CO129-428 - Public Offices - 1915 — Page 377

T.1. 4077.

76 020 RL. „TESAN DAVIS..”ICH „GITALY

HAL-119

UTH TH

373

知

1.

o fer ca 1 am nw're the fact that coods, obtained from an

enemy écuntry since the declaration of wir, were bou ht and wid

for prior to the wax affords no ang 'er in law to a charge of

"trading with the enemy" founded on the importation of those

goods; although the existence of such a state of facts his bean

sufficient to induce the one Office and the bard of "rade

to grant licenses in many ou308.

,

2. I think therefore thrt the consignees in Hong kong if they

took delivery of there goods woʻld prima facie be guilty of

truding with the enery asouming: they were aware of the enery

origin of the goods,

in the same way I think the responsible officer of the

"Belgownie (1 have assumed bin to be the "ster) and the

General

tear Navigation Company whose authorised servant he is

would in my opinion be prohibited from carrying t`ese goode se

coming from an anery county within the meaning of rar, 8 (7

oféha i roclaration of 9th eṛtember 1914.

4. On the question o“ a presecution of either of these last-

mentioned persons however there arrears to me to be a complete

absence of the "mene rea⋅ which is a necessary ingredient of

this ns of most other criminal offences.

1 am not very familiar with shirring practice but I

believe

an right in agguming that the Custer would obtain

his knowledge ns to the origin if goods onrried by him from

the Bill of adiny, which described these goods na of German

origin' but with certificate of 'nglish

transhipment at ondion".

onsulate allowing

That is rrobably an overstatement of the effect of the

documente