The Archive · 1939

No Test Case

Endeavours are being made by German propagandists to describe the delaying of the Japanese freighter Sanyo Maru, carrying German exports to Japan, as a test case under the British Order-in-Council instituting British control over German exports in neutral bottoms. After a delay of twenty-four hours in the Downs, during which she underwent the usual examination, the Sanyo Maru was permitted to proceed on her journey. Nothing in the natur: of a test case was involved for it was expressly conceded by the British Government that free passage of German goods, purchased and paid for by neutrals previous to the announcement of the blockade on German exports, would be allowed io proceed to their destination. An understanding to that effect was reached between British, and Japanese officials on December 12. The position is fully explained by Domei, which states that the British Ministry of Economic Warfare announced that the Japanese Government had given a guarantee that the transac-us and payment for the goods shipped in the Sanyo Maru had been completed before November 27, when the Order-in-Council wa issued. It must be recalled that the British Government, in a statement issued on that date, announced that exception would be made of German goods which had become the property of neutrals before that date, and the detention of the Sanyo Maru in the Downs was merely for the purpose of ascertaining whether the vessel were carrying any German goods not covered by the Japanese Government's guarantee. Instead of this particular shipment being a test case it is clear from the facts that it was merely an instance where it was possible for the British and Dapanese Governments to come to an arrangement which was equitable to all concerned, for it would undoubtedly have been an injustice if the sudden application of the Order-in-Counil had prejudiced the rights of neutrals under transactions completed before the Order was published. That other considerations may apply in the future is quite clear.

Text read from the printed page and cleaned; old type leaves the occasional error.

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