CO129-556-13 Traffic in arms to China 6-1-1936 - 13-1-1937 — Page 138

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23 53548

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138

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of arms in cases where the exporters had failed to obtain

a licence from their government.

It is not known to Mr.

Eden whether the Governor of Hong Kong has powers to detain

any or all goods in transit through the colony which have been

mi sdescribed. On the other hand, it would appear that he has the

w

power to control the movements of ammunition if not of arms

3 under the Dangerous Goods Ordinance No.1 of 1875, to which reference

was made in the enclosure to Colonial Office letter No. 53548/35

of the 11th March, 1935. Subject to the views of the Board

of Trade, Mr. Eden would suggest that the Governor be instructed

that in so far as it is legally possible he should detain any

consignments of arms in transit for China which have been shipped

under a false description. In the case of arms consigned from

a country which has adopted a licensing system, the Governor

should only permit them to proceed when a copy of the export

licence has been produced; in the case of arms consigned from

other countries he should request instructions, when the case

may be considered on its merits. Mr. Eden is advised that

action of this nature would not conflict with the obligations

imposed by the Barcelona Convention and Statute on Freedom of

Transit.

China has not ratified the Convention, and Article 6.

provides that the Statute does not "impose on any of the Contracting

'States a fresh obligation to grant freedom of transit

"the goods

to

destined for a non-Contracting State, except when

"a valid reason is shown for such transit by one of the other

"Contracting States concerned". In the event of a Contracting

State objecting to the denial of transit facilities, it is considered

that/