Opinion Number. 577

Subject

GERMAN NEW GUINEA
TERMS OF GERMAN SURRENDER: EXTENT OF FORMER GOVERNOR'S PAROLE: PROPOSED EXCHANGE WITH PAROLE GIVEN BY BRITISH OFFICER

Date
Client
The Secretary, Department of Defence

In regard to Herr Haber's letter of October 25th, the terms in which his parole is given give rise to some difficulties of interpretation. If he were a military officer, they would probably mean no more than that he was not to serve in a military capacity, whether actively in the field or in any other military employment. In Herr Haber's case, they would no doubt include this, and would extend to any civil employment which has any such relation to the war as that which he recently held. It would not, however, debar him from all political or diplomatic service to his Government during the continuance of the war, merely because service to a belligerent Government in any capacity is an assistance to it during the war. Between these extremes, there is much doubtful ground, as Herr Haber evidently realises.

The exchange of parole which Herr Haber suggests is apparently the mutual cancellation of his parole and General Wylde's.(1) In regard to this proposal it appears to be a fatal objection that Herr Haber is a prisoner of war and is no longer competent, since the surrender of his authority, to bind his Government by accepting a surrender of General Wylde's parole.(2)

[Vol.13, p. 126]

(1) Lieut.Gen.Edward andree wylde,Royal Marines.it is recorded in the German new Guinea Gazette(Amtsblatt for das Schutzgebiet Deutsch-Neuguinea) of 15 July 1914,No. 14,p.262,that Lieut.Gen. and Mrs E.A. Wylde arrived in Rabul form hong kong on 29 June 1914.purpose pf his visite has not been ascertained.

(2)In forwarding this opinion Mr Garran,Secretry,Attorney-General's Department,stated that is was 'councurred in by this Department'.Mr Garran added[Vol.13,p.125]:

'A further question may arise whether the parole given by Lieutenant-General wyled,as a prisoner of war in german New Guinea,wa not put an end to by the capture of the colony.this question might perphase be referred to the admiralty for consideration.But if it is considered that the parole is binding "during the present war",not withstanding the capture of german New Guinea,it seems to me that herr no logner has authority to discharge the pepole'.

See Preface.