46086-1916-Cargo-for-Hongkong-on-board-enemy-ships — Page 1

THE HONGKONG GOVERNMENT GAZETTE, MAY 12, 1916.

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V. Trading, exportation, importation, production, and manufacture;

VI. Appropriation, control, forfeiture and disposition of property, and of the

use thereof;

and may by such Regulations authorize the trial by Courts Martial or Civil Courts, or in the case of minor offences by Courts of Summary Jurisdiction, of persons committing offences against the Regulations, and the infliction by such Civil Courts of the following punishments, that is to say

(a.) In the case of Courts of Summary Jurisdiction, imprisonment with or without hard labour for a term not exceeding six months, or a fine not exceeding £100, or both such imprisonment and fine; and

(b.) In the case of other Courts, penal servitude for life or any less punishment, or, in the case of offences where intention of assisting the enemy is proved, death or any less punishment.

(3.) For the purpose of the trial of a person for an offence against such Regulations by Court Martial and the punishment thereof, the person may be proceeded against and dealt with as if he were a person subject to military law and has on active service committed an offence under Section 5 of the Army Act :

Provided that where it is proved that the offence is committed with the intention of assisting the enemy a person convicted of such an offence by a Court Martial shall be liable to suffer death.

(c.) Any provision of any law of the Colony which may be inconsistent with any Regulation made by the Governor under this sub-clause shall be suspended and of no effect during the continuance of such Regulation.

4. The Governor may, if he thinks fit, delegate to the naval or military authorities in the Colony any of his powers under the Principal Order.

ALMERIC FITZROY.

Cargo for Hongkong on board enemy ships.

No. 198. The attention of the public is called to the necessity of obtaining licences from the Government before any cargo can be brought forward to Hongkong from enemy ships which are sheltering in neutral ports, and importers and others are warned that if they bring forward any such cargo without a licence they are liable to be proceeded against under the Trading with the Enemy Ordinances, and that the cargo itself will be liable to be condemned to the Crown on arrival here.

One condition of the licences which will be issued will be that information must be given beforehand to the Proper Officer of the Crown (Crown Solicitor) of the expected arrival of the cargo, with particulars of the marks, numbers and consignees.

Licences will be given to bring forward cargo of the following classes :-

(a.) Cargo which is British property ;

(b.) Cargo which is enemy property but is under lien to some approved bank; (c.) Cargo which is enemy property but which was at the outbreak of war under lien to some approved bank, the lien of which has since been satisfied by the consignee.

In this connection it must be pointed out that cargo is not necessarily British pro- perty because it is consigned to à British firm. Where the cargo has been financed by bills which have been negotiated by a bank, and the bank holds the shipping documents, the property almost certainly remains in the shipper, and if the shipper has become an enemy by reason of the outbreak of war, the cargo is enemy property. The acceptance or payment of the bills by the consignees after the outbreak of war has not the effect of passing the property from the shippers to the consignees, so that even if the bills have been paid the cargo is still enemy property.