diplomatic action is inadmissible unless and
40
until such legal remedy has been exhausted with
the result that a failure or denial of justice
has occurred. In the present case the ownere
of the "Irene", The China kerohants Steam
Bavigation Company, quite properly took steps
to enforce the legal remedy which was open to
them in the British Courts, by instituting pro-
seedings in the Supreme Court of Hong Kong
against the officer commanding H.K. submarine
I.4. when the esse came on for trial, however,
on January 17th, 1929, the plaintiffs offered no
evidence and submitted to judgment against them.
It is obvious, thereforop that the conditions in
which alone a claim for ompensation can be made
through the diplomatic chanuel are not fulfilled
in this ease.
17. It goes without saying that His
Majesty's Government much regret that the action
of one of His kajesty's ships should have
resulted in the death of citizens of a state
with
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