FCO 21/687 Detention of British subjects in China Mrs Constance Martin and Mr William McBain

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(Part. A...............)

TITLE: DETENTION OF BRITISH SUBJECTS

•IN CHINA MRS CONSTANCE MARTIN

REFER TO

MR. WILLIAM MCBAIN

NAME

TO

DATE

(and dept, where necessary) SEE:

REFER TO

NAME

TO

(and dept, where necessary) SEE:

 

REFER TO

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TO

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DATE

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...A

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TITLE:

(Part A)

DETENTION OF BRITISH SUBJECTS IN CHINA

MRS CONSTANCE MARTIN

REFER TO

NAME

TO

DATE

(and dept. when necessary) SEE:

LA LA

RM7

ни

R

TR

1!

2-w

MS WILLuan Me BAIN....

REFER TO

NAME

REFER TO

TO

NAME

TO

DATE

DATE

(and dept when necessary)

SEE:

(and dept. when necessary) SEE:

2/2 Mar. Appleyard

23-34; 29 Mr Wilson

In Appleyard .39

for wilfm

IR PA? CH

L1

W. Lambert [min

IS

FCO 21/688

JALY

23)

H. Bromugu F.E.D.

VALM

K+

Wit

U

CLOSED

UNTIL

3/10/22

[A PA?[0-623-4 Weeded

PR.

M. Mar (again) 62

294

dir

Mr Robes

30.4

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TO BE RETAINED AS TOP ENCLOSURE

Cabinet Documents

Folio

No.

36

Reference

~~(20) 9th meeting

(ze) quh

·

Date

19·2·70

The above-listed Cabinet document(s), which was/were enclosed on this file, has/have been removed and destroyed.

For completa series of Cabinet documents see CAB (CABINET OFFICE) CLASSES

Signed

-Magrit Shalivell

Date 23:12-99

CONFIDENTIAL

Z

11/5

Resubmit to his

good.

Office of the British

Chargé d'Affaires,

Enter

This seems revathle

I have as you a free?

Peking.

13 July, 1970.

Mr. Stevenon 23 2317 WAppeey1 2/2.

Dean Roberts, Mr. Magan Yes M

277

As foreshadowed in our telegram No. 253 I called on Consular Department on 9 July with Christopher Hum We had by this time received your letter of 2 July. I enclose a record of the meeting together with the speaking notes which I followed closely.

2. For what it is worth, I had the impression that Kuan himself thought our requests not unreasonable, and was at some pains to assure us that the Shanghai authorities would give them proper consideration. We have once or twice in the past possibly tended to base too much hope on such innuendo from Consular Department, who presumably find the Shanghai authorities as unpredictable as we do, but this interview did leave me somewhat more optimistic than I had been before about the prospect of getting at least something back for Mrs. Martin and Mr. MacBain. The point about being able to find the medals is a new one, and suggests to me that Kuan had already heard from Shanghai that some difficulty was being experienced.

ཉ་

I think on the whole it is probably best to give Consular Department a good margin of time in which to pursue this.

If you agree, I will leave the matter for two or three weeks, and then make a further enquiry by telephone.

3. I am sending a copy of this letter and enclosures to Chris Howells in Hong Kong.

Your

even,

LAST PAPER

P.J. Roberts, Esq.,

Far Eastern Department,

спуставнона

(A. C. Galsworthy)

Foreign and Commonwealth Office.

letterlo issue.

zje.

Pieme bly Immat

imish

CONFIDENTIAL

83

Record of seeting between Acting Consul and Consular

Department on 9 July

Hr. Galsworthy thanked Mr. Kuan for arraning a mesting so promptly. He then spoke as in his notes. With regard to Mrs. Martin's property, he added that while he had drawn the attention of Consular Department to specific items on the list, he naturally hoped it would be; possible for all the property to be returned to her. He asked whether Mr. Kuan had any news of Mrs. Martin's property or of Mr. MacBain's medals. He handed Mrs. Martin's list to Mr. Kuan,

=

Mr. Kuan recalled that he had discussed Mrs. Martin's property with Hr. Davies at the previous meeting. He had conveyed Mr. Davies' requests to the authorities in Jhanghai, and he believed they would deal with these quickly. These matters were now in the hands of the local authorities and he was sure they would give the requests consideration.

He undertook to convey the new points raised tâ the Shanghai authorities. On the question of fir. Maokain's property, he had already discussed this with Mr. Davies. He had taken note of the point about the medals and already passed it on to the Shanghai authorities. He believed

they would give consideration to the return of the medals, if they could be found. He undertook to transmit Mr. Galsworthy's requests to the Shanghai authorities.

Mr. Galsworthy undertook to prepare a Chinese translation of the list of hre, Kartin's belongings and send it to Consular Department.

ing notes for interica i41

9 July

Mrs. Martin's property

J

rt wit

Mrs. Connie Martin has (again) approached the Foreign and Commonwealth Office in London to request further help on the question of her property which she left behind in Shanghai. She has given us a list of the more important items: I would like to pass a copy of this list to the Consular Department and to request that they should pass this on to the responsible authorities in Shanghai in case it asy be of some help in dealing with the question. Consular Department will understand that, since this is a list made from Mrs. Martin's nemory, it is not necessarily complete, but it does contain the important items.

I would like at the same time to draw the attention of

the Consular Department to one or two items on the list: (1) The first one is Mrs. Martin's jewellery. Mr. Davies mentioned this to Consular Department in his interview of

7 Kay.

You will see that the first three items on the list

were taken from Mrs, Hartin in gaol, and, according to her, the authorities at the time promised that they would be returned. Two of them are Mrs. Martin's wedding ring and her engagement ring. I think Consular Department will appreciate the personal significance which these items hold for Mrs. Martin, and I would be grateful if special consideration could mjuɔ given to then.

(11) The second is sshes, Mrs. Martin refers to an urn containing her mother's and father's ashes and also to two others, one containing the ashes of Mrs. Jessie Bryden which Mrs. Martin hopes can be put in the Tsingpao Crematorium and one containing those of a Mr. Thomson which Mrs. Martin states belongs to a friend of hers in Londen. Jon sul ar Department will I think slso appreciate the value of these particular items to Mrs. Martin, and I would like to ask that particular attention might also be given to their return to her. They are of course of no value to anyone else.

In connection with this, may I remind Consular Department of the request put to then by Mr. Davies on 10 June asking whether the Shanghai authorities would consider the return of Mr. MoBain's war medals. We have since beard from him that when he was taken to prison be was wearing a personal signet ring and a watch. Could I also ask for consideration to be given to the return of these personal items to Mr. MacBain.

If Mr. Kuan tells us that Mrs. Martin's property has been confiscated. With regard to the confiscation of these goods I should like to reserve the position of the British Government. at the same time I would like to make a special request to the responsible authorities for consideration to be given to the return to Mrs. Martin of her personal jewellery and the ashes, which have such a special sentimental value to her, and which would assist in making happy the last years of an old lady. I make this request for the same reasons that Mr. Davies made the request of which I have spoken with regard to the medals belonging to Mr. MacBain. Could I also ask Jonsular Department if they would be willing to provide a stateamt of the sentence against Mrs. Martín, including the reasons given for the confiscation of her property. You will remember that you provided us with such a atatement in the osse of Mr. MacBain,

(NA used)

Yu

13/7.

CONFIDENTIAL

aéjain Mr Rolete to

lets to see

(84)

Mr.X. Applevape

Tops.pe. 1419

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Mr. William McBain and Wollers

Mr. William HeBain was an employee of Mollers in Shanghai. In October, 1969 he was arrested by the Chinese. Mollers' previous dealings with the Chinese

had been an unhappy series of requisitions and court cases. In trying to discover the reasons for McBain's

arrest, it is necessary to know not only the charges against him, but also those formerly brought against Mollers, to see if there is any connection. Finally, KcBain's own position in Mollers needs to be clarified.

Charges against Wollers

2. Messrs. Mollers is divided into the following

companies :

a. Mollers' Shipbuilding & Engineering forks Ltd. b. Mollers' Lande Ltd.

c. Shanghai Dockyards Ltd.

d. Mollers' (China) Ltd. (Chinese Company)

e. Moller Line (U.K.) Ltd.

f. Mollers' (Insurance) Ltd.

3. On 15 August 1952, on the orders of Chen Yi, Chairman of the Shanghai Wilitary Affairs Commission, the property of Mollers' Shipbuilding & Engineering Jorks in Shanghai was requisitioned 'for the sake of the public interest of our country'. The order was only read to the company representative, but the full text was given in the local press.(1953/FC1461/6) At the time it as generally thought that the requisition

was in retaliation for a Privy Council decision to

award ownership of certain aircraft to an American- owned company, instead of to the People's Government (1952/FC 1461/20), Legally, the Chinese were within their rights in requisitioning foreign property in the national interest, provided compensation was paid. Of course, no such compensation was ever paid.(1952/FC1461/17

Flag D

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4.

A case was brought against Mollers (China) Ltd by the ex-steward of the 8.8."Joan Moller" in 1951 for the alleged loss of goods when this ship was scuttled by the British in 1941.After appealing against an unfavour- able decision Mollers still had to pay damages when the case was reopened (3 June 1952), although the sum was reduced.(FC 1102/50).

At this time also,both Mollers' Landa and Mollers' Wharves Ltd had difficulty in collecting rentals owing them,

5.

In late 1952 Mollers' (China) Ltd were called to court on behalf of Mollers' Shipbuilding & Engineering Works to answer allegations of slipshod work in repairing a small government vessel, the "Yun Ching". There were

accusations of false returna. Mollers lost the case and had to pay (FC1461/24).

6.

On 4 Jan, 1954, the Woo Tong Shipbuilding Factory, an official department of the Chinese government made substantial demands on Mollers (China) Ltd, claiming a fantastic sum of £400,000,(PC1461/121) Mollers' Director

in a letter dated 6 April 1956 says that the difference of

opinion is attributable to the fact that they contend that

various assets which were transferred to them under the terms of the lease agreement, in consideration of their paying certain liabilities, were subject to the requisition whereas our Principal's contention is that the transfer or

sale was completed prior to the requisition,'

7.

The Chinese also requisitioned Husi Lodge. They offered compensation of £3,815, whereas McBain, then Mollers' agent, valued the property at nearer £100,000! (1956 FC1482/8). In 1957, "ollers' Lands claimed further

compensation for property in Shanghai,

8.

It was clear all along that the Chinese had no intention o. paying compensation. In 1959, the Shanghai Housing and Land Bureau issued a list of vacant properties considered ownerless. Former Mollers' properties were no doubt included (1959 FC1461/30). Finally, in November 1965 McBain was asked by the Chinese to close the Wollers' office in Shanghai. This was subsequently done (1965 FCI 391

/5)

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9.

CONFIDENTIAL Reference.

Peking Telegram of 11 June 1970 reports, in connection with McBain's arrest, that Mollers owe a fine to the Chinese government 'for their offence of illegal dealings in foreign exchange',

Charges against Mr. William McBain

Mr. McBain was arrested on 22-23 October 1969

the Shanghai security authorities. The charge was only vaguely specified as 'for violation of the law'.

2.

by

However, in June 1970, the Chinese finally brought more specific charges, as reported in Peking Telegram of

11 June. These charges were that McBain had :

a.Long carried out espionage activities under cover of

being a British merchant.

b.Committed offences of smuggling and illegal dealings

in foreign exchange.

c. Had not paid the fines for these crimes.

d.Also had illicit relations with Chinese women,

It had therefore 'been decided to deport him and confiscat his property in Shanghai to compensate for the fine which

Vollers owe to the Chinese government for their offence of illegal dealings in foreign exchange,'

Yr. McBain's connection with Mollers

Mollers themselves have apparently been trying to

make out that Wr. McBain was not connected with them. I

shall simply set out the pertinent information from the

files, which can, I think, allow of only one conclusión,

2. There are, unfortunately, no references to McBain in letters from Mollers' head offices in London, or in

Hong Kong.

3. There are five letters for Mollers' (China) Ltd. in Shanghai signed 'W.R. McBain / Manager.' They are:

a. 31 December 1953 To Woo Tung Shipbuilding. Factory

Gives details of requisitioned property with

figures, and asks for the Chinese valuation, b. 6 January 1954: To Mollers' (China) Ltd, Kanagement & Mollers' Ltd, Hong Kong, Secretarial : Details of

meetings with Chinese on inventory and accounts,

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3. cont.

c. 12 January 1954: To Woo Tung Shipbuilding Factory.

On differ nces over valuation of lease.

d. 2 February 1954: To Mollers' Ltd, Management &

Secretarial. On inventories of Assets & accounts between

Woo Tung Factory and Mollers,

e. 15 February 1954: To Shanghai Military Control

Commission. On inventories of requisitioned Vollers' Shipbuilding & Engineering Works,

It may be noted that there is no difference in the lay out, and in particular, the typed signature and office, between the letters of Mr. McBain and his predecessor, Captain

N. Penson, whose last letter is dated 10 June, 1953. It is

not unreasonable to assume, therefore, that Mr. McBain must have taken over as manager of Mollers' (China) Ltd.

some time between June and December 1953.

4. There are also records of McBain's meetings with the Chinese, where he appears to be -e the official representat- ive of Mollers;

a. 13 January 1954.Record of interview with official of

the Foreign Affairs Dept, asking for copy of the requisition order.

b. 28 January 1954. Record of meeting with Military Control Commissioner at Woo Tung Factory.(Inventories & Accounts) McBain mentions: 'I gave instructions for making up the present inventories'.

Further, there is a letter from the foo Tung Factory to Mollers' (China) Ltd, which mentions 'details of which have

already been given to your responsible person,Mr McBain.'

Clearly, the Chinese did not doubt that they were dealing

with the legal representative of Mollera.

5.

There are the following references to VcBain in

diplomatic material from Peking, Shanghai and the F.0. : e.Shanghai consulate to Peking: May 4 1954: 'Mr. W.R.

McBain celled on us on March 26 in connection with the

affairs of the last mentioned company (i.e. Mollers' Shipbuilding & Engineering forks) & handed to us the voluminous correspondence,, enclosed herein.(1.e.FCI461/121) Later, a certain lease is mentioned as 'signed by Captain Penson,(Mr. McBain's predecessor) as manager in Shanghai of Mollers (China) Ltd.'

CONSILITIA IReference.

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Flag P

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Flag P

5. cont.

b.Shanghai Consulate to FED, 10 November 1165 :

'I was informed ..by Mr.McBain who represents the interests of Wollers (China) Ltd...'

c.Shanghai to FED, 22 November 1965: 'Mr. McBain is

now well again and back at his office.'

Quite clearly, there was no shadow of suspicion regarding VcBain's standing in diplomatic circles,

6. The possibility still remains that McBain was acting unauthorisedly, and without the knowledge of those in charge of Mollers' afffairs, whether in London or Hong Kong. However, there are numerous referfices which prove that Mollers were fully informed of his activities.

a.McBain (manager) to woo Tung Shipbuilding Factory, 12 January 1954: We have already written to our

Hong Kong Principals for instructions and shall reply to your letter.."

7.

b. Shanghai to FED, September 22 1956 : (Mr McBain) 'points

out one inaccuracy, which we understand he has brought to the attention of Wollers in the UK'. The point at

issue was compensation for Huai lodge, with which problem Vr.M.Watson, Director of Moller Line (U.K.) Ltd was at

that time closely involved,

c.FO to M.Watson, October 23 1956: ' I am to inform you

that Her Majesty's Consul-General in Shanghai has consult

-ed with Mollers' agent.Mr. McBain, and they are agreed that there is no possibility of further negotiation about a price for Husi lodge,' If McBain was uncommecte■

with Wollers it is incredible that such a statement

could have been written to the director without some

query !

d. Shanghai to FED, 10 November, 1965: Regarding the

closure of Mollers' Shanghai office, McBain is mentioned as saying he would consult the firms Hong Kong office.' It continues: 'The reply from the Hong Kong office stated that they would prefer to postpone closure.' Mollers in Hong Kong were therefore fully cognisant of

McBain's activities.

Conclusion

The combined testimony of the above evidence shows that Mr. William McBain was the official representative of Vollers in Shanghai for a long period, and was recomised as such, not only by his employers, but by both the

7. cont.

British and Chinese authorities concerned.

Adambor

(A.P.B. Lambert ) 24 June, 1970

Mr. Lambert

to I have

This note is

proving very useful,

to Jur Allan in

сор

Peking

я над

Mrs Martin, former employer

The Hong Kong Bank in

confined to us

Shanghai,

this week that Molles

had, in fact, been paying for McBain

regular salary right up to the time

of his arrest.

2.

Have HMG

One thought still occurs to me.

evre

had cause

to come to

any position (internally or publicly)

the

Good.

pa jou

рож

167

Chinese dispute

Publicly internally: no.

no.

with Makers ?

on

HMG tried to steer completely clear. Offrittore to Müller claris was "trome not yet opportune for mesentation of claims to Chinese goût."( see 1958

Fo leter May 24th

CONFIDENTIAL

TOP COPY

81

CYPHER CAT A

IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE TELEGRAM NUMBER 267

TO PEKING

8 JULY 1970

(FEC 14/1)

CONFIDENTIAL.

PX

ADDRESSED TO PEKING TELNO 267 OF 8/7 RFI TO HONG KONG.

79

F

1013

YOUR TELNO. 517.

BY ALL MEANS ACT IN THE TERMS YOU PROPOSE.

YOU WILL NOW HAVE SEEN ROBERTS' LETTER OF 2 JULY TO DAVIES BUT

THE FOLLOWING DETAILS MAY BE USEFUL, WHEN, AT THE TIME OF HER ARREST, HER JEWELLERY WAS REMOVED, MRS. MARTIN CLAIMS TO HAVE MADE A REMARK TO THE EFFECT THAT SHE HOPED THE PRISON AUTHORITIES

WOULD TAKE GOOD CARE OF IT. SHE CLAIMS THAT THEY ASSURED HER THAT

SHE NEED NOT WORRY AND THAT SHE WOULD GET IT ALL BACK WHEN SHE LEFT.

2. HOWEVER, WHEN SHE HAD BEEN QUOTE SENTENCED UNQUOTE (HOWELLS" LETTER OF 9 APRIL TO WILSON, PARA. 9) AND WAS LEAVING SHE WAS TOLD, IN REPLY TO HER REQUEST TO HAVE HER JEWELS RETURNED, THAT ALL HER POSSESSIONS HAD BEEN CONFISCATED AND THAT HER JEWELLERY

WAS THEREFORE ALSO CONFISCATED.

DOUGLAS-HOME

DEPARTMENTAL DISTRIBUTION

F.E.D.

CONSULAR D.

CLAIMS D.

H.K.D.

CONFIDENTIAL

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry No.

DEPARTHENT

FEC 14/1

"SUNITY CLASSIFICATION

Confidential

Unclassifed

ок

PRIORITY MARKINGS

(Date)

Flask Immedi

PRIVACY MARKING

In Confulence

En Clair. Gode Cypher

Draft Telegram to:-

No,

PEKING

L'ULL

(Date)

LIJIL

And to:-

267...

• Date and time (G.M.T.) telegram should

reach addressce(s)

------

patched

C

[Security_classification]

any

[ Privacy marking

-if any

[Codeword-if any]

Addressed to

telegram No..

And to

+

1

8/7 repeated for information to

R

CONFIDENTIAL

·

[IMMEDIATE PEKING

(date)

коже

[ROUTINE) HONG KONG

P

IL

÷

Repeat to Нов кома

Saving to:--

Distribution:

fed

Contule

Clains

Hong Kong Deget.

Copies to:-

two Wilford

17552

EXAMENTO

Wo

Saving to

·ILL'

1.- Z

tel. no.

By all means act in the terms you propore

44.

You will now have seen Roberts letter of

2 July to Davies but the following details may be useful. When, at the time of her arrest, her jewellery was removed, Ars. Martin claims to have made a remark to the effect that she hoped the prison authorities would take good care of it. She claims that they assured her that she need not worry and that she would get it all back when she left.

2. However, when she had been quote sentenced unquote (Howells' letter of 9 April to ilson., para.9) and was leaving she was told, in reply to her request to have bur jewels returned, that all her posscssiona had been confiscated and that her jewellery was

therefore also confiscated.

SM

8:

My. Stering

Mc Myby

FEC 14/1

Reference. mnib-----------------------

MO MARTIN'S PROPERTY

Peking telegram no.

517

at Πbelow.

My letter of 2 Inly to Mr. Davies

Fly

(at foris 76)

will only

have reached

Peking

the

day after

Mr. Allan sent

this telegram.

The clause in parenthesis

in paragraph

3

Letter

up my

many not

satisfy Mr. Allan's request for more detail

these promises

therefore

I have there fore

drafted

a

further Felegram, which should

до

'Ammediate!

Wokein 8 87m

Tec

Seat

for despatch 877

Aleynolds

79

TOP COPY

CYPHER/CAT A

PRIORITY PEKING

TELEGRAM NO.517

CONFIDENTIAL

TO FOREIGN AND COMMONWEALTH OFFICE

6 JULY 1970

CONFIDENTIAL.

ADDRESSED TO F C O TELEGRAM NUMBER 517 OF 6 JULY A FITO

HÙNG KÔNG

12

YOUR TELNO 253.

EC 14/1

Draft tel.

yu

to Peking;

Milde,

PR 8 Ti

WE ARE SEEKING INTERVIEW WITH CONSULAR DEPARTMENT BUT I THINK

FOR ACTING CONSUL TO OPENLY TALK OF QUOTE THEFT AND NEGLIGENCE

UNQUOTE AT THIS STAGE WOULD PREVENT CHINESE FROM MAKING ANY

HELPFUL MOVES ON EITHER PERSONAL JEWELLERY OR MRS MAROTIN'S

PROPERTY SINCE IT MIGHT THEN LOOK AS IF THEY WERE RECOGNISING

OUR ALLEGATIONS AS CORRECT. I WOULD THEREFORE PROPOSE THAT IN

TALKING OF THE PERSONAL JEWELLERY ACTING CONSUL SHOULD RESTRICT

HIMSELF TO EXPRESSING CONTINUED ANXIETY AND REFERRING TO THE

PROMISES ON WHICH WE SHOULD BE GRATEFUL FOR FURTHER DETAILS

URGENTLY

MR. ALLAN

DEPARTMENTAL DISTRIBUTION

F.E.D.

CONSULAR DEPT

CLAIMS DEI A

H.K.D.

CONFIDENTIAL

+

(FEC 14/1)

Far Eastern Department

6 July, 1970

18

.e are most grateful to Mrs. Martin and to you for sparing the time to come and see us on Wednesday. I think our discussion was very useful, and we have now been able to ask our office in Peking to proceed with the approach which we agreed on, I will naturally keep you aware of any significant developmenta,

I return herewith the list of her property in Shanghai that Krs. Martin so kindly wrote out for us, together with a spare copy of our typewritten transcript.

There was one small matter on which we would be grateful for Mrs. Martin's advice. We briefly spoke about the possible need to appoint an agent in Shanghai to act on behalf of Mrs. Martin, I understand that the Hong Kong and Shanghai Bank would prefer not to be involved, and it occurred to me that rather than run the risk of causing embarrasssant to her friends in ?hanghai by naming one of them as har agent Mrs, Kartin might prefer to nominate the China Travel Service, as did Mr. Mobain, This may also be quicker for you. For our part, we should like before too long to be in a position to volunteer the name of Mrs. Martin's agent to the Chiness.

C. Jansen, Esq.,

Milestone,

New Street,

Petworth,

Jax 877

(P. J. Robertá)

5

(HIH) DA. 391999 1,500μ 2169 8.

NOTHING TO BE WRITTEN IN THIS MARGIN

FEC Registry 4

No.

URITY CLASSIFICATION

Top Secret.

Secret

Confidential.

Datorveted.

Unclassified.

PRIVACY MARKING

In Confidence

DRAFT

To:-

C. Jansen, Esq

Milestone,

New Street,

ETWORTH

Type 1 +

From

Telephone N♣. &Ex1,

Department

She

Fm. 2

We

most grateful

to Mrs. Martin of to

spany the

you for

the time to come

Wednesday

P

see us yesterday! I think om.

discussio

was very useful

useful, and

we have now been able to ask

with the approach

Office in

Peking to

proceed

which

ve

agreed on.

keep you

aurare

I

I will maturally

significant

of any developers,

return herewith the list of

in Shanghai that Mars.

her

property

Martin so kindly wrote out for ws, together with a spare upy of on typewritten transcript,

There

on which we would be grateful for

Martin's advice.

Spoke about

Spoke

сер

un altas

We briefly

Родстве

Ms.

about the freed to appoint

an agent in Shanghai to aut on behalf of hers. Martin, I

understand that the twong Kong

Back would

Shanghai Brank

є

prefa

anot

to be inrowad

And it occurr

The

~=8/

we

to

that rather than

entrarragsunt to he

amin

friend in

Shanghai by

пов

he agent

of then

Mrs Martin might prefe

to nominate, China Travel Service

Mr MeBain, this

may

, as fid

also be quicker for you. For our part we showed like befme tooling to beste

in a position to whunter the name of pus Martin's apart hatch

+

NOTHING TO BE WRITTEN IN THIS MARGIN

Mr. Wilford

My Jord

o.r.

CONFIDENTIAL

56

Flags A

and B

I have before

wither of those klę. Imagin

aphed many

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Flag A

Flag B

Mrs. Martin and Mr. McBain

You asked what action had been taken on your minute

of 18 May (folio 68 below).

2.

lie have now been told formally by the Chinese (Peking

telegrams Nos. 330 of 9 May and 444 of 11 June) that

Mr. McBain's property has been confiscated because of his

alleged offences against Chinese law and in part compen-

sation for the Chinese claim outstanding against Moellers,

and we have asked Er. Howells in Hong Kong to pass details

of these charges to Mr. McBain. After discussing with our

Legal Adviser we have come to the conclusion that there is

little to be gained from renewing our protest to the

Chinese about the confiscation, since the only clear ground

of protest we have is the absence of a proper trial and we

are unwilling to rely on this alone.

3. It appears highly probable that Mrs. Martin's property

will also be declared forfeit on even flimsier charges: the

Consular Department of the Ministry of Foreign Affairs have

promised a speedy resolution of this issue (Peking telegram

No. 330, paragraph 5). At the same interview Mr. Davies

indicated Mrs. Kartin's particular concern for her jewellery

and at the second interview (Peking telegram No. 444) asked

whether Mr. McBain's medals could be returned.

£4.

Assuming that Mrs. Martin's property is to be officially

confiscated it seems to me reasonable for us to draw a

CONFIDENTIAL

/ distinction

CONFIDENTIAL

Yes.vce. MN.

FLAG.C

distinction between the confiscation, however unjustified,

of goods and chattels on the one hand and the unprincipled

retention of personal jewellery before notifying the con-

fiscation on the other. The former has allegedly been

sanctioned by law: the latter smacks of petty theft.

Chinese may not accept this distinction but Fr. Kuan's

willingness to listen to Mr. Davies' request and to pass

it on to Shanghai is encouraging.

There is no reason,

therefore, not to take the matter a stage further, and I

have suggested to Peking that they raise the matter

(telegram No. 253 attached.).

The

SALMogen

(J. A. L. Morgan)

1 July, 1970

The matters appears to the wall in hand.

Thank

you. The

2. Om procedure the Depot have

not

gor. mach to be

proud 17! My minute is diled 1875. Mr Roberts does something

about at

15% Drawing attention to two telegons which

if he looked at the dich ribution

Hat I could not have can

CONFIDENTIAL

he would have

realiant

I should be grateful if

You would draw his attenti & this minté

об накид

سه

چستر

'Files' a 'Depts "Drähntation Muz

Your Dept about 'Files' a 'Depts Distribution

(PSC 14/1)

CONFIDENTIAL

(76

Far Eastern Department

2

July, 1970 3/vi

Uza. Martin's Property

Mrs. Martin herself came in to see us yesterday just after our telegram Xo. 253 to you had been despatched. She displayed that buoyant style we had come to expect from reading the accounts by Howells and Michael Wilford. She chatted happily to Ian Stevenson about the old days in Shanghai.

their

2. Te had asked her whether she could let us have an inventory of the mere important item of her property in Shanghai, and she duly brought us one. I enclose a typed copy. You will no doubt be struck, as were wo, by the inclusion of many Chinese items, and we gently pointed out to her that even had she left China in the most favourable circumstances it is highly unlikely that she would have been allowed to export these antiques. Whilst, therefore, we would on prinsiple be asking the Chinese for the return of all her possessions, in the event of their rejecting thispproposal we asked her if she would agree to our narrowing down our request to those items (e.g. the English paintings) in which the Chinese could have no interest? When she agreed, we took her a stage further and asked whether, if need be and if the choles arose, she would be prepared to see us patting more emphasis on the retrieval of har personal jewellery, in particular that taken from her on arrest, even if this were te detract from our more general approsch, Again, she agreed.

