The Secretary, Prime Minister's Department, has forwarded me the following memorandum for advice:

With reference to your two opinions of 10 August⁽¹⁾, as to what are proper charges against the proceeds of expropriation, I beg to inform you that copies have been sent to the Secretary to the Treasury, and that he has replied, pointing out that the opinion given by you regarding the cost of deportation of a German was in a case in which it was proposed to recover from the expropriated property of another person.

The Secretary to the Treasury is not clear that the opinion would cover a case in which the cost of deportation will be deducted from the expropriated property of the person deported.

Will you please advise whether, in such a case, the cost of deportation of a German can be charged to the proceeds of expropriation of his property.

In my opinion the fact that a German national, whose property has been expropriated, is deported, does not warrant the expropriated property being charged

with the cost of deportation so as to affect the final balance with which Germany is to be credited under Article 243.

[Vol. 18, p. 49]

(1)Opinion No. 1115 and another [Vol. 17, p. 485] not published.