Draft
Hong Hon No.
Minute
sir,
Governor
SIR F.H.MAY. K.C.M.G.
REC
C. O
4345
REG 24 JAN 17
Downing Street,
January, 1917
I have the honour to inform you that in
consequence of complaints made by neutrals of the
removal of goods at Hong Kong the scope and effect of
section 11 of Ordinance No. 22 of 1915 of the Legisla-
ture of Hong Kong, which provides for the seizure and
forfeiture of goods destined for or coming from an
enemy, bave been carefully considered both by this
Department and by the Foreign Office from the point of
view of international law.
From this aspect I am advised the position
is as follows:-
(a) In the case of goods which are actually the property of persons or firms on the Statutory List, fortiture of the goods, either under section 11 of Ordinance No. 22 of 1915 or under any local Ordinance hereafter to be passed, would be inconsistent with
international law.
(b) The forfeiture of goods which are the property of an "enemy" in the strict sense under British law is legitimate, but such goods cannot be forfeited otherwise than by the decision of a Prize
Court.
(c) Goods/
90