1940-07-11 — Page 4

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DEATH

|NIELSEN--At the War Memorial Nursing Home, on July 10, 1940, Caplain Emillus Nielsen of the Cablesteamer "Store Nordiske", 42 years, born, at Aarhus, Den- mark. A funeral service will be held in the chapel of the Colonial Cemetery, Happy Valley, at s p.m. to-day.

The

Hongkong Telegraph.

Thursday, July 11, 1940.

Wyndham St., Hongkong Telephone: 20015

THE pretx "Spacial to the Telegraph" is wed by the "Hongkong Telegraph” to Indicate nows which is strictly copyright under the provisions of the Telscommuni- cations Ordinance, 1938. Such new ES bears the indication “UP” is received in Bangkong on the date of publication by the United Press Associations, who re- serve all rights and forbid republicatiD11, ́either wholly or in part without previous

Arrangement.

Command Of Home Defence

In appointing Gen. Ironside Commander-in-Chief of Home Defence, the Home Government

have shown recognition of the new problems forced upon the country by the surge of the war to the narrows of the Channel. 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 distinction, and of proved capacity both na an organiser and in the field. It is fortunate that in Sir John Dill, who WEB brought back from France not long ago to serve as Vice-Chief, Gen. Ironside has a successor who commands the complete confidence of the Army and whose insight and judgment. may be relied on by the War

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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 the problem and the necessity of giving General Ironside ample powers and he will exercise precisely the same authority as Gen. Kirke. There will be no division of authority baneful to efficiency and the Commander- in-Chief of Home Defence now controls all defensive action,

i

July 11, 1940,

HONGKONG

and the law

law of

BLOCKADE

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

In the first place, we must raise the question: What would bo the motive behind a blockade, actual or impending? Secondly, would such a blockade be deemed justifiable and expedient?

Before proceeding on with theso questions a few words, by way of explanation, should be said about blockade. In a general sense, blockade means "the shut- 'ting up of a place by troops or ships so as to prevent ingress or egresa". (Webster). It is prac- tically synonymous with the word slege.

In this light, therefore, wo might say that Hongkong has been blockaded by Japan for almost two years, to wli, sinco the fall of Canton,

are

con-

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

So regarded, It refers mainly to operations or investment by waler. It is the taking up of positions by ships of war of one State to pre- vent traffic by Ben to and from

certain of the ports or coasts of the other State.

д Renise,

..

duration, excluding the possibility

of any untoward development.

In July 1803, France instituted what she called fun blocus parist- gue' of the Siamese coast. The blockade Was raised, however, three days afterwards, mainly be tanusc of British protests. War might well have been precipitated hind the blockade continued, Great Britain, although a third State, seemed, to have been an- the measures clined to regard taken by the French as acts of war.

THIS clearly shows that the danger of war, which a pacific blockade may create, is not al waya confined to the blockaded 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 03 that against the blockaded State. In fact, such

never right has

been definitely conceded.

The legal position of both parties

well

expressed by fall in a passage which has now become classlent. Objecting to the right of

La

a blocknding State to interfere with the right of trade and com- munications

of a third State with blockaded State in time of thic peace, he says: "No State can ex- pret another to submit to annoy- ance, still less to loss, for its con-

1 is only venience.

under the neces- supreme sities of war, when the galn or loss of belli- gerent States is out of proportion to the loss inflicted upon neutral in- dividual that other States can be reasonably asked to forego their right of intercourse with the

by

Dr. Lin-Wo-Chiang wholly

Again, in this

distinction bas the first been made, since quarter of the last century, of two kinds of blockades, viz.,, ordinary and pacific blockades. A blockade of Hongkong would be, and could only be, of the lat ter kinda pacific blockado; for: it is to be remembered that re- lations between Great Britain and all countries except Germany um Italy are on a peace.footing.

With the ordinary blockade we are not Imunedlately 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 Pacifle Blockade.

PACIFIC blockade is a bloc- knde during time of peace, re sorted to as a compulsive means of settling an international dif- ·

ference.

As such, it has been placed in the same class with reforsion, re- prisals and intervention, as mea- sures short of war. Its object is principally coercion, and implies employment of force.

It

ig

this last significance- physical coercion-which previous- ly made so many jurista regard pacific blockade as illegal, because, so they said, the employment of acts of force was incompatible with a state of peace. Nowadays questions of the legality of pacifle blockade no longer arise, provided that it is carried out within the bound of customary international rutes. However, there are other arguments advanced against such Institution.

It has been objected to on the ground that the establishment of pielfe blockade mny lead to war. It is, as a Continental Jurist de- cribed it, a mixture of war with pence (melange de la guerre avec la paix). 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 phelfie blockade.

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

That this fear of war which may follow a seemingly pacifle practice, la by no means unfounded is proved by historical instances.

Of 1827 down to the beginning of the the twenty-one blockades, from present century, five resulted in war, according to a survey by That the percentage of gun.

was not higher was, as I bo- Heve, due to the fact that the pacific blockades have always been

rected against weak Stater and rarely against strong States, unless there has been a combination of naval Powers. In some cases, too, the blockade was of very brief

enemy.

The legal principle expressed abave hins always been insisted upon by the United States, a champion of neutral rights, during more than one pacife blockade.

In the blockade of the island of Crete, In 1807, by the six European Powers, the United States took the position that as for as it was con- cerned it could not be bound by the blockade and that it could not concede right to make such a blockade

and receiving the consideration of all international rights and of any question which

nay in any way affect the my sn

com- merce or interests of the United States"

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

which may adversely affect the rights of States not par- tles to the controversy, or dis- erlminate against the commerce of neutral nations."

