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DEATH
NIELSEN—At the War Memorial Nursing Home, on July 10, 1040, Captain Emilius Nielsen of the Cablesteamer "Store Nordiske", 42 years, born at Aarhus, Den- mark. A funeral service will be held in the chapel of the Colonial Cemetery, Happy Valley, at 6. p.m. to-day.
The
Hongkong Telegraph.
Thursday, July 11, 1940.
Wyndham St., Hongkong Telephone: 20015
THE pref "Special to the Telegraph" Jo used by the "Hongkong Telegraph" to indicate news which is strictly copyright under the provisions of the Telecommuni- cations Ordinance, 1936. Buch news as | bears the indication “UP” is received in Hongkong on the date of publication by the United Press Associations, who re- serve all rights and forbid republication, either wholly or la part without previous arrangameEL
Command Of Home Defence
In appointing Gen. Ironside Commander-in-Chief of Home Defence, the Home Government have shown recognition of the new problems forced-upon the country by the surge of the war to the narrows of the Channel. Sir Edmund Ironside'e trans- ference from the post of Chief of the Imperial General Staff puts most of the forces of the Army allotted to the protection of the home country under the control of a soldier of the highest distinction, and of capacity both as an organiser and in the field. It is fortunate that in Sir John Dill, who was brought back from France not long ago to gerve as Vice-Chief, Gen. Ironside has
4 successor who commands the complete confidence of the Army and whose insight and judgment may be relied on by the War
"MASTERY OF THE AIR" Cabinet
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July 11, 1940. :-
HONGKONG
and
the law of
BLOCKADE
With the land blockade of Hongkong actually in opera- tion and the possibility of a Ren blockade in the offing, It is time to take stock of the situation.
In the first place, we must raise the question: What would be the motive behind a blockade, actual or Impending? Secondly, would such a blockade ba deemed Justifiable and expedient?
Before proceeding on with these questions a few words, by way of explanation, should be said about blockade. In n general sense, blockade means "the shut- ting up of a place by troops or ships so as to prevent ingress or egress" (Webster). It is prac--
with tically
synonymous
the
word slege.
In this light, therefore, wo might say that Hongkong has been blockaded by Japan for almost two years, to wit, since the fall of Canton,
con-
HOWEVER, we are cerned only with the technical sense in which blockade is understood.
+
So rega led, it refera mainly to operations or investment by water. It is the taking up of positions by ships of war of one State to pre- vent traffic by sea to and from certain of the parts or coasts other of the State,
duration, excluding the possibility of any untoward development.
In July 1803, France Instituted what she called "un blocus pacifi- que' of the
Stamese coast, The blockade Was raised, however, three days afterwards, mainly be
of British protests. War night well have been precipitated had the blockade continued, as Great Britain, although a third State; seemed to have been in- clined to regard. the measures taken by the French as acts of war.
THIS clearly shows that the danger of war, which a pacific blockade may create, is not al- ways confined to the blockaded. and the blockading States, but may involve the blockading State with a neutral or third State.
The right of a blockading State against the third State is not so clear-cut 118 that against the blockaded State.
such In fact, right has never been definitely conceded.
The legal position of both parties is well
expressed by Hall in passage
which has now become classical. Objecting to the right of a blockading State to interfere with the right of trade and com- munications of a third State with
of the blockaded Stute in time peace, he says: "No State can ex- pect another to submit to annoy- ance, still legn to loss, for its con- venience. It is only under Use
by.
supreme neces-
aliles of war, when the gain
or loss of belll- gerent States Is out of to
Dr. Lin Wo-Chiang wholly
Again, in
distinction has this sense, a been made, since
first the quarter of the last century, of two kinds of blockades, viz., ordinary and pacific blockades. A blockade of Hongkong would be, and could only be, of the lat- ter kind-a pacific blockade; for It is to be remembered that re- Intions between Great Britain and all countries. except Germany and Italy are on a peace footing.
With the ordinary blockade we are not immediately concerned, for this is an act of war, pure and simple. It is resorted to only be- tween belligerents. What follows is, therefore, a discussion from the standpoint of Pacific Blockade.
--PACIFIC blockade-is-a-bloc.............
kade during time of peace, re- aorted to as a compulsive means of settling aa International dif- ference.
As such, It has been placed in the same class with retorsion, re- prisals and intervention, as mea- gures short of war. Its objject is principally coercion, and implies employment of force.
