47
it could be shown that at the time
when the loss or damage occurred,
the risk to the vehicle or aircraft
arising in consequence of war
operations was materially increased
by reason of the requisition.
It is
not clear why vessels are not
but
mentioned in this proviso, and one can
it
only assume that this proviso does
not cover vessels and that therefore
(equal to the
compensation of value of the
vessels would be payable in any case of
a loss whilst under requisition
irrespective of the cause of the
los s. In the last sentence of
his
paragraph 3 (a) of Allen's report,
Allen
he says that the legal liability in
these cases has been admitted by
the Hong Kong Attorney-General and is
not open to doubt. I assume
paragraph 3 (b) of the report refers
to cases where there was no formal
requisitioning.
4. The initial liability in meeting any
legally proved claims which,[have not
already been met by the United Kingdom
Departments, because they are outside the
scope of claims normally accepted by them,
must presumably rest on the Hong Kong
Government; but that raises the question
of the extent to which the United Kingdom
Service Department should morally be asked
to contribute towards the expenditure
involved.