COPY.
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ML 02
Reck
Memorandum on Section 11 of Ordinance No. 22 of 1915.
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The history of the section is as follows. The Certificate of Origin Amendment Ordinmee, 1915, Ordinace No. 18 of 1915, con- -tained in section 2 a provision for the seizure and forfeiture of good-s of enemy origin which was based on section 6 of the Customs (War Powers) Act, 1915, 5 & 6 Geo. 5, c.31. This provision was afterwards transferred to 10 of the Trading with the Enemy Second Amendment Ordinance, 1915. Ordinance No. 22 of 1915. By the time that the latter Ordinance was introduced a copy of the Customs (War Powers) (No. 2) Act, 1915, 5 & 6 Geo. 5, c.71, had renched the Colony, and section 11 of the Ordinance was based on section 2 of the Act. As explained in the report on the Ordinance the section was drawn as it is in order to facilitate the throwing of the onus on the party appearing to oppose the forfeiture. Both section 10 and section 11 of this Ordinace were included in the provisions extended to persons on the Statutory List by virtue of section 4 of the Trading with the Emany (Extension of Powers) Ordinance, 1916, Ordinance No. 4 of 1916. It will be noted that the Secretary of State's Despatch of the 2nd. September, 1915, which conveyed the advice of the non-disapproval of the Certificate of Origin Amendment Ordinance, 1915, took no exception to the power of forfeiture in general. It also drew attention to section 2 of the Customs (War Powers) (No. 2) Act, 1915, which had already led to the enactment of section 11 of the Trading with the Enemy Second Amendment Ordinmoe, 1915.
2.
It has been fully recognised here from the beginning that it is only by a decision of a Prize Court that any goods can be for- -feited on the ground of their being the property of an enemy, and that persons on the Statutory List are not enemies for the purpose of international law. The latter point has been drawn attention to here repeatedly, ever since the first publication
of the Statutory List.
3.
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