CO129-582-6 Salvage operations on the wreck of the Japanese S.S. JIN KAI MARU 22-5-1939 - 27-10-1939 — Page 24

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an industry, it may reasonably be maintained that

uncher, Carlisle 6 of the Treaty

at/to

the Japanese have no treaty right/to insist upon

permission to carry out such salvage operations

That

in British waters, since (Article 6 of the Treaty

in question entitles Japanese subjects who come

with their ships to Hong Kong to national treatment

only

in respect of "commerce and navigation. Nor does

Article 23 of the Treaty, which merely defines

the rights of Japanese nationals in respect of

goods salvaged from wrecks and to the wreck

itself, confer any rights on Japanese nationals

in the matter of salvaging operations.

Under

Article 24 of the Treaty, however, Japanese

nationals in ships are entitled to most-favoured-

nation rights in all that concerns commerce,

navigation and industry.

3.

There would thus app

bo some

doubt

to whether the terms of the Treaty actually

cover solveco

It was in order to avoid any

alvage, and It

dispute on the point of most-favoured-nation

treatment that I suggested in my telegram No.135

that the prohibition on salvaging the vessel should

be