CO129-556-13 Traffic in arms to China 6-1-1936 - 13-1-1937 — Page 5

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The action mustler

Crasco

ten local law. The question is white

In local law infringes

the stabuh.

(c).

Section 5(1)(a) renders it lawful for the

Governor-in-Council to declare by regulation

"that any substances whatever shall be deemed

to be dangerous goods within the meaning of

this Ordinance". (I assume that the term

"substances" can,

in view of the list given in

Section 3 of the Ordinance, be held to include

articles such as arms.)

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The Foreign Office further suggest

that action could be based on the terms of

Article 5 of the Barcelona Statute. It is not

improbable that a Government which could be

induced to take up a case of this nature

пернасил

would be inclined to be action based

thereunder as spoke disingenuous, and I

think it would be better if we could avoid an

appeal to international law in this matter,

especially as we ourselves might have a good

deal to lose by the creation of a precedent

arising from a slightly strained interpretation

of the Statute.

Subject to legal observations on

the validity of the points raised above, I

would suggest that we should instruct the

necessary

Government of Hong Kong to base any/action on

the existing Ordinances referred to above,

sending a copy of the draft to F.0. for

concurrence.

Drafts herewith for conson.

Cy Carstairs 5/3/36

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