PRIZE COURT. (Hansard, 19 March 1917)

§ 14. Mr. JOYNSON-HICKS

asked the Secretary of State for Foreign Affairs whether, having regard to Article 3 of the Order in Council of the 11th March, 1915, ordaining that goods with an enemy destination or which are enemy property when placed in the custody of the Marshal of the Prize Court, unless they are contra band of war shall, if not requisitioned for the use of His Majesty, be restored by order of the Court upon such terms as the Court may in the circumstances deem to be just to the person entitled thereto, and to the statement made by the President of the Prize Court in the "Progresso" case, 1524 on the 30th October, 1916, that he could not help thinking that the words, "or which are enemy property," must have crept into Article 3 by mistake, and that it could not, having regard to the other provisions and the object of the order, have been contemplated that enemy goods should be immediately restored to the person entitled, namely, an enemy person, or that, if sold, the proceeds should be restored immediately to an enemy owner, and also to the fact that His Majesty's Government are not prepared to admit that the words "enemy property" in Article 3 were inserted by mistake, he will say whether the intention of that Article with these words retained therein is, as the President of the Prize Court holds, that by virtue of the mandatory word "shall," enemy goods are to be immediately restored to the person entitled, namely, to an enemy person, or that, if sold, the proceeds shall be restored immediately to an enemy owner!