CO129-579-2 Sino-Japanese War- attack on British ship S.S. Sagres 9-4-1939 - 13-7-1939 — Page 33

[This Document is the Property of His Britannic Majesty's Government, and should be 33

returned to the Foreign Office if not required for official use.]

34

(F.3994/138/10.)

To JAPAN.

Cypher telegram to Sir R. Craigie (Tokyo).

Foreign Office.

No. 203.

lagres

29th April, 1939.

11.30 p.m.

C

C

•

(32)

Your telegram No. 362 [of the 26th April: s.s. "Sagres"]

paragraph 3.

I agree to course you suggest and authorise you, should local representations fail to procure release of vessel, to

present formal protest at later stage.

2. As regards paragraphs 4 and 5, legal position would

appear to be as follows:-

(a) in absence of recognise state of war,

(1) this must be classed as illegal attempt to

exercise belligerent rights;

(2) the question of charter to the Chinese Government is irrelevant in view of ship's British flag;

(b) (for your information only)

if state of war existeâ,

(1) Japanese could not legally seize enemy property

on neutral ship unless property consisted of contraband or ship were attempting to break a

valid and effective blockade. Position of

enemy public property might however be doubtful.

(2) neutral vessel would be liable to capture if

found carrying members of armed forces of a

belligerent