CO129-420 - Governor Sir May - 1915 [1-2] — Page 512

intituled an

Report on an Ordinance

Ordinance to amend the Military Stores (Exportation) Ordinances, 1862 and 1914.

508

(a)

All articles the exportation of which from

Hongkong was prohibited immediately before the

making of the proclamation;

(b)

All articles comprised in the Royal Proclamation

of the 10th November, 1914, published in No.

The object of this Ordinance is two-fold:-

(a) To define the term "export"; and

(b) To provide a specific penalty for

acte done in contravention of pro-

clamationg made under the Military

Stores(Exportation) Ordinances,

1862 and 1914, and under the order

in Council of the 26th October,

1896.

"Export" has been defined in wide terms in

order to give power to deal with any cargo passing out of,

or through, the Colony, in case of necessity. It is not,

however, intended to interfere with any cargo passing

through the colony by water without transhipment un-

less the case is a very exceptional one.

On the 22nd January, 1915, a proclamation

was issued by the Governor, purporting to be made

both under the powers conferred by the Military Stores

(Exportation) Ordinances, 1862 and 1914, and under the

powers conferred by the order-in-Council of Her late

Majesty Queen Victoria made on the 26th October, 1896,

which repealed all previous proclamations made under

the Military Stores(Exportation) Ordinances, and substi-

tuted a consolidated list of articles, the exportation

of which is prohibited. This list contains the fol-

lowing articles:-

(a)

28970 of the London Gazette of the 10th November,

1914, except sugar;

(c) All articles on the lists of absolute and con-

ditional contraband.

The prohibition in this proclamation of the Governor is

a prohibition of exportation to any destination as it was

found to be unnecessary in this colony to make the distinc-

tions as to destination which appear in the Royal Procla-

mations and which appeared in the earlier Hongkong procla-

mations. Permits are freely given to export many articles

comprised in the proclamation of the 22nd January, 1915,

where there is no fear either of depleting local stocks

or of increasing enemy stores, and the system appears to

work well and without friction.

It was felt that the penalty for breach of this pro-

clamation, or of preceding proclamations,was insufficient.

Under the Military Stores(Exportation) Ordinances, 1862

and 1914, it was at least open to argument that the only

penalty was forfeiture of the goods, a penalty which it

might not be impossible to inflict, and under the Order-

in-Council of the 26th October, 1896, the only penalty

was a fine not less than 20 dollars and not more than

100 dollars or imprisonment for a term not exceeding one

month. The Ordinance accordingly provides for a

severer penalty which has been fixed by imprisonement

for any term not exceeding 12 months and a fine not

exceeding 5,000 dollars. Under the Penalties Amendment