions from His Majesty's Government in the United Kingdom to address Your Excellency on the subject of attacks made by Japanese aircraft and land forces on British warships and merchant shipping at Wuhu and near Nanking on 12th December. These incidents clearly raise grave issues.
2\. At Wuhu a British tug which had conveyed from Nanking His Majesty's Consul, the British Military Attaché and the Flag-Captain to the British Rear-Admiral, Yangtze, was attacked by Japanese machine-gun fire after transferring these officers to H.M.S. Ladybird. The latter proceeded to join the tug in order to protect her, when she observed a Japanese field gun battery firing on merchant ships concentrated above the Asiatic Petroleum Company's installation. Firing continued and was directed at H.M.S. Ladybird herself.
3\. There were four direct hits on this vessel: one naval rating was killed, another was seriously wounded and there were several minor casualties including the Flag-Captain. A direct hit was also seen to be sustained by the British merchant ships at Suiwo. H.M.S. Bee then arrived on the scene and was also fired on by the shore battery. The Commander of H.M.S. Bee landed to protest and was informed by Colonel Hashimoto, the senior Japanese military officer then at Wuhu, that firing on warships was due to a mistake but that he had orders to fire on every ship on the river. At a later interview the same officer stated categorically that if any ships moved on the river they would be fired on and, despite protests, H.M.S. Bee and Ladybird after berthing remained covered by guns at point-blank range.
4\. Near Hsia San-shan above Nanking where British merchant ships were concentrated in a part of the river previously designated by the Japanese Commander-in-Chief as a safety-zone, three separate bombing attacks were made by Japanese aircraft on them and on H. M. ships Cricket and Scarab which were with them.
5\. His Majesty's Government has now been glad to receive Your Excellency's note of the 14th December offering the profound apology of the Imperial Japanese Government for the attacks on His Majesty's Ships, stating that measures were immediately taken to prevent the recurrence of such incidents and adding that it will deal suitably with those responsible and pay the necessary compensation.
6\. His Majesty's Government observes that Your Excellency's note makes no mention of the attacks on British merchant vessels and I am instructed to request that an assurance may be given that all that is said in that note applies equally to these attacks.
7\. His Majesty's Government takes particular note of the statement that those responsible will be suitably dealt with. Adequate punishment of those responsible for the particular attacks under discussion seems indeed to His Majesty's Government to be the only method by which further outrages can be prevented.
8\. His Majesty's Government cannot but recall the previous incidents in which the Japanese Government has expressed regret for attacks made on British nationals and property and has given assurances that adequate steps had been taken to prevent any repetition. They call to mind the attack made on His Majesty's Ambassador to China while travelling by road from Nanking to Shanghai, the subsequent attack on motorcars conveying British officials on a similar journey, the attacks on British civilians and military posts on the defence perimeter at Shanghai, as well as other incidents, and the repeated assurances of the Japanese Government of its intention fully to respect the interests of third Powers in the present conflict with China. It is clear that the steps hitherto taken by the Japanese Government to prevent such attacks have so far failed in this purpose and His Majesty's Government must now ask to be informed that measures have actually been taken of a character which will put a definite stop to the incidents of which it complains.