CO129-582-6 Salvage operations on the wreck of the Japanese S.S. JIN KAI MARU 22-5-1939 - 27-10-1939 — Page 28

Telegrams-“ SHIPMINDER, PARL, LONDON.” Telephone-WHITEHALL 5140.

Any further communication on this subject should be addressed to :-

The Assistant Secretary,

Mercantile Marine Department (address as opposite)

and the following number quoted :-

M.9990/39.

Sir,

OF

a

28

| DuPC

MERCANTILE MARINE DEPARTMENT,

BOARD OF TRADE,

RECRIVED

12 JUL 1939

GREAT GEORGE STREET,

LONDON, S.W.1.

10th July, 1939.

3.

I am directed by the Board of Trade to refer to your

Letter 54001/39 of the 10th June, 1939, enclosing a copy

of a despatch from the Governor of Hong Kong regarding

the application made by a Japanese Company for permission

to salvage the wreck of the Japanese S. S. "Jin Kai Maru".

Inasmuch as the carrying out of salvaging operations

is the exercise of an industry, the Board do not consider

that the Japanese have any Treaty right to insist upon

permission to carry out such salvage operations in British

waters under Article 6 of the Anglo-Japanese Treaty of

Commerce and Navigation, 1911, which entitles Japanese

subjects who come with their ships to Hong Kong to

national treatment 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

The Under-Secretary of State,

Colonial Office,

S.W.1.

/salvaging