It is this Just significance physical coercion--which previous- jurists regard ly made so many proved
Taking over the Home Defence post from General Kirke, whose invaluable work for the Terri torial Army will long be remem- bered, General Ironside has urgent tasks. To cope with the danger of invasion by parachute troops and troop-carrying 'planes there must be reorganisation on a comprehensive scale. Hun- dreds of thousands of Local Defence Volunteers have to be made effective swiftly and fitted into larger plans for bringing up Home Defence units of the Army to points in dangor. Govern- mont realises the full scale of the problem and the necessity of giving General Ironside ample powers and he will exercise precisely the same authority as
Gen. Kirke, There will be 110 division of authority baneful to efficiency and the Commander- in-Chief of Home Defence How controls all defensive action..
phelfie blockade us illegal, because, so they sold, the employment of acts of force was incompatible with a state of peace. Nowadays questions of the legality of pacific blockade no longer arise, provided that it is carried out within the bound of customary International rules. However, there are other arguments advanced against such institution.
It has been objected to on the ground that the establishment of pacific blockade may lead to war. It is, as a Continental jurist de- eribed it, a mixture of war, with peace (melange de la guerre duec la paix). Such "practice.. tends to blur that clear line of demarcation which for the getieral good of the body of States should be drawn between peace and wor," Buys Hogan, in a treatise on pacifle blockade.
These are practical objection, especially if we bear in mind the fact that a blockaded State may choose to consider the blockade es warlike, or as an act of war, and thereupon a State of War will immediately ensue,
war which That this fear of war
may follow a seemingly pacifie praclico is by no means unfounded is proved by historical Instances. Of the twenty-one blockades, from down to the beginning of the
782 century, five resulted in
war, according to a
a survey by Hogan. That the percentage of War was not higher was, as I be lave, due to the fact that the pacific blockades, have always been directed against weak States and rarely against strong States, unless there has been a combination "of naval Powers. In some cases, too, the blockade was of very brief
!
proportion the loss inflicted upon neutral In- dividual that other States can be reasonably risked to forego their right of intercourse enemy.
with
the
The legal principic expressed above has always been insisted upon by the United States, champion of neutral rights, during more than one pacife blockade.
In the blockade of the island of Crete, in 1897, by the six European Powers, the United States took the position that as far as it was con- cerned It could not be bound by the blockade and that it could not concede "the right to make such a blockade
and receiving the of all international consideration of rights and of any question which may
in any way affect the com- incrce or interests of the United States.
Again, in the blockade against Venezuela by Germany and Great Britain in 1902, the United States asserted similar right as a neutral,
that the saying
United States
adhered to its..
..position in the case of the Creton blockade and there- fore did not acquiesce in any ex- tension of the doctrine of paelle blockade
which may adversely affect the rights of States not par- ties to the controversy, or dis- criminate against the commerce of neutral nations."
RECOGNISABLE as an admis- sible measure for, settling inter- national difference as pacific block- ade is to-day, it lacks, nevertheless, the support of international con- vention, such as to be found behind that of the ordinary blockade.
The Declaration of London, 1909, deals only with ordinary blockade in time of war.
However, there are some fea- lures which they have in commun, e... that it should be omelally declared and notifed and that it should be maintained by a suf- ficient force, etc.
The gulding principles for pacifie blockade in extent are, perhaps, 050 rules adopted by the Institute those of International Law in 1887:
a
The establishment of blockade without war cannot be considered as permitted by Inter- national Law except under the following conditions:
"1Ships under a foreign flag can enter freely notwith- standi the blockade.
pacific blockade must be oficially declared and notified, and maintained by a sumelent force.
The
of the blog- ships kade
Power which do not respect such a blockade may be sequestered. When the blockado has ceased they must be re- stored to their owners with their cargoes, but without Inderally on any ground."
It is true that these, rules, have never been adopted by the nations of the world, but, they have always been regarded as the most authori tative: juridical opinion on the maiter, which were reduced into rules of what had been established before by practice,
WITH these general observa- tions on the nature of pacific blockade, we may examine a little closer one or two points which affect the blockaded State, before dealing with the questions raised at the eatset of this article.
A vital question concerning the blockaded State is how would its. ships be treated by the blockading
-
FUNNY SIDE UP
By Abner Doan
Cope, 1949 by Ľadion Fotka krušenán, Ins
"I told her to go right ahoad an' get married
can find a guy up to my standard!"
State? This depends on clrcum- stances.
As mentioned above, the oblect of a pacific blockade is coercive in nature. It is Instituted with the intention to force the blockaded Stute to comply with the require- ments, whatever they may be, of the blockading State.
That being the case, the latter would see that the commerce of the former be cut off by preyent- ing its ships from entering or leaving their home ports.
A blockade need not be unl- versal.. It may only be directed against importation of certain com- modities or cargoes, stich'ns arms and war material or goods primari- ly for the use of troops.
The Intercepting of food for the populace of the blockaded place has never been a recognised prac- tlee.
