1941-05-22 — Page 4

Thursday,..

HONGKONG TELEGRAPH

May 22, 1941.

104

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Hongkong Telegraph.

Thursday, May 22, 1941. Wyndham St., Hongkong Telephone: 28615

THE prefix "#pretal to the Telegraph is used by the "Hongkong Telegraph" to Indicate news which is strictly copyright under the provhloas of the Telecommuni- cations Ordinance, 1936. Bach news bears the indication "Up is received in Hongkong on the date of pubileation by the United Press Associations, who serve all rights and forbid republications, arrangement

The Status of the

SUEZ

do.

the

CANAL

By

Dr. LIN WO-CHIANG

an

used of the Canal, within the limit permitted by the Conven- tion, as any other belligerent, if they were in n position to do

RO,

Quite apart from the Conven-. tion of Constantinople which estabilshos the legal status of the Suez Canal, International law and customs have in modern times always supported a right of passage on rivers which bound or traverse more than one State the international rivers and straits which from - an international highway be tween two seas,

aro

traverses.

The attacks made on Suez Canal by Axis aircraft again focus public attention on the question of the legal status of this important inter-oceanic waterway. So far the damage

Before the French Revolu- done to the Canal is slight, and it for vessels of all kinds and all Great. Britain, Germany and traffic has not been interrupted. nations In time of peace as well Italy, are signatory Powers to tlon, the riparian States on

Convention. They In 1875 Sir Travers this

now called inter- But this may only be the begin- as of war.

are, what ning of a determined attempt Twiss proposed the neutralisa- therefore, all bound by the sti- national rivers could, in the ab- on the part of a desperate bel- tion of the Canal, and in 1879 pulations made in the Conven- sence of special treaties, exclude ligerent to put this artery of the Institute of International tion. Thus, the Axis Powers foreign vessels altogether from world communication out of Law passed a resolution in fa- throw the Convention overboard those parts which ran through commission.

vour of the protection of free when they deliberately raided their territory. In 1792, how- ever, the provisional Exécutivé Since the opening of the Suez navigation on the Canal by an the Canal. Canal to world. truffle in 1869, international treaty. After the The second important thing Council of France declared, the distance between most of the revolt of Arabis Pasha, Great to note is that the Suez Canal apropos.of the Scheldt, that "the European and Asiatic ports has Britain proposed an interna- is not "neutralised," in the stream of a river is the com been shortened by five or six tional conference to the Powers sense as it is commonly under- mon, inalienable property of all thousand miles. This short cut for the purpose of neutrallsing stood. By neutralisation, it is countries which it bounds and makes possible for more fre- the Canal; but it was not until usually meant not only absten- quent trips to be made by the October 20, 1888, that the Con- tion from acts of war, as in the International Rivers same number of ships, which vention of Constantinople was case of neutrality; but also

This has been accepted as a would have to be multiplied if signed by Great Britain, France, obligation to abstain from war- general principle; and the Vien- they had to go round the Cape Germany, Italy, Austria-Hun- like use of certain places and

na Congress in 1815 proclaimed of Good Hope, as they used to gary, Russia, Spain, Holland things which have had the neu- that international rivers. of

With the acute scarcity of and Turkey. The signing of tral character stamped on them Europe would be free for navi ships in war time, the impor- the Convention by Great Britain by international agreement. En- gation by merchantmen of not tance of keeping the Canal open was accompanied by a reserva- forced neutrality is, therefore, only the riparians but of all becomes even more evident. tion concerning her policy to- the essence of neutralisation.

then The Canal Convention con- Paris of 1856 expressly declared States. The Peace Treaty of The fact that ten whole years ward Egypt, which was were spent in its construction, practically a British protector- tains all the essentials of neus that the principle of the Vienna a sum of not less than £20.000,- ate, But in 1904, in a treaty tralisation; but it is different Congress regarding free naviga- 000 was invested in the enter with France concerning Egypt from neutralisation in

