CO129-573-2 Export of torpedo boats to China 14-5-1938 - 5-10-1938 — Page 9

We are in danger of getting into

a position in which we are trying to apply

in Hong Kong two Conventions which postulate

different environments for their operation.

In the first place the Hague Convention XIII

presumes a state of war. Although no

formal state of war has been declared in China

it has been thought right to instruct the

Governor of Hong Kong that he should conduct

himself as far as possible in accordance

E

with

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with the Hague Convention in view of the de facto

condition of war in China.

On the other hand, we have peace time

obligations in relation to transit traffic under the

Barcelona Statute. The application of that Statute

is, by its own terms, restricted as regards the rights

and duties in relation to belligerents in war

conditions.

In any conflict between the two Conventions

it would appear that, in the present circumstances,

it would be preferable for Hong Kong to adopt a

realist attitude and conduct itself as a neutral

-

under the Hague Convention but not to the extent

of failing to pursue the policy of H.M.G. to do what

is possible to give effect to the League of Nations

resolutions to give all possible assistance to China

in her present resistance to the aggressor.

This delicate position is somewhat relieved

by the fact that it is now understood that although

China signed the Barcelona Statute she did not

ratify it and therefore can claim no privileges under

it in respect of war material in transit through

Hong Kong. The League resolutions are reflected

in the desire both of the Admiralty and the Foreign Office not to interfere with this particular

consignment of Thornycroft torpedo boats if their transmission to China is arranged by suitable methods

without embarrassment to us. The particular Admiralty apprehensions were explained at A and B in No. 4 -

both apprehensions arising only if the boats left

Hong Kong for China by water either under their own

power or on board ship. We now learn that they are

to

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