CO129-627-4 Argyle Street explosion- correspondence on claims and enquiries 1-6-1946 - 31-7-1951 — Page 41

54423/49

25/Damages/3430/0.0.)

41

3100. 1573

Cotober, 1949.

४

sir,

I am directed by Mr. Secretary Oresch Jones to refer to your letter of the 20th August concerning claims arising from an explosion in Hong Kong in January, 1946, and to request you to inform the Army Council that he regrets that he is unable to accept the assumption in the third paragraph of that letter. Mr. Creech Jones is advised that paragraph ONE (D) of War Office telegram No.01733 of the 19th February, 1946, cannot be held to apply to such claims for damages, since its wording, and in particular the use of the words 'bills' and 'transactions), makes it clear that the paragraph is intended to refer to accounts rendered or to be rendered for goods supplied, money advanced or services performed; and this view is supported by the wording of the telegram as a whole, which clearly relates to financial matters in the normal sense, and does not extend to claims arising from tortious acts.

Mr. Creech Jones further considers that the custody and disposal of the explosives in question were undertaken by the Service authorities as part of

THE UNDER-SECRETARY OF STATE,

WAR OFFICE.

/ their