5

PL—25

to follow the practice of the Imperial Government in connection with the payment of amounts in similar cases in the United Kinghom. 22. In a despatch dated 30th October, 1920, the Secretary of State for the Colonies advised that the British Government had decided to release the moneys under their control belonging to repatriated German and Austrian prisoners of war and interned civilians which were retained at, the time of their repatriation, provided that those countries carried out their obligations in regard to the payment of amounts belonging to or earned by British, prisoners of war. Release of Amounts due to Repatriated German Subjects. 23. Information was received by the High Commissioner from the Foreign Office that it had been decided to release money for the benefit of the individual German subjects to whom it was due. As it was understood by His Majesty's Government that the German Government had already paid the sums in question to their nationals, it was arranged to make the payments through the German Government on receipt of a definite statement that the sums had actually been paid by the German Government free of any deduction to the prisoners concerned. The High Commissioner for New Zealand has made similar arrangements for the payment of. the amounts due to the German subjects who were repatriated from New Zealand Release of Amounts due to Repatriated Austrian Subjects. 24. The Secretary to the Department for the Administration of Austrian Property (London, has informed the High Commissioner that in the opinion of that Department there is no reason why the amounts held on account of Austrian subjects repatriated from New Zealand should not be released as desired by the New Zealand Government. Consequently similar arrangements to those outlined above in connection with the repatriated German subjects have been made for the payment of the sums due to the Austrian nationals through the Austrian Ambassador at London. Release of Amounts due to Repatriated Dalmatians. 25. In connection with the amounts belonging to the Dalmatians who were repatriated from New Zealand the High Commissioner for New Zealand is in communication with the Secretary to the Legation of the Kingdom of the Serbs, Croats, and Slovenes to ascertain whether arrangements can be made for such amounts to be paid through the Serb, Croat, and Slovene Government. The Secretary to the Legation has requested his Government to furnish the original receipts, together with translations duly legalized by the Home Office or by the British Consul at, Zagreb, and on receipt of those documents payment of the amounts will be made to the London Legation. Rights of Allied and Associated Powers to retain and liquidate Enemy Property. 26. Under the provisions of paragraph (b) of Article 297 of the Treaty of Versailles the Allied and Associated Powers have reserved the right (subject to any contrary stipulations in the Treaty) to retain and liquidate all property, rights, and interests belonging at the date of the coming into force of the Treaty to German nationals or companies controlled by them within their territories, colonies, possessions, and protectorates, including territories ceded to them by the Treaty. In regard to the properties belonging to the subjects of Austria, Hungary, Bulgaria, and Turkey, similar provisions are contained in the undermentioned Treaties of Peace : — (a.) Austria—Article 249 (b), Treaty of St. Gcrmain-en-Laye. (&.) Hungary--Article 232 (6), Treaty of Trianon. (c.) Bulgaria—Article 117 (b), Treaty of Neuilly-sur-Scine. (d.) Turkey—Article 289, Treaty of Sevres. 27. The term " national " as used in the articles of the various Peace Treaties referred to above does not imply a residential qualification, and consequently the expression " German national " is regarded as including any person of German nationality, whether resident in Germany or in an Allied or neutral country. A similar meaning is attached to the term " national " used in regard to the subjects of Austria, Hungary, Bulgaria, and Turkey. Retention and Liquidation of Enemy Property in New Zealand. 28. The necessary provisions for exercising in New Zealand the powers of retention and liquidation referred to in the preceding paragraph are contained in Part II of the Treaty of Peace Order, 1920, which was made under the authority of the War Regulations Amendment Act, 1916, and the Treaties of Peace Act, 1920. Under paragraphs 27 to 30 inclusive of this Order all moneys in the hands of the Public Trustee as Custodian of Enemy Property, or thereafter coming into the hands of the Public Trustee in pursuance of the War Regulations, are declared to be, vested in the Public Trustee in trust for His Majesty. It is provided in paragraph 32 that all moneys and properties declared under the foregoing provisions to be vested in the Public Trustee in trust for His Majesty are to be retained and liquidated, in accordance with the provisions of the Treaty. In addition to the powers relating to the liquidation of enemy property conferred under the various War Regulations, and continued in force by the War Regulations Continuance Act, 1920, it is provided in paragraph 33 of the Treaty of Peace Order, 1920 (as amended by the Treaty of Peace Amendment Order, 1922), that when the AttorneyGeneral is satisfied that an enemy, or any person claiming through an enemy, was at the date of the coming into force of the Treaty of Peace with the State of which such enemy was a subject beneficially entitled to any estate, right, title, or interest in any property held in New Zealand, the Attorney-