CO129-627-4 Argyle Street explosion- correspondence on claims and enquiries 1-6-1946 - 31-7-1951 — Page 68

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68

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Stryde pelondon 2/1/16

OPINION

@ have parunnd the file relating to this untter AÐ VIÐ LIĜArstand it

position now le no followMB -

Hedquarters Cināms tā Bārings 123 tha© Singapore hatm accepted the claims

ngo, be, they are not the

oal they are not to be

mubject of reparatione clatte (see letter of 2/6/46) (20)

The Colonial #cretariat has been informasi that without aimitɛing liability,

en gratia payværks wil. bo made to capenact people who have suffered

damage or injurios as a result of the explosion (nes letter of 3+9+46) (24}.

'The original difference of opánáon between the

GOVVITEDIÉt onl

Pilitary »uthorities as to the responsibility for the explosion is therefore

harático

at en ordio

The only question now ia as to the derbeut of sole liability for the lose,

inzy and damage caused to civiliamm by the explosion.

On the point we find difficulty in giving an opinion because the cárcertezone

re unximal having regard to the following: fictaim

stored in the tunela vhilst the Japanese more in

(1) the axiomioma vasa

occupation of long Long

(2) She oc upation of lwitish teritory by an energy has rarely occur ed in

the past and consequstly no dir ot isçal authority on the point is

wailable.

abject to the sf: act of the iniernity and Validating Ordinance 1946 refer ed to

at the end of this úpánion so a pee generally with the opinion expressed by the

boting Bolicitor General as the law in llong kong as met out in the lottar

from Vək● 63 « D) of Hârâns à iligomis to the irodant, cladem Borrássáon dated

2nd September, 1947 Unjo ve ulao agree with the opârtion given in j'ara» 3 of

the letter dated 17th June, 1966, from the Colonial decrday [D] that the

tang cause of the epicolen ma not the storage by the Japaneay of arx unit.on

in the tunnels and that this could not in lam be colând upon

use of articles which m

Apart from the qecial ciruzetanes mentioned (itragraphs (1) and (..)) the

law is that the poression

ty nɛtue cuch

parson ponajping or using them the duty to take the

oplosives imposes or

há host pasṇáble degree of one and the se

fot that an acci...nt results from th

/po Bassion ******