CO129-440 - Others & Individuals - 1916 — Page 50

F.F.D.'s reasons for ordering the good to goon will be unintellig without their reasons for ordering the dischaye (Jam not sun

are intelligible anyhow) that my are I have therepre actives dr.

Disini ofl.

06.21/07/646 Ase

21.12.16

Any further communication on the subject, please quote

No. 97730/45x

und address-

The Controtter,

Foreign Trade Department.

Telephone : Gerrard 8640.

sir,

URGENT.

60903

Ree

FOREIGN TRAPE

49

DEPARTMENT,

LANCASTER HOUSE,

ST. JAMES,

S.W.

20 December 1916.

In reply to your letter of the 15th instant

(59522/1916) regarding the goods ex s.s. "Kafue",

I am directed by Mr. Secretary Balfour to say that

it is presumed that the question contained in the telegram from the Governor of Hong Kong, a copy of

which was enclosed in your letter under reply,

refers to the original orders issued to the Master

of the "Kafue" for the discharge of the goods, and

not to the subsequent instructions given to the

Master of the "Karonga" for the reshipment of the

goods by that boat to Manila.

On this understanding Mr. Balfour is of opinion that the reply should be to the effect that the orders to the Master of the "Kafue* to land the goods were given under the general right of the Crown to stop a subject from completing an illegal contract, and under section 11 of the Hong Kong Trading with the Enemy 2nd Amendment Ordinance 1915, providing for what is in effect an exercise of that

right.

As Mr. Secretary Long is aware from previous correspondence, Mr. Balfour is advised that it is at least a matter of doubt as to whether the right was properly exercised. But whether properly exercised or not, its exercise was a restraint of

The Under Secretary of State,

Colonial Office.

princes.