pursuing it on a legal basis.
·
39
However, as the
decision to have no uer Damage Compensation
schone vas taken on the recommendation of the Hong Kong overnment, we and the Hong Song government must face the difficulty and be pruparad to accept any repercussions. There is one exception to this position, as I understand that if a ship were insured under the United Kingdom carine sør kleks insurance scherze, denial' is a risk covered by tast scheme, and the Ministry of Transport would admit payment of compensation in full in such a case from the Marine War Ciska insurance fund.
3.
Apart from that particular category, where presumably no difficulty arises, the position appetre to be as follows:-
(a) where denial
Where dental took place without prior requisitioning, the attitude of
Hiɛ kajesty's Government is set out in War Office letter of the 16th September, 1943. In our despatch of the 30th May, 1946, to the Federation of vaË MYA aya
(paragraph 2) it was stated that in sil probability no elais would lie at law in such a osae apart from any claim under the local Lefence (Compensation) Begulations. Whether in fact the cladm came under the Defence (Compensation) Regulations however depended on several factors and in any event the claimant might rind great difficulty in proving that in fact sis elais came within the scope of those segulations. If however he were able to prove it, presumably the claim must be met by Governæent, which in this case would be the Government of Hong Kong .
/(b)
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