CO129-440 - Others & Individuals - 1916 — Page 43

dont

if the laws of his countiz forbid a shipment of the Hand in question, the forfeiture some Denalize the shipper for an act lawful in the place La committed.

where it

To make this clean the wording

of

The last para of 2.7.2. Wellin

Гараа should be modified on the lines of A above by the

mission of

Mi

Mur words marked

in trackets in the letter.

46.

We had better get F.O.

con Currence.

Are

2:117

Any further communication on the subject, please quote

No.

and address

95252/45x.

The Controller,

Foreign Trade Department.

Telephone: Gerrard 8640.

Sir,

42

FOREIGN TRADE DEPARTMENT,

C. 5.

LANCASTER HOUSE,

60763

ST. JAMES,

REGE DEC 15

REC.

18th December 1916.

S.W.

I am directed by Mr. Secretary Balfour to

acknowledge the receipt of your letter of the 4th instant

(33831/1916) dealing with the questions arising out of the

removal and forfeiture at Hong Kong of a shipment of wood

tar on the 8.9. "Hokuta Maru".

In reply to the seqen paragraph of your

letter Mr. Balfour does not desire to dissent from the view

that in the circumstances no action of the nature suggested

MO in the last paragraph of the letter from this Department of 507521

the 23rd October, is at present necessary.

Mr. Balfour is, however, advised that in the

case of goods which are the property of firms on the Statutory

List, forfeiture of such goods, either under Section 11 of

Ordinance 22 of 1915 or even under any further ordinance which

might be passed to deal with the difficulty referred to in the

second paragraph of the letter from this Department of the 9th

November, would be inconsistent with international law.

I am to add, although the question does not

strictly arise out of the case under consideration, that Mr.

Balfour is advised that the forfeiture even of goods whion be-

long to a person or body of persons who is an "enemy" in the

strict sense under Britis.. law cannot, compatibly with

MO 53831

I have discursed with be bennyson the question whether it is necessary precautentis against any

to take

It totorey

lepilating

on the lives of o!! 7

15117

Ha

Kong Badse

x

he is sater fied

we need not take this matter if in vel of the general unstuctiones abraday poly

The Under-Secretary of State,

COLONIAL OFFICE.

thout

international/