Page images
PDF
EPUB

Japanese ordinance, 1904.-In accord with Imperial Ordinance No. 11, promulgated January 23, 1904, the Japanese minister of the navy, or in case of necessity a subordinate official, might designate a "defense sea area or "strategical area" from which vessels might be excluded, even by force of arms, or within which the movements of vessels might be regulated.

IMPERIAL ORDINANCE No. 11, 1904.

[Promulgated Jan. 23, 1904.]

ORDINANCE REGARDING DEFENSE SEA AREAS.

ARTICLE 1. In case of war or emergency, the minister of the navy may, limiting an area, designate a defense sea area under this ordinance. The designation, or revocation, of such defense sea area shall be advertised by the minister of the navy.

ART. 2. In case of urgent necessity, the commander in chief of a naval station, or the commandant of a secondary naval station, may make the designation mentioned in the preceding article. In this case the designation or its revocation shall be advertised by the commander in chief or the commandant.

ART. 3. In the defense sea area, the ingress and egress and passage of any vessels other than those belonging to the army or navy are prohibited from sunset to sunrise.

ART. 4. Within the limits of naval and secondary naval ports included in a defense sea area the ingress and egress and passage of all vessels other than those belonging to the army or navy are prohibited.

ART. 5. All vessels which enter, leave, pass through, or anchor in a defense sea area shall obey the direction of the commander in chief of the naval station, or the commandant of the secondary naval station, concerned.

ART. 6. The commander in chief of a naval station, or the commandant of a secondary naval station, may, when he thinks necessary, forbid or limit within a defense sea area fishing, taking of seaweeds, or any other act considered to interfere with military operations.

ART. 7. The commander in chief of a naval station, or the commandant of a secondary naval station, may absolve vessels, which he thinks fit, from the whole or a part of the prohibitions or limitations mentioned in this ordinance.

ART. 8. Any vessel which has transgressed this ordinance, or orders issued under this ordinance, may be ordered to leave the defense sea area by a route which shall be designated.

Regarding vessels which do not obey the order mentioned in the preceding paragraph, armed force may be used when necessary.

ART. 9. The master of a vessel, or a person acting as such, which has violated any rules of articles 3 to 5, inclusive, will be punished with confinement at hard labor for not more than one year, or with a fine of not more than yen 200.

ART. 10. Persons who have violated the prohibition or limitation of article 6 will be punished with confinement at hard labor for not more than six months, or with a fine of not more than yen 100.

SUPPLEMENTARY RULE.

This ordinance takes effect from the date of promulgation. Regulations, Japenese strategical areas, 1904-5.—The regulations governing movements of vessels within "strategical areas" varied according to the area which was under the regulation. The notification of the establishment of these areas was made in the Official Gazette. Twelve or more of such areas were established; about bays, as at Tokyo; about islands, as the Pescadores; in the neighborhood of naval stations, as Sasebo; or covering straits, as Taugaru Straits.

The minister of the United States to Japan forwarded the following on January 13, 1905, to the Secretary of State:

No. 168.

AMERICAN LEGATION,
Tokyo, January 13, 1905.

SIR: I have the honor to inclose herewith a copy of a translation of the notification issued by the commander of the naval station at Mokyu, in the Pescadores, relative to navigation through the defensive sea area at Kelung.

This notification was promulgated in the Formosan Official Gazette the 24th ultimo and has just reached this legation from the consulate at Daitotei.

I have, etc.,

LLOYD GRISCOM.

INSTRUCTIONS TO VESSELS TRAVERSING THE DEFENSIVE SEA AREA AT

KELUNG.

The commander of the naval station at Mokyu (Pescadores) has issued the following instructions to vessels traversing the defensive sea area at Kelung.

ARTICLE 1. Matters relating to the defensive sea area at Kelung are under the direction of the commander of the temporary Kelung submarine detachment.

ART. 2. Vessels other than those employed in the Government service or the regular mail steamers wishing to traverse the defensive sea area must first obtain permission from the commander of the temporary Kelung submarine detachment.

ART. 3. Vessels not in the service of the army or navy before passing or traversing the defensive sea area between the hours of sunset and sunrise must obtain permission from the commander of the temporary Kelung submarine detachment.

ART. 4. While passing through the defensive sea area vessels must not exceed a speed of 5 nautical miles per hour.

ART. 5. Excepting in the districts in which permission has been given by the commander of the temporary Kelung submarine detachment, fishing is prohibited within the defensive sea area.

ART. 6. In case it is deemed necessary the commander of the temporary Kelung submarine detachment may designate the anchorage for vessels or may limit or prohibit their passage or mooring for a time.

The rules governing the areas are shown by the following statements in regard to different areas:

[Inclosure 3-Translation.]

RULES TO BE OBSERVED BY VESSELS PASSING THE TOKYO BAY, HAKODATE, AND OTARU STRATEGICAL SEA AREAS-TOKYO BAY.