RECOGNISABLE as an admi-. sible measure for settling inter- national difference as pacific block- ade is to-day, it lacks, nevertheless, the support of international con vention, such as to be found behind that of the ordinary blockade.

The Declaration of London, 1909, deals only with ordinary blockade in time of war.

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

The guiding principles for pacifc blockade in extent are, perhaps, those rules adopted by the institute. of International Law in 1887:

"The establishment of Д blockade without war cannot be considered as

as permitted by Inter- national Law except under the following conditions:

"1. Ships under

a foreign can enter freely notwith-

ng the blockade, "The pacifc

must

+

FUNNY SIDE UP ·

By Abner Dean,

Ch. 1448 by Catina Pasizes RysÜiasta, TAR,

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

can find a guy up to my standard!" -

State? This depends on circum- atances.

As mentioned above, the object of a pacific 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 the blockading State.

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

A blockade need not be uni- versal. It 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- Ulcc.

Thus,

in 1880, when the consts of Grecce were blockaded and there was a shortage of food, the British admiral on the spot was Instructed by 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 vessels carrying pro- visions

Another Uting in connection with

*run

the ships of the blockaded States in that if they attempt to break or 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 owners

un- injured when the blockade 13 raised.

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 cease 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- quests. If Japan's demand limited to preventing transporto- tion of war supplies China from ably the

ME

. if she

from_siding. China is highly ques-, tionable.

It is true that as far as Japan and Clinn are concerned, the pre- sent hostilities create a plate of war, albeit undeclared, between the two 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 bo- tween belligerent and neutral states may be enforced.

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

Viewed from this light, a bide- kade of the Colony with the sole purpose of obtaining an object in which the right is questionable, would be deemed not only unjustl- Hubic, but also inexpedient.

RADIO

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

From London

Radle Programme Broadcast by ZBW on a Frequency of 845 k.c's, and on Short Wave from 1-2.15 p.m. and 6-11 p.m. on 0,62 m.e's, per second.

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

12.30 Francis Langford (Vocal) and Quentin Maclean (Organ).

12.50 Plano Duets by Jean Wiener and Clement Doucet.

1 Local Time Signal and Weather Report...

1.03 "to" from the Flima.

1.30 Reuter and Rugby Press, Wenther Forecast and Announce- ments,

1. Jack Hylton and His Orches- with The Duncan Sisters and "Hutch,"

2.15 Close down,

6 Dance Music.

6.47 Closing Local Slock Quota- tions.

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

be one directed against im portation of this type of cargoes bydelphia Orchestra. British ships or even by those of the third States, As such trame has already ceased in the Colony, the cause for the blockade no longer exists.

things.

But us we understand It, the demand is more far-reaching; it touchea question of the supply route from Burma to China, among other

Japan may not be satisfied with the assurance that Hongkong has for some time ceased to be, a port of transportation for war material to China,

In that case, a universal blockade could take place in which general cargoes carriet in British bottoms would be prevented from making

the port of

"It is not blockade

be officially declared and notified, and maintained by a sufficient force.

3" The ships of the bloc

do not koded Power which respect such a blackado may bo sequestered. When the blockade has ceased they must be re- stored to their owners with their cargoes, but without indemnity on any ground."

It is true that these rules have never been adopted by the nulluna of the world, but they have always been regarded as the most authori- tallve juridical oplalon on the matter, which were reduced into rules of what had been established before by practice.

WITH these general observa-

that Japan would

Go so far

as to prevent the Importation of daily necessitics for

the civilian population here, nor? we would she enforce the blockade

against the incoming ships of the third States with general commer- cial

commodities

To stop food supply to the Colony would be tantamount to the instituting of a starvation blockade, utterly unthinkable in time of peace; while the inter- ference 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 far would Japan ba Just Bed In blockading Hong- kong, if the object is, as men- tions on the nature of pacifictioned above to stop supplying blockade,, we may examine a little closor one or two paints which affect the blockaded State, before dealing with the questions ralaod at the outset of this article,

A vital question concerning the blockaded State la how would its ships be treated by the blockading

China with war material through British territories? ka

In this respect I thoroughly agree with the view recenly ex- pressed by some British authorities, that since Japan ims not declared war against China, her right to domanda third State to retrain

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

Rondo (Schubert, Op. 53. -arr. Feledberg); Scherzo Valse (Chabeler, arr. Loeffler)....Joseph Szigeti (Vio- lin) with Nikita de Magaloff at the Piano: L'Isle Joyouse (Debussy); Pagodes (Estampes No. 1-Debussy) Walter Glescking (Piano), Men- fuct

Joseph olinushkin). Sziget!

7.30 London Relay—The News. 8 Local Time Signal, Weather- Report and Announcements,

8.03 Belcctions from Light Opera. 8.15 London BelayThe King of Spain's Daughter."

A Play

8.35 The New Mayfair Orchestra. |and Charles Kullman (Tenor).

9 London Relay The News and Topical Talks.

945 The London Plano-Accordeon: Band and The Hill Billes,

10 New Danse Music and Variety, 11 Close down,

Straw Needed For Paper

Farmers are to have a new market.. Their straw is wanted for making

paper.

They can now get a good price for as much straw as they can produce.

Paper mills which have been using esparto grass from North Africa, have found that their plant can be used

for boiling straw as a substitute in paper making,

but

Such paper la a little inferior to that made from caporto grass, good, enough for most purposes.

The Paper Control is to approach; the National Farmers' Union to get it? to interests members, in the new venture.

1