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| To E. A Seal (Admy) -110
σ
To. J. Henderson
14.5·38
4
لات
yaşeı
B
27.5.38
To R. Shackle.
4. Adry (Military Branch) 19.03084/38
2.6.38
Gives views on export of torpedo boats ; & suggests legal opinion should be obtained if there is
on the matter.
any
doubt
% на иконк
teritory is to
hi ngonded as one teritor the consignment Canne
regarded and infransit, or Concerned with the Convention at
all.
Eil
I have discussed this complicated question
with Mr. Gent, Mr. Henderson (Foreign Office) and
Mr. Jarrett (Admiralty). Mr. Gent has also
consulted Sir G. Bushe.
There are really two questions here from
ere,
The
a legal point of view. The first is the precise
application of the Barcelona Convention.
Admiralty view in No. 4 is that these particular
torpedo boats would not be entitled to "in transit
status" under the Convention as Hong Kong could
be considered to be part of United Kingdom
territory for the purpose of the Convention, and
hence these boats would not be on a passage which
began as well as terminated beyond the frontier
of the State. The wording of the Convention makes
its precise application on this point somewhat
doubtful, but Sir G. Bushe is inclined to think
that the Admiralty interpretation is incorrect and
that Hong Kong cannot be considered as United
Kingdom territory for the purpose of the Convention.
In this case it is hardly necessary to
seek