3/1879/33. BY SAFE HAND.
SECRET.
14
28th December, 1934
Evel
ti
(4)
Sir,
I have the honour to acknowledge the receipt
of Your Excellency's Secret letter No.02512 of 4th December
1934, regarding the movements of H.I.J.M.S. "Saga" and to
invite Your Excellency's attention to the provisions of
Clauses 10, 12, 13, 14, 15 and 15A of Table M of the
Merchant Shipping Ordinance (No.10 of 1899). Copies of
these regulations are enclosed. The principles to be
observed in these matters are laid down in Confidential
Memorandum No.500 M by the Oversea Sub-Committee of the
Committee of Imperial Defence, dated 7th June, 1921, (copy
Not attached. enclosed) from which it will be seen that the regulations
in question if not positively ultra vires are not enforcible
by penalties in the Colonial Courts. On the other hand the
instructions forbid drastic action of any kind and I find
it difficult to envisage any circumstances short of the
imminence of hostilities (which such action might even
precipitate) in which sanctions for disregard of the
published regulations could be made enforcible at law.
2.
These regulations were brought to the notice
of the Consular body at the time of issue and there is no
reason to think that the Japanese Consulate is not aware
of them. They are, however, so far as the use of the
His Excellency
The British Naval Commander-in-Chief,
China Station.