Any further communication
on the subject, please quote
No.
and address
98374/45x.
The Controller,
Foreign Trade Department.
Telephone: Gerrard 8640).
53831
FOREIGN DE DEPARTMENT,
REGE 10 NOW 16
ST. JAMES,
S.W.
617
sir.
November 1916.
I am directed by Viscount Grey of Fallodon to
saknowledge the receipt of your letter of the 3rd instant
50752/16 relating to the removal and forfeiture at Hong Kong
of a shipment of wood tar on the Japanese steamer "Hokuto Maru”,
In reply I am to state that after consideration of
the Ordinances which were enclosed in your latter, Lord Grey is
advised that no person or body of persons is treated as an
enemy for the purpose of any Proclamation issued by His Majesty
dealing with Trading with the Enemy.
An enemy is an enemy
by common law and not otherwise, and the sole effect of the
Trading with the Enemy Proclamations and Acts of Parliament is
to make it an offence for British subjects to trade with the
persons mentioned in these Proclamations and Acta.
Such persons are not, however, thereby made, or
"treated as", enemies, and Lord Grey considers that it is mis- leading so to designate such persona.
With regard to the goods of persons who are enemies, Lord Grey is advised that by International Law enemy goods can only be dealt with in a Frize Court, since a Prize Court alone
can administer International Law, and according to International Law, national legislatures cannot alter the rules of
The Under-Searetary of State,
COLONIAL OFFICE.
International/