2
07
63
A
B
that it would be difficult to take advantage of Article 7
of the Statute if it does apply.
Assuming that no obligation arises under the
Barcelona Convention, we then come to the question whether
we shoud hold the boats up at Hong Kong in view of the
decision to apply the greater part of Hague Convention XIII
on a de facto basis. As you will be aware, Article 8 of
this Convention requires a neutral Government to employ the
means at its disposal to prevent the fitting out or arming,
within its jurisdiction, of any vessel which it has reason
to believe is intended to cruise, or engage in hostile
operations, against a power with which that Government
is at peace.
It would seem, therefore, that if we enforce
the Convention strictly at Hong Kong, the boats ought to
be detained there so long as the war in China lasts.
For our own part, however, we feel that there is
no necessity to take too strict a view. It would clearly
be undesirable to allow the boats to proceed under their
own power, since they might attack Japanese warships or
merchant shipping on the way and would then be using British
territory as a base of operations against the enemy. On
the other hand, if they are permitted to be sent on overland
(if this is feasible), or as part cargo in some ship proceeding
to Canton, the same objection hardly applies. It would
seem desirable, however, that any ship which carried them on
to Canton should not be British, as it would undoubtedly run a
certain risk of interception by the Japanese. We assume that
the Governor would have the power to enforce an arrangement
on these lines.
We understand semi-officially from the Foreign
office that they share the view that there is no necessity to prevent the boats proceeding to their destination in the
above /
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