(24534) Wt. 29815-5332 (2) 100m 12/49 G.S.St.
C. O.
Mr....
Mr.
Mr.
Mr....
Mr.
Farclough 2/3 atonce
DRAFT
DESPATCH
Permt. U.S. of S.
Parly. U.S. S.
C.
14-1
F.K.
AS AMENDED BY OTHER
+38
Minister of State
Secretary of State
DEPARTMENTS CONCERNED
Your Reference..
女
17 MAR 250
TO: GOVERNOR,
HONG KONG.
NO. 15
SECRET
(83) on 1948
file
49
Copy of (3) (spares may be available with registry) Copy of 'X' on page 4 of Appendix to (31)
ow
"C" is the Annexure
55178/19/48
FURTHER ACTION
Coppy for 54126/3/50
Sir,
I have the honour to refer to your despatch
No. 31 of the 12th August, 1948, on the subject of
claims in respect of vessels lost or damaged owing to
their having been used for various purposes in 1941
in connection with the defence of Hong Kong, and
to express regret at the delay in replying thereto.
I now take the opportunity of enclosing a copy of a
despatch to the Federation of Malaya dated 30th
May, 1949, together with a copy of the legal opinion
to which reference is made in the despatch, on the
somewhat similar problem in Malaya.
2. I consider that the same lines should be
followed in dealing with this problem in Hong Kong
as I have suggested in the enclosed despatch should
be followed in Malaya. Briefly those lines are:-
(i) Except where a case may be covered by
War Risks Insurance, "denial" claims,
on grounds of fairness, should be dealt
with on the same basis as claims in
respect of general war damage.
(ii) It is thought that no legal liability
exists against Government except in
cases where it can be established under
the local Defence (Compensation)
Regulations. These Regulations were
/ not