[Issued by the commander in chief of the Yokosuka naval station.]

ARTICLE 1. Vessels passing in or out of Tokyo Bay shall stop their course before they arrive, the former at the line connecting Chiyo-ga-saki on the south side of Uraga Harbor and Kokubohana of Awa Province, and the latter at the line connecting NatsuShima and the sea fort No. 2, and shall sigual their names, make the following signals, and wait the arrival of the guide boat:

1. Steamers shall hoist the signal "want pilot," and at the same time shall repeat whistles.

2. Sailing vessels shall hoist the signal "want pilot" and blow signal horn.

ART. 2. In response to the above signals the guide boat shall hoist the " response" flag of the international signal code.

When any vessel is to be allowed freedom of movement the guide boat shall haul down the "response" flag.

ART. 3. The guide boat shall carry at its masthead the pilot flag (white upper, red lower) of the special signals to be used for British vessels as mentioned in the international signal code.

ART. 4. In passing through the area vessels shall not proceed at a speed of more than 5 knots.

ART. 5. No vessels are allowed to cast anchor in any part of the area, except in Uraga Harbor.

ART. 6. Fishing and the taking of sea weeds within the area are prohibited.

ART. 7. When necessary, passage of vessels may for a time be prohibited within the area.

ART. 8. Vessels of less than 20 tons gross or less than 200 "koku," or boats or other craft solely or mainly propelled by oars, may traverse the area without observing the provisions of article 1, subject to such restriction as may at any time be necessary.

ART. 9. Vessels passing the area at night in violation of article 7, shall do so at the risk of being tired upon by torpedo boats or patrol boats.

N. B. The regulations for the strategical sea areas of Hakodate and of Otaru are practically the same as above.

[Inclosure 4.-Translation.]

RULES GOVERNING THE STRATEGICAL AREA AT NAGASAKI.

[Issued by the commander in chief of Sasebo.]

ARTICLE 1. Vessels which pass in, out of, or anchor in the strategical sea area shall first stop at one of the two places mentioned below, and shall receive from the guard vessel stationed for the purpose directions concerning their movements, beacons, and signals, etc.

This rule shall not apply to vessels belonging to persons living on the coast of the sea area.

ART. 2. The places where vessels are required to stop are:

1. When entering the harbor, 1 mile north of Io-jima Lighthouse.

2. When leaving the harbor, one-half mile east of Takahokojima.

ART. 3. The guard vessel shall be stationed near the two abovementioned places, and shall carry at its masthead the national flag by day and two white lights abreast at night.

ART. 4. The guide boat which shall pilot vessels passing the area shall carry at its masthead the pilot flag (white upper, red lower) of special signals to be used for British vessels as given in the international signal code.

ART. 5. Fishing and the taking of seaweeds within the area are forbidden, except with the permission of the commander in chief of the naval station.

ART. 6. The sea area is under the charge of the commanding officer of the Nagasaki mining corps.

[ocr errors]

[Inclosure 5.-Translation.]

RULES GOVERNING THE KI-TAN STRAIT SEA AREA AT KOBE.

ARTICLE 1. Vessels passing the Ki-Tan Strait strategical sea area shall hoist the national flag and signal their names given in the list of merchant marine, and at night shall carry lights, as required by the rules of the road.

ART. 2. Vessels other than those belonging to the navy or army and those that have obtained permission in accordance with these regulations are prohibited from passing the area.

ART. 3. Vessels passing the area shall stop at the examination station, and after examination and inspection by the guard vessel, shall proceed, hoisting the signal required.

ART. 4. When it is deemed unnecessary to examine any vessel, and she is to be allowed freedom of movement, the guard vessel will signal the fact by hoisting the "answering" and "A" signal of the international code, and at night by showing one blue light. ART. 5. Sailing vessels of less than 20 tons, gross, or of less than 200 "koku," and other craft principally or solely propelled by oars need not stop at the examining station unless ordered to do so.

ART. 6. Small vessels mentioned in the preceding article may fish within the area by day; but the guard vessel may prohibit them when necessary.

ART. 7. Vessels passing the area shall stop during rain or mist, when the landmarks can not be seen, until weather clears.

ART. 8. Vessels permitted to pass Ki-Tan Straits between sunset and sunrise must take the channel between Awaji and Okino-Shima.

ART. 9. Vessels which are compelled to pass the area at night shall apply to the commander in chief of the Kure naval station for a permit, stating the reason, certified by the local authorities. ART. 10. The examination station is about 5 miles south of the Oki-no-Shima Lighthouse.

In several areas the boundaries seem to have run outside the 3-mile limit and even 10 miles from land seems to have been included in some instances. The straits connecting open seas were also included. It is generally held that straits connecting open seas are not to be blockaded.

Case in Russo-Japanese War.-The entrance of a vessel flying the French flag, the Quang-nam, to the "protected sea area " about the Pescadores Islands during the Russo-Japanese War in 1905 gave rise to a reference to

« PreviousContinue »