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.ITONE-TOAJA
„ÞIÐI„JENGWA . Ndor
COPY.
Enclosure
ure 7.
Hon. Colonial Secretary,
C.O
22664
IREC
REG 17 MAY 15
1. Two points have emerged in recent discussion on the subject of the German Firms which were perhaps not sufficiently emphasized before.
2.
The first point is as to the legal effect of a licence to enemy subjects to remain in our territory during the war. Hall, International Law, 6th. edition, page 388, states the position thus:-
"When persons are allowed to remain, either for a
specified time after the commencement of war, or during good behaviour, they are exonerated from the dis- -abilities of enemies for such time as they in fact stay, and they are placed in the same position as other foreigners, except that they cannot carry on a direct trade in their own or other enemy vessels with
the enemy country”.
This statement of the law can be supported by various coses, some which are cited in a note on page 184 of the latest edition of Chitty on Contracts.
3. This point is of immediate importance here in view of the permission which has been given to enery subjects to remain in the Colony. The exact legal effect of the permission which has been given may be a matter of much doubt, but there can be no doubt that it does confer some rights, and it probably confers very full rights while it remains unrevoked. The question has be- -come of increased importance since the receipt of the telegram from the Secretary of State approving of the policy of allowing enemy subjects to remain here, a telegram which, I understand, was received after the despatch of the long telegram to him last Saturday week on the subject of the German firms. The position now seems to have got beyond the stage of a local and temporary
measure.
4. The other point is that there is some authority for
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