CO129-573-2 Export of torpedo boats to China 14-5-1938 - 5-10-1938 — Page 4

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| To E. A Seal (Admy) -110

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To. J. Henderson

14.5·38

4

لات

yaşeı

B

27.5.38

To R. Shackle.

4. Adry (Military Branch) 19.03084/38

2.6.38

Gives views on export of torpedo boats ; & suggests legal opinion should be obtained if there is

on the matter.

any

doubt

% на иконк

teritory is to

hi ngonded as one teritor the consignment Canne

regarded and infransit, or Concerned with the Convention at

all.

Eil

I have discussed this complicated question

with Mr. Gent, Mr. Henderson (Foreign Office) and

Mr. Jarrett (Admiralty). Mr. Gent has also

consulted Sir G. Bushe.

There are really two questions here from

ere,

The

a legal point of view. The first is the precise

application of the Barcelona Convention.

Admiralty view in No. 4 is that these particular

torpedo boats would not be entitled to "in transit

status" under the Convention as Hong Kong could

be considered to be part of United Kingdom

territory for the purpose of the Convention, and

hence these boats would not be on a passage which

began as well as terminated beyond the frontier

of the State. The wording of the Convention makes

its precise application on this point somewhat

doubtful, but Sir G. Bushe is inclined to think

that the Admiralty interpretation is incorrect and

that Hong Kong cannot be considered as United

Kingdom territory for the purpose of the Convention.

In this case it is hardly necessary to

seek