(17865) Dd.145178 400m 5/73 G.W.B.Ltd. Gp.863

NOTHING TO BE WRITTEN IN THIS MARGIN

done, to await the result of the Commission's

investigations.

In his letter of 7 January Mr Ellis refers to

the Warren Hastings trial of 1788 in connection with

the Godber case. Our legal advisers have looked into

this. The Act of 1793 to which Mr Ellis refers was

repealed by the Government of India Act 1910. The

particular provision he had in mind was reproduced in

Section 124 of the 1910 Act but that section applied

only to India and in any case was repealed without

replacement in 1935.

In his earlier letter of 7 December Mr Ellis

also raised two other questions, one of which dealt

with exports of gold bullion from the United Kingdom.

We have no evidence of the ultimate destination and use

of gold exported from this country. Gold transactions

in the United Kingdom are governed by the provisions

of the Exchange Control Act 1947. Provided that a

non-resident makes payment for the gold which he

purchases in an acceptable foreign currency or external

account sterling, he may freely export it. It would be

improper to use Exchange Control powers for purposes other than the defence of the United Kingdom's balance

In any event restriction would not achieve the prevention of any traffic that might be connected with or financed by gold transactions, since these

transactions would merely be transferred to another

financial centre.

of payments.

Finally Mr Ellis raised the question of the

/possibility

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