36060-1914-Amendment-of-the-Trading-with-the-Enemy-Proclamation-No-2 — Page 1

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 16, 1914.

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NOW, THEREFORE, His Majesty, by and with the advice of His Privy Council, is pleased to order, and it is hereby ordered, that during the present hostilities the Convention known as the Declaration of London shall, subject to the following additions and modifica- tions be adopted and put in force by His Majesty's Government as if the same had been ratified by His Majesty :-

The additions and modifications are as follows:

(1.) The lists of absolute and conditional contraband contained in the Proclamation dated August 4th, 1914, shall be substituted for the lists contained in Articles 22 and 24 of the said Declaration.*

(2.) A neutral vessel which succeeded in carrying contraband to the enemy with false papers may be detained for having carried such contraband if she is encountered before she has completed her return voyage.

(3.) The destination referred to in Article 33 may be inferred from any sufficient evidence, and (in addition to the presumption laid down in Article 34) shall be persumed to exist if the goods are consigned to or for an agent of the Enemy State or to or for a merchant or other person under the control of the authorities of the Enemy State.

(4.) The existence of a blockade shall be presumed to be known :—

(a.) to all ships which sailed from or touched at an enemy port a sufficient time after the notification of the blockade to the local authorities to have enabled the enemy Government to make known the existence of the blockade, (b.) to all ships which sailed from or touched at a British or allied port after the

publication of the declaration of blockade.

(5.) Notwithstanding the provisions of Article 35 of the said Declaration, conditional contraband, if shown to have the destination referred to in Article 33, is liable to capture to whatever port the vessel is bound and at whatever port the cargo is to be discharged.

(6.) The General Report of the Drafting Committee on the said Declaration pre- sented to the Naval Conference and adopted by the Conference at the eleventh plenary meeting on February 25th, 1909, shall be considered by all Prize Courts as an authoritative statement of the meaning and intention of the said Declara- tion, and such Courts shall construe and interpret the provisions of the said Declaration by the light of the commentary given therein.

And the Lords Commissioners of His Majesty's Treasury, the Lords Commissioners of the Admiralty, and each of His Majesty's Principal Secretaries of State, the President of the Probate, Divorce and Adiniralty Division of the High Court of Justice, all other Judges of His Majesty's Prize Courts, and all Governors, Officers and Authorities whom it may concern, are to give the necessary directions herein as to them may respectively appertain.

ALMERIC FITZROY.

No. 397.-It is hereby notified that a proclamation was issued by His Majesty the KING on the 8th day of October, 1914, amending in the following respects the Trading with the Enemy Proclamation No. 2 issued on 9th day of September, 1914, which was published in the Hongkong Government Gazette Extraordinary of the 6th day of October, 1914:—

1. Heading (vi) of paragraph No. 4 is revoked and the following is substituted

therefor

(vi.) Not to make or enter into any new marine, life, fire or other policy or contract of insurance (including re-insurance) with or for the benefit of an enemy; not to accept, or give effect to any insurance of, any risk arising under any policy or contract of insurance (including re- insurance) made or entered into with or for the benefit of an enemy

*NOTE: These lists were published as Notification No. 358 in the Hongkong Government Gazette

Extraordinary on the 16th September, 1914.

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