FO371-23518 — Page 240

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7230/1/39

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79

CYPHER telegram from the Secretary of State for the Colonies

to the Governor of Hong Kong.

(Sent 10.0 p.m., 7th July, 1939.)

No. 132 Secret,

Your telegram No. 140.

I am advised that temporary immobilisation cannot

affect position of these vessels from legal point of view, and

that if they were formerly accorded status of warships they

should continue to be treated as such. This appears to be

borne out by fact that immobilisation was apparently arranged

in agreement with Commanding Officer of the ships,

If this view of legal position is correct, no local

enactment, including regulation referred to in your telegram,

could properly be invoked against 3. S. Wingfook,

Undesirable

precedent might, however, be created if any of these immobilised

ships were permitted to use her wireless transmitting apparatus

over extended period and attempt should be made to bring this

activity to an end.

I suggest that sanction for enforcing such a

prohibition could, as in the case of visiting warships in

general, be the threat of a request to leave. Previous attitude

of Commanding Officer of these ships makes it appear likely that

when confronted by such a threat, they would be disinclined to

refuse undertaking not to transmit further messages. In event

of breach of undertaking of this kind, the choice either of

allowing removal of essential part of apparatus or of leaving

Hong Kong, could then be given.

This course of action recommends itself particularly on ground that it would offer considerable prospect of achieving desired result before stage is reached at which a threat of formal internment, with all its attendant disadvantages, would become necessary.

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