CO129-446 - Others & Individuals - 1917 — Page 94

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section, as a person or firm on the Statutory List is not

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an enemy, nor is such a person or firm treated as an enemy, so as to fall within the meaning of that word as extended

by the definition clause contained in Section 1 (2) of

the Trading with the Enemy Amendment Ordinance 1915, of the

Hong Kong legislature.

I am further advised that there would be no legal

objection to passing a further ordinance extending the

powers conferred by section 11 to goods obtained from, or

destined for, persons or firms on the Statutory List, pro-

vided such ordinance were strictly confined to goods the

property of persons or firms residing or carrying on busi-

ness in the British Empire, and therefore subject to

British Jurisdiction, but I should be glad if you will

consider whether from a practical point of view it would

be advisable to pass an ordinance, which would of necessity

point out the narrow limits of the powers to be asserted.

I am advised that the only control which can be

exercised against goods, the property of persons or firms

on the Statutory List, is by preventing persons subject to British Jurisdiction from handling or in any way concerning

themselves with such goods: that is that the legislation

must be aimed at persons, subject to British Jursidiction, and not at persons or firms, or the goods of persons or firms, not subject to that jurisdiction.

I must add that it is the more important to ob- serve carefully the distinction above pointed out, as H.M.G. has informed neutral Governments, and in particular

that/