CO129-509-5 Applications by Japanese fishermen to use Hong Kong as a base 16-1-1928 - 9-8-1928 — Page 23

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by Artiole 39 of the Merchant Shipping Ordinance.

Fresumably, also, the expression "national fisheries” in Article 25 of the Anglo-Japanese Treaty refere only to

fisheries from which a State is entitled to exclude

foreigners, which, generally speaking, would mean

fisheries in territorial waters. It is possible, therefore, that the Japanese could claim national treatment in respect

of facilities for fishery on the high sene under the

provisions of Articles 1, 6 or 17 of the Treaty.

If 19.

it is not clear upon what ground the Governor could refuse

the permission requested, subject of course to the

observance by the Japanese of municipal laws and regulations,

unless such permission might in similar circumstances de

refused to a British subject, and of this there is no

evidence. It is difficult, therefore, to see why the

Japanese should require permission to establish a business

of this kind, though they certainly seem to assume that

o

such permission is necessary.

2. Sir Austen Chamberlain would be grateful for any

observatiome the Board of Trade may desire to offer upon

thia correspondence, and for any suggestions they may have

to make as to the answer to be returned to the Colonial

Office.

4. A copy of this letter has been sent to the Colonimi

office and to the Admiralty.

I am.

sir.

Your obedient Servant,