CO129-627-4 Argyle Street explosion- correspondence on claims and enquiries 1-6-1946 - 31-7-1951 — Page 37

JW

COPY

Ref:- 25/Damages/3430(F3A)

Your ref:- D.M.

THE WAR OFFICE,

London, S.W.1.

10th February, 1950

8.

Dear Atherton,

May I refer to your letter of 6th January, 1949 and previous correspondence regarding claims arising out of the explosion at Argyle Street, Hong Kong, on 2nd January, 1946.

We have made two attempts to persuade the Colonial Office to make representations to the Hong Kong Government with a view to that Government taking over the claims, but the Colonial Office have declined to do so, although they have sent copies of the correspondence (copies of which are enclosed) passing between us to the Governor of Hong Kong.

We still feel strongly that the settlement of these claims is not a War Department responsibility.

You suggested in your letter of 18th December, 1948 that we should rely upon the terms of W.0. telegram of 19th February, 1946 but you will see from the first paragraph of Colonial Office letter of 31st October, 1949 that they refuse to regard it as applicable. Since then we have found copies of two further telegrams which in our view show that damage claims were not intended to be excluded from the hand-over arrangements.

As regards the second paragraph of Colonial Office letter of 31st October we can only say that had the Civil Government immediately resumed administrative responsibility for the Colony, the safety and disposal of the ammunition dumps would undoubtedly have been their responsibility as the explosives had been placed in the storage tunnels in Argyle Street by the enemy and not by the Service authorities. In such conditions, although the Service Authorities would certainly have been willing to co-operate by

D.J. Atherton, Esq.,

Treasury Chambers,

Great George Street, London S.W.1.

/removing