3. We would therefore add the following gloss te paragraph 2 of our telegram No. 253. It seems most unlikely that the Chinese will rescind their verbal sentence of confiscation of Era. Martin's property (she confirmed yesterday that she had been told that all her possessions were confiscated and that the Chinese used this sentence to justify their retention of her jewels) and that when the subject is next raised the Consular Department say formally confirm that such a sentence was passed according to the legal process. Although, then, we would like to get our word in before this happens, it may be that we shall be fereed to adopt the more defensive approach from grounds of "humanitarian consideration", thus putting Mrs. Martin's case on a par with Walain's. If this

H. Ll. Davios, Esq.,

PEKING,

CONFIDI

/were

CONFIDENTIAL

were inevitable, Hru, Martin would not find it too unpalatable, whilst we would regard it as a bonus (and I said as much to Jansen, Mrs. Kartin's nephew) if the Chinese were prepared to part with a single stens,

to:

C. J. Howells, Esq., Tond Rols

(P. J. Roberts)

[

[

(F18281) DL. 391599 1,300u 2/69 H".

NOTHING TO BE WRITTEN IN THIS MARGIN

FEZ

Registry 14/1

No.

JURITY CLASSIFICATION

Top Secret.

Safet

Confidential.

Restpcted.

Undasutied,

PRIVACY MARKING

...............------------- IT---------

DRAFT

lelte

Type 1 +

+

To:-

Hill.

H. Ll. Davies Esq

દર્

PEKING

In Confidence

ce.

From

Telephone No. & Ext.

Department

W

Howells, Hongkong

Mrs. Martin's Property

Mrs Martin herself

yotarday

see no just after an

253

L

had been

telegram us.

respatched. She

displayed that buoyant style we had

accounts by

expect from reading the

Howells and Michael

Wilford. She chatted happily

to lan

Stevensa about the old days

in Shanghai

2.

We had asked her whethe

She could let us have

kurmei

important

OLKA

items

1

inventory of the her propały in

Shanghai

,

and she duly brought

I enclose a

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typed copy.

and she.

no doubt

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as were we, by the inclusion

Chinese Jems

مسهل

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and are

be

he that even

had she left

China in the most

favourande

walde circumstance

it is

highly unlikely that she would have

been allowed

to export

these

Whilst therefore, we would

antiques.

on

forple

be attaing

the Chinese

possessions,

their

for the return of all her

in the event of

rejecting this proposal

on the grounds that all had bee

tat

anted her if

banced

narrowing down

to our

She lagree

request to

those items (eg. the English paintings)

in which the Chinese could have

Sedin

She agreed,

When

no pas

interent?

которо

to we took her

asked whether,

stage Iother and

if need be and

if the

The cloice arose

NOTHING TO BE WRITTEN IN THIS MARGIN

NOTHING TO BE WRITTEN IN THIS MARGIN

TAH GRZ MODS'I GASTGE "PO (1120)

Registry

No.

IRITY CLASSIFICATION

Top Secret,

Secre

Confidential.

DRAFT

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Type 1 +

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Telephone No. & Ext.

Restricted.

Unelassified,

PRIVACY MARKING

LJL--.LI..

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she named be prepared to

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pulting more

Department

emphasis

to see

the

he personal jewellery,

we that taken from her on

retrieval

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if this were

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telegram no. 253.

It seems matt

unlikely

their

tur Martin

that the Chinese will rescind verbal sentence of

Lanfiscation

profety (the confined yesterday that the

had been

can fold that all he possessions

& that he Chinese

were confiscated used this satence

her jewels

jewels)

to justify their retention of and that when the subject

and

is next raised the Commmen Department

formally

may confirm that

passed according

Although, then,

1

Дерамин

a contence

to hire

the legal forcess.

would doodly

like

to

get our word in

before

this happens

it

be that we shall

may

be dated back to

for

a

the

more limited defective on

less solid grounds of

•humanitarion

know!

crysiderdia. You shack to

The tat/ forced to adopt the there took

more defensive apprrace from grounds of "humanitation consideration "

thred putting

por

Mus Morlin's mase

with a McBaina of

were imenitalde, Mrs. Martin

this

would

not find it

hro

Whilst

We

woned

играватки, frid regard it

a torns (and I said as much to

Jansen, MA Marlin's repres) if the

Chinate wee

prepared

a simple store.

to

part with

NOTHING TO BE WRITTEN IN THIS MARGIN

1

30 14/1)

COERIDENTI

Far Eastern Departaent

2 July, 1970

NoBain and Joellers

In your telegram No. 330 on 9 May you asked for the lekground on the Chinese dispute with Hoellers. Tony Lambert (who has just come into the Department) has done some research and I enclose a copy of his mimte. When you have seen it you will realise that we are far from being able to indicate what MMG's attitude (if any) to the dispute might bei I send you this for the meantime simply as an indication that in our opinion Moellers can have not the slightest justification for alleging that McBain was not their agent.

2. Connie Martin came in to see us yesterday and confirmed this quite categorically. She said that up to the very time of their arrest Moellers paid Mobain's salary through the Hong Kong and Shanghai Bank every month, and had also put at the disposal of his wife a Moellers flat in Hong Kong.

(P. J. Roberts)

po

J. N. Allan, Esq.,

PEKING.

Cory to:

C. J. Nowells, Esq.. HoLa Toni

OR. 87

75,

(HDI) DA. 301999- 1,500 249 Be.

NOTHING TO BE WRITTEN IN THIS MARGIN

Type 1 +

From

PEC 14/1

Registry No.

PRITY CLASSIFICATION

Fog Secret.

Sepat

Confidential.

Restricted.

Unalteified.

PRIVACY MARKING

L

In Confidence

DRAFT

To:-

James Allan

PEKING

Howels H.K.

P

McBain & Movers

Telephone No. & Ext.

Department

the Mo

with Firers.

ha's just come

quan tel: wo. 330

|

your

you asked

for

не

On

& Ma

he background on

Chinese dispute

Lamber (who

Terny

ühe

te

Departas)

has done

and I

sone

refea_ch

enclose

copy of & his minute. When

性し

you

name

Sean

it

You will redite for from being able

that we are no sost

forside ma

tapositio

на

to

indicate what

H.M.G's attitud

(it an

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might be to the dripparte

I send

sough

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for

the meantine

+

indicati's That

Xumers

not the slightest judification

ما

for alleging that Mebain was not

their agent.

2.

to see

Connie Thantin

came in

yesterday & confined

this quite categorically. She

said that up

to he

of their arrest

rem

tive

umers paid

the

Mobain's salary through Hung Kay Shaugh. But

every

worth

, and h

had

в

also

disposal of his wife a

in tung krig.

Put at the

rivers flat

NOTHING TO BE WRITTEN IN THIS MARGIN

FRC="14/1

I

C

.].

handed to PED

Mrs. Martin's lift of possessions left. in Shanghai

Sirly 1970.

pm. pr.

14

Jewellery

1 Diamond of falarining wordding

| Sougeurs diamant co

I fade & gold bangle

معلمة

Engageque

Schon oth

one at the

promenil to be ruture of

(inshouan at Lane 1522 Foux 20 Hankins, Rood Lead)

Godiamond patarinum barbrooch

-

I diamond & platerum dorist watch I fair diamond cluster wearing. I faile & gold foundland on gold chains 2 Cultured fecal mecklaecro I got a game dragonfly breach I prain special to gola cavings

<}etnཕcvt+nག

I gold wedding ring (ony amrithan's)

(in wardrobe in any

bedrooms a înuciille droux's of draug Clothes (write cummy's)

(right side)

1 I'm Lund box in abdic containing

Hord

scenter

Clothes

Summer Clothes in wardrobe in my bedroom

Eat

I tong Silver fox for cont

1(3/4 length) Squish for cont

|

·

I

+

1

:

U

1

/ Blackwood øcreen inlaut with blue wokita

porcsiain falaques (packed up in shanting in cistic box noom)

Living Room (ground floor)

2 blackwood long converans I ret

of 3 blackwood tea poys

1 Grandmaster clock in mahogany came

I amat blockwered folding to the

! All pictures including 2 English writer colours of

sacking shipers

of one of

a duck (ou). There fuctures. as well as several oners with broken Glass & frances

2 in 3 without frames

spations in athic box room f

Qui Klass va

w box in aman's room in attic. qood & were

left by my father to all our family. All blur white vasers, 2 coul? carved beutelhac an

i blackwoord band's, 2 redt omali plaser

on blushwood, ribands

2 small blues, white Oning pancitum plates

affands (There in brandnote on 120

a and

búchwood

^ with other small orna flow right bedroom) I long will glows case of commil and glass verses' a susit All brongę renaments

4

washers

dishers

I

Cutlerst

of eclver in blachusood, glass cobenet.

обал All good beci a Fathe linen, some mayud "C.M"

соби

:

Blue

Polux blankets blum servered feather pillows,

Live set of good. Surtim ruzə

Sumath Furton

Even with

king.

I langs

22

small in art

my mother's Puthern niches Jakso Rothers I of hyp feren Pryding which I would like to be put in the Tripps Ramos crum we than of Rh fhewan velonging to a found in houston.

& wontollak

:

F

I

t

י

.†

N

small Tientsin ruga

Urn with my Mother's and Father's ashes

-

also 2 Others, 1 of

Mrs. Jessie Bryden which I would like to be put in the Tsingpao

Crematorium and one of Mr. Thomson belonging to a friend in London.

JEWELLERY

1

Diamond and platinum wedding ring

Taken off ne at the

1

Solitaire diamond and platinum engagement ring) prison and

1

Jade and gold bangle

promised to be returned

(in house at Lane 1522, House 20, Nanking Road West)

+

1

9-diamond and platinum bar brooch

1

diamond and platinum wrist watch

1

pair diamond cluster earrings

1 jade and gold pendant on gold chain

2

cultured pearl necklaces

gold and jade dragonfly brooch

1 pair pearl and gold earrings

1

gold wedding ring (my mother's)

(in wardrobe in my bedroom and middle drawer of dressing-table in

(in wardrob

bathroom)

Clothes (winter and summer)

↑ tin-lined box in attic (right side) containing winter

clothes

Summer clothes in wardrobe in my bedroom

1

long Silver fox fur coat and hat

Three-quarter length Squirrel fur coat

1

MRS. MARTIN'S PROPERTY

Blackwood screen inlaid with blue and white porcelain plaques (packed up in sheeting in attic boxroom).

Living Room (ground floor)

2 blackwood long mirrors

1

set of 3 blackwood tea poys

1

Grandmother clock in mahogony case

1

small blackwood folding table.

All pictures including 2 English water colours of sailing ships

and one of a duck (shot). These pictures as well as several more

with broken glass and frames upstairs in attic boxroom and 2 or

3 without frames in box in amah's room in attic. All these are

good and were left by my father to all our family.

All blue and white vases

2 coral (?) carved buddhas on blackwood stands

i

2

red small plates on blackwood stands

2 small blue and white Ming porcelain plates on blackwood

stands (these latter in wardrobe on 1st floor right

bedroom with other small ornaments)

long cut glass vase and small cut glass vases and sweet

dishes

All bronze ornaments

Cutlery and silver in blackwood glass cabinet

All good bed and table linen, some marked "C.V."

Blue blankets and blue covered feather pillow

Two sets of good Tientsin rugs 1 large and 2 small in a set

/over

+

CYPHER/CAT A

CONFIDENTIAL

73

PRIORITY HONG KONG

TELEGRAM NUMBER 432

TO FOREIGN AND COMMONWEALTH OFFICE 2 JULY 1970

CONFIDENTIAL ADDRESSED F C O TELNO 432 OF 2 JULY R FI PEKING

22

YOUR TELEGRAM 253 TO PEKING.

FC

MRS.CONSTANCE MARTIN.

THE HONG KONG AND SHANGHAI BANK WOULD PREFER TO DISENGAGE THEMSELVES AND SUGGEST THAT THE CHINA TRAVEL SERVICE MIGHT BE PROPOSED AS MRS.MARTIN'S AGENTS IN THIS MATTER,

(F CO PS PASS PRIORITY TO PEKING)

Late to Xv. Jane an

SIR D. TRENCH

[REPEATED AS REQUESTED]

317

DEPARIMENTAL DISTRIBUTION

F.E.D.

CONS. DEFT.

CLAINS DEPT

HONG KONG DEFT.

GGGGG

CONFIDENTIAL

1

Γ

CYPER/CAT A

CONFIDENTIAL

ROUTINE FOREIGN AND COMMONWEALTH OFFICE

TELFORAM NUMBER 253

TO PEKING

30 JUNE. 1970 (FED)

FEC 4/1

(12)

CONFIDENTIAL.

ADDRESSED TO PEKING TELEGRAM NUMBER 253 OF 33 JUNE REPEATED

FOR INFORMATION TO GOVERNOR HONG KONG.

LS

5

YOUR TELEGRAMS NO. 330 AND 444.

64

میبرم

P8.47

WE SEE LITTLE POINT IN REITERATING DAVIES'S PROTEST AT THE

CONFISCATION OF MCBAIN'S PROPERTY, BUT WHILE AWAITING A CHINESE EXPLANATION REGARDING THAT OF MRS. MARTIN, WE SHOULD LIKE TO TAKE

OUR ATTEMPTS TO REGAIN THEIR PERSONAL JEWELLERY A STAGE FURTHER.

WE THINK IT POSSIBLE TO DRAW A DISTINCTION BETWEEN THE ALLEGEDLY

LEGAL CONFISCATION OF HOUSEHOLD CHATTELS, AND THE CARELESS OR VIN- DICTIVE RETENTION OF PERSONAL TRINKETS, SUBJECT TO YOUR AGREEMENT, THEREFORE, WE SHOULD LIKE YOU TO MAKE THE MFA AWARE, IN THE COURSE OF OTHER BUSINESS (SEE PARA 2.) AND IN LOW-KEY BUT EXPLICIT TERMS,

THAT WE ARE SURPRISED AT THE SHANGHAI AUTHORITIES' FAILURE TO

RETURN THE PERSONAL JEWELLERY TAKEN FROM MRS. MARTIN AND MCBAIN, IN SPITE OF PROMISES MADE AT THE TIME OF REMOVAL. ON ARREST, MRS. MARTIN WAS WEARING A PLATINUM WEDDING RING WITH DIAMONDS, A BLUE-WHITE SOLITAIRE DIAMOND ENGAGEMENT RING, AND A JADE AND GOLD BRACELET, WHILST MCBAIN HAD ON A SIGNET RING AND A WATCH. YOU COULD ADD THAT WE RESERVE ENTIRELY OUR POSITION ON THE

CONFISCATION OF MCBAIN'S OTHER POSSESSIONS BUT THAT IN THE MEANTIME

WE FEEL OBLIGED TO DRAW THE ATTENTION OF THE CHINESE AUTHORITIES

TO AN UNTYPICAL INSTANCE OF APPARENT THEFT OR NEGLIGENCE WHICH WAS

NOT TO OUR KNOWLEDGE RELATED TO THE CONFISCATION, AND TO EXPRESS

THE HOPE THAT THE SHANGHAI AUTHORITIES CAN BE PERSUADED TO RETURN

THESE OBJECTS, WHICH ARE INTRINSICALLY OF SMALL VALUE BUT STILL PRECIOUS TO THEIR OWNERS. YOU MIGHT AT YOUR DISCRETION ADD THAT

MRS. MARTIN'S JAILERS FAILED TO RETURN THE SUM OF YUAN 118 REMOVED FROM HER ON ARREST, EVEN THOUGH ON HER RELEASE THEY MADE

HER SIGN A RECEIPT FOR THE MONEY.

/2. AN

CONFIDENTIAL

CONFIDENTIAL

-2-

2. AN APPROACH ON THESE LINES COULD FOLLOW ON A RENEWED ENQUIRY

ABOUT MRS. MARTIN'S PROPERTY, WHICH WE WOULD LIKE YOU TO MAKE AT

AN EARLY OPPORTUNITY, AND IN PARTICULAR BEFORE THE CHINESE CONFIRM

FORMALLY THAT HER PROPERTY HAS BEEN CONFISCATED. YOU COULD TAKE

THE LINE THAT SHE REMAINS ANXIOUS TO RECOVER HER PROPERTY WITHOUT

MORE DELAY AND SEEKS TO ESTABLISH WHETHER SHE CAN APPROPRIATELY

INSTRUCT THE HONG KONG AND SHANGHAI BANK IN SHANGHAI, AS HER

AGENTS, TO APPROACH THE LOCAL AUTHORITIES AND ARRANGE FOR PACKING AND DESPATCH.

3. A NOTE ON THE MOELLERS DISPUTE FOLLOWS BY BAG.

DOUGLAS-HOME

DEPARTMENTAL DISTRIBUTION

F.E.D.

CONSULAR D.

CLAIMS D.

LEGAL ADVISERS

H.K.D.

P

CONFIDENTIAL

י

Registry No. FEG 14/

DEPARTMENT FED

SECURITY CLASSIFICATION

Top Secret Seeree

Confidential

Kerepicted

Unclassified

PR

PRIVACY MARKING

In Confidence

PRIORITY MARKINGS (Date)

"mmediate }"

Routine

Despatched

Date and time (G.M.T.) telegram should

reach addressee(s)

CYP

[Security_classification]

Ber Chair.

[

соба

Cypher

Draft Telegram to:-

N6.

Peking

(Date)

253

30/6

And to:-/

-if any

Privacy_marking -if any

[Codeword-if any]

Addressed to

telegram No..

And to

I

1

L

553

JJ IL - ---

...

CONFIDENTIAL

1/7

- 11-

=

R

PEKING 30 June

...(date)

PAZ PAZUDE

repeated for information to Go✓ HONG KONG

ווי ח

וייוייוי

but..

'LILIN LF

...יז.

.....-- ..---.

INJILLI

11. F

NOTHING TO BE WRITTEN IN THIS MARGIN

Repeat fto:- av Hong Kong

Saving to

Distribution:

Departmental

FED

Consular Claims

Legal Advisers

Copies to:-

12502

Ro 30/6. 122573576

Saving to

---------..ILL..

BILL

Your telegrams No. 330 and 444.

--

P

We see little point in reiterating Davies' proteat

at the confiscation of McBain's property, but while

regardingt

awaiting a Chinese explanation s

regards that of

Hra. Martin, we should like to take our attempts to

regain their personal jewellery a stage further. Ye

think it possible to draw a distinction between the

allegedly legal confiscation of household chattels,

the careless or vindictive retention of personal

trinkets.

and

Subject to your agreement, therefore, we

should like you to make the MFA aware, in the course of

(cat pad

other business and in low-key but explicit terms, that

we are surprised at the Shanghai authorities' failure

to return the personal jewellery taken from Mrs. Martin

and McBain, in spite of promises made at the time of

removal. We understami shes On their arrest

with dendmonds Mrs. Martin was wearing aid wedding ring,

Platinum

a diamond

/Pint

1

brand

athue-white solitaire diamond engagement ring, and a jade. in, a artevant po-sibly a di mont brooch, whilst

McBain had on a signet ring and a watch. You could add

that we reserve entirely our position on the confiscation

of McBain's other possessions but that in the meantime

we feel obliged to draw the attention of the Chinese

authorities to an untypical instance of apparent theft

or negligence, and to express the hope that the

Shanghai authorities can be persuaded to return these

objects, which are intrinsically of small value but

still precious to their owners.

2. An approach on these lines could follow on a

renewed enquiry about Mrs. Martin's property, which we

would like you to make at an early opportunity, and in

particular before the Chinese confirm formally that her

property has been confiscated. You could take the line

that she remains anxious to recover her property without

more delay and seeks to establish whether she can

appropriately instruct the Hong Kong and Shanghai Bank

in Shanghai, as her agents, to approach the local

authorities and arrange for packing and despatch.

3.

A note on the Moellere dispute follows by bag.

gold

bracelet

which was not too our knowledge water to the confiscation

at you discution Mou might add mightfadd

that Mrs. Martin's

jailers failed to

retum the fun

of Yuan 118

removed

fusum her

on arrest, even

though om has

retina ||

they made

receift for the

топой.

her sign a

·

NOTHING TO BE WRITTEN IN THIS MARGIN

(LING) INU92077 300mm 10/6 G WH.Led Gə 861

SM

30.6

CONFIDENTIAL

CYPHER/CAT A

TOP COF

LE FOREIGN AND COMMONWEALTH OFFICE

TO PEKING

18 JUNE, 1970 (FED)

TELEGRAM NUMBER 235

FEE 14/1

CONFIDENTIAL.

ADDRESSED TO PEKING TELEGRAM

INFORMATION TO HONG KONG.

41

235 OF 18 JUNE REPEATED FOR

YOUR TELEGRAM NO. 444, PARAGRAPH 5.

WE AGREE. WE ARE STILL INVESTIGATING MCBAIN'S ALLEGED INVOLVEMENT WITH MOELLERS AND MAY LATER WISH TO CONSIDER MAKING A FORMAL PROTEST TO THE CHINESE. IN THE MEANTIME, GRATEFUL IF HOWELLS IN HONG KONG COULD SPEAK TO MCBAIN OR HIS RELATIVES.

STEWART

FILES F.E.D.

CONSULAR D. MR. VILFORD

!

+

Pu

FR. 47

CONFIDENTIAL

Registry No.

DEPARTMENT FED

• Date and time (G.M.T.) telegum should

reach addressee(s)

SECURITY CLASSIFICATION PRIORITY MARKINGS

(Date)

Despatched

.....

ILJJ

Immedita

Confidential

Priority

Routine

PRIVACY MARKING

In Confidence

C

[Security_classification]

En Clair

[

Cod

Cypher

Draft Telegram to:-

No.

Peking

235 (Date) 18/6

And to:-

Plant & MINUTE YO

Repeat :

Hong Hong/Kont

Saving to:-

any

Privacy marking -if any

[Codeword-if any}

Addressed to

]

■-..-

+

CONFIDENTIAL

ו-זווי

--

PEKING......

LLLLL

18 June

ITTIN

telegram No.

...

LLLL

(date)

And To

repeated for information to

HONG KONG

PP.

..

Saving To.

AJI POP

Your telegram No. 444, paragraph 5.

We agree. We are still investigating McBain's

alleged involvement with Moellers and may later wish

to consider making a formal protest to the Chinese.

Howells [ve

if/H

In the meantime, grateful if/Hong Kong could speak to

MoBain or his relatives.

NOTHING TO BE WRITTEN IN THIS MARGIN

Distribution:-

FILES:

FED

Consular Best.

Copies to:-

Mr. Wilford

1800 br sm

1818307

SM

18.

+

RESTRICTED

Reference.

NOTE FOR THE RECORD

Mrs. Constance Martin, accompanied by her nephew, Mr. Clinton Jansen, called in to see this Department yesterday afternoon. Mr. Stevenson and I talked to them for over an hour.

2.

My letters of 2 July to Mr. Davies contain a sufficient record of the conversation. The only point

on which her account was at variance with other debriefings was on the terms of her sentence: she told us that she was definitely informed in Shanghai that all her possessions were confiscated.

PR

(P. J. Roberts)

2 July, 1970

RESTRICTED

politica

EMT

font fin

مش

hit. Kadin kans

now frovided he list! I have anonded te druth пектр

невер

telegram accordingly,

1.29/~

suz

ہوئے

2/29/6

Mrs. Donza

Mr. Apple

All

s 2916

ADDI RAMA Mr. Stevensons Mr. Korgan (M. 30.6

CONFIDENTIAL

Rolerance

Property of Mr. McBain and Mrs. Martin

291F

I am grateful for Mrs. Denza's observations. Mr. Lambert has now established that Mr. McBain demonstrably acted as Moellers' agent in Shanghai from late 1953 onwards. Although we have no evidence that Moellers formally a pointed him as such, they appear not to have queried other references to him as the Moellers agent in Shanghai.

2. When Mr. Appleyard and I spoke to Mrs. Denza last Friday, however, we agreed that Mr. McBain's connexion with Moellers in fact bears only marginally upon our decision whether or not to go on record with a formal protest to the Chinese. Since it is conceivable (though difficult to verify) that under Chinese law the authorities are entitled to confiscate personal property in respect both of alleged individual crimes and, in the case of an agent, of alleged misconduct of his principals, we would not be on strong legal grounds in protesting at this confiscation. It is true that we could take exception to the manner in which the Chinese conducted their trial of Mr. McBain, if indeed any trial took place, but to base a protest on these grounds alone would be a sterile exercise. I would therefore suggest that there is no point in making a formal protest to the Chinese about Mr. McBain's property in addition to the protest made by Mr. Davies, although we should explicitly reserve our position to the Chinese.

3. We can nevertheless pursue the matter of

Kr. McBain's and Mrs. Martin's personal jewellery, even in the absence of a strong legal distinction between this and their household goods, on the grounds of humanitarian concern. I spoke this morning to Mr. Jansen, Mrs. Martin's nephew: he promised to ask Mrs. Martin to let us have an exact list of the missing jewellery and expects that she will do this within one or two days. Moreover, Mrs. Denza recommends that since the Chinese have not yet said that Mrs. Martin's property has been confiscated we ought to take the initiative in asking for it to be returned to her as soon as possible, thus taking Mr. Davies' earlier enquiry (Peking telegram No. 330, paragraph 5) a stage further. I have drafted a telegram to Peking and a minute to Mr. Wilford to take in these points:

howard York. Matith's proared

[asid

[below]

Tel Submitation have issued.

#a7R2/mi

(P. J. Roberts) 29 June, 1970

CONFIDENTIAL

CONFIDENTIAL

Mrs. Dessa

Assistant Legal Adviser

Pse see

below.

telegram

2.

my draft minute and

Mr. McBain's property has

форат

confiscated.

befall jewellery

bushing

the

Mrs. Martin.

been legally

fate

seems likely

Their personal

an arrest

also taken from them

& not retunet.

3.

for minated earlier (foris 68A) to

he Appleyond that you thought

we should

go on record

and

crefiscation

esting against this

dice

as regards her malkin ( the rollers angle has been cleared) presumably you would advise the same in

Mr. Martin

Whethe

t

-case

The

question is

in the meantime, it would be

advisable to

the

ask the Chinese to return

personal jeweller

My porotating

without simmetamsons.

at heir anfiscation on

The larger scall.

CONFIDENTIAL

PyRosam

(FED)

22 Jome 1920

CONFIDENTIAL

There is no harm in thean

Krying

But the distinction may

this approach

must be a valid me.

From a legal point of wind I fail to me

نفسة

the slightest difference

Juvellery

wly round of

Ats for

Ms.

J

fr

move

property fast and get

Thunfore

I think we should

oan hi

Sefore

we are.

have

not yet been officially notified of my confiscation

between personal household possessions. The disthithin is in the thinning.

Martin is komerned are

forent

persibility We should unstainly wat allude to the If the pepently being confiscated. With Mahain time lapse between his release and

there was a

вику

then confiscation of his property and an my

his personal effects

uno am

Suggest

retention of

with the confiscation,

anconnected

hawish

Lo

I don't su us

Zlin Janza

getting way for with this me

very

вет

25-June.

CONFIDENTIAL

CONFIDENTIAL

Far Eastern Department

Reference

- LEI

I sent you a minute some weeks ago about the talks which I had with Mr. McBain and Mrs. Martin in Hong Kong, The main point was whether we should pursue the matter of the valuables removed from both during their captivity. What has happenend?

Mu

(K.M. Wilford)

19 June, 1970

CONFIDENTIAL

CONFIDENTIAL

Reference

FRC 14/1

70

Flag A

Mr. Applovega

пароль

Mr. Stevensones ist Jagme

Mr. Morgen has cam 18/6 PR.

Confiscation of Mr. McBain's Property

Action is outstanding op several issues.

on severs

2. Peking telegram No. 444 of 11 June (below this minute) should be read in sequence with Peking telegram

Flag B15 No. 330 at folio 65, an account of Mr. Davies

Flag

Flay Di

Flag ₤(LSA

earlier interview with the Consular Department. At that time the Chinese stated that because of Mr. McBain's alleged offences against Chinese law and in part compensation for their claim against Moellers, his property had been confiscated and that he had been told this. The Consul made it clear that Mr. McBain could not recall ever having been told and that it was in any case incorrect to confis- cate private property in compensation for company debts. Mr. Davies asked for a transcript of the trial and was told to apply to the Shanghai authorities: there is scant hope of their being willing to provide this.

3. As Mr. Denson says in his telegram under reference, paragraph 5, it is surprising that the Chinese should now have returned to the matter in order to volunteer information. But it is unlikely that we shall obtain any more than this, though there is perhaps some hope for Mr. McBain's medals (c.f. Mr. Howells' letter of 14 May to Mr. Appleyard at folio 67). Thus it is now for consideration whether we

+

(a) tell Mr. McBain's family the present position

and advise them that the charge against him should not be made public (as Mr. Denson now suggea ta);

(b) give Mr. McBain's family details of the

charges, whilst allowing the confiscation of his property (and possibly that of Mrs. Martin) to become public knowledge Mr. Wilford suggests this in his minute of 18 May at folio 68;

(c) make a formal protest to the Chinese about

their confiscation of private property in compensation for company debta. Mr. Appleyard's minute of 11 May takes up this point and Mr. Wilford's minute also discusses it.

