CO129-563-16 Sino-Japanese War- attacks on shipping 6-9-1937 - 13-11-1937 — Page 90

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S&& (2) quer minute of 21/9/37

17.1-

"Vessels employed exclusively in coast fisheries,

in local trade, are exempt

"or small boats employed in local trade,

"from capture together with their appliances, rigging,

"tackle and cargo.

"This exemption ceases as soon as they take any

"part whatever in hostilities.

"The Contracting Powers bind themselves not to take

"advantage of the harmless character of the said

"vessels in order to use them for military purposes

"while preserving their peaceful appearance."

There are two difficulties about quoting the

above provision of the Convention. The first is, of

course, that technically there is no war (that is to say,

there is in fact, but the Japanese say there is not one).

Secondly, the ships not being British ships, it is really

for the Chinese, and not us, to make representations on

the basis of the Convention.

In spite of both these

points, we feel that we could take the matter up

unofficially with the Japanese, making use of the Convention

and of the argument that the boats are utilised solely

for the supply of foodstuffs to the population of Hong

Kong, which includes many Japanese.

There

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