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From General Officer Commanding, China, to War Office.
(No. 145, cipher.)
1st May, 1915, 3.5
p.m. I beg respectfully and strongly to submit the necessity that, when it is considered advisable on military grounds to search premises, property and persons, the Commander of this fortress should have power to direct the Provost-Marshal to do so. I consider these powers conferred on me by the Order in Council of October 26th, 1896, paragraph 3, sub-paragraph 1. The Naval authorities are in full agreement as to the necessity and regarding the interpretation of the Order in Council. The Governor regrets that he is advised to the contrary, that in the case of premises and property he can only allow search on a police warrant, and in the case of persons only on sworn information before a magistrate, as in peace. This method is quite unsuitable for war, when I must often act on suspicion without absolute proof. His interpretation of the Order in Council nullifies the usefulness of the Fortress Commander and takes from him power which he is supposed to have in war. Leading legal unofficial opinion entirely agrees with me. Please cable decision.
(B348) 20 5/15 H&S 1097wo