4.

Taking the last point firat, our Legal Adviser minutes that whilst in her opinion we should make a formal protest to the Chinese we cannot do so until we have resolved the controversial connexion between Mr. McBain and Moellers. In addition there is the

CONFIDENTIAL

/question

CONFIDENTIAL

над.)

Flag. B

ting E

над в

Flag &

Flag

.B

question of whether under Chinese law the Chinese Government had the right to proceed against an employee of a company to compensate for that company's alleged crimes. Mr. Wilford suggests that we ought, subject to consultation with Mr. Denson, to follow this point up on behalf of both Mr. McBain and Mrs. Martin either in Peking or here. On the other hand, since Mr. Wilford wrote his minute, the Chinese have officially confirmed that Mr. McBain's personal effects are indeed legally forfeit. (In fact Peking's first telegram with this news precedes Mr. Wilford's minute by nine days; but I fear that the Files/Consular distribution may have prevented a copy of it reaching him.) The manner in which the. Chinese have presented their act of confiscation, at least in

Mr. McBain's case, seems to me to prevent our now depicting it - as at first seemed possible as an act of common theft (though it may indeed have been that in respect of Mrs. Martin's jewels). As Mr. Denson suggests, the Chinese are now trying to emphasise the legality and reasonableness of their action. Again, as Mr. Appleyard says, if the Chinese have satisfied themselves that Mr. McBain is a criminal and deserves to be deported they may well be entitled to confiscate his property, though on the other hand I do not think that this in itself need prevent our making a further protest. But it seems to me that if our protest were on this basia alone it would add little to what Mr. Davies has already said (Peking telegram No. 330, paragraph 2). The Chinese would bring in the Moellers issue and we ought therefore to be in a position to make a clear statement about this before raising the matter again. Whether we are able to do this depends, as Mrs. Denza says, on the nature of the link between Mr. McBain and Moellers. The whole question of an official protest must therefore on these grounds alone be shelved for the time being. I believe Mr. Laubert is reading the Moellers papers in an attempt to get to the bottom of the matter. Mr. Denson asked for this in fact in his telegram No. 330, paragraph 6.

5. To take now point (b) above. It seems to me that we

Preas ought not to encourage publicity about either case. reports would rightly be critical of Chinese behaviour. The Chinese would inevitably resent it; they might regard it as a poor reward for their attempts to be forthcoming. It would introduce a sour note into our relations which are otherwise improving, without our standing to gain anything, and it could lead to speculation involving Moellers about which we may not be in a position to speak. It would scarcely lead to the return of Mrs. Martin's jewlry or any of their possessions. We could not of course prevent Mrs. Martin herself publishing the facts of the matter especially if the Chinese, as seems probable, attempt to wind up the affair by declaring her property forfeit in the same terms that they applied to Mr. McBain, but it would seem unwise for HMG to have a hand in a public exposure of Chinese cupidity.

-

-

6. If one draws a distinction between very personal

on the one possessions jewelry, watches and medals hand, and general household goods and chattels on the other hand, we may be able to consider making a discreet

CONFIDENTIAL

/approach

CONFIDENTIAL

Reference...............

approach to the Chinese, as indeed Mr. Davies has already done à propos of Mr. McBain's decorations, for the return of the personal treasures. If we think this a reasonable request, we could obtain a list of Mrs. Martin's jewels from her or her family here. But in any case, publicity would achieve little.

7. I consider then that we must adopt the course proposed by Mr. Denson in his telegram No. 4404 A draft reply is attached. After action we ought to pursue our search for the facts of the Moellers-McBain involvement, Since Mr. McBain himself has claimed to the Chinese that he was Moellers' residual agent, I fear it may prove diffi- cult to persuade them otherwise even if the papers inclined us to such a view.

PR

(P. J. Roberts) 18 June, 1970

I

afree

There is a

further factor. The

confiscation of his. McBain's property as

י

Compensation" for the Mrollers debt

eventually

"part

may

Und

to a private smit between für. McBain and Moellers. While nome of our within so far has been of a kind nicely

во Лена во

becoming in volved in the suit leg. as a

prime

that Mrellen and employ ther. McBain), in mind that as for asporince

wttress la

it is worth bearing

we shared nor provonance in public in the correctness of the Mirain's claim to be a Moellers employee

This does not affect nur present

present course of actor's, but it is a point which we might keep in mind

CONFIDENTIAL

порести поль

L

raft

heissnerd.

for. Lambert

to pursue y?

78.187

recordes.

CYPHER/CAT A

CONFIDENTIAL

TO FOREIGN AND COMMONWEALTH OFFICE

PRIORITY PEKING

TELEGRAM NO. 444

11 JUNE 1970

TOP COPY

CONFIDENTIAL.

ADDRESSED TO F C O TELEGRAM NUMBER 444 OF 11 JUNE R F I TO

HONG KONG

ANA

MY TELNO 441 OF 10 JUNĖ.

Miunk.

1

FEC 14/1

AT SAME INTERVIEW KUAN SAID THAT HE STIL HAD NO NEWS FROM

SHANGHAI ABOUT MRS MARTIN'S PROPERTY. HE HAD PASSED ON

OUR REQUESTS AND HE WAS CONFIDENT OF A REPLY SOON.

46.65

2. DAVIES THEN MENTIONED MCBAIN'S WAR MEDALS (HOWELLS' LETTER OF 14 MAY TO APPLEYARD REFERS),

67

EMPHASISING THAT HE WAS SPEAKING PERSONALLY AND NOT AT THE REQUEST OF MCBAIN. HE HOPED THE SHANGHAI AUTHORITIES WOULD CONSIDER RETURNING THE THREE WAR MEDALS WHICH HAD NO VALUE EXCEPT TO MCBAIN. HE NAMED THEM BUT SAID NOTHING ABOUT THE

O B E. KUAN UNDERTOOK TO PASS THE REQUEST TO THE SHANGHAI AUTHOR-

ITIES.

3. KUAN THEN SAID THAT IN REPLY TO CONSUL'S ENQUIRY AT INTER-

VIEW ON 7 MAY, HE NOW HAD A SUMMARY OF THE CHARGES AGAINST MCBAIN WHICH HE WAS WILLING TO READ OUT. DAVIES AGREED AND

FOLLOWING IS A TRANSLATION:

HAS QUOTE MORAIN, UNDER COVER OF BEING A BRITISH MERCHANT, LONG CARRIED OUT ESPIONAGE ACTIVITIES. HE HAS ALSO COMMITTED OFFENCES OF SMUGGLING AND ILLEGAL DEALINGS IN FOREIGN EXCHANGE.

HE HAS NOT PAID THE FINES FOR THESE CRIMES, HE HAS ALSO HAD ILLICIT RELATIONS WITH CHINESE WOMEN. THESE CRIMINAL

/ACTIVITIES

CONFIDENTIAL

CONFIDENTIAL

-2-

+

ACTIVITIES SERIOUSLY JEOPARDISE THE INTERESTS AND SOVEREIGNTY

OF THE CHINESE PEOPLE. IT HAS THEREFORE BEEN DECIDED TO DEPORT HIM

AND CONFISCATE HIS PROPERTY IN SHANGHAI TO COMPENSATE FOR THE

FINE WHICH MOLLERS OWE TO THE CHINESE GOVERNMENT FOR THEIR

OFFENCE OF ILLEGAL DEALINGS IN FOREIGN EXCHANGE, UNQUOTE,

J

4. KUAN EMPHASISED THAT SHANGHAI AUTHORITIES HAD FULL FACTS

NECESSARY TO SUPPORT CHARGES, DAVIES THANKED KUAN FOR THESE

DETAILS AND SAID HE DID NOT WISH TO DISCUSS FURTHER.

5. IT IS SURPRISING THAT CHINESE HAVE PROVIDED

THESE DETAILS, FAR-FETCHED THOUGH THE CHARGES APPEAR,

CHINESE WILLINGNESS TO SPECIFY THEM MAY REFLECT A NEW DESIRE

TO PRESENT A MORE REASONABLE IMAGE AND, SPECIFICALLY, TO

PUT RECORD STRAIGHT IN MCBAIN'S CASE, I SEE NO,

REPEAT NO, ADVANTAGE IN ALLOWING THEM TO BECOME PUBLIC AS

THIS MIGHT INVOLVE US OR MCBAIN AND HIS

RELATIVES IN AN ALTERCATION WITH THE CHINESE WHICH COULD

DO NOTHING BUT HARM. I HOPE THIS ADVICE MAY BE OFFERED OFFICIALLY

TO THE FAMILY.

MR. DENSON

FILES

F.E.D.

CONSULAR D. NAT. & TR. D. CLARIS D. LEG, ADVS.

CONFIDENTI AL

CONFIDENTIAL

Reference

6879

Mrs. Denza (Legal Advisers)

Miss Gutsell (Consular Department)

Mr. McBain's Property

5

You will see from Peking telegram No. 330 below that the Chinese have confiscated Mr. McBain's property as "part compensation" for their claim against Moellers, the firm for which Mr. McBain claims to have worked while in China. It is difficult to understand why the Chinese should say that they were taking over the property as part of their dispute with Moellers, since presumably they are perfectly entitled in law to confiscate the property of a private individual in respect of "crimes" committed by him. But I presume that they are not justified in confiscating private property as part of a dispute with a company of which the person concerned is merely an employee. However, I should welcome guidance on this point.

2.

Mr. Davies protested at the Chinese action during the interview. If, as I suspect, the Chinese action is wholly unjustified we should perhaps also consider whether in addition we ought not to put some kind of formal protest on record in case we are accused later of having acquiesced in the confiscation. Personally, I suggest that Mr. Davies' protest is sufficient but I should welcome your views and those of Consular Department

3. I have asked our registry to dig out the back papers on the Moellers dispute with the Chinese Government. I know that this is an immensely involved affair which is further complicated by the fact that Moellers denied some time ago that Mr. McBain had anything to do with them or was in their employ.

Lifpregad

(L. V. Appleyard) Far Eastern Department

11 May, 1970

that we should put a formal protect

on the word.

But

without knowing

we cannot prepon this

the the facts about th.

McBain is connection with Hollers and when Новат

it ceased. If there is no connection why

школов

воло

CONFIDENTIAL

M' Gain believe there was? If we constan

that there was meer any

beflain why

commerduin and

McBain thinks there was ther

them is no need to go into the Mollers

go

dispute or to make the point that the Chemise should have prounded agained the

Company

im Lame wither

way.

I'M. Bain was

Company Chinias tan could

Lis

for

высот

employee of the coverably provide for Eligine of property by way of compensation unsatisfied public dest. Not being tepert on Chimice law Scould not answe прика

and pranmably

Areal hyal

this, and

independent

ane do not have an

Aking. Elim Dunge 1stay.

Lolemain in

İ

Enter.pr. 2015

CONFIDENTIAL

Reference.....

Far Eastern Department

7

+

I have not recorded previously that I saw both Mr. McBain and Mrs. Kartin during my stay in Hong Kong between 9 - 17 April.

This

2. Soon after my arrival I telephoned to Mr. George McBain (Bill's nephew) to say that I hoped to be able to come and call on Mr. McBain, He replied that he thought it would be good for Hr. McBain to get out (which he had not yet done) and we therefore arranged that he would call on me at Government House. he did. Apart from being a little bit more frail and a little bit shakier than when I last saw him in Shanghai in 1966, he was in not at all bad form. He spoke at length about his arreat and period of detention. He had been able to identify where he was detained (Nantao) because he was taken from there to the Ward Road jail early on for a medical at the hospital. At some stage in his interrogation he obviously collapsed because he came to, to find himself in a bed back in the Ward Road police hospital This is when he was told that he had been very ill and had had to have a blood transfusion. Mr. McBain was quite convinced in his own mind that he had never Bigned any document for the Chinese. He had denied being a spy, explained his functions as the residual agents for Messrs. Moller and in answer to a question about his O.B.2. said that he assumed that it was for the help which he gave to various members of the British community. He said that he very much hoped that he would be able to recover the personal effects from his flat and mentioned amongst other things his medals. His nephew intervened at that stage to say that with the help of the Political Adviser they were negotiating with the Chargé d'Affaires Office in Peking in the hope that the China Travel Service could act as agents, so that all Mr. McBain's effects could be brought out of China.

13.

I

I

Mr. McBain said finally that one thing which had happened to him was that his wrist watch had been removed and also, I believe, a signet ring. I Baid that I was very surprised that personal belongings like this had not been returned when he was eventually sent out. It was unusual for the Chinese not to do this.

4.

I called on Mrs. Martin at the Mathilda Hospital where she is at present living. Although she had lost a tremendous amount of weight and was very frail she was also in incredibly good form and gabbled away about her experiences. I don't think that anything which she said added much to the accounts which I have seen of talks which she has had with members of the Political Adviser's staff since her return, except on two pointe:

/(a)

CONFIDENTIAL

CONFIDENTIAL

İ

|

15.

(a) She explained that when she was brought down

by train to Canton she was lodged in the Yang Cheng Hotel. When she was taken down to the dining room she was told that she was not to talk to anybody else there. She said that she was unlikely to meet anybody she knew and she had no intention of talking to strangers. To her astonishment, however, in the middle of dinner she saw Mr. and Mrs. Denson walk in, who did not recognise her but went to the opposite end of the room from where she was sitting. She thought that Krs. Denson had recognised her because more than once she looked round at her, but as Mrs. Martin said, she probably was unable to identify her dressed in Chinese clothes and with long unkempt hair. She told her watc-dog that if the British Chargé d'Affaires came up to her she would have to speak to him. This I need hardly say resulted in her being removed from the room. Strangely enough Mrs. "artin had not told this to anyone else who had seen her and I asked Mr. Denson in Peking if he remembered seeing her. At this both he and Krs. Denson remembered seeing what looked like a European woman in Chinese clothes but she had altered so much since they had last seen her (only nine months previously) that the likeness did not strike them fully.

(b)

Ma Martin said that she went into prison not only with a gold wedding ring but also wearing a diamond ring. Both these, together with her! watch and whatever other jewellery she may have had on are missing.

I am extremely surprised that the personal belongings (and valuable at that), which Mr. KcBain and Mrs. Kartin had on have in effect been stolen. This suggests either a breakdown in order pr deliberate theft. I am almost certain in the case of Mr. Barrymaine that before leaving he was handed back his personal belongings and I think that this was the case with Mr. Grey. I think we should consider what action Both i should be taken about these personal belongings.

Mr. McBain and Mrs. Kartin suggested that perhaps they had been deprived of their personal belongings as a condition of their release. If so neither of them was actually told this, and it sounds unlikely to me I believe we should follow this point up, probably with the Consular Department of the .F.A. in Peking in the first instance, but on this I think we should seek Mr. Denson's advice. An alternative is that we should raise the matter here in London on some suitable occasion, going no further than to say that we were extremely surprised that these valuable pieces of personal property had not been returned, thus perhaps making it easier for the Chargé to send a report to Peking and if, in fact, the belongings had been

/illegally

CONFIDENTIAL

!

:

!

CONFIDENTIAL

"Reference..

illegally removed but were still available in Chinese hands they could be restored with the least possible loss of face.

6. One aspect of this problem which we should consider is publicity. If, in fact, we ultimately learn that the belongings in effect had been a tolen I see no reason why we should not give publicity to this. It would help to destroy some of the myths about Chinese morals, but this is also a matter on which Mr. Denson should be consulted.

MJ

(K.M. Wilford) 18 May. 1970

¡

few fell, at 65

69

Minute.

он... ль

1576

CONFIDENTIAL

CS. 41A

2600077

10,000-10/69-274235

F

Deen Lan

RESTRICTED

COLONIAL SECRETARIAT

LOWER ALBERT ROAD HONG KONG

Ender

14th May, 1970.

x 1

McBain's Property

I have passed to William McBain the information about his property in Peking telegram No. 330 and have given him the gist in writing in case he vishes to discuss the matter further with Mollers.

Material loss apart he much regrets the confiscation of his decorations: a Military Cross, an Air Force Cross and a Croix d'Guerre with Palm all awarded in the First World War. Might we be able to get replacements for him? A possible complication is that he no longer has any record of his entitlement to these medals.

The Croix d'Guerre of course is not strictly our business but I should like to help on that too if possible. I have spoken to the French Consulate-General who say that this should be raised with their Embassy in London rather than here.

McBain did not mention his 0.B.E. as you know he partly ascribes his misfortunes to it but perhaps ve could replace that too.

I am sorry to give you this trouble but if the lost medals could be replaced it will give the old boy some compensatory pleasure to set against his unhappy if confused recollection of recent months.

I have asked Honours Section

about this or they

PL

пори

ävešlýchz.

love

The OBF cam replaced, though

L.V. Appleyard, Esq.,

Far Eastern Department,

знемо

Chris

(C.J. Hovells)

Newsee

bin be

7

a t

Assistant Political Adviser.

J' MB. may have

to pranj

Foreign & Commonwealth Office,

LONDON, S.W.1.

c.c. H.L1. Davies, Esq.,

PEKING.

!

"PR

RESTRICTED

ho los by b

67

EN CLAIR

NG KONG TO FOREIGN AND COMMONWEALTH OFFICE

TELNO 42 TO PEKING 12 MAY 1970

HONG KONG

UNCLASSIFIED

TOP CO

REC

REG:

FECM/1

ADDRESSED TO PEKING TELNO 42 OF 12 MAY. REPEATED FOR INFORMATION TO FCO.

is

YOUR TELNO 330 TO FCO: MCBAIN'S PROPERTY

MCBAIN INFORMED.

SIR D. TRENCH

FILES

F.E.D. CONS. D.

QQQQQ

pla

66

[

EN CLAIR

+

PEKING TO FOREIGN AND COMMONWEALTH OFFICE

VILNO 330

UNCLASSIFIED

9 MAY 1970

iR

L

11 MAY 1970

EC 14

TOP COPY

ADDRESSED TO FCO TELNO 330 TO FOO. RFI TO HONG KONG.

MYTEL 187 AND HOWELL'S LETTER OF 22 APRIL.

MCBAIN'S PROPERTY.

WHEN CONSUL ENQUIRED ABOUT THIS MATTER ON 7 MAY KUAN REPLIED THAT BECAUSE OF MCBAIN'S OFFENCES AGAINST CHINESE LAW, THE JUDICIAL SENTENCE IMPOSED HAD BEEN THAT HIS PROPERTY BE CONFISCATED AS PART COMPENSATION FOR THE CHINESE CLAIM AGAINST MOLLERS AND THAT MCBAIN HAD BEEN TOLD THIS. IT WOULD HAVE SAVED TROUBLE IF WE HAD FIRST ESTABLISHED POSITION FROM MCBAIN.

2. CONSUL SAID THAT HE WAS DISTURBED TO HEAR THIS. MCBAIN WAS VERY OLD, REMEMBERED LITTLE OF HIS DETENTION AND HAD TOLD US NOTHING

OF CONFISCATION DECISION. CONSUL WOULD NOW CONVEY THIS NEWS TO HIM. HE WAS SURE THE BRITISH GOV RNMENT WOULD MEANWHILE WISH HIM TO PROTEST, IT WAS NOT CORRECT TO CONFISCATE PRIVATE PROPERTY

TO COMPENSATE FOR A COMPANY

DEBTS: OTHER METHODS SUCH AS THIRD

COUNTRY ARBITRATION.WERE AVAILABLE.

Invection another pp. Please put with

стар

3. KUAN REJECTED THE PROTEST ON STANDARD LINES. TO CONSULS QUESTION AS TO WHETHER BASIS OF CONFISCATION WAS MCBAINS ALLEGED OFFENCES OR MOLLERS DEBT, KUAN REPLIED THAT IT WAS MAINLY THE LATTER.

4. CONSUL ASKED FOR TRANSCRIPT OF TRIAL TO PASS TO MOLLERS

IN CASE THEY WISHED TO COMPENSATE MCBAIN. KUAN REPLIED THAT THIS SHOULD BE RAISED WITH SHANGHAI AUTHORITIES. HE EMPHASISED THAT CONFISCATION ONLY MET PART OF THE MOLLERS DEBT. I AM AFRAID

WE HAVE NO REAL HOPE OF OBTAINING TRANSCRIPT.

5. CONSUL ALSO ENQUIRED ABOUT MRS MARTIN'S PROPERTY AND KUAN REPLIED THAT HE THOUGHT THE MATTER WOULD BE SPEEDILY RESOLVED AND A DECISION CONVEYED EITHER TO MRS MARTIN OR TO HER AGENT IN SHANGHAI. HE WAS STILL AWAITING INFORMATION FROM THE SHANGHAI AUTHORITIES. CONSUL ASKED KUAN TO CONVEY TO SHANGHAI AUTHORITIES MRS MARTIN'S PARTICULAR CONCERN ABOUT HER JEWELLERY. KUAN AGREED TO DO THIS.

CITIES/

/6.

25

-2-

6. CHINESE REACTION IS NOT UNEXPECTED AND I AM AFRAID THAT WE MAY

HAVE THE SAME ANSWER ABOUT MRS MARTIN'S PROPERTY.

7. CONSUL'S REMARKS IN LAST SENTENCE OF PARAGRAPH 2 WILL, 1 THINK, BE TAKEN BY CHINESE AS AN EXPRESSION OF PERSONAL OPINION AND NOT NECESSARILY AS CONSTITUTING H.M.G. OFFICIAL POSITION ON MOLLERS DISPUTE ON THE DETAILS OF WHICH I AM NOT CLEAR. IN CASE THE CHINESE REVERT TO THE MATTER, I SHOULD BE GRATEFUL FOR BACKGROUND.

MR. DENSON

FILES

CONSULAR D. F.E.D.

+

+

I HATE

Mr. Appleyar

Mr. Wilson

RESTRICTED

FEC 14/1

L4A

Reference.

+

Mrs. Martin's Effects

Mr. Jansen, a nephew of Mrs. Martin, telephoned me on 1 May. He confirmed the substance of paragraphs 2 and 3 of Mr. Howell's letter of 22 April (folio 64 below) adding that in her letter to him Mrs, Martin had explained that one reason for her reluctance to leave Hong Kong for the time being was her concern for the welfare of her old servants in Shanghai. She had requested the Hong Kong and Shanghai Bank to investigate the possibility of paying them off.

2.

Further, she had asked Mr. Jansen to call on the Chinese Mission here and seek assistance in arranging the recovery of her possessions in Shanghai, I suggested to Kr. Jansen that he waits for a day or two before doing this ideally, we ought first to establish for certain whether or not Mrs. Martin's effects were confiscated

-

-p

and that in any case it might be preferable to raise the matter through commercial channels (as Mr. Howells suggests). Mr. Jansen agreed to mark time.

3. I suggest that we ask Peking to approach the MFA, on lines similar to those followed in the case of Mr. McBain (see FCO telegram No. 71 of 3 March and Peking telegram No. 186 of 31 March), while suggesting to

Mr. Jansen at the same time he could go ahead and suggest to Mrs. Martin that she ask the China International Travel Service in Shanghai to pack her effects and ship them out. I attach a draft telegram to Peking.

(P. J. Roberts) 7 May, 1970

See

Suspert telegram:

Peking

I hon

wo. 330 out165

pardi 5~6 H, K, tel. no.35 to Reky

Jon 14

"Y

RESTRICTED

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry No.

DEPARTMENT FED

SECURITY CLASSIFICATION

Top Secret

Secret

Confidencial

Restricted

Unclassified

PRIORITY MARKINGS

Flash

Immediate

Priority Routine

}

Date and time (G.M.T.) telegram should

reach addressee(s)

(Date)

------

Despatched

I

PRIVACY MARKING

In Confidence

En Clair. Code Cypher

Draft Telegram to:-

Peking

No.

(Date)

And to:-

[Security classification

[Security_ if any

"]

]

[ Privacy marking

-if any

[Codetoord-if any]

Addressed to

telegram No....

And to

D

repeated for information fto

LIN-LI

Repeat to:-

Hong Kong

Saving to:-

Distribution:-

Copies to:-

Saving to

1-

ANNI

Th

Superio

Ir

PEKING

(date)

2. 12.

HONG KONG

-----|--- TNT-~~-~‒‒ırrım ------ IKASI KA

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DIYAH MAA

Howell's letter of 22 April to Davies:

Mrs. Martin's effects.

As in the case of McBain, we should like you,

at an appropriate moment, to seek the MFA's advice on the recovery of Mrs. Martin's effects from

Shanghai, in the hope more of establishing whether

ostaining they have been confiscated than of asking real

assistance. We are at the same time suggesting to

Mrs. Martin's nephew here (who had been asked by his

aunt to approach Portland Place) that he or she

should appoint CITS in Shanghai to act on her behalf.

RESTRICTE D

CYPHER/CAT.A

HONG KONG

TO FOREIGN AND COMMONWEALTH OFFICE

HONG KONG TELNO.35 TO PEKING

-18 APRIL, 1970

164 1

RESTRICTED

+8

ADDRESSED PEKING TELEGRAM 35 OF 18 APRIL RFI FCO.

YOUR TELEGRAM 157: PROPERTY OF BRITISH SUBJECTS IN CHIRA.

PLEASE COULD YOU ASK THE MFA ABOUT THE STATUS OF MRS MARTIN'S

PROPERTY IN SHANGHAI. IF POSSIBLE IT WOULD BE BETTER TO KEEP THIS

SEPARATE FROM YOUR APPROACH ON MCBAIN.

2. WE HOPE TO BE ABLE TO SEND A COPY OF MCBAIN'S LETTER TO CHINA

TRAVEL BY NEXT BAG.

FCO PLEASE PASS ROUTINE TO PEKING

SIR D. TRENCH

[REPEATED AS REQUESTED]

Nurse (65

FILES

CONS. DEPT.

FAR EASTERN DEPT. HONG KONG DEPT.

GGGGG

RESTRICTED

pare.5.

RESTRICTED

MAYS

SCR 1/1167/55 VIII.

Mirbanty

I have arready

Fre

22nd April, 1970.

winter, after suis Martin's nephew spike to me

hurl you SM.15

Here are two copies of McBain's letter to China International Travel Service, Shanghai. (Hong Kong telegramn No. 35). Please could one of them be passed to the Ministry of Foreign Affairs in whatever way and with whatever gloss you think appropriate.

2.

-

You will probably have heard about Connie Martin From Michael Wilford who sav her while he was in Hong Kong. She has recently had a slight relapse the matron at the Matilda had varned us to expect this when the excitement of release vore off and the admirable qualities which stood her in such good stead with the Shanghai Public Security authorities are proving a mild trial to the Hong Kong and Shanghai Bank.

3.

-

یا

She is hankering, poor old thing, for her possessions in Shanghai; especially for the diamonds given her by her husband two rings, a bar brooch and a vátch (or bracelet). I don't think that she seriously hopes to get them back, but if the M.F.A. do not specifically confirm that her property has been confiscated (para. 9 of my letter of 9th April to Colin Wilson) she will probably wish to refer to China Travel in Shanghai as McBain has done.

4.

I am sending a copy of this letter to Len Appleyard in Far Eastern Department.

H. Ll. Davies, Esq.,

PEKING.

(C.J. Howells)

Assistant Political Adviser.

Encls.

164

RESTRICTED

[

+

Flat 120, Estoril Court, Garden load, Hong Kong.

14th April, 1970.

China International Travel service,

Shanghai, People's Republic of China,

Dear Sirs,

Until my departure from China in February this year I rented a flat in the wei Hai building, 1202/704 Ilusi Hai La Central, Shanghai, in which I left all my personal effects. I should now like to appoint you as my Agents to pack all these effects and transport them to Hong Kong. Would you please be good enough to confirm that you can undertake this on my behalf, I will be responsible for the costs, which will be remitted to you from Hong Kong upon receipt of your account.

My present address for correspondence is e

V. 2. Helain,

Flat 140, Estoril Court, Garden Load,

Hong Kong.

I should like all sy effects to be packed and erated

and sent by rail to Kowloon Hailway Terminus, from vhence I will arrange to collect. Insurance during transportation in China will not be necessary. Please let me know

Flease let me know if there are any other formalities with which to comply.

The Office of the British Charge d'Affaires has spo to the Ministry of Foreign Affairs in Peking about this matter. I abould be grateful if you would try to expedite despatch as much as possible.

Yours faithfully,

V. 2. Hellain,

E

Fac 14/1

Far Eastern Department

24 April, 1970

bo

Please refer to your letter of 15 April to the Secretary

of State, which has been passed to me. I apologise for not

returning the photograph of Mrs. Martin earlier, and now enclose

it. Thank you for letting us see it.

I must take this opportunity to tell you how very pleased

we all were at Mrs. Martin's release,

M. Kepple, Esq.,

Brambledown,

Welton Drive,

8 tourington, Sussex,

م بھی

Par. 287

2574

(P. J. Roberts)

HISZEN DA. 391999 1,500 2109 Hw.

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry No.

SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential.

Restricted

Unclassified.

PRIVACY MARKING

DRAFT Letter

To:-

M. Kepple, Esq., Brambledown

Melton Drive,

Stourington,

Sussex.

