CO129-476 - Acting Governor Claud Severn & Governor Sir Stubbs - 1922 [8-12] — Page 216

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cut the nature of our cliente claim,

The Government have in hand today as representing the aforesaid earnings $2,231,204.11, and the shipowners concerned consider that this sum should be returned to them now that it is not wanted for war purposes and is not required by the Home Goverment for war purposes.

We would point out that at the very earliest opportunity and as far back as 1918 we on behalf of the shipowners concerned wrote to the Hongkong Government and pointed out that the Govern- ment's action was without legal authority, that there were certain forms of legal procedure which the Government could adopt for the purpose of carrying out their policy, but the Government failed to adopt such courses. The courses which the Government could have adopted are set out in our letter of the 19th April 1918 set out in paragraph 3 of the printed Petition, No twith- standing the warnings as to the legal position the Government of Hongkong took no steps to place their action on a legal basis, On the 5th December 1919 the test action was commenced in the Supreme Court of Hongkong. On the Statement of Claim being filed we on behalf of our clients in accordance with the procedure laid down by the Code of Civil procedure of the Colony of Hongkong applied to His Exodlency the Governor of Hongkong for his fiat

to the continuance of the proceedings, and we continually from time to time pressed for the granting of the flat without avail. In June 1921 the Hongkong Government formally notified us on behalf of

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