The Archive · 1940

Japan to Demand Surrender

British Legal Contentions Rejected; No Intention By Britain to Impair Japan's Prestige

Tokyo, Jan, 28.

FAPAN will formally demand the surrender of 21 German passengers of the inv, Asama Maru forcibly removed from the Japanese liner by the British Na Domei learned today, In renewing her protest against the British action, Japan will contest the British right to seize the men, thereby rejecting the British contentions made in a lengthy note delivered by Sir Robert Craigie, British Ambassador, to Mr. Hachiro Arita, Foreign Minister, yesterday afternoon.

Decision to enter a claim to the Germans seized aboard the Asama Maru last Sunday was understood to have been reached by the Japanese Foreign Office yesterday following a four-hour conference when the British reply to the first Japanese protest, dated January 22, was carefully studied.

In its original protest, it was re~ called, the Japanese Government ro-served the right to demand the surrender of the Germans, Following examination, it was understood, the British note was found by Foreign Office experts to Henit, itself to a legal interpretation of the action taken by the British cruiser, a mere 35 miles off the coast Tu the opinion of Japanese 'oMelals, it failed to take cognizance of the' Importance of the case in {otal disregard of the aroused fecl-Ings of the Japanese people. This British altitude, they were further understood to have agreed, showed Tittle prospect of an early alleviation of the present tension in Anglo-'Japanese diplomatic relations.

Emergency Meeting new Japanese protest will be made by Mr. Arita when he will invite Sir Robert to the Foreign OMice the next few days.

'The Foreign Minister, yesterday afternoon, stmmmoned an' emergency conference of Gaimusho officials at his official residence to discuss counter-measures to be taken towards the, British altitude shown by yes terday's reply to the Japanese protest.

Attending the recti Mr. were Masayuki Tani, Vice-Minister: Mr. Haruhiko Nishi, director of the Bureau of European and Asiatic Affairs; Mr, Takanobu Milani, direc for of the Treaty Bureau; Mr. Koto Matsudaira, sectional chief of the Treaty Bureau, and Mr. Yoshitaro Yamads, sectional chief of the Bureau" of "European and" Asiatic Affairs, Recognized by tnternationat Law Boarding of the Japanese Liner Asama Maru and seizure of 21 German passengers legal actions based the rights of belligerents recognized by international law, the British Government claimed. in its reply to Japanese protests given to the Foreign Office yesterday afters noon, Domei learned in semi-official quariers today. The British note stated that the captive Germans would nol be surrendered to the Japanese Government, Dome! was informed, Sir Robert Craigie received the reply from London at 1030 o'clock. yesterday morning. At 2 o'clock the Ambassador conveyed it to. Mr. Arita, Their conversation lasted two hours, during which time the envoy outlined his Government's views from legal standpoint.

Passing over this aspect of the case, Mr. Arita was understood to is taking a serious view on the ande cet onthe grounds of prineips. of International" Taw, "and Japanese sovereignty. '_jUinoubledly the aut-Brteh com jaws oe Asana Maru reign now developing. in. Japan

Whose tutorest itis 40 discard Anglo= incident Is" inspired by elements

Nippon relations." the paper stated. "German propaganda fs ever randy 10 take advantage of any opportunity in this. respect "since Hitler's repudiation of the aolisComintern Pact, Germany has Tost substantial ground in. "Iapon, While the Tokve government {evidencing a seillingness to, improve relations with the western democracies.

"Whether German propaganda een succeed: in altering this situation mains to be proved." the "Tempe" continued.

After giving an account of the British and. French theses, the news: Fapzr concluded that a solution of the problem could easily be found if the {wo governments were ift to consider the principles of international law and {f° Clements Inspired. by" political Passion uld not interfere to infvence the Japanese government=Havas, Swear Oath Pedro, Jan. 27.

The Japanese steamship Hakusan Maru sailed for Yokohama yesterday carrying 39 Germans who are reported to have given their oath that they would not return to Germany' for military service in order to prevent then All the Germans secre former employees on Standard O11 Company tankers-United Press, have requested that the British Government consider Japanese public opinion, The Principal Points An unofficial summary of the principal points set out In the British ote was given to Domei as follow:

Removal of the German passengers from the Japanese ship was done in accordance with the Fights of belll-Berent nations recognized by inter-ational law, The seized Germans were returning to their homeland on orders from and at the expense of their Govern-

The British Government interprets the Prize Court definition of men "enrolled. in the army lst of the enemy" as including those on the reserve list; Considering the military system of Germany, there is no practical diffe ence between the seizure of combatants, Including those on the reserve Uist, and detention of women eligible for' military service.

in the light of the reasons mentioned the British Government' believed the seizure of the Germans fon the Axama to have been a legal

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

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