Concerning the incidents that occurred on December 12th in which Japanese forces attacked British men-of-war and merchant vessels by mistake, I had the honour to address a Note under date of the 14th instant tendering the profound apology of the Japanese
Government, and stating that it had taken the necessary steps to prevent the recurrence of similar incidents, and that it would deal properly with those responsible and also defray the necessary compensation. Your Excellency sent a Note in reply under date of the 16th instant, in which Your Excellency, after describing the circumstances surrounding the incident, stated (1) that the British Government was glad to receive my Note of the 14th mentioned above, (2) that it requested an assurance that the contents of my Note would apply to the attacks upon the British merchant vessels, (3) that it took particular note of the point that those responsible would be suitably dealt with, and (4) that it desired to be informed that measures had been actually taken of a character which would put a definite stop to incidents of such a kind. I hastened to assure Your Excellency immediately in my Note of the 17th instant that what I had said in my Note of the 14th would, of course, apply to the British merchant vessels that had been attacked under such circumstances.
Upon the occurrence of the present incident the Japanese Government did its best to ascertain the facts in the case; but unfortunately, for various reasons, such as the wide separation of the units concerned which was consequent upon the progress of military operations, and the inadequacy of means of communication, the completion of the investigation has been delayed. We have at length received a full report covering all aspects of the incidents, of which the principal points have already been explained by our military and naval authorities to members of Your Excellency's Embassy. As Your Excellency must have gathered from this report, the present incidents were, in each case, due to the fact that our armed forces concerned had assumed that under the circumstances which prevailed at the time all foreign warships and vessels had sought refuge from the theatres of battle and from their vicinity, and that there could be no other vessels left in those localities other than those of an inimical character, and also to the fact that just then, owing to the thick fog or haze, visibility was extremely poor. There is no room for doubt as to the fact that our forces never attacked those vessels intentionally, knowing them to be of British nationality. This is clearly apparent in the light of the one fact alone that our naval air squadrons and military units ceased firing the instant they discovered the nationality of the ships, and that our soldiers gave assistance in taking care of the dead and wounded of the Ladybird.
As regards the assertion advanced to the effect that our military commander concerned spoke of having received an order to fire upon all vessels on the Yangtze, the Japanese Government has, with
special concern, investigated the matter. It has been established that the alleged order applied only to all vessels used for military purposes by the enemy, and was never intended to apply to the vessels of third Powers.
I desire to add that misunderstandings of this nature that have arisen in connection with the conversation between Rear-Admiral Holt and the commander of the Japanese force then at Wuhu are traceable to difficulties in language.
As regards the matter of an apology on behalf of the Japanese Government and compensation, it is only necessary to reaffirm that which I have stated in my previous Note. As for the treatment of those responsible, although it has been established that the incidents were entirely due to a mistake, the Japanese Government, in order to insure against all possibility of similar mistakes, have dealt properly according to law with all those of the Army including the commander of the force and all those of the Navy including the commander of the flying force, who were responsible for the incidents, on the ground that they failed to take the fullest measures of precaution.
Finally, as regards the guarantee for the future, the higher Commanding officer of the Army and the Navy issued, immediately after the incidents, strict orders to the forces under their command not to attack any vessels on the Yangtze unless they have been fully identified as those used for military purposes by Chinese. The naval authorities have also given strict orders to guard against a repetition of such mistakes by exercising the greatest caution in every area where vessels of Great Britain and other third Powers are found, even if such caution may entail the risk of abandoning attacks upon the opposing forces. Also, both the military, naval and diplomatic authorities on the spot have, in view of the present untoward incidents, renewed the rigid instructions which had been repeatedly given to safeguard life and property in the case of third Powers. The Japanese Government is studying and expects to carry out every possible means of realizing the above aims. For example, it intends to ascertain, in still closer cooperation with the British authorities, the whereabouts of British nationals and interests, and to communicate intelligence thereof to the authorities on the spot and also to subordinate units. They have taken steps to improve the facilities of communication for the speedy and effective transmission of orders.
The Japanese Government has taken all measures enumerated above in its sincere desire to render more effective and certain the guarantee for the rights and interests of Great Britain and other
third Powers, and I earnestly hope that this will be appreciated by the British Government.