1940-07-11 — Page 20

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DEATH

NIELSEN-AL the War Memorial

Nursing Home, on July 10, 1040, Captain Emilius Nielsen of the Cablesteamer "Store Nordiske", 42 years, born at Aarhus, Den mark. A funeral service will bo held in the chapel of the Colonial Cemetery, Happy Valley, at 5 p.m. to-day,

The

Thongkong Telegraph.

Thursday, July 11, 1940.

Wyndham St., Hongkong Telephone: 26015

THE pred "Special to the TelegrapA” In used by the "Nongkang Telegraph" to indicato nows which is strictly copyright under the provisions of the Telecommuni- cations Ordinance, 1934. Such news bears the indication "UP" is received in Hongkong on the date of publication by the United Press Associations, who re- serve all rights and forbid republication, either wholly or in part without previous arrangement,

Command Of Home Defence

July 11, 1940.

HONGKONG

the law of

and the

BLOCKADE

With the land blockade of Hongkong actually in opera- tlon and the possibility of a sea blockade in the offing, it is time to take. stock of the situation.

duration, excluding the possibility

of any untoward development.

In July 1893, France Instituted what she called 'un blocus pacif- que' of the Siamese coast. The blockade was raised, however, Uree days afterwards, mainly be- cause of British protests. War might well bave been precipitated hind the blockade continued, Great Britain, although a third State, seemed to have been in- Theatures taken by the French as acts of war.

In the first place, we must raise the question: What would be the motive behind a blockade, actual or Impending? Secondly, would such a blockade be deemed.clined to regard the Justifiable and expedient?

Before proceeding on with: these questions a few words, by way of explanation, "should be sufd about blockade. In a general sense, blockade means "the shut- ting up of place by troops, or ships so as to prevent ingress or egross" (Webster). It is prac tically synonymous with the worl sloge.

In this light, therefore, wò might say that Hongkong luwa been blockaded by Japan for Almost two years, to wit, since the fall of Canton,

*

HOWEVER, we are con- cerned only with the technical sense in which blockade is understood.

So regarded, it refers mainly. to operations or investment by water. It is the taking up of positions by ships of war of one Stato to pre-

vent traffic by sea to and from

certain of the

As

THIS clearly shows that the danger of war, which a pacific blockade may create, is not al- ways confined to the blocknded and the blockading States, but may involve the blockading State with a neutral or third State.

The right of a blockading State against the third State is not so clear-cut as that against the blockaded State, In fact, such right hus never been definitely conceded.

The legal position of both parties is well expressed by Hall in t passage which has now become classical. Objecting to the right of n blockading State to Interfere with the right of trade and com- munications

ons of a third State with the blockaded State in time of peace, he says: "No State can ex- pect another to submit to annoy- ance, still less to loss, for its con- venience. It is only under the supreme neces- sitice

war, when the gain or loss of belli- gerent Staten is

by

of

ports or conste Dr. Lin Wo-Chiang wholly out

of the other State.

Again, In this sense, a been

distinction has made, aince tho frat Inst century,

quarter of the of two kinds of blockades, viz., ordinary and pacific blockades. A blockade of Hongkong would be, und could only be, of the int- tur kind-a pacific blockado; for it is to be remembered that ro lations between Great, Britain and all countries except Germany and Italy are on a peace footing.

With the ordinary blockade we are not immediately concerned, for this is an act of war, pure and simple. It is resorted to only be- tween belligerents. What follows Is, therefore, a discussion from the standpoint of Pacific Blockade.

In appointing Gen. Ironside Commander-in-Chief of Home Défence, the Home Government have shown recognition of the new problems forced upon the

PACIFIC blockade is a bloc- country by the surge of the war kade during time of peace, re- Lo-the-narrows-of-the-Channel,sorted to as a compulsive means

of settling an international dif- ference.

As such, it has been placed in the some class with retorsion, re- prisals and intervention, a men- sures short of war. Its object is principally coercion, and implies employment of force.

Sir Edmund Ironside's trans- ference from the post of Chief of the Imperial General Staff puts most of the forces of the Army allotted to the protection of the home country under the control of a soldier of the highest physical coercion-which previous- It is this Inst significance-- distinction, and of provedly made so many jurists regard capacity both as

pacific blockade as illegal, because, an organiser and in the field. It is fortunate

so they said, the employment of nets of force that in Sir John Dill, who was

was incompatible with a state of peace. Nowadays. brought back from France not questions of the legality of pacifie long ago to serve as Vice-Chief,

blockade no longer arise, provided Gen. Ironside has

that it is carried out within the ♫ successor who commands the complete rules. However, there are other bound of customary International confidence of the Army and arguments advanced against auch whose insight and judgment

Institution, may be relied on by the War

"MASTERY OF THE AIR" Cabinet,

One of the greatest gifts of science

to mankind is the mastery of the air, There is a large demand to- day for professional pilots and engineers in Commercial Aviation. But these men must be specialists.

