23
by Artiole 39 of the Merchant Shipping Ordinance.
Fresumably, also, the expression "national fisheries” in Article 25 of the Anglo-Japanese Treaty refere only to
fisheries from which a State is entitled to exclude
foreigners, which, generally speaking, would mean
fisheries in territorial waters. It is possible, therefore, that the Japanese could claim national treatment in respect
of facilities for fishery on the high sene under the
provisions of Articles 1, 6 or 17 of the Treaty.
If 19.
it is not clear upon what ground the Governor could refuse
the permission requested, subject of course to the
observance by the Japanese of municipal laws and regulations,
unless such permission might in similar circumstances de
refused to a British subject, and of this there is no
evidence. It is difficult, therefore, to see why the
Japanese should require permission to establish a business
of this kind, though they certainly seem to assume that
o
such permission is necessary.
2. Sir Austen Chamberlain would be grateful for any
observatiome the Board of Trade may desire to offer upon
thia correspondence, and for any suggestions they may have
to make as to the answer to be returned to the Colonial
Office.
4. A copy of this letter has been sent to the Colonimi
office and to the Admiralty.
I am.
sir.
Your obedient Servant,