Upon the cessation of hostilities at Rabaul, German New Guinea, Colonel Holmes, the Brigadier in command of the Expeditionary Force, issued a proclamation proclaiming the military occupation of 'the Island of New Britain and the Dependencies.'

Mr Stuart Cameron, a Brisbane Solicitor, who was a member of the Expeditionary Force, has raised the question whether the proclamation is effective, in that the Island of New Britain is only one of the German possessions in the Pacific, and the Island had no dependencies.

The matter was referred to Major Seaforth Mackenzie, the Deputy Judge Advocate General at Rabaul, who advised that the present title to the possessions depended, not upon the proclamation issued, but upon the fact of actual and effective military occupation.

The Secretary, Department of Defence, has forwarded the papers for advice on the question raised and as to the necessity for an amended proclamation.

From the papers forwarded to me it appears that the Naval and Military Forces of the Commonwealth have not only occupied Rabaul, the administrative headquarters of the possessions, but have also occupied all the other parts of the possessions previously occupied by the German authorities.

I agree with Major Mackenzie that it is by actual and effective military occupation that the title to the possessions is obtained and not by the publishing of the proclamation. That is merely the publication of the acquisition of title to the possessions.

In my opinion, the proclamation is only of minor importance in the question of the title to the possession, provided that the possessions are actually and effectively in the military occupation of the Forces of the Commonwealth.

With regard to the desirability of the issue of an amended proclamation, in view of the intended grant of a Commission to Colonel Pethebridge to administer the affairs of the whole of these possessions as from 8 January last, I think that the publication of that Commission in the possessions would do away with the necessity of publishing another proclamation.

[Vol. 13, p. 467]