T.1. 4077.
76 020 RL. „TESAN DAVIS..”ICH „GITALY
HAL-119
UTH TH
373
知
1.
o fer ca 1 am nw're the fact that coods, obtained from an
enemy écuntry since the declaration of wir, were bou ht and wid
for prior to the wax affords no ang 'er in law to a charge of
"trading with the enemy" founded on the importation of those
goods; although the existence of such a state of facts his bean
sufficient to induce the one Office and the bard of "rade
to grant licenses in many ou308.
,
2. I think therefore thrt the consignees in Hong kong if they
took delivery of there goods woʻld prima facie be guilty of
truding with the enery asouming: they were aware of the enery
origin of the goods,
in the same way I think the responsible officer of the
"Belgownie (1 have assumed bin to be the "ster) and the
General
tear Navigation Company whose authorised servant he is
would in my opinion be prohibited from carrying t`ese goode se
coming from an anery county within the meaning of rar, 8 (7
oféha i roclaration of 9th eṛtember 1914.
4. On the question o“ a presecution of either of these last-
mentioned persons however there arrears to me to be a complete
absence of the "mene rea⋅ which is a necessary ingredient of
this ns of most other criminal offences.
1 am not very familiar with shirring practice but I
believe
an right in agguming that the Custer would obtain
his knowledge ns to the origin if goods onrried by him from
the Bill of adiny, which described these goods na of German
origin' but with certificate of 'nglish
transhipment at ondion".
onsulate allowing
That is rrobably an overstatement of the effect of the
documente