+4

In Confidence

Type 1 +

From

P. J. Roberts

Telephone No. & Ext.

Department

Please refer to your letter of 15 April to the

Secretary of State, which has been passed to me, Ι

apologise for not returning the photograph of

Mrs. Martin earlier, and now enclose it,

for letting us see it.

Thank you

I must take this opportunity to tell you how very

pleased we all were at Mrs. Martin's release.

19:24/

4

<.M. 7.4

CONFIDENTIAL

Reference.

( ?

disgorged

Mr. Morgen

Roberty

Arrest of Mrs. Martin

This letter is of considerable interest. Perhaps the most striking point is the haphazard and unplanned way in which Mrs. Martin's arrest (and that of Mr. KcBain) was ordered in Shanghai on the basis of vague circumstantial information and what amounts to a general feeling among Shanghai security officials that, though they could not put their finger on precise evidence, Mrs. Kartin was up to no good. This is of course the way the Chinese security officials deal with their own people the idea being that evidence of a kind is bound to be unearthed in the course of interrogation. In any case, they would be under no obligation to provide an explanation to the Chinese if, even after prolonged investigation, they were unable to uncover any damaging facts.

2.

-

Another implication of Mrs. Martin's case is that, as we suspected, the operation was undertaken by Shanghai officials off their own bat and that Mrs. Martin was only disgoed after representations or enquiries from Peking. Clearly the Shanghai officials made a hash of the whole affair, which is presumably why they resorted to crude blackmailing tactics at the end to try to hush up the matter.

3. The suggestion in paragraph 6 of Mr. Howell's letter that a case may be in preparation against Mrs. Lucy Chang sounds ominous and all too likely.

As you will remember, Krs. Chang is a British subject (she is Scottish) and has a son in Shanghai by her Chinese husband. Her son is prevented from leaving Shanghai since the Chinese regard him as a Chinese citizen, and this is why Mrs. Chang did not attempt to leave China after the suicide of her husband. Mrs. Porta is not a British subject (she is, I think, Russian) and I doubt if the Shanghai officials would be able to make much of her. We can only hope that the mess which the Shanghai authorities made of the cases of Mrs. Martin, Mr. McBain, Captain Ray and Second Officer Duff, will finally have prompted Feking to take a firm line with Shanghai. But this may well be a forlorn hope.

Enter a cary Hayasuto P.U.S,

Research Dept.

I.RO.

Lux preggo

(L.V. Appleyard) 16 April, 1970

Mr. Munay miunted (on Hongkongtel.

1

wo. 219)

that we ought to consider whether to make a formal purkst

CONFIDENTIAL

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to the Chinese about their disgusting

treatment of Mt. Martin.

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When

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30.294.

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26000777

10,000-10,69-374265

SCR 1/1167/55 VIII.

Dean Colin

CONFIDENTIAL

COLONIAL SECRETARIAT

LOWER ALBERT ROAD HONG KONG

9th April, 1970.

Mrs. Constance Martin

Hong Kong telegram No. 219 promised a fuller

report when we had spoken to Mrs. Martin.

2.

-

She is in good health and resilient spirits and is remarkably uncoved by her experiences. She appears to have kept up a lively dialogue with her principal interrogator right to the end he accompanied her to the border and when she had been made to read the works of Mao and other communist material in prison she would cite it for her own ends. Her aim in the dialogue vas to express vell-bred indignation at her treatment, What her interrogators wanted, or indeed why they arrested her when they did is less clear,

3.

She was taken to prison in her dressing gown in the early hours of 23rd October, at the same time as McBain, though she was unavare of his arrest until she reached Hong Kong. She was painfully handcuffed and made to bow in apology for police photographers who also took many pictures of her house. Immediately afterwards she vas taken to the Nantao detention centre and charged, in her first interrogation, with unspecified acts unfriendly and dangerous to the Chinese people.

4.

At the detention centre she was kept in a cell with occasional solitary yard exercise. There vere tvo meagre meals a day, water to drink, and constant surveillance by pettily vindictive women warders, She was not allowed to rest during the day, she did not get the weekly allovance of hot water, was forbidden to wear a cardigan for yard exercise, and could not shut her window in cold weather. But her bedding and a fev toilet things were fetched to the prison from her home.

5.

Her interrogation took place in vhat was called a courtroom at the prison. She sat in an upright armchair (with straps to hold down the occupant, which in her case were not used) before her interrogator who was at a table

c. Wilson, Esq.,

Far Eastern Department,

Foreign & Commonwealth office,

London, S.V.1.

CONFIDENTIAL

contd./...

CONFIDENTIAL

2-

with an interpreter, a stenographer and occasional observers. She was told at the outset that the Chinese government knew all and that she would be treated leniently if she confessed. But there were no specific charges. To begin with the interrogations were held daily, but the frequency later diminished to once a week or less. She signed the record of each interview, not without protest at inaccuracies. As the process continued five points crystallised from the demands for biography and general confession:

How did they know this?

(a) Slander. She vas accused of having said

"Dann Mão Tse-tung" and of having blamed the Cultural Revolution on Chiang Ch'ing. The gulf between her and her questioners must have been clear to them in her explanation that her "Damns" vere conversational and insignificant and that she thought Mao had too kind a face to have started the Cultural Revolution himself.

(b) Collecting information. In particular she was said

to have shown interest in where Mao might stay

in Shanghai, and to have mentioned this to Garside when he visited Shanghai from Peking shortly before her arrest.

Apparaty dhe torch Mr. (c) passing information.

Garside about the Muous while driving

around S'hai In a bank on the

car:

driver which have

eavesdropped.

ок

Onc. 2/7

지구

1

This mainly concerned a contribution on Shanghai which she had typed for the Hong Kong and Shanghai Bank's centenary publication.

(d) Illegal consular activities.

This charge vas based

on 29 letters she was said to have exchanged with Peking, all concerned with charity for members of the British community in Shanghai, Her interrogator also suspected that she had received instructions vhen she said goodbye to Hewitt and Whitney when they left Shanghai in 1967.

(e) Currency offences. The Chinese authorities knew that Mrs. Martin had from time to time exchanged JMP for HK$ or sterling to help members of the foreign community vho were leaving Shanghai. They seem to have opened her file when Harres of "Messagēries Maritines" mentioned this to them

during the course of his interrogation. He was arrested in the early-"605. They also knew that she had changed money for Mrs. Rachel Levy who left Shanghai in the late "60s.

CONFIDENTIAL

contd./...........

6.

CONFIDENT! AL

3

Mrs. Martin's questioners shoved no interest in Johnston, but they vere clearly keen to extract as many Chinese names from her as possible. She was also asked in detail about Mrs. Anna Porta, the widow of the former custodian

of the Italian Consulate, and about Mrs. Lucy Chang, a British subject whose Chinese husband, a former Nationalist naval officer, killed himself in the early stages of the Cultural Revolution. It is possible that cases may also be in preparation against these ladies.

7.

She once caught a glimpse in the prison corridor of Kostrometinoff, the former "South China Morning Post" Shanghai correspondent.

8.

Mrs. Martin clearly thought that her M.B.E., her purely social conversations with members of the Mission from Peking and her assistance to British subjects and other

But she foreigners in Shanghai contributed to her troubles. vas puzzled by her arrest, as well she might be. During her interrogation she denied any hostility to China and her absence of rancour must have been apparent. In the end she signed a formal acknowledgement of unspecified anti-Chinese offences, and wrote an extensive confession, which they asked her not to make too long as it had to be translated. There were other signs of haste at the end of her imprisonment which she interpreted, perhaps correctly, as a response to representations made to the Chinese government.

9.

It is possible that her last interview with "a fat, unpleasant-looking man" whom her own interrogator deferred to vas a trial in Chinese eyes. In any event there was a sentence. She had to bow in apology while told that she must leave immediately for Hong Kong. She thinks, but is not certain, that her possessions were also confiscated, Her passport is marked "Deported" and is stamped with the "Seal of the Chief of the Shanghai Public Security Bureau".

10.

The interrogator and interpreter, together with a warder and wardress, escorted Mrs. Martin on her train journey to the border. She seems to have taken the opportunity to make representations about her servants and the cats left behind at her home in Shanghai. The interrogator at last

The cats were dead. implored her not to go on.

He had earlier observed that preoccupation with animals vas a characteristic of imperialists. So it was concern for her servants and cats rather than self-pity which accounted for Mrs. Martin's tears at the border which some newspapers noted.

CONFIDENT L

contd./.................

+

CONFIDENTIAL

4

11.

Just before she crossed over she was told by her interrogator to mention only that she was arrested for espionage, and to say nothing about her imprisonment. Otherwise the pictures of her boved in apology would be published. It may be that the Shanghai authorities vant to draw a veil over the absurdity of it all, or even that they have reported the trial to Peking in rather different terus. Meanwhile Mrs. Martin is planning to return to England. It is a sign of the character which brought her through an unnecessary ordeal with flying colours that after spending 68 of her 72 years in Shanghai she speaks of this as "going home".

12.

I am sending a copy of this letter to Hugh Davies in Peking, and will be writing to him separately about Mrs. Martin's property.

Yours w

Christophen

(C.J. Howells) Assistant Political Adviser.

CONFIDENTIAL

HEALTH

OFFICE

TO APR 1970

ALTOONS BET10

FEC

14

Secretary of State,

Foreign and Commonwealth Office, LONDON, S.W.1.

Dear Sir,

FE

6

Brambledown,

Melton Drive,

Storrington,

Sussex.

15th April 1970

re Mrs. Constance Martin

With reference to my letter of the 16th March and the subsequent telephone conversation with Mr. Roberts (Ext.161), please return the photograph of Mrs. Constance Martin as requested.

We are of course naturally delighted that the Chinese have decided to release her from detention.

Yours faithfully,

шикни

M. Kepple

An ungracions deste, as was to De expected.

Draft reply, with photograph,

тери

FOR 23 / 2V

23/iv

to issue.

1

I

·

I

FEC

Reference.

JI ------ILI.

54

by

Mr. McBain's Property.

the agreed that the shared await

the comments of fur. McBain and his relatives which wise me doubt be passed on to Pering the Political Adviser in stang Kang. Failing A response from hting Kong in the nest couple of weeks, I riggers that we rend a chater to remind them.

Ar the manent

my

own new iŠ that

while for formal reasons we shared an or

на

Rission to keep up pressure on the MPA, through

sending follow-up

Noves (and if necessary by a

N

further interview), the best answer would be

for

the relatives to passure

their enquires

though CTS in Hong Kong

Linfreeyor 3/4

Please B/U this

Enter

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16/4

is file 17/4

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330

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A 444 above.

P.FOR.

I

Reference.

:

Mr. Wixom

Mr. Magway ens

Haffiily retaken by

Red & dfore.

I

Mrs. MARTIN

Mr. Aitkenhead's letter of 19 March

at (44). I have acknowledged.

Mr. Taylor telephoned

fare

انات

morning,

hin the addresses f

Chinese Chargé d'Affaires in

, and I

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London

and

of

Premie Chon En-lai,

:

the

said by alteration was

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mission here

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ctorial subject) and a smakar

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Landen initiative.

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quotation from

Chairman

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تسبها

25/0

58

CONFIDENTIAL

CYPHER/CAT A

RECEIVED IN

PRIORITY HONG KONG

REGISTRY N: 50

TO FOREIGN AND COMMONWEALTH OFFICE

TELEGRAM NUMBER 219.

3 APRIL 1978.

FEC 14/1

CONFIDENTIAL ADDRESSED FCO TELEGRAM 219 OF 3 APRIL RFI PEKING.

MY TELEGRAM 215: MRS CONSTANCE MARTIN.

155

MRS MARTIN 16 BEING TAKEN CARE OF BY THE HONG KONG AND SHANGHAI

BANK AND IS RESTING IN COMFORT UNDER OBSERVATION AT A HOSPITAL

GUEST FLAT. DESPITE HER YEARS AND RECENT EXPERIENCES, SHE SEEMS

TO BE IN REASONABLE HEALTH AND SHOULD SOON BE ABLE TO DISCUSS THE

REASONS FOR HER ARREST, HER TREATMENT UNDER INTERROGATION, AND

WHETHER OR NOT THE PROCESS CONSTITUTED A TRIAL. MEANWHILE WE

UNDERSTAND THAT SHE WAS HANDCUFFED ON ARREST, CHARGED WITH SPYING

AND LODGED IN A CELL. THE INTERROGATION WAS INTENSIVE AND SHE SIGNED

AT LEAST ONE CONFESSION. SHE KNOWS NOTHING ABOUT CROUCH AND

JOHNSTONE.

2. A FULLER REPORT WILL FOLLOW WHEN WE HAVE SPOKEN TO HER.

FCO PLEASE PASS PRIORITY TO PEKING

GIR D.TRENCH

[REPEATED AS REQUESTED]

DEPARTMENTAL DISTRIBUTION

F.E.D.

CONS DEPT.

H.K.D.

NEVS DEPT.

I.R.D.

I.P.D.

RES. DEPT. (F.E.SECT)

Mr. How received

tree. We shd.

1910/4

amount the promited report.

? Ruban 15/4

Mr. Maxray

We shall kaos in

cline

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PR/NV 기초

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Mr Martin won sale that are ment wote a

CONFIDENTIAL

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fun and to be the cave.

W

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Алена.

J

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F=

Parl

offies

BRITISH # GPS DETAILED DI COTTA

Fr 14/1

The draft reply to Mr. John Tilney's question

that I submitted yesterday requires amendment in the

light of the Chinese release of Ere. Constanee Hartia,

the employee of the Hong Kong and Shanghai Bank in Shanghai

ne detained by the Chinese orthorities on 23 October 1969.

I attach a list of draft alterations.

2.

Coniau ter Sir 8. Te

Sir 8. Tenlinnas

Kr. Filford e.r.

Mr. Golden,

o

(0, Wilsm)

2 April, 1970.

.7/4

157

(a)

Line li for "Night" að "Seven".

(W)

Notes for Burnl

Answer

No. 5, title: for "eight" read "seven".

Add the following Bete fer Supplementarios:

*De_we_case_VÊT

Chlagte hare relenged Ira. Hart:

10. To. The Chinese have sever told us the reason

for her detention. Je naturally welcome her release."

(e) Remove Ers. Kartin's some from the list to be sireulated

in the Official Report.

Far Eastern Departmen

2 April, 1970.

1

CLAIR

IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE TO HONG KONG

TELEGRAM NUMBER 196

UNCLASSIFIED

155

2 APRIL. 1970.

FEC 14/1

(FE)

YOUR TELEGRAM NO. 215: MR3. MARTIN.

GRATEFUL IF YOU WOULD PASS THE FOLLOWING MESSAGE TO

MRS. MARTIN FROM HER RELATIVES.

BEGINS.

ALL FAMILY INCLUDING MARTINS ARE OVERJOYED AT THE NEWS OF

YOUR RELEASE. GREAT WELCOME AWAITS YOU ON YOUR RETURN TO US.

LETTERS FOLLOWING BUT IF WE CAN DO ANYTHING MEANWHILE PLEASE

CABLE. LOVE FROM ALL. CLINTON.

ENDS.

STEWART

FILES:

F.E.D..

H.K.D.

&&&ali

Ja pr. 2/4

56

NOTHING TO BE WRITTEN IN THIS MARGIN

abtha

0.209507

0120

Registry No. FE

DEPARTMENT

""CURITY CLASSIFICATION

Top Secyst

Secret

Cogfidential

Matriated

Unchasified

PRIORITY MARKINGS

(Date)

Despataked

Prote Immediate Prioncy

Date and time (G.M.T.) telegram should

reach addressee(s)

#2 APR Ath

DICHWANIA Z

1036

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PRIVACY MARKING

In Confidence

En Clair. Code Cypher

Draft Telegram to:-

Hor Kong 196

2/4

(Date)

And to:-

Repeat to:-

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NOTHING TO BE WRITTEN IN THIS MARGIN

En Clair

FLASH HONG KONG TO FOREIGN AND COMMON-EALTH OFFICE

Telno. 215 2 April 1970

UNCLASSIFIED

Addressed to FCO telno. 215 of 2 April

Repeated for information to: Peking.

TOP COPY

*

My telno. 210.

Mrs. Martin arrived this morning.

Sir D. Trench

DEPARTMENTAL DISTRIBUTION

F.E.D.

Consular Dept

H.K.D.

News Dept

I.R.D.

I.P.D.

bbbbb

KH

Ext 14/1

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35

popr. 214

EN CLAIR

TOP COPY

IMMEDIATE FEKING TO FOREIGN AND COMMONWEALTH OFFICE

TELNO. 198

UNCLASSIFIED

2 APRIL 1970

ADDRESSED TO FCO TEL NO.198 OF 2 APRIL AND TO

GOVERNOR HONG KONG.

HONG KONG TEL NO.210.

4+1

[MRS MARTIN]

Facial....

WE WOULD LIKE TO TELL JOURNALISTS HERE AT SAME TIME

AS ANY ANNOUNCEMENT IS MADE EITHER IN HONG KONG

OR LONDON.

GRATEFUL THEREFORE IF WE COULD HAVE ADVANCE WARNING OF YOUR INTENTIONS.

MR. ALLAN

DEPARTMENTAL DISTRIBUTION

F.E.D.

CONSULAR DEPT

H.K.D.

NEWS DEPT

I.R.D.

I.P.D.

+

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I, A 72-YTAF CLD BRITISH AWAY HELD M FUMIGA. "OBER, A GOVERNMENT SPOREDIT G110.

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XAS MARTIN CROSSED THE BORD 1975 Bela KŒIG JUST AFT CT TODAY.

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SILVER-HAIRED NFS MATCH! SPRIT MEST OF HER LIFE M ==CEIT YEARS SIME LIVES CUITLY 1" SHAVERT WITH 17 CA

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PR

6/4

KER ARREST CAME AT MOÛT THE SANS TJUK. AS AVCT IE" "LURLY BON, BUSHESSKAN BILL #ORIE, 79, 10 7 RELEASES CA FURY 14.

WES MARTIN'S RELEIST LOWES · HABITOUS STILL IELD IN CH TA.

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0751

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Reference

14

(52

Nisa Kackwáy

(Honours Section, Protocol & Conference Dept.)

CITATIONS

He have been asked by the China Association (who are a respectable organisation) whether we can supply any details of the citations for awards to two elderly Pritish subjects resident in Shanghai. They are Mrs Jonstance Martin, MEE, and Mr William McBain. 03. I believe these honours were awarded around 1966

2. I should be grateful for some diluted citation (e.g. "for services to the British community") which we could pass on to the China Association.

PfFibers

(P.J.Roberts)

Far Eastern Department

Room K 248

26 karch 1970

me. Bush

Mr. F.J. Roberts

I have checked our records for details of the awards made to Mrs. Martin and Mr. McBain,

China Association Mrs. Martin received her M. B. E. in the Birthday 1963

ist and Mr. McBain received his 0.B.E. in the Birthday 1966 List.

વાડજ ભય

|

In Mr. McBain's case the entry in the London Gazette read: "British subject resident in China"; in re. Martin's case the entry was: "British subject resident in Shanghai"

I am afraid that, except for awards for gallantry, details of citations are never made available, even to the recipients themselves.

I have, however, looked at the citations for these two awards and find that in each case they were given for services to the British community. There would certainly be no harm in your passing this information to the China Association.

bk. Markway

(Miss) M.E. Mackway

Honours Section

Protocol and Conference Department.

1 April, 1970.

مم

I have

passed

Xur. Bush

fuo

on

tuka [mibin/Martin]

a

i

!

1

PX

(FEC 14/1)

Far Eastern Department,

31 March, 1970.

Thank you for your letter or 19 March about Mr. Arthur Taylor's appeal to Chinese authorities on behalf of Mrs. Martin.

Mr. Taylor telephoned me this morning. I told him that we thought his proposal kind-hearted and helpful, and gave him the address of the Chinese office in London of Premier Chou En-lai. I added, however, that in my opinion direct communications to other individuals in Shanghai or Paking could indeed come to rest rather quickly in the wastepaper basket, as he feared, and would hardly be effective as a means of stimulating interest. And I fear that I may have dis- appointed Mr. Taylor by suggesting that the Chinese poem he had selected to accompany his appeal would probably strike addressess as dangerously counter-revolutionary and that a choice quotation from the Thoughts of Chairman Mao may be more acceptable!

(P. J. Roberts)

G. G. Aitkenhead, Esq.,

London Manager,

The Hongkong and Shanghai Banking Corporation,

9, Gracechurch Street,

LONDON, E.0.3.

(118201) D4. 391999 - 1,3004 2009 Hm.

NOTHING TO BE WRITTEN IN THIS MARGIN

Fee

Registry No.

14/1

BRITY CLASSIFICATION

Top Secr

Secrety

Confferfial

Restricted. Unclassified.

PRIVACY MARKING

In Confidence

issue.

DRAFT leffe

To:-

6.G. Aitkenhead, Esq

hondon Manage.

The Hongkong

Type 1 +

From

"Telephone No. & Ext.

Department

PRO

"Shanghai tantifing Corporalia,

справата 9, Gracechurch St, E.c.3

1

Thank you for your letter off

19 March about Mr. Arthur

Taylor of appeal to Chinese

authorities

ties on

Kers/ Martin,

his

behalf of

Mr. Taylor telephoned

me the

1

I told him that

we

thought

proposal Kind-hearted and

working

предре

and

Jave

him the address

4

the Chinese office in honder &

Premier Chon Enelai. Idiomated

thinte, from sending separate

Communications to takindrats in

Peking & Shanghai thars

wh

on the

grounds that has fold

do

д

herere, that in

my

communications

in Shanghai

added, howeve,

ginion

firest

Ather individucho

to /individuals Peking comed

in

comed indeed come to

quickly

test

rathe

waste papa

basket

and

bs

a

interent.

1

in the

as he feared,

woved hardly be effective

f stimulating

means f

And j

& fear

That I

may have disappointed pro. Taglor

by suggesting

that the Chinese

Рост не

poem be wat selected to

acc

accompany

his

ара

app cal

would probarly

Langermoly

Strike addresses as / Abjectidiabby

counter-revolutionary

remth and

that a

churice quotatif

for the Thoughts of Chairman Mao

may be more

acceptable

!

Pls. 253

NOTHING TO BE WRITTEN IN THIS MARGIN

CONFIDENTIAL

CYPHER CAT A

IMMEDIATE HONG KONG

TELEGRAM NUMBER 210

TO FOREIGN AND COMMONWEALTH OFFICE

RL 1 APRIL 1970.

CONFIDENTIAL

EC 14/1

(49

ADDRESSED FCO TELEGRAM 210 OF 1 APRIL RFI PEKING.

MY TELEGRAM 117 : MRS MARTIN,

مرح

THE SAME EXCHANGE BROKER WHO IS ON A VISIT TO CANADA TELEPHONED

FROM THERE TO SAUNDERS OF THE HONG KONG BANK TODAY TO SAY THAT MRS

MARTIN WOULD BE RELEASED TOMORROW. THE MESSAGE CAME TO THE BROKER

THROUGH HIS OWN OFFICE IN HONG KONG AND PRESUMABLY THROUGH THE BANK

OF CHINA.

2. IT IS NOT CLEAR WHETHER WE MAY EXPECT HER AT THE BORDER TOMORROW

OR THE NEXT DAY.

FCO PLEASE PASS IMMEDIATE TO PEKING.

SIR D. TRENCH

DEPARTMENTAL DISTRIBUTION

F.t.D.

CONSULAR DEPT. HONG KONG DEPT.

NEWS DEPT.

I.R.D.

I.P.D.

NNNNN

REPEATED AS REQUESTED/

CONFIDENTIAL

CYPHER CAT A

ROUTINE PEKING

TELEGRM NUMBER 187

102 CORY

RECEIVED IN REGISTRY No. 23 1 APRI9/0

RESTRICTED

TO FOREIGN AND COMMONWEALTH OFFICE

31 MARCH 1973.

1

RESTRICTED

Ec k

ADDRESSED TO FCO TELNO 187 OF 31 MARCH AND TO HONG KONG.

M.I.P.T. (MR. MC BAIN]

1 AM AFRAID THAT MEA RESPONSE WAS AS UNHELPFUL AS WE HAD

EXPECTED. CONSULAR DEPARTMENT'S QUESTIONS SHOW THEY ARE

ILL-INFORMED ABOUT THE WHOLE AFFAIR. I FEAR THAT WE MAY

HEAR NOTHING MORE ABOUT OUR ENQUIRY, ALTHOUGH WE ARE PREPARED

TO REMIND THEM, I BELIEVE THAT IT WOULD BE QUICKER IF FAMILY

NOW APPROACHED SHANGHAI OFFICE OF CHINA INTERNATIONAL TRAVEL

SERVICE. IT WOULD BE ADVISABLE TO PROVIDE THEM WITH AS FULL

A LIST OF THE PROPERTY AS POSSIBLE. WE SHOULD ALSO LIKE A

COPY IN CASE MFA REQUEST IT LATER.

MR. ALLAN

FILES:

CONS.D. F.E.D.

DDDDD

RESTRICTENT)

1

P

1

EN CLAIR

PEKING

NO 186

TO

FOPEIGN AND COMMONWEALTH OFFICE

31 MARCH 1970

COFY

RECEIVED IN

REGISTRY No. 23

47

1 APR 1970

UNCLASSIFIED

ADDSD TO ROUTINE FCO TELNO. 186 31/3 AND TO HONG KONG.

[2316]

YOUR TEL NO. 101; MCBAIN'S PROPERTY.

WE HAVE BEEN APPLYING FOR INTERVIEW WITH MFA SINCE MARCH 9. CONSUL, ACCOMPANIED BY GALSWORTHY, FINALLY SAW KUANG OF

CONSULAR DEPARTMENT AT 11.900 AM ON 26 MARCH.

2. CONSUL ASKED FOR MFA'S ADVICE ON PROCEDURE MCBAIN SHOULD ADOPT TO HAVE HIS PROPERTY DESPATCHED. KUAN REPLIED THAT HE WAS UNCLEAR ABOUT THE MATTER BUT HE UNDERTOOK TO ASK THE SHANGHAI AUTHORITIES, WHEN ASKED WHAT PROPERTY WAS INVOLVED CONSUL REPLIED THAT IT CONSISTED OF CONTENTS OF MACBAIN'S HOUSE INCLUDING, HE SUPPOSED, FURNITURE, BOOKS, CLOTHING AND OTHER THINGS. KUANG ALSO ENQUIRED WHAT WAS MCBAIN'S WORK. CONSUL REPLIED THAT HE WAS AGED 78 AND HAD BEEN RETIRED SOME YEARS BUT HAD PREVIOUSLY WORKED FOR A NUMBER OF COMPANIES IN SHANGHAI. HE REQUESTED A REPLY AS SOON AS POSSIBLE.

MR. ALLAN

FILES

CONSULAR DEPT.

F.E.D.

NNNNN

T

31/5

Dear Roberts,

L

!

:

FEC

Hrs. Connie Kurtin

Office of the British

Charge d'Affaires,

Peking.

10 March, 1970.

46

1. Mr. Danes Letter 16/3

to be despatched

Аф

17/10

2.M. A

Mr. Willingh

I am enclosing a copy of a letter which we have recored tofoc from group 194" of the Swedish Jection of Amnesty Intern.tium.1 asking for further information about Ers. Connie Martin ho hus apparently been "adopted" by then. The Swedish Embassy

have received a similar letter but are proposing to write that they are leaving a substantive reply to us.

2. I asked the Swedes whether this "group 194" is ont/ ne of several small ones or whether it represents the 3wedi Section per 92. They do not know but incline to the vie. as we do, that it is only a small group.

3. I enclose a reply which, providing you see no objection, you could pass through our Embassy in Stockholm.

4. As to the general question of publicity etc. for British subjects detained here, this is, I believe, something that the Charge will be discussing during his forthcoming consultations in London.

5. I am copying this letter to Chancery at Stockholm and to Howells in Hong Kong.

Your.

coel

Hus

(H. Ll. Davies)

3. tute

ора

PC 16/3

P.J. Roberta, Esq.,

Far Eastern Department,

Foreign and Commonwealth Office.

RESTRI XED

amnesty international

swedish section

British Astaway. Peking

tintilisha

Og nu a takder of the group 19% of the swediat asotaón nf Anretty Teternatimaye Gur grond kan just adaptedˇw prisoner in. Bánh. That we know

*s Zillowingi Ter name is Mra Constance Harry, enfim elitser i portion, she so a widow and has lived in China, Shathat, for 45 years

dha a... ghzlével as moorstart to dancer of Thanhai vranab of Honorize and bask until she was arrested. She 1 voi miɔne în Shanghai, with dir, › ChiroNE CASTLE" And livat a quiet life and did take no interest at alt

politics. The okces to remain in China when the ossmeist governant save te ****_* **19, and many Coralgn "esidents left the country, Du about 22 Cutokar nel '

Hartin

var arrested in Shanghai. He formal obarge hes na.far as we kout, bann Pita Meu Martin in said to have been detained for en uráneclfing fartuet. 'a mantenze and beer guaxed nad we think she is pragueably held in pries

bra 14

the imbassy could help us to get further informations about

(* y*g* n*{nga ana ja malt, 17 ana bezalkaa tapan "l"59-883 s. *. đu 471 cozy asgar to get in contact with her sad to try je hele bør in MA, Cry ko như cfønt tud er in the prison during the winter,

Tours vary sincerely

/Kajas Kerngren/

Bffice of the British

Charge d'affaire,

poking.

