CO129-491 - Public Offices - 1925 — Page 181

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of the preceding correspondence with regard to the fim of Nemazee, he would have thought that the Governor would have made all possible efforts to bring the firm to justice.

3. It appears to be clearly established that the consignment of opium on the Gorgistan was brought by the firm from Persia to Macao, and the only difficulty would appear to have been that of connecting the transaction with the firm in Hong Kong, As to that, the telegram sent from Hong Kong to the Captain of the s.8. Gorgistan would, as indicated in paragraph 11 of the memorandum by the Attorney-General, appear to be sufficient evidence upon which to base a charge if it could be proved that it was sent on behalf of the firm. It is not stated what enquiries, if any, have been made as to the despatch of this telegram and in any event, if further evidence were needed, the telegram from Hong Kong to the Captain of one of Nema zeş 18 boats, which is known to have been carrying opium, would seem to have afforded sufficient justification for exeroising the powers given by section 31, paragraphs (c) and (f)II of the

Hong Kong Opium Ordinance of the 31st December, 1923.

4.

I am to point out that the Attorney-General in paragraph 9

of his memorandum has quite misunderstood the intention of the

provision to which he refers. The intention of the provision

in the Dangerous Drugs Act, 1923, was to make the furtherance

by a person in Great Britain of any act abroad which would, if

committed in Great Britain, have been illegal, an offence

irrespective of whether the act itself was legitimate abroad or

not.

5.

The Secretary of State is also unable to follow the

Attorney-General's argument in paragraph 7 of his memorandum or

understand why the firm camat be prosecuted as such.

6

Aa Lir, Amery is aware, His Majesty's Government are being

caused very considerable embarrassment by the comection of H. . H. Nemazee with Hong Kong. Foreign Governments do not hesitate to point out that the illicit traffic is very largely

organised/