THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 15, 1939.
AND WHEREAS this action on the part of the German Government gives to His Majesty an unquestionable right of retaliation:
AND WHEREAS the Allies of His Majesty are associated with Him in the steps now to be announced for restricting further the commerce of Germany:
NOW, THEREFORE, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows--
1. Every merchant vessel which sailed from any enemy port, including any port in territory under enemy occupation or control, after the 4th day of December, 1939, may be required to discharge in a British or Allied port any goods on board laden in such enemy port.
2. Every merchant vessel which sailed from a port other than an enemy port after the 4th day of December, 1939, having en board goods which are of enemy origin or are enemy property may be required to discharge such goods in a British or Allied port.
3. Goods discharged in a British port under either of the preceding Articles shall be placed in the custody of the Marshal of the Prize Court, and, unless the Court orders them to be requisitioned for the use of His Majesty, shall be detained or sold under the direction of the Court. The proceeds of goods so sold shall be paid into Court.
On the conclusion of peace such proceeds and any goods detained but not sold shall be dealt with in such manner as the Court may in the circumstances deem just; provided that nothing herein shall prevent the payment out of Court of any such proceeds or the release of any goods at any time (a) if it be shown to the satisfaction of the Court that the goods had become neutral property before the date of this Order, or (b) with the consent of the Proper Officer of the Crown.
4. The law and practice in Prize shall, so far as applic- able, be followed in all cases arising under this Order,
5. Nothing in this Order shall affect the liability of any vessel or goods to seizure or condemnation independently of this Order.
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6. For the purposes of this Order the words goods which are of enemy origin" shall include goods having their origin in any territory under enemy occupation or control, and the words "goods which
are enemy property”
in any such
shall include goods belonging to any person territory.
7. Proceedings under this Order may be taken in any Prize Court having jurisdiction to which the Prize Court Rules, 1939(*), apply.
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8. For the purposes of this Order the words “ British port mean any port within the jurisdiction of any Prize Court to which the Prize Court Rules, 1939, apply.
Rupert B. Howorth.
(a) S.R. & O. 1939 No. 1466.
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