583504-1940-Statutory-Rules-and-Orders-1940-No-1436--Reprisals--German-and-Italian-Commerce-Restriction — Page 2

1470 THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 4, 1940.

AND WHEREAS these proceedings on the part of the enemy give to His Majesty an unquestionable right to adopt such ineasures as may be deemed expedient for restricting further the enemy's commerce and for maintaining the efficiency of those previously taken :

AND WHEREAS, for the convenience of traders and for the avoidance of the risks and delays inseparable from the diversion of ships into port in the exercise of belligerent rights against commerce at sea, a system has been instituted whereby passes can be obtained for approved cargoes and for ships which carry none but approved cargoes :

NOW, THEREFORE. His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:-

1. For the purposes of this Order :-

(i) the term

enemy territory includes territory under enemy occupation or control, and the term enemy port includes a port in the occupation of the enemy or situated in territory under enemy occupation or control;

(ii) the term "goods of enemy origin" includes goods having their origin in territory under enemy occupation or control, and the term goods of enemy

ownership" includes goods belonging to a person in such territory;

(iii) the term Cargo Navicert means a pass issuable by the appropriate British or Allied authority in the neutral country of shipment in respect of goods consigned to any port or place from which they might reach the enemy, to the effect that, so far as is known at the date of issue, there is no objection to the consignment;

(iv) the term "Certificate of Origin and Interest" means a pass issuable by the appropriate British or Allied authority in neutral territory (and, where necessary, endorsed at the port of shipment), certifying that a declaration of the non- enemy origin and ownership of the goods concerned has been made, supported by satisfactory documentary evidence;

(v) the term Ship Navicert means a pass issuable to a vessel in respect of a given voyage by the appropriate British or Allied authority at all principal British, Allied or neutral ports, if that authority is satisfied that the vessel is duly qualified to receive it.

2. Any vessel on her way to or from a port through which goods might reach or come from enemy territory or the enemy armed forces, not being provided with a Ship Navicert valid for the voyage on which she is engaged, shall, until the contrary is established, be deemed to be carrying contraband or goods of enemy origin or ownership, and shall be liable to seizure as Prize; provided that a vessel, other than a vessel which sailed from or has called at an enemy port, shall not be liable to seizure under the provisions of this Article unless she sailed from or could have called at a port at which she would, if duly qualified. have obtained a Ship Navicert.

3.--(1) Goods consigned to any port or place from which they might reach enemy territory or the enemy armed forces, and not covered by a valid Cargo Navicert or, in the case of goods shipped from a British or Allied port, by a valid Export or Transhipment Licence, where such Licence is required, shall, until the contrary is established, be deemed to have an enemy destination.