CO129-446 - Others & Individuals - 1917 — Page 98

.

enemy strictly so called;

and that

goods obtained from, or destined for, a person

should not have been a or firm on the Statutory List cannot be for-

showed not

feited under that section, as a person or firm

international lawd

(by a

on the Statutory List is not)ar enery, nor is Car

a

in accordance with Binternation such a person or firm treated as an enemy),

treated

as to fall within the meaning of that

extended by the definition clause contained in

Section 1 (3) of the Trading with the Enery

Amendment Ordinance 1915, of the Hong Kong

legislature.

4. 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, provided such

ordinance were strictly confined to goods the

property of persons or firms residing or

carrying on business 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

(e)

96

would of necessity point out the

narrow limits of the powers to be

asserted.

5. (1

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 prevent-

ing persons subject to British juris-

diction from handling or in any way

concerning themselves with such goods:

that is that the legislation must be

aimed at persons, subject to British

jurisdiction, and not at persons or

firms, or the goods of persons or

firms, not subject to that jurisdic-

tion.

I must add that it is the

more important to observe carefully

the distinction above pointed out,

as H.M.G. has informed neutral Govern-

rents, and in particular that of the

U.S.A. that all British legislation,

relating to the goods of neutrals,

operates

would