BRITISH AND STATE PAPERS. LIBR BRITISH ORDER IN COUNCIL amending the Order in Council of March 11, 1915, relative to Goods of Enemy Origin or of Enemy Destination or which are Enemy Property.-London, January 10, 1917.* At the Court at Buckingham Palace, the 10th day of January, 1917. PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS, on the 11th day of March, 1915, an Order was issued by His Majesty in Council directing that all ships which sailed from their ports of departure after the 1st day of March, 1915, might be required to discharge in a British or Allied port goods which were of enemy origin or of enemy destination or which were enemy property; And whereas such Order in Council was consequent upon certain Orders issued by the German Government purporting to declare, in violation of the usages of war, the waters surrounding the United Kingdom a military area, in which all British and Allied merchant vessels would be destroyed, irrespective of the lives of passengers and crew, and in which neutral shipping would be exposed to similar danger, in view of the uncertainties of naval warfare; And whereas the sinking of British, Allied, and neutral merchant ships, irrespective of the lives of passengers and crews, and in violation of the usages of war, has not been confined to the waters surrounding the United Kingdom, but has taken place in a large portion of the area of naval operations; And whereas such illegal acts have been committed not only by German warships but by warships flying the flag of each of the enemy countries; And whereas on account of the extension of the scope of the illegal operations carried out under the said German "London Gazette," January 12, 1917. + Vol. CIX, page 217. Orders, and in retaliation therefor, vessels have been required under the provisions of the Order in Council aforementioned to discharge in a British or Allied port goods which were of enemy origin or of enemy destination or which were enemy property, irrespective of the enemy country from or to which such goods were going or of the enemy country in which was domiciled the person whose property they were; And whereas doubts have arisen as to whether the term enemy" in Articles 3 and 4 of the said Order in Council includes enemy countries other than Germany: 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. In Articles 3 and 4 of the said Order in Council of the 11th March, 1915, aforementioned, the terms "enemy destination" and "enemy origin "shall be deemed to apply and shall apply to goods destined for or originating in any enemy country, and the term "enemy property" shall be deemed to apply and shall apply to goods belonging to any person domiciled in any enemy country. 2. Effect shall be given to this Order in the application of the said Order in Council of the 11th March, 1915, to goods which previous to the date of this Order have been discharged at a British or Allied port, being goods of destination or origin or property which was enemy though not German, and all such goods shall be detained and dealt with in all respects as is provided in the said Order in Council of the 11th March, 1915. BRITISH J. C. LEDLIE. ORDER IN COUNCIL relative to the removal of Prisoners from Wei-hai-Wei to Hong Kong. -London, January 10, 1917.* At the Court at Buckingham Palace, the 10th day of January, 1917. PRESENT THE KING'S MOST EXCELLENT MAJESTY. Lord Privy Seal. Lord Rhondda. Sir Maurice de Bunsen. Sir Frederick Ponsonby. WHEREAS by The Colonial Prisoners Removal Act, 1869," it was (amongst other things) enacted that any two "London Gazette," January 12, 1917. "Hertslet's Commercial Treaties," Vol. XIII, page 1128. Colonies might, with the sanction of an Order of His Majesty in Council, agree for the removal of any prisoners under sentence or order of transportation, imprisonment, or penal servitude, from one of such Colonies to the other for the purpose of their undergoing in such other Colony the whole or any part of their punishment, and for the return of such prisoners to the former Colony at the expiration of their punishment, or at such other period as might be agreed upon, upon such terms and subject to such conditions as might seem good to the said Colonies, and that the sanction of the Order of His Majesty in Council might be obtained in the case of a Colony having a Legislative Body on an address of such body to His Majesty, and in the case of any Colony not having a Legislative Body on an address of the Governor of such Colony, and that the Agreement of any one Colony with another should for the purposes of the said Act be testified by a writing under the hand of the Governor of such Colony; And whereas by an Order of His Majesty the King in Council, bearing date the 12th day of August, 1915,* His Majesty, by virtue and in exercise of the powers in that behalf by The Foreign Jurisdiction Acts, 1890 and 1913," or otherwise in His Majesty vested, was pleased, by and with the advice of his Privy Council, to order that "The Colonial Prisoners Removal Act, 1869," should, from the date of the said Order, apply to the Territory of Wei-hai-Wei, as though that Territory were, within the meaning of the said Act, a Colony not having a Legislative Body; our And whereas an Agreement, bearing date the 29th day of July, 1916, was made by and between our trusty and wellbeloved Sir