10 March, 1970.

Dear Mr. Herngren,

Thank you very much for your letter datemarked

27 February which has just reached us.

We are pleased that your group has adopted Mrs. Constance Martin, and we very much hope that you will be able to stimulate interest in her case both within ..mnesty International and within Sweden, We, for our part, cannot understand what reasons the Chinese authorities have to detain her.

The details about Mrs. Martin which you have given in your letter are essentially correct. She is aged 72 or 7. Her arrest took place on 22 October 1969. You may like to know in addition that she was an extremely charitable idy who devoted a great deal of time and income to aiding the few remaining elderly foreign residents of Shanghai. One aspect of her kindness also extended to animals; at home she kept seventeen cats which had had to be abandoned in the past by other foreigners who had left Shanghai.

As to the other questions which you raise in your paragraph I regret that we ourselves have been unable to obtain information on these matters from the Chinese authorities, We assume that Mrs. Martin is held in a Shanghai prison or detention centre and as far as we know no trial has taken place, but we have no facts to support these assumptions.

You may like to know that ever since Mrs. Martin wis arrested this office and the Foreign and Commonwealth Offica in London have been continually pressing the Chinese authorities for information about her case and for Consular access to jr. The Chinese have refused both, as they have in the cases of seventeen other British subjects detained in China. This refusal to provide information or Consular access is of course contrary to normal international codes of behaviour.

Mr. Kajsa Herngren, Amnesty International, Swedish Section,

Karlavägen 86,

S-115 22 8tockholm, Sweden.

(H. Ll. Davies)

Consul

F

CS. 41A

2600077

10,000-5/8-370149

Падвай Рин, бества о сайте

The

elearly

Older

for for as

CONFIDENTIAL

девету

sositive to visit of by merkers

SCR 1/1167/55

COLONIAL SECRETARIAT

PR.17/20

Aission in Rebing. They deal regard day Afr.? teitär Dear bolin to debrief

debrief Betish Natisnold

de stat per in'

Stayhar

An Affley

Mr. William McBain E

·LOWER ALBERT ROAD

HÀNG HONG

7 March, 1970,

film 2/3.

We gave you some preliminary information about McBain in our telegrams Nos. 103 of 14 February and 125 of 24 February. His nephew, George McBain, sav him nearly every day in hospital and advised me to postpone my visit in the hope that he would recover some of his memory. I eventually made my first visit to him, accompanied by George McBain, on 6 March and stayed about 45 minutes.

2.

McBain seemed to be physically in not too bad a shape. He was mentally alert and spoke coherently but was suffering from a bad memory. His opening remarks vere that he was not well in the head and couldn't properly remember a lot of what had happened to him. His account was frequently interrupted by the remarks "I can't remember" or "I have forgotten". He said that because of his bad memory he feared he might mislead me unintentionally but would do his best.

3.

He said that he was arrested in the middle of the night on October 23 when he was asleep. He had had absolutely no varning or indication that trouble was brewing (but see para. 6 below). He had been taken straight to a jail and put in a cell in solitary confinement with wooden boards for sleeping and a quilt. He had been interrogated and accused of being a spy. He denied that he had ever spied. His interrogators asked him who then had written to the British Mission in Peking informing them that the former British Consulate-General's premises in Shanghai vere occupied by soldiers. He replied that certainly he had not written that or any other letter to the British Mission in Peking. They said that if he was not a spy hov could he explain the fact that he had received an 0.B.E. There was another one with the same decoration who was also a spy but they did not mention Mrs. Martin by name. This is all that McBain can remember of his interrogation. He remembers being returned to his cell and some time aftervards waking up in the prison hospital where he was told by a kindly attendant that he had been vomiting blood and had had so many transfusions that he had more Chinese than British blood. But the attendant refused to tell him how long he had been in the hospital, McBain vas transferred from the hospital to the train for Canton, accommodated overnight in a hotel, always under escort, and the next day pushed over the border at Lo Wu on a luggage trolley.

45

/contd....

C. Wilson, Esq.,

Far Eastern Department,

Foreign & Commonwealth Office,

LONDON, S.W.1.

CONFIDENTIAL

1-31/3..

Do

po.

CONFIDENTIAL

2

The whole period from his arrest on October 23 to his arrival in Hong Kong on February 14 seems to be a relatively short incident in his memory which took him hardly more than five minutes to tell.

4.

In reply to my questions he said that David Johnston was never mentioned and he knev nothing more about that case. The same applies to van Roosbroeck. So far as Mrs. Martin is concerned his interrogators made only the one indirect reference to her, so far as he can remember, when they referred to a second person who had received the 0.B.E. (in fact an M.B.E.). He had reasoned from that statement that she must have been arrested but he was not sure of that fact until he arrived in Hong Kong. He imagines that Mrs. Martin may well have written a letter to the British Mission in Peking in which she may have mentioned that soldiers were in the premises of the former British Consulate-General. He said that her office window overlooked the Consulate-General's compound.

He knew of no other activities on her part which might have explained the Chinese suspicions that she was a spy.

5.

In reply to my questions he also said that the interrogators had asked him about his meetings in Shanghai with i st"bbe members of the Peking Mission staff. He had replied that a

short time before his arrest he had met Roger Garside. He told me that it was he and not the interrogators who first mentioned Roger Garside's name,

of the Faming Arte Censura's

just.

Високи

6.

He gave me the following explanation of the claim against Mollers. Some relatively short time before his arrest, so far as he can remember, he was told that the Customs had a claim of about 150,000 "dollars" (by which I suppose he means Chinese currency). He had replied that he couldn't do anything about that unless the claim vas put in writing and some indication given of what part of the total vas supposed to be customs dues and what part was a fine. When he received the communication it was for a total of 1.5 million ("dollars"). He claims that he had informed Mollers in Hong Kong of these claims but had had

George McBain tells me that Mollers here deny ever having received such a communication from McBain. He then said that before his arrest he had paid the Mollers staff their Noctober wages because he could see that some trouble was brewing.

When I asked him what he meant by that he could only reply vaguely that the Customs' demand for a large sum of money had stimulated these fears.

Mollers denied no reply!

with binil

7.

He says that so far as he remembers he signed nothing in China and was not put through any procedure that could be regarded as a trial. George McBain tells me that his passport bears the usual exit visa stamp with two characters added in manuscript meaning that he was being deported.

/contd....

CONFIDENTIAL

CONFIDENTIAL

3

8.

McBain's explanation of the affair is that the Chinese probably had some reason for suspecting Mrs. Martin of espionage which was quite unjustified by our

He thinks she standards but had some substance for them. quite likely did write a letter to someone in the Mission în Peking which the Chinese authorities regarded as wrong. They might even regard the writing of any letter to the Mission 'as wrong.

He thinks that he was arrested because he was associated with Mrs. Martin, partly as they were both members of the Most Excellent Order of the British Empire and partly because they often had a cup of tea together or went for a drive in Shanghai. He thinks that once they had him in jail they realised that he was not guilty of espionage and in addition that he was a sick man who could easily die on their hands. Unfortunately Mrs. Martin was strong and healthy for a woman of 72.

Mr.

9.

He hopes to leave hospital on about 9 March and to live in Hong Kong with an old Shanghai Friend of his, Freddie Elias.

10.

I passed to him messages from Michael Wilford, John Denson and Peter Hewitt for which he was most grateful.

I am sending a copy of this letter to John Denson and Peter Hewitt (Canberra).

11.

You

ever

inther Mark's

(A.F. Maddocks)

CONFIDENTIAL

TELEPHONE

01-629 4385 (EXT.

TELEGRAPHIC ADDRESS

BONIFACE London.ICS.

TELEX NO. 685945

KAN DAN PATARKI TI

** T*

PLEASE MARK REPLY IN TOP LEFT CORNER.

Managers'

DEPT.

Dear MI.

The

Hongkong and Shanghai Banking Corporate

Enter.

CincorporATED IN HONG KONG WITH LIMITED LIABILITY)

Gracechurch Sreet London. 8.C..

R. EC.3

RECE

PR 23/10

Roberts,

I spoke to Mr.

we have received from Mr.

ان

TECHEN/A

19th March, 1970

Minnte, & draft lette

JW

to K4". Aitkenhead, to issue.

MR. 2872

Murray this morning regarding a letter

Arthur G. E. Taylor in connection with

the detention in Shanghai of Mrs. Constance Martin.

Mr. Taylor wishes to organise an appeal direct to the Chinese Authorities and for your information I enclose a copy of his letter to us. We felt that, before any action was taken by Mr. Taylor, this should be cleared through the Foreign

Office and Mr. Murray confirmed that this was the appropriate

step.

I have spoken to Mr. Taylor on the telephone this morning and told him that I would be forwarding to you a copy

of his letter to us. I have given him your telephone number and in due course you may expect to receive a call from him.

In general terms, we feel that there is no harm in giving publicity to Mrs. Martin's plight and if you feel that the steps proposed by Mr. Taylor are in order we ourselves would

have no objection.

Yours sincerely

سكنية

(G.G. Aitkenhead) London Manager

P.J. Roberts, Esq.,

Foreign and Commonwealth Office,

Great George Street,

London, S.W.1

P.P.S. I have seen the article on p. 11 of the Sunday Express of 15 March 1970.

01-777 8656

hum 8711.

84 Nell Gwyn Court

Regency Walk

Orchard Way

01-606

8711

CROYDON, Surrey

CRO 7UZ

Accts

15 March 1970

The Manager

Hongkong & Shanghai Banking Corporation

9 Gracechurch Street ЕСЗ

Dear Sir,

Mrs. Constance MARTIN

H. & S. B. C. RECEIVED

CORRES

Detained in China

The Vicar of St. George's church, Shirley, Croydon, has, in the Church magazine, drawn the attention of hia parish to the plight of Mrs. Martin.

Resulting from this, is it proposed that some Shirley residents, in their own names as orginary members of the British public, shall make an appeal to the Chinese Government for the speedy trial, or failing this, immediate release, of Mrs. Martin.

It is planned to do nothing which will in any way cause further harm or distress to Mrs. Martin, or hinder her release. Also that this appeal shall be entirely independent from any action by any other group working in her interests.

Cuppeal

The aim will be, as near as possible, a direct a from people to people, and not affiliated to any political faction, religious body, or any other group of either left or right opinion.

We have received from Amnesty International certain information, but our appeal will not be made either through or in the name of that excellent organisation.

If there is any manner of approach which might bring further harm to Mrs. Martin, or others, please warn us.

But we shall be pleased if you will kindly supply us with the name of the Chinese Charge d'Affaires, and the names and addresses of any Chinese official in Shanghai, Peking, or elswhere, to whom a respecftul, cultured, but direct appeal might be made. The aim is to prevent any letter or memorandum from us being consigned to a file or waste paper basket without at least having been seen by the most senior person of the department concerned.

Yours faithfully,

P.S. Is it possible to send

even just an addressed picture postcard

Arthur G. E. Taylor

to Mrs. Martin? If so, how is it addreked, please.

+

438

STRICTLY PRIVATE AND CONFIDENTIAL

The Rt. Hon. Michael Stewart, M.P., Foreign and Commonwealth Office, LONDON, S.W.1.

Ke 14/1

Dear Mr. Stewart,

Brambledown,

Melton Drive,

L

aud

Storrington,

Sussex.

16th March 1970

рок

2. FED 13 reply har

*A,113

This is a siling & offensive

+

letter. I have spoken on the

неверите

telephine to M. Kepple and

ному карка explained, not for the first time,

re Mrs. Constance Martin the remains why we do not

attempt

I wish to speak plainly, exercising my rights as of the electorate, and this letter is to be treated as privileged.

ambar fo a member

This week-end I have spoken to other close relatives of Mrs. Martin and in particular to one of her sisters aged 83. You do not appear to appreciate the concern that exists for the welfare and safety of Connie Martin, a loyal and well respected subject of the British Crown. I enclose a photograph, which please return to me personally.

I am, myself, very disturbed to read in Lord Shepherd's letter to Captain Kerby, my M.P., written at your request, that no action must be construed by the Chinese to be the result of official initiatives. It cannot really be solely that you feel, or felt, that such action might prejudice the chance of an early release. You know, as well as I do, that Mr. William McBain was released because he is a sick man. you really want on your conscious the knowledge that had you brought more pressure to bear on the Chinese you could have saved the lives of two elderly Britons, because this could still be what you may have to face?

Do

مي

om. 25 13

I am compelled to query that this is really what you mean. Have we reached such low depths that our own elected Government is no longer prepared to take strong action regarding the individual security of British Subjects overseas? Surely you do not want the impression to prevail that its only when 'trade' or the 'political reputation' of a Government is involved that any action is taken!

We have no news, any more than the relatives of the other British Subjects detained, and what are you doing about it? 'Expressing grave concern' and hoping for better relations!

If

We have £50M exports to China. Are these more important to the British Government than the lives of ten or eleven British subjects? Could politics have anything to do with your lack of personal action as the Minister responsible? I know anything about the British people they would, I am sure, rather see a little trade lost than the unnecessary suffering of ten or eleven fellow citizens.

Continued...

2

Can this, still Great Country of ours not hold its head up high and say to the Chinese Government

1

'Release our Subjects or we stop trading with

you. The balance of £17M. in the trading account is less important than the lives of our Countrymen.'

Our trade with China is one way and, knowing something about the Asiatics, I am sure they think we are weak. You will probably continue to say that any action by the British Government may make the position of those detained worse than now. We don't even know what the position is! You say we must work for better relations with China. No-one in their right minds would disagree with you. Nevertheless, send for the Charge d'Affaire and ask him if Mrs. Constance Martin is alive and being given adequate food and comfort compatable with her age;

say to him 'Are we to assume that she has

already died in Chinese hands?'

Presumably I shall receive another evasive and futile answer to this letter but a sign of well-judged diplomatic courage would be a tonic not only to those personally concerned, but also to the Nation after the vacillation of recent years.

We cannot allow this matter to rest.

Yours sincerely,

Mardin Keppl

M. Kepple

From The Minister of State

Ес

Foreign and Commonwealth Office

London S.W.1

16 March, 1970

Michael Stewart has asked me to reply to your Letter of 24 February with which you enclosed a lettur from your constituent, Mr. Jansen, about the detention in China of his aunt, Krs. Constance Kortin.

We are still hoping that the release of Mr. McBain may be followed by that of Mrs. Martin who was arrested at the same time. The Chinese have never offered any reason for their detention. Both were long-standing residents of Shanghai and knew each other well. It seems likely that Mr. McBain's ill health - he was a semi-invalid When arrested may have prompted the Chinese authorities to release him. We are probably correct to conclude that Mrs. Martin's health must continue to be sound. Indeed she has written from detention to the Manager of the Hong Kong and Shanghai Bank about her personal all¡irs in a sensible and lucid tone.

-

You may certainly assure Mr. Jansen that we, for our part, will not be relaxing the pressure we have been maintaining on the Chinese, on behalf of Mrs. Artin. I myself took the Chinese Chargé d'Affaires severely to

/task

Peter Hordern, Esq., MP,

Houre of Commons.

4

IN CUIU IDENCE

43

L

task for his Government's inhumane behavior last December, and her case has been frequently raised with the Chinese by our Mission in Peking, the last occasion two weeks ago.

In the meantime one must agree with Mr. Jansen that press interest in the British subjects detained by the Chinese has waned considerably since the release of the Reuters correspondent, Mr. Grey. I can sympathise with his disappointment. We continue to hope, however, that wide publicity for the case of Mrs. Martin and those of the other British subjects detained in China might conceivably bring home to the Chinese the damage which their treatment of British subjects is doing to their reputation with the public in this country, and hence might induce the Chinese to release them.

I would agree moreover with Er. Jansen that if you, as a Member of Parliament, could accompany him on a visit to the Chinese Mission, possibly at the same time as Mr. Kepple (referred to in Mr. Jansen's letter) and his Kumber, Captain Kirby, this would not only serve to bring home to the Chinese the widespread concern in Parliament at their treatment of Mrs. Liartin, but might also result in wider publicity for the case in the press.

(SHEPHERD)

TH CARE THEN:CE

7

+

+

(114281) DE. 391399 1,300M 2/69 Hr.

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry

DRAFT

No.

FEC 14/1

URITY CLASSIFICATION

To:-

IN CONFIDENCE

Letter

Type 1 +

From

Top Secret.

Secret.

Confidential, Restricted. Unclassified.

PRIVACY MARKING

Peter Hordern, Esq., M.P.,

HOUSE OF COMMONS,

Lord Shepherd

Telephone No. & Ext.

Department

12

LUNDON, S.W.1.

In Confidence

Michael Stewart has asked me to reply to your

letter of 24 February with which you enclosed a letter

from your constituent, Mr. Jansen, about the detention

in China of his aunt, Mire. Constance Martin.

We are still hoping that the release of Mr. McBain

may be followed by that of Mrs. Martin who was arrested

at the same time.. The Chinese have never offered any

reason for their detention. Both were long-standing

residents of Shanghai and knew each other well. It

seems likely that Mr. McBain's ill health he was a

semi-invalid when arrested

-

may have prompted the

Chinese authorities to release him. We are probably

correct. to conclude that Mrs. Martin's health must

continue to be sound.

Indeed she has written from

detention to the Manager of the Hong Kong and Shanghai

Bank about her personal affairs in a sensible and

lucid tone.

You may certainly assure Mr. Jansen that we, for

our part, will not be relaxing the pressure we have

been maintaining on the Chinese, on behalf of Mrs. Martin

I myself took the Chinese Chargé d'Affaires severely to

task for his Government's inhumane behaviour last

December, and her case has been frequently raised with

the Chinese by our Mission in Peking, the last occasion

two weeks ago.

IN CONFIDENCE

In the meantime

NOTHING TO BE WRITTEN IN THIS MARGIN

Dd. 12455 Ra (4209)

-

IN CONFIDENCE

In the meantime one must agree with

Mr. Jansen that press interest in the British

subjects detained by the Chinese has waned con-

siderably since the release of the Reuters

correspondent, Mr. Grey. I can sympathise with

We continue to hope,

his disappointment.

however, that wide publicity for the cese of

Mrs. Martin and those of the other British

subjects detained in China might conceivably bring

home to the Chinese the damage which their treat-

ment of British subjects is doing to their

reputation with the public in this country, and

hence might induce the Chinese to release them.

I would agree moreover with Xr. Janaen

that if you, as a Member of Parliament, could

accompany him on a visit to the Chinese Mission,

possibly at the same time as Mr. Kepple

(referred to in Mr. Jansen's letter) and his

Member, Captain Kirby, this would not only serve

to bring home to the Chinese the widespread

concern in Parliament at their treatment of

Kra. Martín, but might also result in wider

publicity for the case in the press.

BAR 13/3

IN CONFIDENCE

Far Eastern Department, FCO.

With the compliments of

THE OFFICE OF

THE BRITISH CHARGE D'AFFAIRES

38 On FEC

Ref. your te 71 of 3 arch.

PEKING

p/w

5 March, 1970

mam

Your 201

بالقوه

кс

DEF Lam of-

Beíibah- Chargé d'Affaires -

pissent their compliments to the Consuler Departzent of the Ministry of Foreign Affairs of the People's Republic of Chira onu have the honour to refer to

Me nesting between Mr. Xuan Taung-chou and Er. J. F. Allan

on the 12th of February concerning property entrusted før as 2 keeping with the British office in Shanghai,

The Office of the British Chargé d'Affaires

at th to memind the Consular Departze it that Vr. Allan

requested ra extension of the deadline originally inalcsted in the Departcent's telephone messege of the fth of Degemer 116.

The office should, alne ba.

+

arsteful in dun pa was for a reply to the points raised

by Fe. Alla conessing the pomerty which won contained

in a bows de ranier left at the Department at the reeting.

AT.

PLA MITIC - the British Chargé d'Affaires avail tmxeelves of tá a oprørtuit, to renew to the C-neular De jartzent of the Ministry of Forair: Affairs the

1: T

ir

st consideration.

J

In

(423)

J

5

+

Note No. 30

i

FEL 14!

{

The Office of the British Charge d'Affaire a prosent their compliments to the Consular "spertsent of the Ministry of "oreign Affairs of the People's Republic of China and have the honour te refer to their notes mabered 202, 220 and 239 of the 23rd of October, 24th of November and 24th of December 1969, and no. 15 of the 21st of January 1970, which requested information concerning the arrest in "hanghai of Mrs. C. Martin, and further requented immediata consular access to her.

The Office, having received no response to their previous notes, wish to repeat their request for information concerning this arrest and fer inmediate

domsular scosse to Krs, Martin.

The Office of the British Charge d'Affaires avail themselves of this opportunity to renew to the Consular Department of the Xinistry of Foreign Affairs the

sasurances of their hi hest consideration.

معطر

рж

P2 2073

Office of the British Charge d' ́ffaires,

Peking.

23 February, 1970.

byl

11/3

Mr. Godden - 3

F

The

N

FEC 14/1

Mrs. Martin of the Hong Kong and Shanghai Bank

I submit a draft reply from Lord Shepherd to

Mr. Peter Hordern's letter to the Secretary of State

about the case of Mrs. Martin, who was detained by the

Shanghai Security Authorities in October 1969.

2. Lord Shepherd is familiar with the background to

the case.

ге

(James Murray)

9 March, 1970.

CYPHER/CAT A

PRIORITY HONG KONG

TO

CONFIDENTIAL

FOPEIGN AND COMMONWEALTH OFFICE

TELNO 149

6 MARCH 1970

CONFIDENTIAL

ADDRESSED FCO TELNO. 149 OF 6TH MARCH RFI PEKING.

31

MY TELEGRAM NO. 125: MCBAIN.

FOLLOWING FROM MADDOCKS.

A

: EC 14/1

I SAW MCCAIN FOR THE FIRST TIME TODAY. HE HAD LITTLE TO ADD TO

WHAT WE HAVE ALREADY REPORTED. HE NOV THINKS HIS ARREST WAS CAUSED

NOT BY THE CLAIM AGAINST KOLLERS BUT BY THE SUSPICION THAT HE AND

MRS. MARTIN VERE ENGAGED IN SPYING. THE ONLY GROUNDS FOR THAT

ACCUSATION WHICH HE CAN REMEMBER ARE A LETTER ALLEGED TO HAVE BEEN

WRITTEN TO THE MISSION IN PEKING SAYING THERE WERE SOLDIERS IN THE

FORMER CONSULATE GENERAL'S PREHISES AND THE 0.0.E. AND M.B. £.

GIVEN TO HIN AND MRS. MARTIN. HE DENIED TO HIS INTERROGATORS

THAT HE HAD WRITTEN THAT OR ANY OTHER LETTER TO THE MISSION.

HE TOLD ME HE WOULD NOT BE SURPRISED IF MRS. MARTIN HAD WRITTEN

ON THOSE LINES,

2. JOHNSTON HAD NOT COME UP IN ANY WAY.

3. FULLER REPORT BY BAG.

FCO PLEASE PASS ROUTINE PEKING.

SIR D. TRENCH

FILES

F.E.D.

H.K. DEPT.

MY. A MAT Mr. Wilson & of pan of thous Kongtel.n? 125 at 50

7.6. Roberts 16/3

REPEATED AS REQUESTED/

ADDITIONAL DISTRIBUTION

U.N.DEPT.

MR. WILFORD

NEWS DEPT.

SIR S. TOMLINSON

CONFIDENTIAL

NUNAN

Pn. 23/3

I

I

CONFIDENTIAL

18

CYPHER/CAT A.

PRIORITY FOREIGN AND COMMONWEALTH OFFICE

TELEGRAM NUMBER 71

CONFIDENTIAL.

TO PEKING

FEC 14/1

3 MARCH 1970.

(F.E.D.)

ADDRESSED TO PEKING TELEGRAM NO.71 OF 3 MARCH REPEATED FOR INFORMATION TO GOVERNOR HONG KONG.

YOUR TELEGRAM NO.101: SAFE CUSTODY PROPERTY IN SHANGHAI,

WE AGREE WITH THE PROPOSAL IN PARAGRAPH 2 TO REMIND THE MINISTRY OF FOREIGN AFFAIRS BY NOTE ON 4 MARCH OF YOUR PREVIOUS REQUEST FOR AN EXTENSION OF THE THREE-MONTH DEADLINE. LEGAL ADVISERS CONFIRM THAT THE LEGAL POSITION IS ADEQUATELY SAFEGUARDED.

2. IN THE CASE OF MCBAIN'S EFFECTS WE AGREE THAT YOU SHOULD NOW SEEK THE MFA'S ADVICE ON THE ARRANGEMENTS FOR REMOVING THESE FROM SHANGHAI SINCE THE RELATIVES ARE STILL KEEN FOR YOU TO DO SO DESPITE THE PAST CHINESE RECORD OF UNHELPFULNESS IN MATTERS OF THIS KIND. WE LEAVE THE TIMING OF THE APPROACH TO YOUR DISCRETION,

STEWART.

FILES

F.E.D.

HONG KONG DEPT.

CONSULAR DEPT.

ACCOMMODATION DEPT.

MR. WILFORD

NNNNN

CONFIDENTIAL

Registry No. FED

DEPARTMENT

* Date and time (G.M.T.) telegram should

reach addressocié)

SECURITY CLASSIFICATION PRIORITY MARKINGS

Top Sunn

50

(Date)..

Despatche

A

}

Baserlegd

Priority

BAUHAUS

OTHER

CONFIDENTIAL

NOTHING TO BE WRITTEN IN THIS MARGIN

PRIVACY MARKING

In Confidence

En Chir Code Cypher

Draft Telegram to:-

[Secu

Security classification" -if any

---

[

Privacy marking

if any

1

Sen beni bobble H H da

[Codeword-if any]

PEKING

Peking

Addressed to

telegram No..

HAAAAAAAAAHYHHHH...÷¬÷AH

71 )................................................................

3 Maret

..(date)

71

Nat

And to

וו'ו00111ITF1

Jovement

HONG KONG

KRETARIATETIME+-+-+Abhimmı

(Date) 3M and repeated for information to

And to:-

Repeat to:

Govermen Hong Kany

Saving to:-

Distribution:-

Files

FED

HKD

CONSULAR DEPT.

ACCOMMODATION

Copier t

DEPT

Mr. Wilford

3/3

Saving to......

Your telegram No. 101: Safe custody property in

Shanghai.

We agree with the proposal in paragraph 2 to

remind the Ministry of Foreign Affairs by Note on 4

March of your previous request for an extension of the

three-month deadline. Legal Advisers confirm that

the legal position is adequately safeguarded

2. In the case of McBain's effecta we agree that you

should now seek the MFA's advice on the arrangements

for removing thee from Shanghai since the relatives

are still keen for you to do so despite the past

Chinese record of unhelpfulness in matters of this

kind. We leave the timing of the approach to your

discretion.

123/3

CONFIDENTIAL

TYPHER/CAT A

PRIORITY PEKING

TELEGRAM NO. 116

RESTRICTED

RESTRICTED

TOP COPY

TO FOREIGN AND COMMONWEALTH OFFICE

3 MARCH 1970

ADDRESSED TO FCO TELNO 116 OF 3 MARCH REPEATED FOR INFO-

MATION TO HONG KONG.

i

MY TELNO 102.

Bu

HEAD OF CHANCERY WAS NOT ALLOWED TO VISIT SHANGHAI.

2. SINCE MCBAIN'S RELATIVES STILL WISH US TO APPROACH MFA (HONG KONG TELNO 20), WE SHALL SEEK AN INTERVIEW AS SOON AS WE HAVE RECEIVED YOUR VIEWS ON THE SAFE CUSTODY

PROPERTY.

MR. DENSON

FILES

F.E.D.

HONG KONG DEPT CONSULAR DEPT

PROT & CONF DEPT

NEWS DEPT

MR. WILFORD

RESTRICTED

Now see (58)

(31

37

CYPHER CAT A

RESTRICTED

ROUTINE HONG KONG

TO FOREIGN AND COMMONWEALTH OFFICE

HONG KONG TELNO. 20 TO PEKING OF 28 FEBRUARY, 1970

RESTRICTED

ADDRESSED PEKING AS MYTEL. NO. 20 OF 28TH FEBRUARY RFI FCO.

YOUR TEL. NO. 102 TO FCO.

+

35

MCBAIN'S PROPERTY.

AFTER REFLECTION FAMILY WOULD STILL PREFER YOU TO ASK MFA

Quite right.

FOR ADVICE ON WHAT STEPS THEY SHOULD NOW TAKE TO RECOVER MCBAIN'S

PERSONAL EFFECTS. THEY WOULD BE READY TO APPOINT AN AGENT

OR TO TAKE ANY OTHER REASONABLE STEPS THAT MIGHT BE RECOMMENDED.

