CO129-509-5 Applications by Japanese fishermen to use Hong Kong as a base 16-1-1928 - 9-8-1928 — Page 19

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On the other hand, the Boerd do not consider that the

expression "national fisheries" used in Article 25 of the

treaty has the narrow interpretation placed upon it in your letter under reply, and this view is confirmed by the

following extract from a note addressed to ir Hubert

Llewellyn mith by the Japanese Ambassador on 26th

January 1911:-

"The words "national fisheries" means the fisheries

"carried on by the nationals outside of home waters using

the home country as the besis of equipment of vessels and other preparations. It is intended by the first part of

this article that, while the produce of auch fisheries may

be granted the privilege of duty free or less than the

ordinary tariff, the other countries are not to be allowed

to enjoy the same privilege, stipulations of this treaty notwithstanding"(ree Foreign vffice print of correspondence

between ir H. wellyn Saith and r. Kato, Confidential 9813 June 1911).

Hlaving regard to this interpretation of the

stipulations of Article 25 of the treaty, it appears to

the board that the Japanese Government would not be

entitled to object on treaty grounds should the

Hongkong Government decide to impose e special duty on

fish caught on the high seas by fishing boats, the property

of