In any further communication

on this subject, please quote

No. F 10756/6826/10

and address-

not to any person by name

but to--

4.

The Under-Secretary of State,"

Foreign Office,

London, S.W.1.

24

30.

FOREIGN OFFICE.

S.W.1.

21st October, 1938.

26.

sir,

I am directed by Viscount Halifax to refer to

paragraph 4 of Colonial Office letter No.53838/10/38 of

the 13th October, inviting his observations on a despatch

from the Governor of Hong Kong on the subject of attacks

by Japanese naval forces on Chinese fishing junks which

have their base at Hong Kong.

2.

Lord Halifax is advised that the absence of any

specific statement that the junks were of British ownership,

although it may preclude the presentation to the Japanese

authorities of a claim for compensation, would not preclude

the entering of a protest at the action of the Japanese and

of a request for its cessation, if such a procedure was

considered desirable. Such a request might, it would appear,

be based on any or all of the following grounds:-

(a) the desirability of maintaining good relations between

the Japanese Government and His Majesty's Government, and in

particular the local Japanese authorities and the Government

of Hong Kong.

(b) the general principles of international law, since the

Japanese Government, like His Majesty's Government, have

subscribed to The Hague Convention which forbids inter alia

attacks on, or even the capture of, fishing vessels; further,

Japan /

The Under-Secretary of State,

Colonial Office.

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