Who is an "Enemy
p. 58 · Read in the full issue
Alien"?
Term Defined by N. Guinea Judge
From Our Own Correspondent RABAUL, October 6 THE “trading with the enemy” clause contained in the Defence Regula tions were defined by the Chief Judge (Mr. Justice Phillips) on September 28, when His Honour granted a storekeeper’s liquor license to Mr. G. Furter, a Ger man national carrying on business in Ra baul as a general merchant, and who is registered under the aliens restriction regulations.
Judge Phillips, after a comprehensive review of the Ordinances and Regula tions, as well as the points of common law, said that subjects of the hostile country who, after the outbreak of war, were residing, or carrying on business or were found in British territory, were “alien enemies”, except insofar as they had the license, express or implied, of the Crown to remain, reside, trade or come into British territory. He said that when a person had registered under aliens restriction regulations, that registration amounts “at least to a license to that person to remain” in British territory, and even “amounts to a command that he shall not depart from such territory without speacial leave for the purpose”.
In short, said His Honour, enemy sub jects who are permitted, expressly or im pliedly, by the Crown, to remain here, whether under restrictions such as cur few restrictions or not, and whether in terned or not, are considered at common law to be here under the protection of the King, and, as a consequence of be ing under the protection of the King, they must not abuse the King’s protec tion and must obey the law of the land.
Thus, like the King’s own liege sub jects, they are equally forbidden to trade with the enemy.
In conclusion. His Honour said that it was clear that Mr. Furter was a Ger man subject who had registered under the Defence National Security (Aliens Control) Regulations, and who, therefore, was now in this Territory by what amounted to the license of the executive authority, and was in this Territory un der the protection of the King. In short, he was not a person with whom trading is forbidden to British subjects. “There is. therefore, no reason, in my opinion, why his application for renewal of his storekeeper’s license should not be granted, and the same is hereby grant ed”.