☛ 1165/1165/23
POALIGN OFFICE
3.W.1.
31st March, 1928.
22
sir.
I am directed by Beorotary Sir Austen Chamberlain to
tranumit to you herewith a copy of a letter from the
Colonial Office regarding applications by Japanese firms
for permission to use Hongkong as a base for deep san
fishing. In the particular case under consideration,
permission has been granted subject to the business having
been started by the 10th August, 1928. The Colonial
Secretary of the Hongkong Government has, however, informed
the Japanese Consul General that no further applications
of this type can be entertained.
2. The question arises whether, in view of the
provisions of the Anglo-Japanese Treaty of 1911, to which
Hongkong haa nooedeŭ, the Governor has the right to
refuse permission to a Japanese subject to establish
himself in Hongkong for this purpose. The Hongkong
Merchant Shipping Ordinance of 1899 gives him power to
make regulations for the management, working and control
of all fishing operations generally in the waters of the
Golony (Article 29 (4)); it also empowers him to make
regulations for licensing launches of the type proposed
to be used by the Japanese (Article 37). The present
application, however, concerns fishing not in territorial
watera but on the high sens, and is therefore not covered
by/
The Secretary
to the Board of Trade.