-4-
595
1
L
is of enemy ownership it is generally impossible to obtain proof of that fact, and it is often equally impossible to prove that the Black List or non-White List consignor or con- signee is really a mere name to cover an enemy. In other words, preventing or discouraging shipment by persons amenable to British jurisdiction is a different problem from taking definite legal action against particuler consignments which may have started on their journey innocently. is explains
the attempt made in the rules to keep cut Black List or "Ton- White List cargo by means of conditions attached to the im- port licences to be granted to shipowners, The form of the
im ort licence iven in the order-in-Council contains only the condition' relating to non-White List cargo, as the Black Liste could not be gazetted, but it is ronosed to add another con- dition in each licence referring to a confidentially communi- cated Black List. The object of these conditions is, to
prevent shipovners fro.: ever accepting such cargo for Hongkong,
or for transhipment 'in, or transit through, Hongkong. It
was recognised that it will not be possible to interfere with
transit cargo on neutral ships, but it was thought better not
to refer to this point in the Ordinance or Order-in-Council,
but to allow the exception to be given effect to by executive
action.
Section 1 is formal,
Section 2 contains definitions of certain terms used.
These terms have beendefined as widely as possible in order
to prevent evasion, Exception may be taken to the definition
of the term "to export" on the ground that it does not exclude
the case of transit cargo on neutral ships, but, as stated
above, it was thought better on the whole to quit this point,
_n order to avoid drawing attention to it.
Sections 5 and 4 confer vry wide powers on the Governor-