AMPLE PRECEDENT

Gisborne Herald, Volume LXVII, Issue 20153, 24 January 1940, Page 7

AMPLE PRECEDENT

SEIZURE OF NAZIS JAPANESE INCIDENT COMMENT IN LONDON RIGHTS NOT EXCEEDED ACCORDANCE WITH LAW (Elec. Tel. Copyright—United Press Assn.) (British Official Wireless ) Reed. 11 a.m. RUGBY, Jan. 23. A summary 0 f the terms of the Japanese Government’s note protesting against the British action in retaining 21 Germans from the Japanese liner Asama Maru has been received in London and is under examination.

No question arises as to the right of a British cruiser to exercise a search of neutral ships on the high seas, nor is it suggested that the search was not carried out in a courteous manner. During the present war this right has been . exercised without being questioned by any neutral Government.

It is noted that the emphasis of the note is laid on the status of the Germans who were taken off the vessel and it is suggested that only nationals actually embodied in belligerent forces can be so captured. Routine War Measure A statement issued by the British Embassy in fllikio declares that the action of the British naval forces in removing German merchant officers and seamen is fully in accordance with international law, adding that it is understood that not all the Germans aboard, tout only technicians and skilled ratings particularly useful to the German war effort, were removed. This view is endorsed in London, where it is pointed out that the removal of German passengers was a routine measure normal in war, sanctioned by international law, and practised between 1914 and 1918.

German passengers, it . is .recalled, have been removed from Italian vessels by units of the French navy and from Portuguese vessels by British ships. The action in each case was taken by the Allies in such a manner as to cause a minimum of inconvenience to the neutral vessels concerned. Germany's* Example In iu-j case, it is noted, the Japanese do not complain of the period of detention ot the vessel, which .vas, in fact, insignificant. Within the very circumscribed area which the Germans are able to exercise the right of search they have .lot failed to do so. For example, 11 British fishermen who were picked up by the Swedish steamer" Kron Princessan Margareta, after their own fishing smack, the British trawler Caldew, had been sunk by enemy action, were on September 24 removed by a German destroyer which, within seven miles of the Swedish coast, detained and searched the Swedish vessel. Other cases have, occurred in the Baltic, where neutral vessels have been stopped by Germans and Poles aboard them captured.

The Asama 'Maru incident has aroused interest principally because it occurred unexpectedly only some 45 miles from Japan—well outside Japanese territorial waters.