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

With reference to your opinion, dated 25 October⁽¹⁾, on the subject of charging the costs of repatriation of German nationals from the Territory of New Guinea to proceeds of expropriated property, I desire to inform you that the Chairman of the Expropriation Board has pointed out that, in connection with the payment of passage money to Germany, in the majority of cases of employees of prescribed German companies, the employee has already received from the company a sum of money in settlement of such company's obligations under the employment contract to provide the employee with a passage back to Germany upon the termination of his agreement.

I should be glad of your advice as to whether in such circumstances the cost of passage to Germany is properly chargeable to the assets of the German national concerned.

If the passage money was in the hands of the German national on 10 January 1920, it is covered by subsequent expropriation and the cost of repatriation must be borne by the Government and is not chargeable to expropriation funds.

If the passage money was paid to the national after that date, it is, of course, not expropriable.

In such last-mentioned cases, it is suggested that the national be required to apply the money for the purpose for which he received it. If, however, he places the Administration in the position of having compulsorily to repatriate him, I do not think that he can be forced to defray his expenses out of the money in question.

In such cases, also, if the employer is prescribed, it would appear that he has paid away money subject to retention under the Treaty and may be called to account therefor.

In none of the circumstances mentioned can the cost of repatriation be charged to expropriation funds.

[Vol. 18, p. 167]

(1)Opinion No. 1151.