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87. J. P. Bancroft (Isy)
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4-10-48
4-10-48.
88. H. Rodd (M. Jpt.) — AT/ Gen. 13/27
Mr. Wallace.
I have read the report in No.88 which sets out the position very fully and is a most useful document. I have not yet spoken to Mr. Severs (Admiralty) nor to any of the other Service Departments. The Admiralty is apparently the Department primarily concerned and is also the Department,which in the person of Mr. Severs,has adopted á helpful attitude on this matter. As the report deals with shipping, the War Office are not directly concerned and in any case their general unhelpful attitude would make it a waste of time to discuss the matter with them at this stage.
2.
(a)
The problem can be divided into two parts:-
Shipping which was requisitioned and mainly
used as block ships on the 8th of December, 1941. As the requisitioning was done in accordance with the local defence regulations the question of legal liability of "Government" falls to be dealt with under those regulations. Para. 3(a) of the report, however, states that legal liability has in fact been admitted in these cases and as the requisitioning was formally carried out by the Harbour Master who was acting on behalf of the Hong Kong Government, the legal liability in such a case must lie against the Hong Kong Government, although this does not of course rule out the possibility that the Admiralty may agree that in fact part of the liability should be accepted by them.
(76) Ships which were sunk on the 11th December, 1941,
some of which were properly requisitioned and
others/