Informal Interpretation of SCAPIN 2168
I. Phrase "as of August 9, 1945"
Plainly and clearly means any and all vessels that were registered in ports of what is now Republic of Korea before August 9, 1945 and whose registration was not changed to ports of what is now Japan proper before August 9, 1945.
e.g.
a) a vessel was registered in Inchon before August 9, 1945. It was still registered in Inchon on August 9, 1945. This vessel whether sunk and still sunk, sunk and refloated, or always afloat shall be returned to Korea. This would of course, be a transfer on paper if the vessel was still sunk, It would not be considered necessary for the Japanese to refloat the ship as many ships in this category are obviously unsalvageable.
b) a vessel was registered in Pusan before August 9, 1945 say June 2, 1940. Say it had its port of registry changed from Pusan to Yokohama on June 2, 1942. Since this vessel was not registered in Pusan "as of" or on August 9, 1945 it would be outside the scope of SCAPIN 2168 and would not have to be returned.
II. Phrase "notwithstanding previous memoranda of SCAP which approved the reorganization plan of Japanese companies"
Plainly, clearly and assuredly means vessels registered in Korea as of August 9, 1945 shall be returned to Korea despite previous messages or directives to the Japanese Government which approved the reorganization of Japanese steamship companies and who were assigned vessels of Korean registry. Previous instructions are cancelled where they conflict with SCAPIN 2168.
A vessel was registered in Inchon, Korea as of August 9, 1945. The vessel came and stayed in Japan. Say in 1948 SCAP gave permission for a Japanese company to reorganize and use this particular vessel. This vessel shall be returned to Korea. It is the burden of the Japanese government to settle any claims of any innocent third party injured by the return of the vessel to Korea.
III. The phrase "as is" "where is".
Plainly and clearly means the vessels registered in Korea as of August 9, 1945 shall be returned to Korea at the port or place they were and the condition they were in as of September 11, 1951. The Japanese government will not be required to repair or recondition the vessels before returning them. Since it has been pledged the Korean Ind Japanese governments are negotiating in good faith, it would seem most appropriate to use the date of SCAPIN 2168 and the SCAP Note to the Korean Mission relative to SCAPIN 2168 as the condition criterion. This would preclude the Japanese government sanctioning or allowing any Japanese steamship company to strip or damage a vessel which is to be returned to Korea after the date of September 10, 1951. Obviously such action if allowed by the Japanese government would be a breach of good faith.