Nome tion on international rivers Britain other respects: prise, und an international con- and Morocco, Great

should become part of "Euro- vention was finally concluded signified formal adherence to

penn Public Law," ure Convention. Below for its neutralisation, goes a the

Since 1919, several important long way to prove that it was some of the articles in this Con-

If it were neutralised it rivers, the Danube, for example, with

(1) the denling early recognised that the exis- vention

would be closed to the warships have been "internationalised." tence of the Suez Canal would freedom of passage:

that forms an inter- be

contribution Ch

towards Article 1. The Suez Mari- of belligerents, whereas, by Ar- A strait ameliorating the economic life time Canal shall always be ticle IV of the Convention, free ticnal highway is on the same except that greater freedom is en- of the whole world. To-day free and open, in time of war passage is allowed "even to the category as an international river, ships of war of belligerents." foyed by foreign vessels, since not there is hardly one nation that as in time of peace, to every (2) The territorial Power, only merchantmen, but warships of vessel of commerce or of war, previously Turkey and now all nations, are entitled to a right of has not been benefited, either

without distinction of flag.

innocent directly or indirectly, by the

possage. The Straits of facilities which it offers. The Article 2.... They under, Egypt, is not obliged to remain Magellan' are of the type just de

neutral, as required of a neu- scribed. In a dispute with Chile take not to interfere in any tralised state, although she is regarding Suez Canal has become so indis-

freedom of navigation pensable an institution of in- way with the security of that obliged to refrain from acts of through these straits, the United ternational life that its inter- canal and its branches, the hostility or any act having for States declared in 1870 that "the working of which shall not be its object to obstruct the free will not tolerate exclusive claims by Government of the United States exposed to any attempt at navigation of the canal," despite any nation whatever to the Straits

the fact that it lies wholly with of Magellan

While Article V Article 3. The High Con- in her territory. The fact that of the treaty between the Argentine tracting Parties likewise un-

Republic and Chile in 1881 provides: dertake to respect the plant. Egypt has, to all appearances, Magellan's Straits are neutralised

cast her lot with Great Britain fore

forever. and free navigation 15 establishments, buildings, and in this war will, therefore, not guaranteed to works of the Maritime Canal alter the legal status of the Suez na may be concluded that these the flags of all, and of the Fresh-water Canal, and. expose it to attacks te

either wholly or in part without previous ruption even in time of war was

INVASION OF CRETE

DETAILS of the German invasion

of Crete by parachutists are still too

meagre to gain complete and

wholly

the picture of accurate latest turn in the war, but, not un- naturally, Imunedinte reaction tock the form of speculation regarding the object of the Nazis in attempt

not to be thought of. Such con- tingency was anticipated by the Convention of Constantinople in 1888, which stipulated that the canal was to be kept open to ships of all nations, in time of peace as well as of war.

Bold Undertaking

For a better comprehension of the true status of the Suez Canal, certain facts connected therewith, and such principles as apply to it, are briefly pre- sented here.

consc-

ing such a hazardous undertaking. Is it a diversion in order to distract Britain's attention from more in-

The opening of the 19th Cen- portant ventures, such as an attack tury saw a phenomenal growth on Gibraltar? Is it a serious effort of trade and cultural relations to hold one of the most strategical among nations; and, points in the Mediterraneon, offering quently, human minds have ever since been actively occupied at the same time an ideal stepping with the problem of the im- stone for the transfer of men and provement of the means of com- materials to Syria, with the eventual munication, with 1 view to sim of a drive against India and the overcoming distance-and-space. Sucz? Is it merely a practice inva-The-installing of steam engines sion as a prelude to a similar attack in ocean-going vessels and the Isles? These spanning of electric telegraph against the British

across land and sea, are but a appear to be the main considerations

few instances of the attempts

cussed as such.

its attraction when it is realised that

obstruction.

Canal.