Thus, in 1880, when the coasts of Greece were blockaded and there was a shortage of food, the British admiral on the spot was instructed by the British Government that: "should any netunt distress arise in the island from food being scarce
that you have authority to do all you think necessary to relieve It, and even permission may be granted to vessels carrying pro- visions
เ
if sho
from olding China is highly ques- tionable.
It is true that as far as Japon and China are concerned, the pro- sent hostilities create a state of war, albeit undeclared, between the two countries.
But as to third States, the ab- sence of a declaration of war de- prives it of the legal status of war, in which the rights and duties be- tween belligerent. and neutral stulce may be enforced,
J
In other words, a declaration of war, as it has been well said "is suficient evidence that peace has been transmuted into war and that the law of wo
wor has replaced the of low
peace," Viewed from this light, a bloc- kade of the Colony with the sole purpose of obtaining an object in which the right is questionable, would be deemed not only unjusti~ flable, but also inexpedient.
RADIO
ZBW, 355 metres (845 kc.) ana 31.49 metres (9,520 kilo-cycles)
Another thing in connection with A Play and Other Relays
the ships of the blockaded States is that if they attempt to break or 'run the blockode" they can be seized and detained, but cannot be condemned, as in the case under ordinary blockade. They will be handed back to the Injured when the blockade is raised.
owners
un-
-TO-return-to-the first. question.. as to what might be the motive behind a blockade of Hongkong, it is apparent that such an action could only be linked to the re- cent demand that Great Britain ccasé.supplying China with arms and munitions through certain routes,
18
From London.
Radio Programme Broadcast by ZBW on a Frequency of 845 ke's. and on Short Wave from 1-2.15 pm, and 8-11 p.m. on 9.32 m.c's. per second.
12.15 p.m. Short Service of Inter- cession.
12.30 Francis Langford (Vocal) and Quentin Maclean (Organ),
12,60 Plano Duets by Jean Wiener and Clement Donce.
1 Local Time Signal and Weather Report.
1.03 "s" from the Films. 1.30 Reuter and Rugby Press, Weather Forecast and Announce ments.
1.45 Jack Hylton and His Oroben- Sisters and "Hutch."
2.15
6 Dance Music,
It would be just an employment tra with The Duncan of physical force to compel Great
Close down. Britain to comply with her res
If Japan's demand quests. limited to preventing transporta- tion of war supplies to China from Hongkong, the blockade will prob ably be one directed against im- by portation of this type of cargoes British ships or even by those of the third States. As such trame has piready ceased in the Colony,. the cause for the blockade no jonger exists.
0.47 Closing Local Stock Quiota- tions.
But as we understand it, the more far-reaching: it demand in touches question of the supply route from Burma to China, among other
things.
Japan may not be satisfied with the assurance that Hongkong has for some time ceased to be a port of transportation for war material to China.
In that case, a universal blockade could tak
take place in which general cargoes carried in British boltoms would be prevented from making the port of Hongkong.
It is not believed that Japan would go so far as to prevent the Importation of dally necessities for
civilian the
population here, nor would she enforce the blockade against the Incoming ships of the third States with general commer- clal commodities,
to the
To alop food supply to
Colony would be tantamount to
0.49 Stravinsky---The Firo-Eird Suite, Leopold Stokowski and Phils- delphia Orchestra.
7.10 A Bhort Concert, by Joseph Szigeti (Violin) and Walter Gieseking (Plano).
(Schubert, Op. · ·63- -ars. Rondo Friedberg); Scherzo Valse (Chabrier, arr. Loeffler)....Joseph Szigeti (Vio- in) with Nikita de Magaloff at the Plano; L'Isle Joyeuse (Debussy); Pagodes (Estampes No. 1-Debussy)
Walter Giesekding (Piano); Men
(Debussy-Dushkin).....Joseph
at
Szigeti (Violin).
7.30. London Relay-The News. 8 Local Time Signal, Weather Report and Announcements,
8.03 Selections from Light Opera, 8.15 London Relay-The King of Spain's Daughter".
Play.
8.35 The New Mayfair Orchestra. and Charles Kullman (Tenor).
9 London Belay-The News and Topical Talks,
9.45 The London Plane-Accordeon. Band and The Hill Billles,
10 New Dance Muse and Variety.. 11. Close down.
the instituting of starvation Straw Needed
blockade, utterly unthinkable in time of peace: while the Inter- ference with legitimate trade of the third State with this, inter- national port could, as suggested in the discussion above, involve Japan in war with the third State.
HOW for would. Japan he. Justifled in blockading Hong- kong, If the abject fa, as mon- tloned above-to stop supplying China with war material through
British territories
In this respect I
thoroughly
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