FCO PLEASE PASS ROUTINE PEKING.

SIR D. TRENCH

FILE S

F.E.D.

H.K.D.

- CONSULAR D.

PROT. & CONF. D.

NEWS D.

MR. WILFORD

[REPEATED AS REQUENTED]

from

I have

раздава Safe Parloidy

бере

RESTRICTEDİ

ESTR

Thay

1%

lueß

pc.

My Wilay

Consular Left have lille/intered, at the moment, in this exchange, & certainly no intentar t of intervening. I think we need not, either:

Hongkong are coping

nicely.

P.J. Rob

4

7/3

CYPHER CAT.1.

PRIORITY PEKING

CONFIDENTIAL

134

TO FOREIGN AND COMMONWEALTH OFFICE

TELEGRAM NO 192

27 FEBRUARY 1970

CONFIDENTIAL

ADDRESSED TO FCO TELNO 102 OF 27 FEBRUARY REPEATED FOR

INFORMATION TO HONG KONG,

Z7

Ес

HONG KONG TELNO 19 TO PEKING: MCBAIN'S PROPERTY.

I STILL CONSIDER THAT APPROACH TO MFA IS UNLIKELY TO EVINCE

HELPFUL ADVICE, PARTICULARLY IN THE LIGHT OF THEIR CURRENT

ATTITUDE TO THE SAFE-PROPERTY. I THEREFORE ADHERE TO

MY VIEW THAT MCBAIN'S RELATIONS WOULD BE BEST ADVISED TO

DEAL WITH THESE PATTERS DIRECT (SUPPORTED IF IT SEEMS IT

WOULD BE HELPFUL BY AN APPROACH BY US TO MFA). IN CASE

OF SHIPMENT OF HEWITT'S EFFECTS FROM SHANGHAI (SEE DAVIES'

LETTER TO APPLEYARD OF 18 FEBRUARY NOT TO HONG KONG)

C.T.S. WHO EVENTUALLY SHIPPED THE GOODS REFUSED TO HAVE

ANYTHING TO DO WITH THIS OFFICE AND AN AGENT (HYDER OF PIA)

HAD TO BE APPOINTED.

2. WE WILL NEVERTHELESS APPROACH MFA FOR ADVICE IF, ON

REFLECTION, THIS IS WHAT THE RELATIVES STILL WISH. I WOULD

HOWEVER PROPOSE TO POSTPONE DOING THIS UNTIL I HAVE RECEIVED YOUR VIEWS ON THE SAFE CUSTODY PROPERTY (MIPT). THIS WILL

ALSO ALLOW US TO SEE IF HEAD OF CHANCERY IS ALLOWED DOWN TO

SHANGHAI THIS WEEKEND, WHICH WOULD GIVE AN OPPORTUNITY FOR

DISCUSSION ABOUT APPOINTMENT OF AGENTS.

MR. DENSON

FILES

F.E.D.

H.K. DEPT.

CONSULAR DEPT.

PROT. & CONF.DEPT. NEWS DEPT.

MR. WILFORD

CONFIDENTIAL

brz

Po

| Cunning

Hi

they precapt any contrany

Orders

from ce

NNNNN

USE OF

COMMONS

PETER HORDERN, M.P.

+

HOUSE OF COMMONS,

LONDON, S.W.I.

.1

Acknowledgement?

to sele

24 February, 1970

2 Secretary of State intes hot sp

FE

Cépagtnfent for

drafferreply ffRoth word Shackles

flewar!

M2512

I enclose a copy of a letter I have received from my constituent,

Mr. Clinton Jansen, which is self- explanatory, and would be grateful if you could let me know what the position

is.

Re

FEC 14/1

Your

feiner

fami

Hürlim

The Rt. Hon. Michael Stewart, C.H., M.P.,

Foreign Office,

S.W.1.

No. Wilson

Draft reply

herewith.

P.j. Roberts

2/in

Link

+ recivolate

-pse.

27

33

House of Commons,

Lilestone,

metr stre.*,

zatvor ti

Jussex.

Zuta February 190

London, b.......1.

Dear Mr. Lordern,

I once had the pleasure of meeting, jou as a Committee member of the Cuollum and otipley breach of the Conservative Associs tion.

,ay I now reintrouuce myself as clinton Jansen, two nephew of hrs. Constance Lartin, who was arrested in Stangrai lest Lotocer by tre .nese authorities. As the only male representative of her immcxiste fondly residing in zn ̧lond, I levo since ler arrest, kept in constant touch with the for zastern section of the Foreiga uffice over Ler pliut, and love on their suvice paid personal visits to the Ginose Liɔuion in London in an attempt to obtain some iuvrmation about her.

Although I have been courteously received, my viuits have proved completely abortive as they ave continust to maintain that they inve received no súv.ce wætsoever acout ner from the reking Authorities.

You will periaps knov tlat the Forei¿n uffice themselves Lave been particularly concerned about bot. nor case and that of ir. Lesain in view of their age. Lord Shepherd, I believe, nas protested strongly to their Charge d'Affairs in London.

Ir. Lartin Kepple, wno lives in Storrington, and is related by marriage to lrs. Lartin, mas alao bean very active in nis caueavours to keep ner case in the public eye, both through his 1.r., .r. kirby of Aurnael, and through the media of the Press and T.V. Although ir, airby has, and continues to be, most responsive over her case, the press appoer less 4.4 less cooperative, presumably as they now feel that her case is no longer newsworthy.

The release of ar. Lesain at the end of last week was given our family some nope of an early release of hrs, artin, but I feel trat pressures .ould not be relaxed un this account.

I lave consulted again with the Foreign Office today, sad it 120 been agreed that in the light of Mr. Lobain's reloase no cama would come of my paying a Zurtuor visit to the Chinese Liscion. I tend to

I wonder if, as my ..., you could sparo the time to adu your weight to our unsecvours to secure some information auout Ars. Lartın. woru viti. kr. kirby voulu give you fuller cetails of the steps no ninseli proposes to take in the house.

¿

The forein uffice officials are a little souptical of e value of questions in the Louise, as they claim that viedo aro normally ruferred back to wiem, and tog are ot aule to gave any fuller uu'onation tion that already supplied to immediate relatives.

7

+

Contin. over.

7

- 2 -

in the opinion of sie Porcija vffice officials core weight would attacı. to en...d, accoa,zaying a relative to the Chinese Lässion as their Carje "'Affairs in Lenon uoes not particularly like criticisa from official sources.

I must, of course, leave this matter in your lands, but per:aps

Kiroy before taxing La ecision. you woula prefer to first consult with im.

-

If necessary, I could make myself available later at the Louse of Commons, or alternatively in forsan, if you require fuller uetails of the back, Four of the case and the stops we rave slrooty taxon.

Anything you can do to help our family over tuir worries

would, of course, be very nucl. appreciated.·

Yours sincerely,

Jans

Car W. JANSEN

L

Note Xo. 15

FEC 16/1

-

"he Office of the British Charge d'Afraipea present their complimente to the Consular Department, of the Ministry of Foreign "ffairs of the People's Republic of China and have the honour to refer to their notes numbered 202, 220 and 239 of the 23rd of October, 24th of November and 24th of Dece-ber 1969, which re-usated information concerning the crr-t in thanghai of Era. C. Martin, and further requested inmediate consular access to her.

The Office, having received ne response to their previous notes, wish to repeat their request for information concerning this arrest and for iamediate consular access to Yrs. Martin.

The Office of the British Charge ¦'Affaires Hvail themselves of this opportunity to renew to the Cenaular Departmená of the Ministry of Foreign Affairs the assurances of their highest consideration.

271227/2

Office of the British Charge d'Affaires, Peking.

21 January, 1970.

+

Note No. 14

FEC Luli

The Office of the British Charge d'Affaires present their compliments to the Consular Department of the Ministry of Foreign Affairs of the People's Republic of China and have the honour to refer to their netes numbered 203, 221 and 240 of the 24th of Deteber, 24th of November and 24th of December 1969, which requested information concerning the arrest in Changhai of "r. ". KeBain.

The Offics, having reosived ne response to their previous netes, wish to repeat their request for information concerning this arrest and for immediate consular access to Mr. McBain.

The Office of the British Charge l'Affaires avail themselves of this oppertunity to renew tɔ the

Consular Department of the Ministry of Pareign Affairs

the assurances of their highest consideration.

po

PR

office of the British Charge d'Affaires,

Peking.

21 January, 1970.

میا

CYPHER/CAT A

ROUTINE HONG KONG

SLEGRAM NUMBER 125

CONFIDENTIAL

TO FOREIGN AND COMMONWEALTH OFFICE

24 FEBRUARY 1970

IDENTIAL ADDRESSED FCO TELEGRAM 125 OF 24 FEBRUARY RFI PEKING,

YOUR TELEGRAM 105 : MCBAIN.

FOLLOWING FROM MADDOCKS.

129

HE IS SLOWLY REGAINING STRENGTH IN HOSPITAL BUT IS NOT YET ABLE TO

GIVE A CONNECTED ACCOUNT OF HIS EXPERIENCES. GEORGE MCBAIN, HIS

NEPHEW, DOUBTS THAT HIS MEMORY WILL WHOLLY RETURN, GEORGE ADVISES

ME TO SEE HIS UNCLE IN ABOUT A WEEK'S TIME IN THE HOPE THAT HE WILL

BY THEN HAVE REMEMBERED MORE. I SHALL THEN GIVE HIM YOUR MESSAGE

AND TRY TO DISCOVER WHAT MORE CAN BE PUT TOGETHER ABOUT HIS ARREST

AND DETENTION.

2. MEANWHILE THERE ARE TWO POINTS TO ADD TO OUR TELEGRAMS 103 AND

118 :-

(A) THE FAMILY THINK HE WAS JUST DEPORTED WITHOUT TRIAL. MCBAIN

DOES NOT REMEMBER APPEARING IN COURT BUT IS NOT SURE WHETHER OR NOT

HE WAS TRIED IN HIS ABSENCE.

اسپا

(B) HE HAS IN THE LAST FEW DAYS ATTRIBUTED HIS ARREST TO THE CHINESE

CLAIMS AGAINST MOLLERS. HE SAYS THAT TWO DAYS BEFORE HIS ARREST

THE CHINESE PRESENTED LARGE FINANCIAL DEMANDS AGAINST MOLLERS WHICH

HE REFUSED TO PASS ON WITHOUT PROPER DOCUMENTATION.

3. I SUGGEST THAT THE THEORY THAT HIS ARREST WAS THE RESULT OF THE

MOLLER DISPUTE SHOULD BE TREATED WITH SOME RESERVE AT PRESENT BECAUSE

MCBAIN'S MEMORY IS SUCH THAT HE MAY HAVE MIXED UP THE DATES OF EVENTS

CONSIDERABLY AND SO FAR AS I KNOW IT LEAVES THE ARREST OF MRS MARTIN

UNEXPLAINED.

FCO PLEASE PASS ROUTINE TO PEKING,

SIR D.TRENCH

FILES

F.E.D.

H.K.D.

[REPEATED AS REQUESTED]

ADDITIONAL DISTRIBUTION U.H.D. 4 COPI:18

MR. WILFORD

NEWS DEPT.

SIR S.TOMLINSON

CONFIDENTIAL

CYPHER/CAT A

CONFIDENTIAL

PRIORITY FOREIGN AND COMMONWEALTH OFFICE

TO

HONG KONG

TEL NO 105

23 FEBRUARY 1970

(FED)

CONFIDENTIAL.

ADDRESSED TO GOVERNOR HONG KONG TEL NO 105 OF 23 FEBRUARY

REPEATED FOR INFORMATION TO PEKING.

PERSONAL FOR MADDOCKS FROM

WILFORD,

PLEASE GIVE MY REGARDS TO MC.BAIN AND SAY HOW PLEASE MY WIFE

AND I ARE THAT HE IS SAFELY IN HONG KONG.

2.. WE SHALL BE MOST INTERESTED TO HEAR WHAT HE HAS TO SAY ABOUT HIS DETENTION. IT IS, FOR EXAMPLE, IMPORTANT TO US TO KNOW WHETHER HE WAS TRIED, SENTENCED OR JUST EXPELLED. PRESUME YOU WILL BE

REPORTING.

·

STEWART

FILES

F.3.D.

H.K.D.

SIR S.TOMLINSON

MR. ILFORD

CONFIDENTIAL

1

New See Militel

no. 125 at

at /30

Pa.

так

27/2

29

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry No.

DEPARTMENT

FED

SECURITY CLASSIFICATION

PRIVACY MARKING

In Confidence

En elpir. Code

Cypher

Draft Telegram to?

Gov HtKing

No. 105:

(Date)

PRIORITY MARKINGS

(Date)

Tish

Priority

Despatched

[Security classification] -if any

[

Privacy marking -if any

1

[Codeword-if any)

Addressed to

telegram No.........

And to

M..

Tirr‒‒

Date and time (G.M.T.) telegram should

reach addressee(1)

23/2

887

CYTHER

ידי

CONFIDENTIAL

------

.P.

MIL --

Hong Kong

195 (date)

-----חווווה

23 February repeated for information to

And to:- 93/2

L

LLJOLI··

Saving to.....

Peking

T

- ||---|

23 Lebaran..

IT. SOPI

-

+

----

Repeat to:-

Peking

Saving to:-

Distribution:-

Fileo

Far Eastern Dep

HK Depr

to

23/1

Suis Sa Taunton

M' halferð Copies to

16·07232~

wilferd

Personal

for

Maddocks from Wilford

Please give my regards to McBain

анттан

that he fter

how plecised my wife

is safely in Hung King.

2. We shall be most interested

The au

what he has to say about his

If

detention.

is, for example, important

he

tried

to know whether

sentenced

or just expelled. Presume

23

You will be reporting. Mr2%2

TOP COPY/28

CYPHER CAT/A

ROUTINE PEKING

CONFIDENTIAL

PEKING TELNO. 21 TO HONG KONG

CONFIDENTIAL

TO FOREIGN AND COMMONWEALTH OFFICE

23 FEBRUARY 1970

ADDRESSED TO HONG KONG TELNO 21 OF 23 FEBRUARY REPEATED

FOR INFORMATION TO FCO.

YOUR TELNO 118 ·

23.

NOW THAT MCBAIN IS IMPROVING, IT WILL NO DOUBT BE POSS-

IBLE TO HAVE A LONGER TALK WITH HIM ABOUT HIS INTERROGATION.

IT WOULD BE PARTICULARLY INTERESTING TO KNOW WHETHER THE

JOHNSTON CASE WAS BROUGHT UP IN ANY WAY.

MR. DENSON

FILES

FAR EASTERN DEPT CONSULAR DEPT

HONG KONG DEPT

P. & C. D.

NEWS DEPT

.CONFIDENTIAL

See also

Mi wil

пра

willend's fel at $29. It is containly

is certainly about

time M.K.

pulled

their finger ons.

PR1712

+

HER/CAT A

ROUTINE HONG KONG

RESTRICTED

TO FCO

27

AdC)

HONG KONG TELEGRAM NO.19 TO PEKING 24 FEBRUARY 1970

RESTRICTED.

ADDRESSED PEKING TELNO 19 OF 24 FEBRUARY REPEATED F C o.

20

YOUR TELEGRAM NO 20: MCBAIN'S PROPERTY.

THE FAMILY PREFER NOT TO RISK ADDING TO THE PRESENT HARDSHIPS OF THE BANKS IN SHANGHAI BY ASKING EITHER OF THEM TO ACT FOR MCBAIN. THEY DO NOT THINK THAT AN APPROACH TO CHINA TRAVEL SERVICE WOULD BE PRODUCTIVE. THEY UNDERSTAND THE DIFFICULTIES AND DRAWBACKS OF MAKING REPRESENTATIONS IN PEKING, BUT THEY WOULD BE GRATEFUL IF YOU COULD ASK THE MFA ON THEIR BEHALF FOR ADVICE ON THE PROCEDURE FOR RECOVERING MCBAIN'S EFFECTS.

C F C O PLS PASS PEKING)

SIR D.TRENCH.

FILES:

F.E.D.

H.K.D.

CONSULAR D.

PROT.& CONF.D.

NEWS D.

MR. WILFORD

[REPEATED AS REQUESTED]

RESTRICTED

Good.

ра

pu.

312

:

.

·

+

P

YPHER/CAT A

ROUTINE PEKING

ELEGRAM NUMBER 20

RESTRICTED

TO FOREIGN AND COMMONWEALTH OFFICE

23 FEBRUARY 1970

:

RESTRICTED

ADDRESSED TO HONG KONG TELNO. 27 OF 23 FEBRUARY REPEATED

FOR INFORMATION TO FC0.

25

YOUR TELNO 118 TO FCO: MCBAIN'S PROPERTY.

I AM WILLING TO ASK MFA TO FACILITATE REMOVAL OF MCBAIN'S

PROPERTY BUT IT IS LIKELY THAT OUR INTERVENTION MAY BE

COUNTERPRODUCTIVE FOR TWO REASONS:

(A) THE MFA'S RESPONSE TO ALL OUR ENQUIRIES IN MCBAIN'S

CASE HAS BEEN ENTIRELY UNHELPFUL :

(B) THE RECENT HISTORY OF SIMILAR CASES INVOLVING BRITISH

SUBJECTS PROPERTY IN SHANGHAI SUGGESTS THAT THE CHINESE

DO NOT RECOGNISE THE LOCUS STAND OF THIS OFFICE IN THESE

MATTERS AND PREFER TO DEAL DIRECTLY WITH INDIVIDUALS CONCERNED OR THEIR AGENTS (SEE PARA 2 OF MY TEL 83 TO FCO).

2. FOR THESE REASONS I SUGGEST THAT MCBAIN'S FAMILY SHOULD CONSIDER APPOINTING AN AGENT IN SHANGHAI (POSSIBLY

ONE OF THE BANKS WOULD UNDERTAKE THIS EVEN THOUGH THEY

HAVE BEEN RELUCTANT ABOUT PROPERTY FORMERLY IN HMG'S SAFE CUSTODY). AN APPROACH MIGHT ALSO BE MADE TO CHINA TRAVEL

SERVICE TO SEEK THEIR ASSISTANCE.

3. ONCE ACTION HAS BEEN TAKEN BY THE MCBAIN FAMILY WE COULD

CONSIDER WHETHER IT WOULD BE HELPFUL TO BACK UP APPROACH

WITH MFA HERE. PLEASE ASSURE RELATIVES THAT WE ARE ANXIOUS

TO DO EVERYTHING POSSIBLE TO HELP: THIS IS A QUESTION OF TACTICS.

MR DENSON

FILES

F.E.D.

CONSULAR DEPT. HONG KONG DEPT.

PROT. & CONF.DEPT. NEWS DEPT.

NNNNN

Flatty attitude,

RESTRICTED

Невероват

altitude, in spite

4

their difficulties.

Comanda Deps to reply.

ра

PM 27/2

(26

TO FOREIGN AND COMMONWEALTH OFFICE

20 FEBRUARY 1970

PHER/CAT A

RESTRICTED

PUTINE HONGKONG

TELEGRAM NO.118

RESTRICTED

25

ADDRESSED FCO TELEGRAM 118 OF 20 FEBRUARY RFI PEKING.

MY TELEGRAM 103 : BRITISH SUBJECTS IN CHINA : MR MCBAIN.

MCBAIN IS GRADUALLY IMPROVING BUT HAS NO RECOLLECTION OF WHAT MAY

HAVE HAPPENED TO HIS PROPERTY IN SHANGHAI. HE IS ANXIOUS TO RECOVER

HIS PERSONAL EFFECTS AND HIS FAMILY HERE HAVE ASKED WHETHER THE

CONTENTS OF HIS FLAT COULD BE FORWARDED TO HONG KONG. IF NECESSARY

THEY WOULD BE PREPARED TO PAY NORMAL REMOVAL COSTS. COULD THIS BE

PUT TO THE M.F.A. IN PEKING ?

FCO PLEASE PASS ROUTINE TO PEKING.

SIR D. TRENCH

[REPEATED AS REQUESTED]

27

1?

FILES

F.E.D.

CONSULAR DEPT

H.K.D.

PROT & CONF DEPT

NEWS DEPT

ADDITIONAL DISTRIBUTION

U.N.D. 4

RESTRICTED

:

+

·

F

CYPHER/CAT A

PORITY HONG KONG.

(24

TOP

OP CO.

CONFIDENTIAL

TO FOREIGN AND COMMONWEALTH OFFICE.

TELEGRAM NUMBER 117.

20 FEBRUARY 1970.

RECE:V REGI

CONFIDENTI AL

ADDRESSED FCO AS MYTEL. NO. 117 OF 20TH FEBRUARY RFI PEKING.

YOUR TEL. NO. 13 TO PEKING. MRS. MARTIN.

HONG KONG BANK HAVE HEARD THAT THEIR SHANGHAI BRANCH HAVE BEEN

TOLD TO HAND OVER MRS. MARTIN'S PASSPORT TO THE SECURITY

AUTHORITIES. THEY HAVE ALSO BEEN TOLD BY AN EXCHANGE BROKER

DEALING WITH THE BANK OF CHINA THAT THEY CAN EXPECT

MRS. MARTIN TO BE RELEASED SOON. THE BANK ARE NOT SURE THAT

THIS MESSAGE IS RELIABLE BUT THEY ARE HOPEFUL.

FCO PLEASE PASS ROUTINE PEKING.

SIR D. TRENCH

As are

ра

[REPEATED AS REQUESTED]

Jar. 27/2

DEPARTMENTAL DISTRIBUTION

F.E.D.

CONSULAR DEPT

NEWS DEPT

I. R.D.

I.P.D.

CONFIDENTIAL

+

CYPHER/CAT A & BY BAG

CONFIDENTIAL

ROUTINE FOREIGN AND COMMONWEALTH OFFICE 1.LEGRAM NUMBER GUIDANCE 35

FIDENTIAL.

BRITISH SUBJECTS DETAINED IN CHINA.

MY GUIDANCE NUMBER 4 OF 6 JANUARY 1970.

TO CERTAIN MISSIONS

19 FEBRUARY 1970

(PG/1)

23

FE

AS YOU WILL HAVE SEEN FROM PRESS REPORTS, MR. WILLIAM MCBAIN WAS RELEASED FROM DETENTION AND PUT OVER THE BORDER INTO HONG KONG ON 15 FEBRUARY.

2. ALTHOUGH WE NATURALLY WELCOME THIS MOVE, WE ARE UNABLE TO INTERPRET IT AS A GESTURE INTENDED TO IMPROVE SINO-BRITISH RELATIONS. IN FACT WE DO NOT DISAGREE WITH SUGGESTIONS THAT HAVE APPEARED IN VARIOUS PRESS REPORTS THAT ONLY A DETERIORATING STATE OF HEALTH HAS PROCURED MR. MCBAIN'S RELEASE.

3. IN ACCORDANCE WITH GUIDANCE TELEGRAM NUMBER 4 YOU SHOULD CONTINUE TO STIMULATE PUBLICITY IN REGARD TO THE EIGHT BRITISH SUBJECTS STILL DETAINED.

4. FOR YOUR INFORMATION ONLY, SING-BRITISH RELATIONS HAVE BEEN UNSATISFACTORY SINCE THE ARRESTS OF MR. MCBAIN AND MRS. CONNIE MARTIN IN OCTOBER 1969. TRADING IS NOT STAGNANT, BUT THE CHINESE ARE ONCE AGAIN IMPOSING DISCRIMINATORY RESTRICTIONS UPON THE FREEDOM OF MOVEMENT OF MEMBERS OF OUR MISSION IN PEKING, WHICH IS IN

STRIKING CONTRAST TO THE FREEDOM OF MOVEMENT ENJOYED BY MEMBERS

OF THE CHINESE MISSION HERE.

STEWART

BY TELEGRAPH:

BRUSSELS

COPENHAGEN

THE HAGUE

OSLO

ROME

BERNE

DUBLIN

STOCKHOLM

RABAT MONROVIA

NEW YORK (UKNIJ) CAFE TOLI NEW YORK (BIS)

VASHINGTON

BEIRUT

Drafted by FE.D.

on the suggetion of Guides. Ja BR 27

SINGAPORE(POLAD)

PEKING

NEW DELHI

2227/2

RAVALPINDI

KUALA LUMPUR SIHGAPOPE

AND SAVING TO CERTAIN OTHER POSTS.

FCO/HI. DISTRIBUTION:

GUID.D.

CONFIDENTIAL

ADDIWICHAL DISTI BUTION:

GUIDANCE

Private Secretary

COVERING RESTRICTED

.a

Erlonel

big/2.

Flag A

THE RELEASE OF KR. WILLIAM MOBAIN BY THE CHINESE AUTHORITIES

I submit speaking notes on the release of Mr. McBain

for use by the Secretary of State in Cabinet on 19 February.

2. A background note is attached, listing the eight British

subjects who remain in detention in China.

Copies to:

Mr. Wilford

Mr. Godden

(C. Wilson)

18 February, 1970.

COVERING RESTRICTED

22)

RESTRICTED

SPEAKING NOTES

RELEASE OF MR. MCBAIN BY THE CHINESE AUTHORITIES

Mr. William McBain, who was arrested and detained by

the Shanghai security authorities on 23 October, 1969, has

now been released. He was put over the border into Hong

Kong without warning on 14 February.

2. It is not clear why the Chinese have released Mr. McBain.

The most plausible explanation at present is that the

worsening state of Mr. McBain's health his heart condition

had made him a semi-invalid even before his arrest led the

Chinese to fear that he might die while in their hande.

3.

Officials who met Mr. McBain on his arrival in Hong Kong

described him as "very tired and confused", His general

physical condition was found to be not unsatisfactory,

although he has high blood pressure and needs a complete rest.

He is at present in hospital in Hong Kong. There is no

evidence that the Chinese mistreated him during his captivity;

he was for a time in a Chinese hospital.

4. The reasons for the arrest of Mr. McBain remain obscure: the

Chinese authorities have never acknowledged our requests for

information about his case. However, Mr. McBain received

the impression during interrogation that the Chinese believed

that his 0.B.E. was a reward for espionage.

5. If the reasons for his release are, as we suspect, Chinese

fears for his health, it would be premature to conclude that

RESTRICTED

/his release

RESTRICTED

his release will be followed by others, although we are

hoping that Mrs. Martin, another elderly resident of

Shanghai arrested at the same time as Mr. McBain, will be

released soon.

Far Eastern Department,

18 February, 1970.

RESTRICTED

2

BACKGROUND NOTE

BRITISH SUBJECTS DETAINED OR BELIEVED TO BE

DETAINED BY THE CHINESE

(18 February, 1970)

Mr. George Watt, a Vickers-Zimmer engineer arrested on

26 September, 1967, and sentenced to three years'

imprisonement for alleged spying by a Lanchow court

on 15 March, 1968.

Mr. P. D. Crouch, Second Officer of the "Demodocus", detained

at Shanghai on 3 April, 1968.

Mr. D. C. Johnston, former Manager of the Shanghai branch

of the Chartered Bank, arrested on a spying charge on

25 August, 1968.

Mrs. Constance Martin, age about 72, was employed by the

Hong Kong and Shanghai Bank in Shanghai, where she has

lived for many years and was arrested on 23 October, 1969.

Mrs. Gladys Yang, a British wife of a Chinese national who

worked as a literary translator and is thought to have

been detained in July 1968.

Mra. Epstein, who was employed by the Chinese authorities and

is thought to have been detained towards the end of 1967.

Mr. Michael Shapiro, as above.

Mr. David Crook, as above.

/ Recent Representations

Recent Representations

Apart from regular monthly requests by our Mission

in Peking for access to and information about all eight

British subjects, the most recent oral representations

to the Chinese were

(8) in London, by Lord Shepherd to the Chinese Chargé

d'Affaires, on 19 December, 1969; and

(b) in Peking to the Ministry of Foreign Affairs on

12 February.

Far Eastern Department,

18 February, 1970.

1

2 -

-

Mr. Wil

Wilson

b 15/2

bispr

Reference

SEC 14/1

MR. WILLIAM MOBAIN

Private Office have requested defensive

speaking notes for possible use by the Cecretary of State at tomorrow morning's Cabinet Meeting.

are required by 5 p.m. today.

2.

I attach a draft.

They

P-PRoberts

(P.J.Roberts) 18 February 1970

Bype 27/2

21

中央

Registry

No.

1411

ISÉCURITY CLASSIFICATION

Top Secret

DRAFT

Type 1 +

speaking notes

From

To:-

(for Secretary of State)

Telephone No. & Ext.

Secre

Confidentiskem

Restricted. Unclassified

PRIVACY MARKING

-PR

In Confidence

Department

аловальну)

RELEALE BY .THE CHINER OF KR. MOBAIN

IN SHANGHAI

Mr William McBain, who was arrested and detained by the Shaghal security authorities on 23 Oct- ober 1969 has now been released. He was put oyer the a border into Hong song without warning 10 bed, in

last Gay,

peer poysical condition.

