CO129-565-1 Indo-China Steam Navigation Company- acquisition of Chinese merchant steamers 30-9-1937 - 6-4-1938 — Page 27

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Japanese Consulate-General for the purpose

of bringing the transaction to their notice.

In the absence of a formal state of was

With regard to the Tupanese

the question of the Declaration of London in relation

Government allowing these shipb the freeiom

to the proposed to and for, which was raised by the Company,

of the sede under the Declaration of London,

It falls to lo

this question does not arise in the abe

of

Considered, how, whether,

fonmol etate

if a state of

war were to be recognised before, or even

shortly after, the completion of the

contemplated transfer, it

the Japanese Government would be

bound to regard the transfer as operating

to divest the vessels concerned of their

previous enemy character,

The provisions

of the Declaration of London, which was

ham noreal force except in so far as they an

never ratified,

declaratory only of pre-

existing practice. In this case by previous

which was that

British and American practice, a vessel was

divested of enemy character provided that

the transfer was bona fide, that the previous

enemy owners retained no interest in the

vessel and had not the right of eventual

repurchase, and that the transfer was not

fact

the relevant provisions in represent a certain departame

from

made