8789
REO
222 FEB 15)
H.. Combulate-General,
Shanghai, 29th December, 1914.
75
His Excellency
Your Excellency,
I have the honour to acknowledge receipt of your despatch No.2054 of the 16th instant, regarding the questions raised by the case of the S.S."Phranang" brought to the notice of Your Excellency's Government by His Majesty's Actine Consul at Kiuchow.
As regards the vessel itself, I venture to forward a copy of the whole of the Crown Advocate's opinion. A noteworthy point is that the registered owner is not apparently the Company but its managing director, an alien now interned in the Colony, who is able to use the ship to trade freely with a German firm at a Treaty port, a proceeding peril- ous if she flew his national flag.
The general question of British registrat- ion of ships belonging to companies wholly or chiefly alien in direction and capital was brought to the notice of the Board of Trade in 1911. Legislation was favoured but the Roard saw no prospect of an amendment of the Lerchant Shipping Acte in the near future.
Er. Wilkinson, who appreciates greatly
Your Excellency's reference to himself, has to confess that there is nothing concerning enemy alians in the Company Acte, though the closing of British Courts to such persons would seem to render their retention of the posts of managing director or secretary in a British company anomalous.
The effect of extraterritoriality as
summarised by Kr. Wilkinson, coupled with the usual justifico- tion in the text-booke on International Law for commercial
Sir Henry kay, K.C.L.G.,
Governor of Hongkong.
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