793.94112/96: Telegram
The Chargé in the United Kingdom (Johnson) to the Secretary of State
[Received September 29—2:10 p.m.]
621. My 592, September 11, 1 p.m. Following is text of informal note dated September 28 received today from the Foreign Office.
[Page 467]“The Japanese Government has now replied to the communication which our Ambassador in Tokyo was instructed to make. The substance of the reply is that they welcome the proposed procedure. They request that if a vessel flying the British flag it [is?] visited for verification purposes by a British warship, the results of the investigation should be communicated to the Japanese naval authorities immediately; and they add an expression of hope that precautions will be taken to prevent the misuse of the British flag by Chinese vessels. As regards visits of investigation when no British warship is in the vicinity, the Japanese Government state that when a vessel flying the British flag it [is?] visited and it is established that it is a British vessel there is no objection to informing the British naval authorities by the quickest available means. They add in this connection that they hope that it will be appreciated that when Japanese warships carry out a visit a number of inspectors will be sent and the necessary ships’ documents will be examined.
This reply is not regarded by His Majesty’s Government as entirely satisfactory and Sir Robert Craigie has now been instructed to inform the Japanese Government that His Majesty’s Government require to be informed of any visit of inspection made by a Japanese warship to a vessel flying the British flag, whether or not the Japanese authorities consider after investigation that the vessel is entitled to fly the British flag. He has also been instructed to point out that the verification of a certificate of registry is a very simple matter and one which can easily be carried out by one man with a knowledge of English; the boarding of a ship by a number of inspectors would therefore be both unnecessary and unjustifiable.
Your Government will no doubt be aware that the Japanese Government have recently issued a statement to the effect that they will not recognize the validity of transfers of nationality of Chinese ships subsequent to the 25th August unless the transfer was effected in accordance with the laws of the countries concerned and fully completed; the statement adds that suspected ships may be detained and inspected for verification purposes. His Majesty’s Government have not felt able to let this announcement pass unremarked. Sir Robert Craigie has accordingly been instructed to inform the Japanese Government that the statement which they have issued is difficult to follow. If the transfer of a vessel to British registry in accordance with English law has not taken place the vessel in question does not fulfill the requirements entitling her to fly the British flag; and this fact would be duly revealed in suspicious cases by a visit for flag verification purposes. If a valid transfer has taken place, and the vessel is entitled to fly the British flag the fact that the transfer has taken place since 25th August is completely irrelevant. His Majesty’s Government, however, presume that the Japanese Government do not mean to imply that they will not recognize valid transfers subsequent to the 25th August; such an attitude would be inadmissible and His Majesty’s Government could not acquiesce in it. Nor can the legal validity of any transfer under English law be determined by any but British authorities. In making a communication on these lines, Sir Robert Craigie is to state orally to the Japanese Government that, in point of fact, measures have been taken which will ensure that any applications for transfers which may be made will be scrutinized with [Page 468] the utmost care, with a view to making certain that all the necessary conditions are fulfilled.”