BE TAUGHT AVIATION BY EXPERTS

AT

Taking over the Home Defence post from General Kirke, whose invaluable work for the Terri- torial Army will long be remem- bered, General Ironside has urgent tasks. To cope with the danger of invasion by parachute troops and troop-carrying 'planes. there must be reorganisation on a comprehensive scale. Hun- dreds of thousands of Local Defence Volunteers have to be made effective swiftly, and fitted into larger plans for bringing up Home Defence units of the Army to points in danger. Govern ment realises the full scale of

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giving General Ironside ample powers and he will exercise Gen. Kirke. precisely the same authority as There will be

no division of authority banoful to efficiency and the Commander in-Chief of Home Defence now controis all defensive action.

It has been objected to on the ground that the establishment of pacific blockade may lead to war. It is, as a Continental Jurist de- cribed it, a mixture of war with prace (melange de la guerra avec la pal). Such "practice... tends to blur that clear line of demarcation which for the general good of the body of States should be drawn between peace and war," says Hogan, in a treatise on pacifle blockade.

:

These are practical objection, especially if we bear in mind the fact that a blockaded Slate may choose to consider the blockade as warlike, or as an act of wor, and thereupon a State of War will immediately ensue.

That this fear of war which may follow a seemingly pacifle practice Is by no means unfounded is proved by historical instances. Of the twenty-one blockades, from present century, 1827 down to the beginning of the

Ava

resulted in war, pecording to a survey by Hogan. That the percentage of war was not higher was, as I be- lleve; due to the fact that the pale blockades have always heart rarely against strong States, unless. directed against weak States and there has been a combination of naval Powers, In some casca, too, the blockade was of very brief.

proportion

of

the Jors inflicted upon neutral in- dividual that other States can be reasonably, asked to forego their right of intercourse

the enensy.

with

The legal principle expressed above has always been insisted upon by the United States. & champion of neutral rights, during more than one pacific blockade.

in the blockade of the island of Crete, in 1897, by the six European Powers, the United States took the position that as far as it was con- cerned, it could not be bound by the blockade and that it could not concede "the right to make such a blockade consideration of all international and receiving the rights and of any question which may in any way affect the com- merce or interests of the United States.

Again, In the blockade against Venezuela by Germany and Great Britain in 1902, the United States asserted similar right as a neutral, saying that the United States adhered to its position in the case of the Cretan blockade and there- fore did not acquiesce in any ex- tension of the doctrine of pacific blockade

which

adversely affect the rights of Stales not par- ties to the controversy, or dis- criminate against the, commerce of neutral nations."

may

RECOGNISABLE os on admus- sible measure for setiling inter- national difference as pacife block- nde is to-day, it lacks, nevertheless, the support of international con- vention, such as to be found behind that of the ordinary blockode,

The Declaration of London, 1000, dicale

only, with ordinary blockade in time of war.

However, there are some fea- tures which they have in common. c... that it should be officially declared and notified and that it should be maintained by a suf- ficient force, etc.

The

guiding principles for pacific blockade in extent are, perhaps, those rules adopted by the Institute of International Law in 1807:

"The establishment of a blockade without war cannot be conaldered as permitted by Inter- national Law except under the following conditions:

"Ships under a foreign flag can enter freely notwith- standing the blockade.

2" The pacine blockade. must be officially declared and notified, and maintained by a suficient force.

3"The ships of the bloc- kaded

Power which do not respect such a blockada may be sequestered, When the blockade has ceased they must be stored to their owners with their cargoes, but without Indemnity on any ground.”

re-

It is true that these rules have. never been adopted by the nations of the world, but they have always been regarded as the most author?- tative juridical opinion on the matter, which were reduced into rules of what had been established betore by practice,

FUNNY SIDE UP

By Abner Dean

Ceph 1148 by Tuited Punime Krokisaka, lak

"I told her to go right ahead an' got married

can find a guy up to my standard["-

State! This depends on circum- stances.

As mentioned above, the object of a poetic blockade is coercive In. nature. It is Instituted with the intention to force the blockaded State to comply with the require- ments, whatever they may be, of

blockading State.

That being the case, the latter would see that the commerce of the former be cut off by prevent- ing ships from entering or leaving their home ports.

A blockade need not be uni- Versaj. #

may only be directed against Importation of certain com- modities or cargoes, such as arms and war material or goods primari- ly for the use of troops,

The Intercepting of food for the populace of the blockaded place has never been a recognised prac- tice.

