COFY.
60
Honourable Colonial Secretary,
1.
The letter of the 11th August from the Douglas
S.S. Co., Ltd., claims that the mine was Japanese; but from
the Faster's report it might just as well have been Chinese.
2.
I am not aware of the authority for the opinion
of the Company's legal advisers that "the action of the Japanese
in laying mines within the territorial waters of China is illegal and contrary to international law".
3.
Under Hague Convention lo. 8 of 1907 it is
forbidden to lay unanchored automatic contact mines except when
they are so constructed as to become harmless one hour at most
after the person who laid then ceases to control them, or to
lay anchored automatic contact mines which do not become
harmless as soon as they have broken loose from their moorings,
or to lay automatic contact mines off the coasts and ports of the enemy with the sole object of intercepting commercial shipping. Then anchored automatic contact mines are employed every possible precaution must be taken for the security of peaceful shipping. Belligerents are expected to notify danger zones as soon as military exigencies permit by a notice addressed to ship-owners which must also be communicated to the Governments through diplomatic channels.
(SD.) C. G. ALABASTER,
Attorney General,
18th August, 1939.
Page 60Page 61
T. 1 (1.)
Mame to be Printed in Block Letters.
88
Gross tonnage.
Net register
Iron, steel, or wood.
tonnage.
(a) 3554
(b) 2225