CO129-563-17 Sino-Japanese War- attacks on shipping. For extracted photographs see CN 3-12 27-9-1937 - 17-1-1938 — Page 28

[This Document is the Property of His Britannic Majesty's Government, and should be returned to the Foreign Office if not required for official use.]

28

To

CHINA.

Cypher telegram to Mr. Howe. (Shanghai).

Foreign Office.

No. 5.

January 3rd, 1938.

3.55. p.m.

-000-

10!

His Lajesty's Government have had under consideration the

difficulties which would arise for Hongkong if Chinese warships

were to attempt either to take refuge within or to conduct

operations from the territorial waters of the Colony. The

Chinese can point to the clause in the Peking Convention of the

9th June, 1898, which secures to Chinese vessels of war, whether

neutral or otherwise, the right to use the waters of Mirs Bay and

Deep Bay. If a formal state of war were in existence, His

Majesty's Government would not be prepared to permit any use of a kind which would conflict with their obligations as a neutral;

alternatively, they would have to accord a similar indulgence to

the other belligerent. They would accordingly only interpret

the provision as meaning that they were not entitled (as they

otherwise would be, though not compelled to close these waters

entirely to Chinese warships. They would also rely on the

interpretation placed on the provision by the Viceroy of Canton

and quoted in the Note from the Yamen to Her Majesty's Minister of

the 10th September, 1898.

2. Although no formal state of war exists, complications

must inevitably ensue if belligerent warships were to be permitted

to use Hongkong waters for belligerent purposes in a manner which would be contrary to the normal rules of neutrality, and it

therefore appears desirable to act as though a state of war wore

in existence. The Governor is therefore being instructed that, although he need not object to innocent passage of belligerent

warships through Hongkong waters or occasional brief visits of not

inore.

•