CO885-(16-18) — Page 7

2

2. That in the application of the Act to any contract for sale entered into by a company registered in Australia, the expression "alien enemy" shall include any person, firm, or company being an enemy subject within the meaning of the Enemy Contracts Annulment Act, 1915, of the Common-

wealth of Australia.

It appears desirable that, before a Bill is introduced, the Australian Government should be consulted as to its terms.

FREDK. SMITH. GEO. CAVE.

28816

22nd November, 1915.

7

السياسيا

PUBLIC RECORD OFFICE

Reference :-

C.O.88

16 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

GENTLEMEN,

No. 193.

(WEST AFRICA.}

COLONIAL OFFICE TO LAW OFFICERS.

[Liquidation of Enemy Firms.]

} Downing Street,

4 August, 1915. WITH reference to your predecessors' letter of the 25th of May* in which they advised the Secretary of State for the Colonies with regard to certain questions which had arisen in connexion with the liquidation of enemy firms, or branches thereof, established in the Colonies and Protectorates of Nigeria, Sierra Leone, and the Gold Coast and its dependencies, I am directed by Mr. Secretary Bonar Law to inform you that despatches giving instructions in accordance with the advice fendered were addressed to the Governors of the Colonies in question and that the decision taken was communicated to the Chambers of Commerce of London, Liver- pool, and Manchester. Copies of the despatches and letters conveying the decision are enclosed for your information.

To Governors of Sierra Leone, Gold Coast, and Nigeria, 10th June, 1915 (2155),

To Chambers of Commerce, 16th June, 1915 (24554).

2. The decision caused serious dissatis- faction to merchants in this country, and finally

a deputation of representatives of the three Chambers of Commerce was received by Mr. Steel Maitland at the Colonial Office. At this meeting it was urged by the repre- sentatives of the Chambers that practically all the contracts made by British firms for the delivery of goods to enemy firms in West Africa were made with the head offices in enemy territories, not with the branches in West Africa, and that if the claims of these British firms were not satisfied out of the assets of the enemy firms now held by the Government in West Africa they never would be satisfied, since at the end of the War the attitude (whether justifiable or not) of the enemy Govern- ments and courts would probably be that the firms had been wound up by the British Government so far as the British Empire was concerned, and that for this reason no further payment could be made in payment of British claims. The Chambers particularly emphasised the unfairness of the fact that goods sent by British firms tó German branches in West Africa on the order of the head offices in enemy territory are now being sold in West Africa as part of the assets of the local branches, although the British firms who supplied them had not been paid for them and have, under present circumstances, no prospect of recovering any part of the money due.

3. Mr. Bonar Law feels that there is much force in the views expressed by the representatives of the Chambers of Commerce, and he is anxious to do all that is possible to meet their wishes.

4. It will be seen that the matter may in any case prove complicated, though in practice, outside the Colony in which any debtor branch enemy firm is situate, the principal creditor is generally the head office of the creditor firm. Thus, debts may conceivably be due by any one of the following :-

-

(1) Enemy firm's head office (say in Bremen).

(2) Enemy firm's branch office (say in Gold Coast).

(3) Enemy firm's branch office in Allied territory (say in Senegal).

(4) Enemy firm's branch office in neutral territory (say in Fernando Po).

(5) Enemy firm's branch office in enemy territory occupied by British

Forces (say in Western Togoland).

(6) Enemy firm's branch office in enemy territory occupied by Allied

Forces (say in Eastern Togoland).

to any one of the following:

---

A. (1) British firm's head office (say in London).

(2) British firm's branch office in the samé British dependency (say in

Gold Coast).

• No. 183.

(10661-1.) Wt. 20-1020. 50. 9/17. D & S. G/ 1.