CO129-570-10 Sino-Japanese War- Japanese seizure of the S.S. ASIAN- claims 15-2-1938 - 12-12-1938 — Page 33

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by us.

3.

The original sale agreement between sellers and

purchasers was signed on the 3rd December, 1937. Clause

9 in this agreement read as follows:-

"IT IS UNDERSTOOD by the Vendors that the

Purchasers agree to purchase the Steamer on the

condition that The Hongkong Government agrees to

transfer the Steamer to the British Register, and

subject to the Vendors simultaneously being able to

close the Steamer's Chinese Register on transfer of

the Steamer to the Hongkong Register. If the

Purchasers are unable to take delivery of the Steamer

by the 31st December, 1937, by reason of The Hongkong

Government not having notified the Purchasers by the

31st December, 1937 that the Steamer can be transferred

to the British Register, the Vendors shall have the

option of maintaining or cancelling this Agreement.

like manner, if the Vendors have not received

permission from the necessary Chinese Government

Authority by the 31st December, 1937, to close the

Chinese Register of the Steamer for transfer of the

steamer to the British Register, then the Purchasers

shall have the option of maintaining or cancelling

this Agreement".

In

Our formal application to the Registrar of

Shipping, Hongkong, for permission to transfer Registry

to the British Flag, was made on the 3rd December, 1937,

but approval there to was not granted until the 29th

December, 1937, and we paid for and accepted delivery

of the vessel on the 31st December, 1937.

Before British Registration was finally granted,

the vessel had to undergo survey by the British

Government Marine Surveyors at Hongkong, and owing to

considerable