Reasons for release

2.

14

It is not clear why the Chinese have re- leased kr. McBain, on whether there is any significance in the timing. The post plausible explanation at present is that the worsening state of Mr. McBain's

his heart condition had made him a semi-in-

led the Chinese to scelðal of having an giling Imocent; "prisener die on their

-

health

valid even before his, arrest

fear the intes

elderly,

hands.

or

(1201) DE 391990 1,500M 2149 HW.

NOTHING TO BE WRITTEN IN THIS MARGIN

Ma. VcBain's Health

3.

Officials who met Kr. cBain on his arrival

in Hong Kong described him as very tired and con- fused'.

bron-examination (tis Comition was found to

be not unsatisfactory, although he has high blood pres- sure and needs a complete rest. He is at present in hospital in Hong Kong. There is no evidence, Jowever, that the Chinese have gone out of their my bp mistreated him during his captivity; he was for a time placui in a Chinese hospital.

Reasong!

riginal arrest

The reasons for the arrest of r. cBain remain obscure:Chinese authorities have never apk- nowledged our requests for information er

Mor his case.

/ However,

However, r. obain r ceived the impression during interrogation that the Chinese,

Lee, proumably opill>in the grip of a spy sania', may have suspected his 0.8.7. se suo mean a reward for espionage.

ot. Lowever, charged with any specificorime

Xrs, Martin

5.

If Mr. McBain's impressions a accurate, Mrs. Constance Hartin, another elderly resident of 2 Shanghai arrested on the same day as Hr. cBain, is possibly being held on the same grounds.

Her con- tinged detention may be construed, at least, as an indication of good health.

6.

Micronice of release

If the reasons for his release are, as we Buspect, Chinese fears for his health, it spulä

The holds the

M.B.E

be premature to set this release wit be fullbod Autiough

interpret

interded to japrove ring-rition pelutions,

that this labin another elderly restitull

Other Dritish Subjects under arrest

7.

рочеств by

ed

offers, be one lefung shold. ouales late some time a tha Hebeim walif

be released

Eight British subjects remain detention in China, or are thought to be in detention A list je attached

Recent representations

Apart from regular monthly requests for access to and information about all eight british subjects known op thought to be in detention, the most recent representations at wh psised have been

from me fe

alter KOS

(a) in London, by Lord hepherd to the Chinese

Charge d'Affaires, on 19 December;

(b) in Peking, by the Head of Chancery to m

the Ministry of Foreign Affairs

official

on 12 February,

from..

Pelang

NOTHING TO BE WRITTEN IN THIS MARGIN

(118283) DM. 391979- 1.500M 2/69 Hm.

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry No.

CURITY CLASSIFICATION

Top Secret.

Secret.

Confidential

Restricted.

Unclassified,

PRIVACY MARKING

INJILI LIII------------------

In Confidence

DRAFT Background Note

Type 1 +

From

To:-

Telephone No. & Ext.

Department

BRITISH SUBJECTS DETAINED OR BELI-VED TO BE

DETAINED BY THE CHINESE

(18 February, 1970)

Mr. George Watt, a Vickers-Zimmer engineer arrested

on 26 September, 1967, and sentenced to three

years' imprisonment for alleged spying by a

Lanchow court on 15 March, 1968.

Mr, P. D. Crouch, Second Officer of the "Demodocus",

detained at Shanghai on 3 April, 1968.

Mr. D. C. Johnston, former Manager of the Shanghai

branch of the Chartered Bank, arrested on a

spying charge on 25 August, 1968.

Mrs. Constance Martin, age about 72, was employed

by the Hong Kong and Shanghai Bank in Shanghai,

where she has lived for many years and was

arrested on 23 October, 1969.

Mrs. Gladva Yang, a British wife of a Chinese

national who worked as a literary translator

and is thought to have been detained in July

1968.

Mrs. Epstein, who was employed by the Chinese

authorities and is thought to have been

detained towards the end of 1967.

Mr. Michael Shapiro, as above.

Mr. David Crook, as above.

From The Minister of State

Foreign and Commonwealth Office

London S.W.1

19 February, 1970

Fo

kelat efa

Michael Stewart has asked me to reply to your letter of 10 February about Mr. William McCain, who was detained by the Shanghai Security Authorities in October last year.

You were, I am sure, as pleased as I was to hear of his relcase on 14 February. ir. Ticpain's health appears to have suffered from his unnecessary detention but it is hoped that he will be fully recovered soon. our Far Eastern Department are in touch with Miss McBain, and are keeping her informed about her brother's piogress.

4

(SHEPHERD)

Sir Charles Bott-Radclyffe, IP,

ncuse of Commons,

London, S.N.1.

י

+

NOTHING TO BE WRITTEN IN THIS MARGIN

(AGE 4972 POIS"). 6661GE "Pa (razat1)

Registry

No. FEC 14/1

SECURITY CLASSIFICATION

DRAFT

Letter

Type 1 +

From

Top Secret.

Secret.

Confidential Restricted. Unclassified.

PRIVACY MARKING

To:-

Sir Charles Kott-Radclyffe, P,

HOUSE OF COMMONS,

Lord Shepherd

Telephone No. & Ext.

Department

+

LONDON, S.W.1.

.In Confidence

Michael Stewart has asked me to reply to your

letter of 10 February about Mr. William McBain, who

was detained by the Shanghai Security Authorities in

October last year.

You were, I am sure, as pleased as I was to hear

of his release on 14 February. Mr. McBain's health

appears to have suffered from his unnecessary detention

but it is hoped that he will be fully recovered soon.

O Far Eastern Department are in touch with Mise McBain,

and are keeping her informed about her brother's

progress.

24 192

I

18t

Mr. Goddeń

I submit a draft reply from Lord Shepherd to

Sir Charles Mott-Radclyffe, M.P. letter to the Secretary

of State about the case of Mr. McBain.

2.

Mr. McBain was released by the Chinese on 14 February.

Wilson

(C. Wilson)

17 February, 1970.

19

CYPHER/CAT A

PRIORITY HONG KONG.

CONFIDENTIAL

TO FOREIGN AND COMMONWEALTH OFFICE.

TELEGRAM NUMBER 103.

14 FEBRUARY 1970.

CONFIDENTIAL ADDRESSED FCO TELEGRAM 103 OF 14 FEBRUARY RFI PEKING.

MY TELEGRAM 103 : BRITISH SUBJECTS IN CHINA,

(7)

+

MR MCBA IN.

18

We are

MCBA IN ARRIVED AS A STRETCHER CASE. HE WAS MET AT LOWU BY SENIOR

SUPER INTENDENT POLICE (FRONTIER) WHO FOUND HIM VERY TIRED AND

CONFUSED. HE WAS ABLE TO SAY THAT HIS INTERROGATORS IN SHANGHAI

X

fut refring HAD INTERPRETED HIS 0.B.E. AS A REWARD FOR ESPIONAGE AND THAT HE HAD The this in

ривать,

1222/2

SPENT SOME TIME IN HOSPITAL IN CHINA. HE KNEW NOTHING ABOUT MRS

MARTIN EXCEPT THAT HE DEDUCED FROM HIS INTERROGATION THAT SHE TOO

HAD BEEN ARRESTED.

2. MCBAIN WAS TAKEN IMMEDIATELY FROM LOWU TO THE QUEEN ELIZABETH

HOSPITAL. HIS CONDITION ON FIRST EXAMINATION IS NOT UNSATISFACTORY

THOUGH HE HAS HIGH BLOOD PRESSURE AND NEEDS COMPLETE REST. HIS

NEPHEW MR GEORGE MCBAIN IS LOOKING AFTER HIS INTERESTS.

3. WE SHALL NOT VOLUNTEER INFORMATION ABOUT THE PART PLAYED BY

MCBAIN'S 0.8.E. BECAUSE OF POSSIBLE CONSEQUENCES FOR MRS MARTIN

WHO HOLDS THE M.B.E. BUT MCBA IN'S IMPRESSION THAT THIS WAS THE MAIN

CAUSE OF HIS ARREST CANNOT BE DENIED IF IT COMES OTHERWISE TO THE

NOTICE OF THE PRESS,

FCO PLEASE PASS PRIORITY TO PEKING.

BIR D. TRENCH

[REPEATED AS REQUESTED].

Be

Type 27/2

DEPARTMENTAL DISTRIBUTION:

F.E.D.

CONSULAR DEPT

h.K.D.

PROT. & CONF. DEPT

NEWS DEPT

CONFIDENTIAL

En Clair

17

TOP COPY

FLASH HONG KONG TO FOREIGN AND COMMONWEALTH OFFICE

14 FEBRUARY,1970

ALNO.100

UNCLASSIFIED

Addressed to FCO Telno. 100 of 14 February, repeated for

information to Peking.

McBain has just arrived across the border, apparently in poor health.

Further information will follow as soon as possible.

Sir D. Trench

DEPARTMENTAL DISTRIBUTION

F.E.D.

Consular Dept.

Hong Kong Dept.

News Dept.

Resident Cleak

Janet Miss M.8.

припал

میرم

27/2

*****

Prom The Minister of State

FEC 14/1

Foreign and Commonwealth Office

London S.W.1

11 February, 1970

PR27/2

Thank you for your letter of 16 January enclosing a letter from your constituent, Mrs. Hargreaves, about her sister, Mrs. Martin, who was arrested in October by the Chinese security authorities in Shanghai.

As Mrs. Hargreaves implies, we have been in close touch with Mrs. Martin's relatives in this country since her arrest for an unspecified "crime". We are especially concerned about Mrs. Martin in view of her age (she is seventy-two) and have rade persistent efforts both in London and in Peking to impress upon the Chinese our grave concern at her arrest and to obtain consular access and information about her case. I myself summoned the Chinese Charge d'Affaires on 19 December and spoke to him in the strongest terms. Despite these representations, the Chinese have failed to respond.

We have discussed the situation with Mrs. Martin's relatives and have encouraged them to seek publicity for Mrs. Martin's plight in the hope that, as Mrs. Hargreaves puts it, the Chinese may be shaled into releasing Mrs. Martin. We have taken similar action with the relatives of Mr. William McBain, another aged resident of Shanghai who was arrested at the same time as Mrs. Martin. We

/hope

The Rt. Hon. Julian Amery, MP,

House of Commons,

S.W.1.

T

1

¡

hope that if the Chinese become convinced that their international image has been adversely affected by the publicity given to their outrageous behaviour towards these two old people, they may decide to release them. I think it is probably Mrs. Hargreaves' intention to enlist your support in stimulating publicity. Anything you can do to publicise Mrs. Martin's plight would be most helpful.

I need hardly add that we should be grateful if you would not disclose the fact that we are

encouraging the relatives to seek publicity since this might adversely affect Mrs. Martin's chances of release if it came to the notice of the Chinese.

+

(SHEPHERD)

IN CONFIDENCE

!

+

1

(118281) Dd. 391599 1.500M 249 Hw.

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry No.

IN CONFIDENCE

DRAFT Letter

"JRITY CLASSIFICATION

Top Secret.

Secret.

Confidential.

Restricted. Unclassified

PRIVACY MARKING

In Confidence

To:-

The Rt. Hon. Julian Amery, MP,

HOUSE OF COMMONS,

S.W.1.

Type 1 +

From

Lord Shepherd

Telephone No. & Ext.

Department

Thank you for your letter of 16 January enclosing a letter from your constituent, Mrs. Hargreaves, about

her sister, Mrs. Martin, who was arrested in October

by the Chinese security authorities in Shanghai.

As Mrs. Hargreaves implies, we have been in close touch with Mrs. Martin's relatives in this country since

We are her arrest for an unspecified \"crime".

especially concerned about Mrs. Martin in view of her age (she is seventy-two) and have made persistent

efforts both in London and in Peking to impress upon

the Chinese our grave concern at her arrest and to

obtain consular access and information about her case.

I myself summoned the Chinese Chargé d'Affaires on

19 December and spoke to him in the strongest terms.

Despite these representations the Chinese have failed

to respond.

We have discussed the situation with Mrs. Martin's

relatives and have encouraged them to seek publicity for

Mrs. Martin's plight in the hope that, as Mrs.

Hargreaves puts it, the Chinese may be shamed into

releasing Mrs. Martin. We have taken similar action with the relatives of Kr. William McBain, another aged

resident of Shanghai who was arrested at the same time

as Mrs. Martin. We hope that if the Chinese become

convinced that their international image has been

IN CONFIDENCE

/ adversely

NOTHING TO BE WRITTEN IN THIS MARGIN

WEL 31-7406

IN CONFIDENCE

adversely affected by the publicity given to

their outrageous behaviour towards these two

old people, they may decide to release them.

probably I think that it is/Ers. Hargreaves' intention

to enlist your support in stimulating

publicity. Vinything you can do to publicise

Mrs. Martin's plight would be most helpful.

I need hardly add that we should be

grateful if you would not disclose the fact

that we are encouraging the relatives to

seek publicity since this might adversely

affect Mrs. Martin's chances of release if it

came to the notice of the Chinese.

IN CONFIDENCE

9/2

5/2

Flag A.

15

ただ

eft

아~

Mr. Godden

I attach a draft reply from Lord Shepherd to a

letter from the Rt. Hon. Julian Amery, M.P., about the

detention of Mrs. Martin in China.

2. Mr. Amery encloses a letter he has received from

Mrs. Martin's sister, Mrs. Hargreaves, asking for

Mr. Amery's support in seeking publicity for her sister's

plight. We have been in regular touch with Mrs. Hargreaves'

nephew and have encouraged the family to seek publicity in

the hope that concern for their international image might

persuade the Chinese to release Kra. Martin. It is

apparent that Mrs. Hargreaves' letter is a direct result

of our encouragement, and I have indicated this in confidence

to Mr. Amery in the draft.

3. Lord Shepherd is familiar with the background to

Mrs. Martin's case.

(C. Wilson)

5 February, 1970.

Bonan 9/2

HOP

COMMONS

FROM: THE RT. HON. JULIAN AMERY, M.P.

Dear Sirs,

RECEIVED IN

GK (14)

ак

112. EATON SQUARE.

S. W. I.

BELGRAVIA 7409.

REGISTRY No. 23th January, 1970.

EVA 1710

GK301 /MAR.C

In Mr. Amery's absence, I enclose a letter from his constituent, Mrs. Hargreaves, about her sister who has been arrested in Shanghai.

I wonder if the Department would have any information on this matter so that Mr. Amery may reply to his constituent.

Yours faithfully,

Carduclam.

Secretary to Julian Amery.

The Foreign Office,

Bowning Street,

London,

S.W.1.

Enc.

+

42, Brangwyn Avenue

Brighton, 6. Sussex. Jan: 14th 1970.

Dear of. Amery,

I

T

As a resident of Jour constituency, ".

а

to your attention a matter

me the

may I bring which has been causing

Greatest concern.

I

бровоте Martin who was aroisted in

am a sister of Ops Connie

Shanghai last October, Eince when nno news has been heard of her prezent whereabouts or of the crime she is supposed to have committed, 6in foreign office has been

unable to obtain any

вест

information

·

·

·

+

:

It ough officent channels, and I feel

that if greater publicity were givin to this disgraceful conduct the Chinese Authorities might be shamed into releasing my sister, action in arresting

If you could re

justifying there

her.

raise this maller

raise

in the House of Commons or assist

mi a

any

other way

Ishould be more

than grateful.

Yours sincerely,

Das Trida. Is Hargreaves.

-

1

+

FOREIGN AND GUA

19 JAN:970

ALLOCATIONS REʼTION

PRIVATE AND CONFIDENTIAL

Richard Dales, Esq.,

Far Eastern Desk (Extn.161),

Foreign Office,

Downing Street,

LONDON, S.W.1.

Brambledown,

Melton Drive,

STORRINGTON,

Sussex.

29th January 1970

FC 14/1 長い

pa

141.

Dear Mr. Dales,

I am writing, rather than speaking to you by telephone, so that you will have time to obtain for me an official reply.

Attached is a cutting from last night's Evening News and the relevant parts are underlined. For over two weeks I have been in touch with the press, T.V. and people in

'high places'. Sympathy but no response. Has the Evening News given me the reason?

Yours sincerely,

Martin Kepple

M. Kepple.

Į Lad telephone

4

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and

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to keep quiet abat the detained P. S., -

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publicity for Mh. Martin

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Malin 4/2

13

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The spy who got a

TODAYS

confirmation

that four Polish diplomats have been ordered out of Britain for spring uncovers one laughable result of Government polley of

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help to yet their side of the war over to the public." says Mr. Rice.

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JOHN

LONDON

L

lay.grd.

TOMOS

Prince

Amenz Michael of Kent, who who per- suaded to pose for a goodbye photgraph with the Pole-Col Combow "Tamanu ar parkstent defer nurhe...and his mile Spet Prisen 3 chuel on on the in store alad of the Đ. By Miputty be purubly knew more than he emid reveal orer the saw age ročk, althouch 1 doubt whether Cal Tanapa w mind when he sticks the bholenat n his family album.

ENTERTAINMENT

Indeed The Pales serm to almost totally Inzendtie

Last night they retaliated le the gentlemanly" expulsion of part apies by Topena kicking Three Britih diplomats

a thout even bothering to make cha zer matins them.

Funan Omice. apart from re easing the barest" de DNA a all remaining stent. And the Housing Minister, Mr Anthony Greenwood, MEAN-

waatte is entertaining the Pulzh Hasina M.a. ter. Mr Ciezna

it seenis that the omir dies result

theirs

5 -

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An unlikely

trio

TONY PALMER, who was hotly involved in a row with the BBC over his Peter Sellers dim ve cently will have another of bis

די

Prince Michael of Kent with Col. and Madama Tanana at the Polish Embassy reooption.

todav. yearold M. "but I can't be amid to have been kicked

1 RA

* Bal under contract to them to mate three more fine.

"I don't expect to be offered JAY

H

His relat ons with Peter Better are also atra.red. "Not no bad as with the BBC. but I see that dim as a year of my life down lay un, 1 KIJA never work with Bellers again!

The Jack Bruce ilm was EN

under way before the Ballan d'anasta

of pilots on the employmŁONE market last year followhip the closure of Bigle Airlines led to BEA shortening its demand for new men,

Kempt to now moving Upwards. Again, though. The Aar the college, which is æt Hamble in Hampshire, experis to turn out 150 qustibed Burns.

Thanks-200

times

THE QUEEN MOTHER WI be in the Tate position of hosten as a non-palace party early next month. She lý g*- Ing it at the:Baroy lo exlebrain he 200th win as a racehorse

owner.

Her guests will include her trained Pater Cazalet

And Jotkey David Mould.

The Queen Molber's ANE tane vlepime came at Fontwell Park in 1919. Her 300th was recorded at Worcester Tart

+

4

1

L

+

I

T

From The Minister of State

Foreign and Commonwealth Office

London S.W.1

11 February, 197Q

(12).

-

FEC

Michael Stewart has asked me to deal with the letter which you have received from Mr. M. Kepple about the continued detention in China or his aunt, Lurs. Constance Martin.

14/1

One must regretfully agree with Mr. Kepple's remarks that the press and television have lately shown themselves rather less helpful than they might have been in stimulating publicity on this and other cases. Approaches made to the Chinese mission by members of the families or other detainees have, in spite of advance notice given to the press, met with as little publicity as lir. Kepple's.

In casting around for some more effective means of working up press and television interest in the case, Mr. Kepple appears to be thinking in terms of some action by you yourself, as his Meriber of Parliament, which would be bound to attract more attention than the family's own efforts unaided. We should be happy to see more publicity emcrging though not (as I am sure you will understand) of the kind that could be construed by the Chinese to be the result of official initiatives could only prejudice krs. Martin's chances of an early release. Any public Loves or statements you and Mrs. Kartin's family felt able to make in the hope, as

Captain Henry Kerby, MP,

House of Commons,

3.W.1.

-

this

/Mr. Kepple

}

+

1

T

Mr.Kepple says, of keeping the pot boiling, would have our sincere support.

(SHEPHERD)

н

(1020) DA. 391599- 1,200% 2/69 Ha

NOTHING TO BE WRITTEN IN THIS MARGIN

FEC 141

Registry

No.

ORITY CLASSIFICATION

DRAFT Letter

To:-

Top Secre

Secret.

411

Confidential

Restricted.

Unclassified

PRIVACY MARKING

Captain Henry Kerby, MP, House of Commons +

London, S.W.1.

Type 1 +

From

Lord Shepherd

Telephone No. & Ext.

Department

In Confidence

MY. Godden

K 17

(195)

Mushant Sint

The Seeretary of State has asked me to deal with

the letter which you have received from Mr. M. Kepple

born-

concerning the continued detention in China of his

aunt, Mrs. Constance\Martin.

our files.

We have kept a copy for

One must regretfully agree with Mr. Kepple's

remark that the press and\television have lately shown

themselves rather less helpful than they might have

been in stimulating publicity on this and other cases.

Approaches made to the Chinese hission by members of

the families of other detainees have, in spite of advance

notice given to the press, met with as little publicity

as Mr. Kepple's.

In casting around for some more effective means

of working up press and television interest in the

case, Mr. Kepple appears to be thinking in terms of

some action by you yourself, as his Member of

Parliament, which would be bound to attract more

attention than the family's own efforts unaided. We

should be happy to see more publicity emerging though .

not (as I am sure you will understand) of the kind that

could be construed by the Chinese to be the result of

official initiatives

-

this could only prejudice

Mrs. Martin's chances of an early release. Any public

moves or statements you and Mrs. Martin's family felt

able to make in the hope, as Mr. Kepple says, of

/keeping

NOTHING TO BE WRITTEN IN THIS MARGIN

WEBL 51-3406

keeping the pot boiling, would have our sincere

support.

4/6 yo

HOUSE

OF

COMMONS

10th February, 1970

Fee 14

14/1

2. S€

FE

dra

pleas

Jean Michael

OL seen

M

Lord Shepherd

A constituent of mine came to see me in great distress last Saturday about the disappearance of her brother from Shanghai.

Mr. William McBain aged 78.

He is

I gather he has lived a great deal of his time in China and was formerly associated with one of the shipping firms. Beyond the fact that he was arrested by the Chinese police, no one seems to know the reason for his arrest or what has happened to him.

I think the Eastern Department know all about the case, but I would be grateful if you could give me any further information that I could pass on to his distraught sister.

Jus

Charles matladassa

The Rt. Hon. Michael Stewart, C.H., M.P.,

Foreign Office,

Downing Street,

S.W. 1.

Flag A.

·FEC

.

14/1

+

Godden

I attach a draft reply from Lord Shephard to a

letter from the Rt. Hon. Julian Anery, M.P., about the

detention of Krs. Martia in China.

2. Mr. Amery encloses a letter he has received from

Ers. Kartin's sister, Mrs. Hargreaves, asking for

Xr. Amery's support in seeking publicity for her sister's

plight. To have been in regular touch with Mrs. Hargreaves'

nephew and have encouraged the fasily to seek publicity in

the hope that concern for their international image night

persuade the Chinese to release Mrs. Kartin. It is

apparent that Mrs. Hargreaves' letter is a direct result

of our encouragement, and I have indicated this in confidence

to Mr. Anery in the draft.

3.

Lord Shaphed is familiar with the background to

Mrs. Kartin's case.

(C. Tilson)

5 February, 1970.

No

SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential

Restricted.

Unclassified.

PRIVACY MARKING

------In Confidence

DRAFT

Letter

To:-

The Rt. Hon. Julian Amery, MP,

HOUSE OF COMMONS,

S.W.1.

Type 1 +

From

Lord Shepherd

Telephone No, & Bal

Department

Thank you for your letter of 16 January enclosing

a letter from your constituent, Mrs. Hargreaves, about

her sister, Mrs. Martin, who was arrested in October

by the Chinese security authorities in Shanghai.

As Mrs. Hargreaves implies, we have been in close

touch with Mrs. Martin's relatives in this country since

her arrest for an unspecified "crime"

We are

especially concerned about Mrs. Martin in view of her

age (she is seventy-two) and have made persistent

efforts both in London and in Peking to impress upon

the Chinese our grave concern at her arrest and to

obtain consular access and information about her case.

I myself summoned the Chinese Chargé d'Affaires on

19 December and spoke to him in the strongest terme.

Despite these representations the Chinese have failed

to respond.

We have discussed the situation with Mrs. Martin's

relatives and have encouraged them to seek publicity for

Kra. Martin's plight in the hope that, as Mrs.

Hargreaves puts it, the Chinese may be shamed into

releasing Mrs. Martin. We have taken similar action

with the relatives of Mr. William McBain, another aged

resident of Shanghai who was arrested at the same time

as Mrs. Kartin. We hope that if the Chinese become

convinced that their international image has been

/ adversely

IN CONFIDENCE

NOTHING TO BE WRITTEN IN THIS MARGIN

CONF

نادي الافران IN COM

adversely affected by the publicity given to

their outrageous behaviour towards these two

old people, they may decide to release them.

probably

I think that it is/re. Hargreaves' intention

to enlist your support in stimulating

publicity. Anything you can do to publicise

Mrs. Martin's plight would be most helpful.

I need hardly add that we should be

grateful if you would not disclose the fact

that we are encouraging the relatives to

seek publicity since this might adversely

affect Mrs. Martin's chances of release if it

came to the notice of the Chinese.

IN CONFIDENCE

L

3/1

Dear the wilson,

RESTRICTED

Elin.

and resubmit-

BRITISH EMBASSY

STOCKHOLM

6 February 1970

VED IN

RY No.50

о

réciali

Would you please refer to Guidance tel.no. 4 of 6 January. about Mrs. Martin and Mr. McBain,

2.

Martin Cederlund our Information Officer,recently SOW Mr. Ulf Brandell, the Foreign Editor of Dagens Nyheter in order to persuade him to make some reference to these unfortunate people in his newspaper, which is one of the major Swedish dalies. Mr. Brandell said that he did not feel that he could comment on these cases as they had never been made public. Furthermore, he did not believe the Chinese would be impressed by what Dagens Nyheter, or indeed any other foreign newspaper, were to say.

3. He did however, suggest that he might persuade Mr. Sundfeldt, the Head of the Foreign Ministry Press Department to write to Mr. Berner, First Secretary of the Swedish Embassy in Peking, with the aim of getting the latter to intervene with the Chinese. Apparently, Mr. Berner can speak very freely to certain members of the Chinese Ministry of Foreign Affairs. The Information Officer while expressing thanks for this offer said that we would first like to make certain that Mr. Brandell's proposed action would not cross any wires.

4. It would clearly be quite improper for us to agree to Mr. Brandell's proposed action without instructions as clearly this would amount to a proposal for diplomatic intervention, albeit of an informal kind,

5. We would therefore be grateful for guidance as to whether you would like this suggestion followed up. Alternatively, you might wish to ask our Mission in Peking to tackle Mr. Berner on the spot.

C. Wilson, Esq.,

Far Eastern Department,

your

sucichy, Saturn Starchion.

(Miss P. M. Hutchinson)

Foreign and Commonwealth Office, S.4.1.

RESTRICTED

C 3/1

Jean

O'Leary,

CONFIDENTIAL

vaca 2/2.,

··minute

sus.

BRITISH HIGH COMMISSION,

RAWALPINDI

27 January, 1970

British Subjects detained in China

Would you please refer to Guidance telegram No. 4 of

7 January about the treatment of two elderly British Subjects, Mrs. Connie Martin and Mr. William McBain who were arrested by the Chinese authorities in October 1969 and about whom the Chinese have declined to give us any information.

Poats were asked to consider ways of stimulating publicity for the plight of these two detainees.

2. We at first thought that it might be useful to refer to the detention in the next issue of British Review and of our two venacular publications, Aina and Darpan, but because we are aware of Pakistani sensitivity about any attack, real or implied, on the Chinese, we thought it would be wise to let the Ministry of Foreign Affairs know informally what we were about. I told the new Director for China that the inhuman treatment of such elderly people deserved some publicity and we had made a very great effort to deal with the Chinese through normal diplomatic channels. I said that we were not asking the Government of Pakistan to intervene on behalf of the detainees but naturally would be delighted if they could suggest any way of securing information about Chinese intentions towards them.

3. After a 24-hour delay the Director asked me to call to discuss my approach and said that the Ministry of Foreign Affairs would much prefer that we did not stimulate publicity in this country by way of our official publications. Speaking frankly, he told me that the Chinese were excessively touchy about any reports circulating within Pakistan which could be construed as anti-Chinese. He said that he had discussed the problem with his Director General and that it seemed to them that we could best bring the plight of the detainees to the notice of influential people in Pakistan by arranging for the story to be carried in the major English newspapers and weeklies (he suggested specially The Times and the Economist) which are widely read in Pakistan. He said that he doubted in any case whether publication in British Review and the vena cular publications would achieve our objective and said that although he was not making an official request for us to refrain from publication, he hoped that we would recognise Pakistan's difficulties,

T.D. O'Leary, Esq.,

South Asian Department,

F.C.O..

London S.W.1.

CONFIDENTIAL

/5.

