CO129-446 - Others & Individuals - 1917 — Page 92

Draft

Hong Hon No.

Minute

sir,

Governor

SIR F.H.MAY. K.C.M.G.

REC

C. O

4345

REG 24 JAN 17

Downing Street,

January, 1917

I have the honour to inform you that in

consequence of complaints made by neutrals of the

removal of goods at Hong Kong the scope and effect of

section 11 of Ordinance No. 22 of 1915 of the Legisla-

ture of Hong Kong, which provides for the seizure and

forfeiture of goods destined for or coming from an

enemy, bave been carefully considered both by this

Department and by the Foreign Office from the point of

view of international law.

From this aspect I am advised the position

is as follows:-

(a) In the case of goods which are actually the property of persons or firms on the Statutory List, fortiture of the goods, either under section 11 of Ordinance No. 22 of 1915 or under any local Ordinance hereafter to be passed, would be inconsistent with

international law.

(b) The forfeiture of goods which are the property of an "enemy" in the strict sense under British law is legitimate, but such goods cannot be forfeited otherwise than by the decision of a Prize

Court.

(c) Goods/

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