CO129-435 - Governor Sir May & Acting Governor Claud Severn - 1916 [9-11] — Page 238

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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to diverge. The United States Government, perhaps

fortunately, misunderstands the meaning and intention

of the joint Allied note so that it is admissible to

explain its terms in further detail and there is nothing

in the declarations as above revised inconsistent with

the original declarations of which indeed they are

merely an expanded form, embodying the logical con-

clusion from the argument that immediately precedes

them in the joint note.

The Council attach great importance to an explicit

statement of the principles underlying the practice

of the postal censorship with regard to the detention

of correspondence. In the joint Allied note the

discussion was permitted to stray beyond an exposition

of the justice and necessity of the military measures

being taken and was, to some extent, confused by the intrusion into the argument of political considerations advanced in a spirit of compromise. The United States

Government has been quick to take advantage of the equivocal language used in the third paragraph of the Allied declaration in which an assurance is riven of temporary fidelity to engagements which are not admitted to be nor are in fact binding. Ignoring the qualifying phrase "for the present", which was clearly intended to suggest a concession to goodwill rather than to admit a right, that Government proceeds to base on the qualified gift of an inch a claim to a substantial ell, in the shape of a complete renunciation of the right to detain correspondence whether found on the high seas or in ships which voluntarily or involuntarily enter territorial waters. Nothing will meet this point but an unequivocal declaration the the action of the Allied Governments does not, in fact, constitute any violation of the usages of International Law. Article 1 of the 11th Hague Convention provides

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