صم

8

CONFIDENTIAL

X

5. I said that we would take note of the views of the Ministry of Foreign Affairs but that we would have to decide for ourselves the best way of stimulating the Chinese into taking action. I asked whether the Government of Pakistan would be willing to make some enquiries in Peking on our behalf but fr. Choudhry replied that he doubted whether his superiors would be willing to act in such a way for the reasons which he had already outlined. However he did agree that if their Embassy in Peking heard anything about Mrs. Martin and Mr. McBain, they would let us know immediately. He went on to say that his Director General had been most interested to learn that there were still nine British Subjects detained or believed to be detained in China as they had thought that all had been repatriated following the release of Mr. Grey last autumn.

6. These exchanges were interesting because they demonstrate the pathological fear of the Pakistani Ministry of Foreign Affairs of offending the Chinese. They do not mind admitting this to us openly. However we think that Mr. Choudhry's observation that publication of the story in British Review, etc., would not reach the influential people in Pakistan at whom we are aiming is relevant and for this reason rather than to spare Pakistani susceptibilities we have decided not to publish any written release. We would therefore be grateful if you would let us know as soon as the story is released to the newspapers in the United Kingdom so that we can bring it to the attention of the Ministry of Foreign Affairs at the first opportunity. Needless to say we shall do our very best to ensure that the story is spread orally amongst the local diplomatic community and the newspaper world.

7. I am sending a copy of this letter to James Allan in Peking.

c. c.

R.H. Young, Esq., Karachi R. Fox, Esq., O.B.E., Dacos P.R. Oliver, C.M.G., Lahore

Yours ever.

вал.

CONFIDENTIAL

(D.M. March)

+

Reference

--ו

CONFIDENTIAL

Haker

Mr. Walker

2/2

Mr. Wilson (Far Eastern Dept.)

Wileń

FEC 14

14/1

BRITISH SUBJECTS DETAINED IN CHINA

J

March

I think that the attached letter (Mr. Hennings' C 3/1 of 27 January) should be entered with Far Eastern Department and I should be grateful if they would take the action requested in para. 6.

2. Could you point out, if replying by letter, that Mr. O'Leary has left this department.

Ejusutertent

(I. J. M. Butherland)

8. Asian Dept. 2 February, 1970

no-

Sume

Marsh

uf

X. Hor

dearly Heard in ot

what Mu the sling

slang nota Bitish pass

14.3/2

7

Me Dolar

Regiony

Presenter, and astmen early

Mss. on

on McBain (Martin.

PR. 31ü

CONFIDENTIAL

3/2

HOUSE OF COMMONS

LONDON, S.W.I

30/1/20

Dear Hewart, URGENT

I shall be grateful if you will give the

enclosed communication from.........

Mr Ms

KEPPLE your attention

and send me a reply which I can forward to

my constituent

2 Star of

3.

FE

enɛ

Please acknowledge.

has not 3

for

draft reply tomarond Sharphand

Hewny knky

The Ritston Mtremort. af

H.C91B (329762X2) 2m St.S.

Capt. Henry Kerby, M.P.,

Hobbs Farm House,

Bilsham Cnr.,

Brambledown,

Melton Drive,

STORRINGTON,

Sussex.

29th January 1970

Yapton,

ARUNDEL,

Sussex.

RECEIVED IN

Fec 14/1

Dear Captain Kerby,

As a nephew of Mrs. Constance Martin, aged 72, arrested in Shanghai last October I am writing to you personally for assistance. Other members of the family, as well as myself, have kept in constant touch with the Foreign Office, who have been most helpful. Attempts have been made by senior officials, including Lord Shepherd, to obtain information from the Chinese Legation but to no avail. Whilst, as you will obviously understand, the Foreign Office do not wish to be named they have been asking relatives to obtain as much publicity as possible regarding this inexplicable arrest. It is agreed that the Chinese still have some respect for

old age and they will not wish to have adverse publicity regarding either my aunt or Mr. William McBain, 82, arrested at the same time.

Mr. Clinton Jansen, also a nephew, joined me in a visit to the Chinese Legation on Monday, 12th January.

We decided, as a beginning, to be courteous and polite, merely enquiring why my aunt had been arrested and other obvious questions. The response was a complete blank but we maintained courtesies throughout. Late the same day a further visit was made to the Foreign Office and we agreed to maximum publicity.

I made a statement to the Press Association, which appeared in the Times and the Guardian. The B.B.C. interviewed ms and This war keinolaat Hi Tukey Herities THIN&THINH HHUN

the Nagorian War. Wo lava La been too occupied with the end of

ไทย koop the 'pot boiling' and I am appealing to you to say some- thing in public which the press can roport.

·

Continued.......

..

2

1

I wrote to Sir Alec Douglas-Home, for personal reasons, but he was just leaving for United States. He said he would try to say something.

I have spoken to the press on several occasions but they are obviously not sufficiently interested to give any publicity to the detention of these elderly British subjects beyond minor reports.

Should anything happen to either of them the press would make headline news of it. This knowledge makes one feel very opposed to current attitudes of journalists and for that matter the B.B.C. and Independent T.V.

Can you help?

Yours sincerely,

thanthi tepp

M. Kepple

I

I

L

(FSC 14/1)

CONFIDENTIAL

Far Eastern Department

28 January, 1970

حداد

6

Mr. William McBain

Please refer to Arthur Maddooks' letter BCR/1/1167/55 of 13 January to James Murray warning us that Bill Mobain's brother Ted was paying a short visit to the UK from Hong Kong and intended to call on the Chinese, Ted McBain duly came to see us last week and we gave him a very full briefing on how to go about approaching the Chinese Mission here and on how to gain publicity for his action. To begin with, he had reservations about the publicity and believed that his own knowledge of China and the Chinese would enable him to squeeze some information out of the Mission. We overcame his reservations about publicity and NewB Tepartment helped with arrangements to inform the press in advanos of his intention to call on Mr. Ya. The Chinese soon clouded his optimism about getting information from then,

2.

Mr, MoBain has just been in to report on his call on

26 January which followed the usual pattern except that he was allowed no further than the entrance hall of the Mission. Here he was received by the interpreter who usually receives relatives of detainees, MoBain asked four questions:-

(a) Could the Mission give any information about his brother's health or say how information could be obtained?

(b) Could medicine, slothing and food be sent to his

brother?

(c) Could the Chinese give any indication of when his

case was to be reviewed?

(d) Could they indicate when he was likely to be

released since he wished to accommodate his

brother and make other arrangements in Hong Kong?

He of course drew a blank on all counts. Like his predecessors, Mr. McBain expressed surprise that such an old and sick man should be detained in this way and his relatives deprived of information when the Chinese had such a reputation for respecting old age,

/The

7. N. Allan, Baq.

PRKING.

CONFIDENTIAL

CONFIDENTIAL

The Chinese replied, as usual, that the Chinese people take good onre of old people so long as they do not break the law,

3. Mr. McBain was photographed twice outside the Mission and was interviewed by the Daily Mirror. The Associated Press spoke to him on the telephone. Unfortunately, this activity has produced no results whatsoever and the Press remains silent about the British subjects. Our efforts are not exactly aided by the McBain family's suspicion of the Press which leads them to enjoin reporters not to publish "any silly stories about me". (McBain on 26 January to the Daily Mirror.) In the light of our failure

to arouse Press interest we must consider other moves to help the detainees. We shall be writing further about this very soon.

Copy to

Maddocks, Esq.,

A. F. HONG KONG,

(R. N. Dales)

CONFIDENTIAL

CS. 41A

2500077

10,000-5/69-570149

REF.

SCR 1/1167/55

Dear James

RECI

REGIST

سایدرام

I

14/1

McBain

COLONIAL SECRETARIAT LOWER ALBERT ROAD

HONG KONG

13 January, 1970.

Ane 16 Jam.

نکار

Mr Daker.

136

Mr Appley A

/long

aber.

Bill McBain's brother, Ted, is paying a short visit to London. He is due to arrive on 19 January and will leave about 10 days later. I have given him your name and as an alternative Colin Wilson. He is likely to ring you on 20 January to fix an appointment to see you later in the week.

2.

He is determined to call himself on the Chinese Mission in London. He is convinced that with his/knowledge of China and his ability to speak Chinese he will be able to

I get much more out of the Mission than did his sister. did not try to discourage him from calling on the Mission though I did tell him frankly that he should not put his hopes too high. I also let him read your telegram No.13 to Peking of 9 January. I urged him strongly to take your

advice before he made his call.

3.

We also had a brief discussion about talking to the press and I urged him to take your advice on this point also.

4.

Ted McBain is an elderly and somewhat eccentric gentleman. His nephew, George, tells me that he has not spoken to his sister for 20 years and does not want to see her again. I might add that when he first called on me in connection with Bill McBain's arrest he stayed only about 10 minutes, of which about 2 minutes vere concerned with brother Bill and 8 with Ted's geological explorations in the Red River valley. I think however that he is prepared to accept advice about the best method of approaching the Chinese Mission and talking to the press. He will be staying in London at the Junior Carlton Club.

5.

I am sending a copy of this letter to John Denson (under confidential cover).

under

J. Murray, Esq., CMG,

Far Eastern Department,

ever

yo

Arthu

(A.F. Maddocks)

Foreign & Commonwealth Office, LONDON, S.W.1.

CONFIDENTIAL

CYPHER/CAT A

ROY UNE FOREIGN AND COMMONWEALTH OFFICE

TUPA PAM NUMBER 13

CONFIDENTIAL.

TO PEKING

9 JANUARY 1970(F3C 14C/¿

ADDRESSED TO PEKING TELEGRAM NUMBER 13 OF 9 JANUARY REPEATED FOR

INFORMATION TO GOVERNOR HONG KONG,

OUR TELEGRAM 441: MRS MARTIN AND MR MCBAIN.

Free cl 91

MISS MCBAIN CALLED ON CHINESE MISSION ON 6 JANUARY. SHE WAS NOT

ALLOWED TO SEE THE CHARGE' D'AFFAIRES BUT WAS RECEIVED BY A JUNIOR

OFFICIAL. HE TOLD HER IN REPLY TO QUESTIONS THAT HER BROTHER

HAD VIOLATED CHINESE LAWS. HE COULD NOT SAY WHAT LAWS THESE WERE

BUT SAID HER BROTHER WOULD KNOW. MISS MCBAIN THEN ASKED HOW SHE

MIGHT FIND OUT FROM HER BROTHER WHAT HE HAD DONE BUT THE CHINESE REPLIES WERE EVASIVE. MISS MCBAIN TOLD US THAT WHEN SHE EMPHASIZED THAT HER BROTHER WAS OLD AND IN VERY POOR HEALTH AND PRESSED THE CHINESE FOR SOME SORT OF CONFIRMATION THAT HE WAS STILL ALIVE, THE CHINESE DESCRIBED HER AS QUOTE ARROGANT UNQUOTE AND REMARKED THAT THE CHINESE PEOPLES' REPUBLIC WOULD NOT BE BEATEN INTO SUBMISSION. THE INTERVIEW LASTED ABOUT FORTY MINUTES, AND WAS COMPARATIVELY HEATED.

2. MISS MCBAIN INFORMED THE PRESS IN ADVANCE OF HER CALL AND HER

ENTRY AND EXIT WERE FILMED BY I.T.N. WHO INTERVIEWED HER

AFTERWARDS. NOTHING ABOUT THE CALL HAS HOWEVER APPEARED ON

TELEVISION OR IN THE PRESS.

3. MR JANSEN, NEPHEW OF MRS MARTIN WILL BE CALLING ON THE CHINESE

ON 12 JANUARY. HE WILL SIMILARLY INFORM THE PRESS IN ADVANCE.

WE SHALL CONSIDER WHAT FURTHER ACTION WE MIGHT TAKE IN THE LIGHT

OF THE RESULTS OF HIS CALL.

[

STEWART

DEPARTMANAL DIS PRIBUTION F.E.D.

CONS DEPT.

H.K.D.

NEWS DEPT.

I.R.D.

I.P.D.

CONFIDENTIAL

Registry No. FEC 140

DEPARTMENT

146/8

Date and time (G.M.T.) telegram should

reach addressed(s)

NOTHING TO BE Written in THIS MARGIN

SECURITY CLASSIFICATION

Top Secret

Confidential

Restricted

Ungfassified

PRIVACY MARKING

In Confidence

En Clair

Code

Cypher

Draft Telegram to:-

No

Peking

(Date)

LIINILLOS

And to:-

Repeat to:-

PRIORITY MARKINGS

Flash Irpefiedista Priority Routine

}

(Date)

Despatched

[Security_classification

any

[

Privacy marking -if any

[Codeword-if any]

Addressed to

telegram No.

MITI.

13

And to

Hoy kay (5)

Hong

]

13

IMUL

3

----

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Confidential

Peking

(date)...

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repeated for information to Gr. Hong Kong

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Our Telegram 441: MIS MARTIN

Mr McBain. [McBAIN]

A m

Miss

Mc Bain calle I

on Chinese

Saving to:-

Mission

She was

або

02

Distribution:-JH. FE.D

Consular Dept. 18.K.Jar! News Bybe 1.2.3 Copies hold.

SIC

150079

6 T

January. She

allowed to see the charge d'Affaires but was received by a junior spiccal.

He Mod

her in

reply

Fins de

to questions

her brother had violated chinese laws.

what laws then were

He could not say but said her brother would know. Miss McBain tasked how she might find out from her britter what he had done the chinese repte's wee

Mc Bain toch us

ht

avarive. Miss

Hat when she old an

emphasized that her brother was

rom

health and

༧༥ ༤༨༧༨,

Lim very

Jor

essed the chineze

pressed

for

same

sat

of confromation that

he was

still alive, it Chinese

described her

an

quacks arrogant дисва

unquate

and

・Demarked

that the

3.

2.

Chinese Peoples Repuller would not be beaten into submission. The

intervien lasted about forty minutes, and was wond

informed the

Mric The Brain informed

achranu t

entry and exit

puss

her the date call and

eating

wen filmed

who interviewed her

by

L.T.N.

معنا

afterwards. Nothing about the act has

Lowwer appeand

the press.

Hempre

object(

teleuria

the call

Gven #engt

farted to achieve its main

Never the

that Mais McBain, was

the Chinese úto

Rem

it on enchagin

drau

allet trai

argument. however

putlers, and find a vitrevalle whee si harping on her trike's ill-heallt and

سیلم

Mrs Maustin

on 12 inform

Па

press fun

Mr JANSEN, rephew of

on the chinese will be calling

He will scimitarly tign off the press January. we itell consider what putter action

should take in the light of my

are

Ksults

y

his call.

(1514) LA 102077

Видта

DEAR GW Bid Op 141

Ice

heated.

advance.

NOTHING TO BE WRITTEN IN THIS MARGIN

FEC inti

Far Eastern Department

12 January, 1970

(3

Mrs. Martin

Thank you for your letter of 7 January about Mrs. Martin.

I am extremely sorry to have to tell you that we have still had no newe from the Chinese authorities about Mrs. Martin despite the repeated formal representations which we have made to the Chinese Government both here in London and in Peking.

You will recall that we first heard about Mrs. Martin's arrest on 23 October, 1969 through her friends and colleagues in Shanghai, Immediately on receipt of this information, we asked the Chinese Office in London for details of the charges laid against her and news about her state of health. This was followed up by representa- tions in Paking and in London, the last occasions being 19 December when Lord Shepherd summoned the Chinese Chargé d'Affaires and 22 December when our Chargé in Peking, Mr. Denson, obtained an interview with Consular Department of the Chinese Ministry of Foreign Affairs. On each occasion the Chinese officials concerned declined to give any information of any kind about the charges made against her, her present whereabouts or the state of her health. We have made clear to the Chinese authorities that we regard this behaviour as wholly deplorable and unjustifiable, and we shall continue to make every effort to obtain information about Mrs. Martin.

The only piece of news we have had about her since her arrest comes from the Shanghai branch of the Hong Kong and Shanghai Bank. The branch received a letter from her on about 15 December giving certain instructions about the running of her house in her absence and peasing on Christmas greetings. The letter was perfectly lucid and written in a fair hand and the people concerned have no doubt that it came from Mrs. Martin. From this we deduce that Mrs. Martin is in reasonably good health and spirits despite her detention. But the refusal of the Chinese authorities to give any information about Mrs. Martin in the two latest interviews (both of which took place after she had sent her letter, presumably with the full knowledge and consent of the Chinese authorities) seems to us all the more incomprehensible and inexcusable.

W. 0. Barrington, Eaq,

Falcon Square,

Castle Hedingham,

Basex.

/I am

I am sorry that I have to pass on such gloomy news to you. I served in Peking from 1966-68 inclusive and Met Kre. Martin when I visited Shanghai in 1966. I can only say that I am personally distressed at the deplorable treatment of Mrs. Martin a feeling which is shared generally by everyone who is connected with her case.

(L. V. Appleyard)

(HAN). DE 391599 1,300w 2/69 Hw.

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry

No.

"CURITY CLASSIFICATION

Secret

Confidential. Restricted:"

Unclassified.

PRIVACY MARKING

In Confidence

DRAFT

To:-

W. 2. Barrington

Falcon Square,

Castle Hedingham,

Asex

6

Miss. Martin

Type 1 +

From

Untoneay

Telephone No. & ETC,

Department

Thank you for your liter of 7 January

about this. Martijn.

I am

Axtremely sorry to have to

му

tell you that we have stall had no

the

news from the Chimere auch hinlits about Mrs. Martin despite repeated formal

un now

representatio is which we

have made

to the Chimere hovemment both here in London and in being.

2.

You will recall that we first

heard about Mrs. Marthi's awet an

1969

23 "crater, though her friends and

Commedanimely alterafices in Shanghai. tore in receipt

of this information, we asked the Chiene

office

and in London,

Mice in Lamar for details of the chaye, laid afanuther and the news about her State of health. This was follared uphy representations in Pening the last occasions being 19 Accuber ten card Shepherd summined the Chinese Chargé d'Affaires and 22 december when

our Charge

Charge in Runing, hur sauson, obtained an intermen with Consular department of the Chinese Ministry of Foreign Affairs.

On each occasion the Chiere officials

informantering cancered declined to give any of any kind about And Martin, bes the

суатт

Charges made found her, her present Whereabouts of the state of her healed. The

have made clear to the Uniere austavite

that we we

Army

regard this behaviour as queste deplorable and

and we shall carture to

myle

inginstifiable, wound make every effort to obtain information about My Martin.

The

only piece of news we have had about her since her cure or comes from the Shayhaf brance of the Hay Kay and Shaughan Bank. The brance received a letter from her about 15 Accubed giving

Certain

NOTHING TO BE WRITTEN IN THIS MARGIN

(118281) DE 391599 1,500 269 Bw.

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry No.

*CURITY CLASSIFICATION

Top Secret.

Secret.

Confidential

Restricted. Unclassified.

PRIVACY MARKING

In Confidence

DRAFT

To:

Type 1 +

From

Telephone No. & Ext,

Department

certain

instructions about the ramming of

her house in her absence and passing

The letter was perfectly

thinkman greetings.

lucid and written in a fair hand and the people cancered have no doubt that it came from then Martin. From this we

Heduce that thin-Martin is in the

food

маханец

ney

health and Spirits despite her detention. Put the refusal of the Chimera autarties to give any information about

Ms. Martin in the two later intensiews (bust of which took place after the had pent her letter, presumably with the fact

and consent of the Chimera

knowledge

гледа

anstanties) seems to us all the move incomprehensible and in excusable.

1

Our

sorry

that I have to pass to you

on such gloomy news

/I

[

I served in Puing from 1966-68 inclusiva and not her. Martin when (cinted Shayhai

in 1966. I canonly say that I am persually

distressed at the deplorance treatment

of Mrs. Martin

A

feeling

which is Shared

Severally by everyone who is connected

with her case. As soon as we have any more definite information about her, I will get in Whath wit your gases.__

Int

NOTHING TO BE WRITTEN IN THIS MARGIN

7th Jan. 197

The secretary 11 Charge of Chinese Affairs

Foreign Ofiice

London 4.1.

Dear Sir,

brs. Ü.lartin, (shɛndɛi)

▲ choula ve oollyed if you could let me know

if there 16 any further news of the bve mentioned leay who was frrested by the Chinese Authorities in Shaughfl some tinc E¿0.

+

i am esking as I was resident in Senghɛl until

1952, na & close friend of Lrs. kertin.

L

Yours faitnruj

wo. Camington

#.V.Derrington.

2

1

RESTRICTED

FE

CYPHER/CAT A AND BY BIG.

ROUTINE FOREIGN AND COMMONWEALTH OFFICE

EGRAM NUMBER GUIDANCE 4

RESTRICTED.

SUBJECT:

TO CERTAIN MISSIONS 6 JANUARY 1970

BRITISH SUBJECTS DETAINED IN CHINA MRS. MARTIN AND MR. MC BAIN.

WE ARE CONCERNED ABOUT THE DEPLORABLE TREATMENT BY THE CHINESE OF TWO ELDERLY BRITISH SUBJECTS, MRS. CONNIE MARTIN AND MR. WILLIAM MCBAIN, WHO WERE ARRESTED BY THE SHANGHAI SECURITY AUTHORITIES IN OCTOBER 1969. SO FAR THE CHINESE HAVE GIVEN US NO INFORMATION ON THEIR STATE OF HEALTH OR THEIR WHERE ABOUTS, NOR HAVE WE BEEN ALLOWED CONSULAR ACCESS TO THEM. WE THINK THAT THE BEST PROSPECTS OF SECURING THEIR RELEASE MAY NOW LIE IN PUBLICITY WHICH CONCENTRATES ON THEIR OBVIOUS HARMLESSNESS, THEIR ADVANCED AGE AND, IN THE CASE OF MR. MCBAIN, HIS POOR HEALTH, WE SHOULD BE GRATEFUL, THEREFORE, IF POSTS, WHERE IT SEEMS APPROPRIATE, WOULD CONSIDER WAYS OF STIMULATING PUBLICITY FOR THE RIGHT OF THESE TWO PEOPLE. THE FOLLOWING BACKGROUND MAY BE

FREELY DRAWN UPON.

BACKGROUND.

2.

MRS. MARTIN IS 72 YEARS OLD AND IS AN EMPLOYEE OF THE SHANGHAI BRANCH OF THE HONG KONG AND SHANGHAI BANK. SHE HAS SPENT MOST OF HER LIFE IN CHINA. MR. MCBAIN IS 78 YEARS OLD AND IS A FORMER EMPLOYEE OF THE TRADING COMPANY, MOELLERS. HE HAS AN ACUTE HEART CONDITION WHICH MAKES HIM AN INVALID, AND UNTIL HIS ARREST HAD BEEN VERY LARGELY CONFINED TO HIS APARTMENT. WE ARE PARTICULARLY ANXIOUS LEST IF HE IS DEPRIVED OF HIS NORMAL MEDICAL TREATMENT, HIS HEALTH MAY DETERIORIATE FURTHER IN DETENTION.

APPROACHES TO CHINESE.

3. WE HAVE MADE A SERIES OF APPROACHES TO THE CHINESE IN LONDON AND PEKING TO OBTAIN INFORMATION ABOUT AN ACCESS TO THE TWO PEOPLE. THE LAST OCCASIONS WERE ON 19 DECEMBER WHEN LORD SHEPHERD SUMMONED

/MR. MA

RESTRICTED

+

RESTRICTED

-2-

MR. MA, THE CHINESE CHARGE D'AFFAIRES, AND ON 22 DECEMBER WHEN MR. DENSON HAD AN INTERVIEW WITH MR. T'ANG OF THE WESTERN EUROPEAN

EPARTMENT OF THE CHINESE MINISTRY OF FOREIGN AFFAIRS. ON EACH OCCASION THE CHINESE DECLINED TO GIVE ANY INFORMATION ABOUT THE TWO PEOPLE, ALTHOUGH TWO MONTHS HAD ELAPSED SINCE THEIR ARREST. 4. WE HAVE SINCE LEARNED THAT THE MANAGER OF THE SHANGHAI BRANCH

OF THE HONG KONG AND SHANGHAI BANK RECEIVED A LETTER FROM MRS. MARTIN ON ABOUT 15 DECEMBER. THE LETTER WAS LUCID AND WRITTEN IN A FAIR HAND. THIS WAS THE FIRST PIECE OF NEWS WE HAD HAD OF EITHER OF THE TWO PEOPLE SINCE THEIR DETENTION. THE FAILURE OF THE

#INESE TO GIVE ANY INFORMATION AT THE TWO SUBSEQUENT INTERVIEWS IS THEREFORE ALL THE MORE INCOMPREHENSIBLE AND INEXCUSABLE. OTHER BRITISH SUBJECTS.

5. ALTOGETHER THERE ARE STILL NINE BRITISH SUBJECTS DETAINED OR BELIEVED TO BE DETAINED IN CHINA. THESE ARE MR. GEORGE WATT, MR. D.C. JOHNSTON, MR. P.D. CROUCH, MRS. E. EPSTEIN, MR. M. SHAPIRO, MR.D.CROCK, MRS. GLADYS YANG, AS WELL AS MRS. MARTIN AND MR. MC BAIN. THE CHINESE HAVE STILL NOT GIVEN ANY DETAILS OF THE CHARGES LAID AGAINST THESE PEOPLE EXCEPT IN THE CASE OF MR. WATT, WHO WAS SENTENCED TO THREE YEARS' IMPRISONMENT ON 15 MARCH, 1968 FOR ALLEGED ESPIONAGE. MOREOVER, THE CHINESE HAVE NEVER GIVEN ANY INFORMATION ON THE WHEREABOUTS OR THE HEALTH OF ANY OF THEM, AND WE HAVE NOT BEEN GRANTED CONSULAR ACCESS. REFUSAL OF ACCESS.

6. WE DO NOT CHALLENGE THE RIGHT OF THE CHINESE TO DEAL WITH FOREIGN NATIONALS IN THEIR TERRITORY IN ACCORDANCE WITH CHINESE LAW. WHAT WE FIND REPREHENSIBLE IS THEIR CONTINUED REFUSAL TO GRANT ACCESS TO AND INFORMATION ABOUT THESE PEOPLE. THE CHINESE SOMETIMES SEEK TO COMPARE THE POSITION OF BRITISH SUBJECTS DETAINED IN CHINA WITH THAT OF COMMUNIST PRISONERS CONVICTED

/DURING

RESTRICTED

RESTRICTED

.0. NEL. NO. GUIDANCE ↳ TO CERTAIN MISSIONS

-3-

BING THE DISTURBANCES IN HONG KONG IN 1967. THIS COMPARISON IS

FALSE. THE COMMUNIST PRISONERS IN HONG KONG WERE CONVICTED

OF SPECIFIC OFFENCES IN OPEN COURT WHERE THEY WERE GIVEN AN

OPPORTUNITY TO DEFEND THEMSELVES. APART FROM THE CASE OF MR. WATT, THE CHINESE HAVE SIMPLY TOLD US THAT THE BRITISH SUBJECTS CONCERNED HAVE BREACHED UNSPECIFIED CHINESE LAWS. MOREOVER, THE VAST MAJORITY OF THOSE CONVICTED DURING THE DISTURBANCES IN HONG

KONG IN 1967 HAVE BEEN RELEASED AFTER SERVING THEIR SENTENCES

WITH REMISSION. THOSE REMAINING, WHO WERE CONVICTED OF SERIOUS OFFENCES, ARE ELIGIBLE FOR REMISSION AND HAVE NORMAL FACILITIES FOR VISITS BY RELATIVES AND FRIENDS.

EFFECT ON ANGLO/CHINESE RELATIONS.

7. THERE HAS BEEN A SLIGHT IMPROVEMENT IN RELATIONS WITH CHINA OVER

HE PAST YEAR, THOUGH THEY REMAIN POOR. TRADE IS RUNNING AT RECORD LEVELS, AND THE TREATMENT OF OUR MISSION IN PEKING HAS IMPROVED. THE RELEASE OF MR. ANTHONY GREY, THE GORDON FAMILY, CAPTAIN WILL AND MR. BARRYMAINE IN EARLY OCTOBER, 1969 WAS A WELCOME

STEP BUT THIS WAS OFFSET BY THE ARREST SHORTLY THEREAFTER OF

MRS. MARTIN AND MR. MCBAIN. WE HAVE MADE CLEAR TO THE CHINESE ON

NUMEROUS OCCASIONS THAT WE ARE INTERESTED IN BETTER RELATIONS. HOWEVER, THE DEPLORABLE CHINESE BEHAVIOUR OF THE CHINESE IN THE MATTER OF BRITISH SUBJECTS IN DETENTION IS A SERIOUS IMPEDIMENT

TO ANY SIGNIFICANT IMPROVEMENT,

STEWART

BY TELEGRAPH:

BRUSSELS

COPENHAGEN

THE HAGUE

O.LO

ROME

BERNE

DUBLIN

STOCKHOLM

NEW YORK (UKMIS) NEW YORK (BIS) VASHINGTON

AND SAVING TO CERTAIN OTHER POUTS

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GUIDANCE DEPT.

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