CO129-622-6 Claims of War Supplies to Eastern Group Supply Council 21-1-1949 - 23-12-1949 — Page 65

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prior the Japanese occupation,

o had a wa damage Compensation scheme

own setup in Kay Kary,

further

extent, I should feel justified in/pressing

the Ministry of Supply to make some payment,

but for the reasons given below I consider

that I should not be justified in so

proceeding.

I am advised that no legal claim

lies against either the Government of

Hong Kong or H. M. G. in respect of this

particular category of claim, nor indeed

has it been suggested that any legal claim

exists.

It is possible that had there been

some form of war risks goods insurance scheme

seheme- in Hong Kong the claimants in

question might now be able to effect some

recovery from the Chinese contractors,

as the latter might in turn have been

entitled to some payment under one or

ot her of the above schemes, had they

been set up. I see considerable danger.

in any case in making payments ex gratia,

where no legal liability exists, for what

is in effect war damage; and to make such

payments in the case of a particular

category of claimants might very well have

awkward repercussions in Hong Kong where

there were many claims amounting to a

very large sum in total in respect of various

losses and damage arising out of the war

which the Government of Hong Kong

themselves have decided should not be met

even to a limited extent under any war

damage