29
of international law that where the municipal
courts of the state concerned afford a legal
remedy against the action complained of,
diplomatic setion is inadzissible unless and
until such legal remedy has been exhausted with
the result that a failure or denial of justion
has occur. ed. la the present oase the owners
of the "Irene", The China Lerchants SteaE
Navigation Company, quite properly took steps
to enforce the legal remedy which was open to
them in the British Coarts, by instituting pro-
eeedings in the Supreme Court of Hong Kong
against the officer commanding H.M. submarine
L.. When the esse came on for trial, however,
on January 17th, 1929, the plaintiffs offered no
evidence and submitted to Judgment against them.
It is obvious, therefore, that the conditions in
which alone claim for compensation dan be
made through the diplomatic chamel are not
fulfilled in this case, and this in itself
furnishes a sufficient reply to the claim sade
in Your Exoellenoy's Note.
1'