Francis Henry May, Knight Commander of our Most Distinguished Order of Saint Michael and Saint George, our Governor and Commander-in-chief in and over Colony of Hong Kong and its Dependencies, and our trusty and well-beloved Sir James Haldane Stewart Lockhart, Knight Commander of our Most Distinguished Order of Saint Michael and Saint George, Commissioner of the Territory of Wei-hai-Wei on behalf of the Colony and Territory of which they were respectively Governor and Commissioner as aforesaid, respecting the removal of prisoners from Wei-hai-Wei to Hong Kong upon certain terms and subject to certain conditions therein set forth, of which Agreement a copy is contained in the Schedule to this Order annexed; And whereas the said Agreement was duly testified by writing under the hand of the said Governor and Commissioner respectively; Vol. CIX, page 311. And whereas addresses have been received by His Majesty + Vol. LXXXII, page 656. Vol. CVI, page 38. from the Legislative Council of the said Colony of Hong Kong, and from the said Commissioner of Wei-hai-Wei, respectively, praying that His Majesty will be graciously pleased to sanction the said Agreement by an Order of His Majesty in Council to be made under the said “Colonial Prisoners Removal Act, 1869." Now, therefore, His Majesty, in pursuance and exercise of the powers vested in His Majesty by the said Act of Parliament, doth by this present Order, by and with the advice of his Privy Council, declare his sanction to the said Agreement. And the Right Honourable Walter Hume Long, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly. J. C. LEDLIE. SCHEDULE. AGREEMENT made the 29th day of July, 1916, between his Excellency Sir Francis Henry May, K.C.M.G., Governor and Commander-in-chief of the Colony of Hong Kong and its Dependencies, for and on behalf of the Government of the said Colony (hereinafter called the Governor'), of the one part, and his Honour Sir James Haldane Stewart Lockhart, K.C.M.G., Commissioner of Wei-hai-Wei, for and on behalf of the Government of Wei-hai-Wei (hereinafter called the Commissioner ''), of the other part. Whereas by Section 4 of "The Colonial Prisoners Removal Act, 1869," it is provided, inter alia, that any two Colonies may with the sanction of an Order of His Majesty in Council agree for the removal of any prisoners under sentence or order of transportation, imprisonment, or penal servitude from one of such Colonies to the other for the purpose of undergoing in such Colony the whole or any part of their punishment, and for the return of such prisoners to the former Colony at the expiration of their punishment or at such other period as may be agreed upon, upon such terms and subject to such conditions as may seem good to such Colonies; And whereas by an Order of His Majesty in Council of the 12th August, 1915, the said "Colonial Prisoners Removal Act, 1869," was made to apply to Wei-hai-Wei; And whereas it is desired by and between the parties hereto, in pursuance of the powers vested in them respectively, to make arrangements for the removal from time to time of prisoners from Wei-hai-Wei to Hong Kong: Now it is hereby agreed by and between the said parties hereto as follows: 1. Any prisoners at Wei-hai-Wei under sentence or order of transportation, imprisonment, or penal servitude, may be removed from Wei-hai-Wei to Hong Kong for the purpose of their under going in Hong Kong the whole or any part of their punishment. Provided that the gaol accommodation at Hong Kong is sufficient and not unduly taxed thereby. 2. The Governor shall have power if at any time the gaol accommodation is deemed by him to be insufficient, or is likely to be unduly taxed, to decline to accept any prisoner or prisoners in any particular instance. 3. At the expiration or sooner termination of the period of their punishment the said prisoners shall be returned to Wei-hai-Wei by order under the hand of the Governor. 4. The whole of the expense of the prisoners' removal to, maintenance in, and return from Hong Kong shall be borne by the Government of Wei-hai-Wei. 5. This Agreement shall receive, and shall be deemed to be in force immediately upon, the sanction of an Order of His Majesty in Council. F. H. MAY. J. H. STEWART LOCKHART. Signed by his Excellency Sir Francis Henry May, K.C.M.G., for and on behalf of the Government of the Colony of Hong Kong, in the presence of— R. O. HUTCHISON. F. KINCHIN SMITH, P.S. Witnesses. Signed by the Commissioner his Honour Sir James Haldane Stewart Lockhart, K.C.M.G., for and on behalf of the Government of Wei-hai-Wei, in the presence of— H. P. WILKINSON. E. A. SLY. BRITISH NOTIFICATION relative to the coming into force of "The Straits Settlements and Protected States Fugitive Offenders Order in Council, 1916.”London, January 18, 1917.* WHEREAS by the first clause of the Order in Council of the 24th day of October, 1916, entitled "The Straits Settlements and Protected States Fugitive Offenders Order in Council, 1916," it is provided that the Order shall come into force on such day as may be fixed by notification by His Majesty's Principal Secretary of State for the Colonies, published in the "London Gazette ": Now, therefore, I, the Right Honourable Walter Hume Long, His Majesty's Principal Secretary of State for the Colonies, do, in pursuance of the power so conferred on me, |