The Convention

Suez Canal, Article 4. The Maritime by the Axis Powers. The Suez Principles apply equally well on the

Canal enjoys a unique legal sta- Canal remaining open in time tus. Its immunity from hostile Prescriptive Right of war as a free passage, even attacks, and the obligation of

What is more, as regards the Sucz

to all other

to the terms of Article 1 of keeping it permanently open to Canal, it has by the passage of Ume the present Treaty, the High world, traffic, cannot be adequ- conferred a prescriptive right to the Contracting Parties agree ately covered by the rules of enjoyment of the facilities it offers that no right of war, no act neutrality or neutralisation. It signatory, which even the territorial |States, signatory or non- of hostility, nor any 'act

is more: the Suez Canal is "in- Power- Egypt cannot rescind. It having for its object to ob-

has become the "common, inalien- ternationalised."

nhle property" struct the free navigation of

(3) No right of war is to be have been using it and have con- of all nations who the Canal, shall be committed

exercised by the signatory tributed by the tolls in the Canal and its ports of Powers as belligerents, within upkeep and improvement since 1869. lls paid towards its access, as well as within a the Canal area, as indicated in They have helped to make the radius of three marine miles Article IV. The phrase "right Suez Canal what it is to-day, and from those ports, even though of war," includes all kinds of will not tolerate its being destroyed the Ottoman Empire should hostile acts, and all the means ligerents.

or cbstructed by unprincipled bel-

be one Powers. .

of the belligerent employed to carry them out, The outrageous attacks on the whether by land, sea or nir Canal by the Axis Powers remind forces. That being so, an enemy one of the story of the fox in the Points Evident

vineyard, which cried "the grapes. who is using the Canal, even for are sour" after all attempts to get Before proceeding further, let the communication of military at them failed. But the proverbial

of such a venture and can be dis-made in this direction during us pause for & moment to transport, cannot be attacked, fox had done better; it did not up- the first and second quarters of examine more closely the above nor can the canal be obstructed root the vines, instead it said, "take

them who will." The suggestion that the invasion the last century. And it was at Convention in the light of the by any way to prevent its being However, in this case, the world will prove to be nothing more than the beginning of the third quar- present European War, which is used to the advantage of one's depends not on the generosity of ter of that century, the year spreading to the Near East. opponent, such as the Axis Germany and Italy for free passage; an episode to create a diversion loses

1856, that the bold undertaking The first thing that strikes one Powers have been attempting to it demands rather as of right-a to remove the natural obstacle is that all the principal belli- do recently. They would be right sanctioned by international convention and law-that they leave the Nazis is a natural corollary both that laid between communica- gerents in the present war, just as much entitled to make the Suez Canal alone.

tion between Europe and Asia- the Isthmus of Suez--was pro- posed by the French engineer. Ferdinand de Lesseps, to the ruler of Egypt.

the successful occupation of Crete by

assume

of the subjugation of Greece and the endeavour to

control of Syria; neither is it likely that the Nazis now harbour any illusions of being capable of creating

diver-

sion. British military leaders are

Lesseps, who secured the con- cession from the Khedive of prepared for anything and are not, Egypt to cut the isthmus, under- therefore, easily distracted,

The proposition that the Crete affair is a prelude to a big Nuzl drive In the Near East with its final objec- tive India, comes from Germany, and there are SO many

discounting

factors that it is hardly worth taking very seriously. It presupposes, for example, that not only is the occupe tion of Crete effected, but that after wards the island is rendered immune from attacks both.by the British navy and the British air force; and further that the Nazis succeed In

reducing Asin Minor, and with the

connivance of Russia, can

imagination.

attack

ALL SYRIA IS PRO-BRITISH

By Pertinax

took to form a company for that purpose under the name of the Universal Company of the Suez Maritime Canal. The capital of the company was subscribed

