Opinion Number. 667

Subject

WAR PRECAUTIONS
CIRCUMSTANCES IN WHICH PERSONS MAY BE PREVENTED FROM LEAVING COMMONWEALTH: DETENTION ON SUSPICION IN WARTIME

Key Legislation

WAR PRECAUTIONS REGULATIONS 1915, reg. 24

Date
Client
The Naval Secretary

In my opinion, the military authorities have full power, on suspicion, to prevent any person from leaving the Commonwealth if they have any reason at all for suspecting that he is-or for thinking that he may be-intending to communicate with the enemy; see War Precautions Regulations, regulation 24.

I do not think that the fact that a person so detained might subsequently establish his nationality as a subject of an allied power-or prove that there was no ground for the suspicion actually entertained-would cause any complications.

The national safety makes it necessary sometimes, in time of war, to detain on mere suspicion; and the competent authorities must be the judge of whether sufficient ground exists.

[Vol. 14, p. 129]