27
Japanese Consulate-General for the purpose
of bringing the transaction to their notice.
In the absence of a formal state of was
With regard to the Tupanese
the question of the Declaration of London in relation
Government allowing these shipb the freeiom
to the proposed to and for, which was raised by the Company,
of the sede under the Declaration of London,
It falls to lo
this question does not arise in the abe
of
Considered, how, whether,
fonmol etate
if a state of
war were to be recognised before, or even
shortly after, the completion of the
contemplated transfer, it
the Japanese Government would be
bound to regard the transfer as operating
to divest the vessels concerned of their
previous enemy character,
The provisions
of the Declaration of London, which was
ham noreal force except in so far as they an
never ratified,
declaratory only of pre-
existing practice. In this case by previous
which was that
British and American practice, a vessel was
divested of enemy character provided that
the transfer was bona fide, that the previous
enemy owners retained no interest in the
vessel and had not the right of eventual
repurchase, and that the transfer was not
fact
the relevant provisions in represent a certain departame
from
made