CO129-594-7 Proposed legislation to regularise registration of births- marriages and deaths in Stanley internment camp during... 16-10-1945 - 19-12-1946 — Page 31

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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subjects and resident aliens to observe their duty of

allegiance, notwithstanding the occupation and to

punish them in respect of breaches of that duty when

the invader was expelled, any exercise of judicial

authority could only be by virtue of the military

administration of the occupying power. If the

occupying power had allowed the Chief Justice to

exercise his functions in a normal manner the position

could hardly be in doubt, but as he had clearly

indicated his intention of suspending the Chief Justice

from the normal exercise of those functions, he could

press not in my opinion exercise a jurisdiction during his

internment which would be recognised by the English

courts. It may be true that it follows from this

conclusion that the persons who were interned were in

all respects, so far as the determination of their

rights according to English law were concerned,

deprived of access to the courts, but surely this

result would follow in any case where the territory

is under military occupation by a foreign power and

the inhabitants are either interned or made prisoners

of war.

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