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M.04339/39.

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SECRET

69

8th June,

Sir,

With reference to Colonial Office letter No.7230/1/39

of 8th May, concerning the suspected operation of a wireless

transmitter by a Chinese warship in Hong Kong harbour, I am

commanded by My Lords Commissioners of the Admiralty to offer

the following observations for the information of the

Secretary of State for the Colonies.

In the view of Their Lordships it would appear that

temporary immobilis.tion cannot affect the position of these

vessels, from the legal point of view and that if they were

formerly accorded the status of warships they should continue

to be treated as such. This would appear to be borne out

by the fact that immobilisation was apparently arranged in

agreement with the Commanding Officers of the ships.

If this view of the legal position is correct, no

municipal enactment (including the local regulation referred

to by the Governor of Hong Kong in his telegram No. 27 of

29th January, 1938) could properly be invoked against the

WING FOOK. Nevertheless, Their Lordships fear that an

undesirable precedent might be created if any of these

immobilised ships were permitted to use her wireless

transmitting apparatus over an extended period, and they are accordingly of opinion that an attempt should be made to bring this activity to an end. My Lords suggest that the

sanction for enforcing such a prohibition could, as in the

case of visiting warships in general, be the threat of a request to leave. The previous attitude of the Commanding

Officers of these ships makes it appear likely that when

confronted.....

The Under Secretary of State,

Colonial orrice,

S. N.1.

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