ودا

Thus, in 1886, when the coasts of Greece were blockaded and there Was 'shortage of food, the British admiral on the spot was histructed the British Government that: "should any actual distress arise in the island from food being scarce you have authority to do all that you think necessary to relleve it, and even permission

may be granted to

Vislona Vessels carrying pro-

Another thing in connection with the ships of the blockaded Sintes is that if they attempt to break or run the blockade they can be seized and detained, but cannot be condemned, as in the case under ordinary blockade. They will be handed back to the Injured when the ralted,

owners un- blockade is

TO return to the first question. as to what might be, the motive behind a blockade of Hongkong, It is apparent that such an action could only be linked to the re- cent demand that Great Britain cense supplying China with arms and munitions through certain routes.

It would be just an employment of physical force to compel Great Britain to comply with her re- quesis. If Japan's demand 18

to limited

preventing transporta- tlon of war supplies to China from Hongkong, the blockade will prob ably be one directed against Im- portation of this type of cargoes by. British ships or even by those of the third Stoles. As such traffic. has already ceased in the Colony, the cause for the blockade no longer exists.

But as we understand it, the demand is more far-reaching; touches question of the supply route from Burma to China, among other things.

Japan

niny not be satisfied with the assurance that Hongkong hos for some time ceased to be a port of transportation for war materini to China.

In that case, a universal blockade could take place in which general cargoes carried in British bottoras would be prevented from making the port of Hongkong.

It is not believed that Japan would go so far as to prevent the Importation of daily necessities for the civilian population here, nor would she enforce the blockade against the Incoming ships of the third States with general cohmer- elah

commodities. To stop food supply to the Colony would be tantamount to the Instituting of ·starvation blockade, utterly unthinkable in time of peace; while the inter-. terence with legitimate trade of the third State with this inter- national port could, as suggested In the discussion above, involve Japan in war with the third State.

HOW for would Japan be WITII these general observa-kong, if the object is, as men

Justified in blockading Hong- tions on the nature of pacifictioned above-to stop supplying closer une or two points which blockado, we may examina a to China with war material through

British territorios? affect the blockaded State, before dealing with the questions raised vital question concerning the at the outset of this article. blockaded Sinte is how would Its ships be treated by the blockading

thoroughly

In this respect I agree with the view recently ex- pressed by some British authorities, that since Japan has not declared war against China, her right to demand a third State to refrain

ME

if sho

from alding China Is highly ques- tionable..

It is true that as far as Japan' and China are concerned, the pre- sent hostilities create a state of war, albeit undeclared, between the

twn'

countries.

But as to third States, the ab- sence of a declaration of war de- prives it of the legal status of war, in which the rights and duties be- tween belligerent and neutral

states may be enforced.

In other words, a declaration of war, as it has been well said "Is sumclent evidence that peace bas been transmuted Into war and that the law of war has replaced the · law of peace.

Viewed from this light, a bloc- kade, of the Colony with the sole purpose of obtaining an object in which the right Is questionable, would be deemed not only unjusti- flable, but also inexpedient.

RADIO

ZBW, 355 metres (845 k.c.) and 31.49 metres (9,520 kilo-cycles) A Play and Other Relays

From London

Radio Programme Broadcast by ZBW on a Frequency of 845 k.c's, and on Short Wave from 1-2.15 p.m. and 8-11 p.m. on 9.52 m.c's. per second.

12.16 p.m. Short Service of Inter- cession.

(Vocal)

12.30 Francis Langford and Quentin Maclean (Organ),

12.50 Plano Duvis by Jean- Wiener and Clement Doucet.

1 Local Time Signal and Weather Report.

1.30

1.03 "Hits" from the Films,

Reuter and Rugby Press, Weather Forecast and Announce ments,

1.15 Jack Hylton and His Orches- tra with The Duncan Sisters and "Hutch"

2.15 Close down.

6 Dance Music.

0.47 Closing Local Stock Quota- tions.

0.40 Stravinsky--The Fire-Bird Suite, Leopold Stokowski and Phila- delphia Orchestr

7.10 A Short Concert by Joseph (Piano). Szigeti (Violin) and Walter Gieseking

Rondo (Schubert, Op. 53- arr. Friedberg); Scherzo Valse (Chabrier, arr. Loeffler)....Joseph Szigeti (Vic- Plano; L'Isle Joyeuse (Debussy); lin) with Nikita de Megaloff at the Pagodes (Estampes No. 1-Debussy)

Walter

(Piano); Men- uet.

Szigeti (Violin),

(Debussy-Dushkia)...........Joseph

7.30 London Re

Relay Tho Newa 8 Local Time Signal, Weather Report and Announcements:

8.03. Selcetions from Light Opera.. 8.15 London Relay The King of Spain's Daughter.","

A Play

B.35 The New Mayfair Orchestra. and Charles Kallman (Tenor).

9 London Relay-The News And Topical Talks,

0.45. The London Piano-Accordeon Band and The Hill Billlem :-

10 New Dance Musia and Variety. 11 Close down.

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the National Farmera' Union to get it: The Paper Control is to approach to interest its members in the new.. venture.

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