CO129-509-5 Applications by Japanese fishermen to use Hong Kong as a base 16-1-1928 - 9-8-1928 — Page 22

☛ 1165/1165/23

POALIGN OFFICE

3.W.1.

31st March, 1928.

22

sir.

I am directed by Beorotary Sir Austen Chamberlain to

tranumit to you herewith a copy of a letter from the

Colonial Office regarding applications by Japanese firms

for permission to use Hongkong as a base for deep san

fishing. In the particular case under consideration,

permission has been granted subject to the business having

been started by the 10th August, 1928. The Colonial

Secretary of the Hongkong Government has, however, informed

the Japanese Consul General that no further applications

of this type can be entertained.

2. The question arises whether, in view of the

provisions of the Anglo-Japanese Treaty of 1911, to which

Hongkong haa nooedeŭ, the Governor has the right to

refuse permission to a Japanese subject to establish

himself in Hongkong for this purpose. The Hongkong

Merchant Shipping Ordinance of 1899 gives him power to

make regulations for the management, working and control

of all fishing operations generally in the waters of the

Golony (Article 29 (4)); it also empowers him to make

regulations for licensing launches of the type proposed

to be used by the Japanese (Article 37). The present

application, however, concerns fishing not in territorial

watera but on the high sens, and is therefore not covered

by/

The Secretary

to the Board of Trade.