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(F.188/158/10).
Code telegram to Sir R.Craigie (Tokyo).
Foreign Office. 8th January 1938. 7.15 p.m.
No.20.(R).
Shanghai telegram No.9.
It appears that Japanese authorities are trying to
prevent merchant vessels other than Japanese from proceeding
up the Yangtze while encouraging downward traffic doubtless
with a view to monopolising the river for their own shipping.
British merchant ships were granted the right to trade
upon the Yangtze by Article 10 of the Tientsin Treaty of 1858
and Section III(1) of the Chefoo Convention of 1876 and (that
by Article 52 of the former treaty British ships of war are at
liberty to visit all ports within the dominions of China i.e.
all riverine as well as maritime ports. Further, by long
continued usage British war and merchant ships have freely
navigated the Yangtse with the full consent of the Chinese
Government. Please inform the Japanese Government that His
Majesty's Government intend to continue to exercise these rights
for both warships and merchant ships and it is for the Japanese
forces to take care to identify shipping before it is attacked.
You should add that His Majesty's Government recognize
that where hostilities are actually taking place on the banks
of the river it may be advisable for safety anchorages to be
designated, but that such an arrangement is entirely without
prejudice to our treaty rights and does not in any way minimise
the duty of the Japanese to take all possible steps to avoid
damage to neutral interests.
According