THILE an Anglo-Turkish system of defence under its commanding officer, in full parade at- the Khedive of Egypt, W by

is being put in shape from Cyrenaica to tire to avoid suspicion, slipped away to join the France, England, Austria and which the British Fleet and the Royal Air Force British forces in the south. In that manner, the Netherlands. Work began add their offensive possibilities-can it be ex- Syria went out of the war-Syria which General in 1859. The canal was opened pected that French-mandated Syria will not he Weygand had tried hard to use as a lever to rouse in 1869. The original cost was involved in the struggle, that, to the end of the the Balkan states against the Nazi empire. £20,000,000, but vast sums have conflict, she will remain "no warrior's land" or All positions have been reversed. To-day since been spent in improve- will the British and Turks deem it expedient to developments in the Balkans may draw in Syria. Last June the mandated territory was gar- treat her as a "zone of security"?

When General Maxime Weygand was re- risoned with 126,000 men, a nucleus of three In 1875 the British Govern- called from his Near Eastern command last May French divisions and Syrian, Tunisian as well ment bought all the shares to become generalissimo of the French army, and as Senegalese levees. The three divisions have owned by the Khedive, and thus, took leave of his officers, he told them, filled with been sent back to France at the request of the became one of the principal sombre forebodinge as he was, that the forces in Italian armistice commission.

Thus Syria has been left in the hands of a shareholders of the Suez Canal Syrin ought to fight on, whatever happened to the not too efficient force. Recently older officers

ments.

British Control

Company. It was then declared Motherland. that the Canal would be opened

India from Turkestan via the Case plan Seu. This is stretching the It may well be that the Crete in

No wonder, therefore, that Weygand's suc- wore sent from Vichy to strengthen them and vasion is a rehearsal for the bigger show against Britain, but this is not to ships of any nation, subject ceasor, General Mittelhauser, and High Commis- General Dentz, formerly head of military intel- likely to be the primary objective, to the paying of tolls. But this sioner Gabriel Puacx, as soon as they heard of ligence at French general headquarters, who, Inst but a secondary consideration. The right of passage was really only the conclusion of the armistice, publicly express- June, was appointed military governor of Paris most acceptable theory is that the right enjoyed by. sufferance., ed their resolve to continue the compaign by the as soon as the decision not to defend that city

was made, has been given Mittelhauser's post. Nazis are meline a

en It might be withdrawn when side of England. deavour to deprive Britain of 1

The arms taken from the troops have not torritorial over the

The generalissimo himself had to return to Power, highly importing and summgical case

been destroyed. They are kept under Italian In the eastern Mediterranean; a baso Egypt, or the Powers that had Beyrouth by air to stop them. which, while it is in the hands of large control over the Canal The consequence of General Weygand's flight control in arsenals and depots where Senegalese the Allies, in a severe handicap to company, chose to close it. to Syria eight months ago, which followed close soldiers mount guard. The whole population is German military aspirations in the Thus the question of keeping the ly on a message sont by Marshal Henri Philippe described as pro-British, irrespective of creed and Near East. Crete is a key position: Canal open to all nations at all Potain, was that Colonel Do Larminat, chief of race. Even the patriarch of the Maronites, the It controls the sen approaches to

staff to General Mittelhauser, alone broke away traditional pillar of French Influence in the Le- Syria and Palestine from Greece and Italy, while it provides an ideal On the opening of the Suez from Vichy. He had authorised a Polish brigade vant, did not refrain from publicly associating norial base for

for operations in the Canal, the attention of Jurists to go over to Palestino and, boing placed under with the British cause. The current talk of the Tel. 2127ponators Mediterranean. This is rd and diplomatists was at once arrest, went there himself. Some troops crossed people is that Syria will somehow be in the British area once the Turks have, declared war on Tel: 21318 comnised by both Britain and Gor drawn to the question as to how the border, but not many.

-many; hence the Nazi attempt to Inocuire its powersion="

CO.

times was raised,

3

-to-socuro-frdo-navigation-upon- The story is told of a squad of Spahis which, Germany.