(7713) Wt. 40$52/714 50m 2/48 C.N.Lq 748
5412616148
14444
C.
Mr.
Mr....
Mr.
Mr.
Mr.
7/500 drauf.
dramit. U.S. of S.
Parly. U.S. S.
Minister of State
Secretary of State
Your Reference. 54126/6/48
DRAFT.
TELEGRAM
CYPHER.
NO.
IMMEDIATE.
SECRET.
14 copies
FURTHER ACTION.
Copies of draft
to go as indicated
on attached 3 p.m.
Your Telegram No.437.
The enclosures to my savingram No.70
of 26th August, 1947, indicated that in
the case of Burma it was assumed by the Burma
Office that
(i) whilst Civil Government was in control
in Burma any denial measures would
have been carried out either under
powers conferred by Defence Rules and
claims could be dealt with accordingly
(ii) other denial measures would give rise
to a claim for dam: ges.
H.M.G. did not therefore receive any advice
on this aspect of the problem. The advice
received was in respect of denial measures
carried out after Civil Government had ceased
to function in area concerned. In view
of the complete collapse of Civil Government
in Hong Kong on 25th December, 1941, the
advice received by H.M.G. was not directly
applicable to the situation in Hong Kong up
to 25th December, 1941, but in view of that
advice it appears that the legal liability
in cases of denial carried out prior to the
civil/