Item 03 : General William Holmes Papers regarding capitulation, September-October 1914 - Page 154

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(8)  "As the Administration of the Colony during the Military Occupation will be conducted by the British Military Commander, all monies and properties of the late Administration are to be handed over to the said Colonel Holmes, Brigadier Commanding."

The wisdom of this provision is self evident and calls for no remark.  (Sec. 369 Chap. XIV Manual of Military Law.)

(9)  "During the said Military Occupation the local Laws and Customs will remain in force, so far as is consistent with the Military situation."

This is in accordance with Sections 364 and 366, Chapter XIV Manual of Military Law.

(10)  "As it is intended that the administration shall be carried on under the control of British Officers, subject to the succeeding paragraph, such only of the Civil Officials of the late German Administration as it may be considered necessary to retain in an advisory capacity, will be continued in their offices.  Officials so retained will be required to take the oath of neutrality and their former salaries will be continued.  Officials not so required, and those who refuse to take the said oath, will be deported to Australia, but will have no obstacle placed in the way of their returning thence to Germany as soon as is possible."

It must be remembered that my instructions were not to annex territory, but to enter into Military Occupation until end of War. 

Therefore, in accordance with "The Laws and Usages of War (Chapter XIV Manual of Military Law) the Colony is still a German Possession and the Inhabitants remain the subjects of their Sovereign and continue to have patriotic duties to their Country, and the Civil and Penal Laws and Customs continue valid.  It is further expressly laid down that important changes in existing Laws should seldom be necessary and should as far as possible be avoided (section 366, Chapter XIV Manual of Military Law). 

Now the German Laws and Customs in this Colony are very complex and unique, particularly those relating to the large native population.  The rules and regulations in respect to Finance and Customs also are different to anything I had been accustomed to in Australia, and moreover all entries and records were, of course, in the German language, and competent interpreters were not available.  I, therefore, determined to avail myself of the services of certain Officials in an advisory capacity for a period of 3 months, and entered into agreements accordingly, promising to continue the payment of their former salaries.  In this matter I submit I acted strictly in accordance with the "Laws and Usages of War" - see sections 393 - 404 Chapter XIV Manual of Military Law.

The period for which these Officials were engaged expired on 12th instant, and as my Officers have obtained all the information they required to enable them to carry on, the services of the German Officials have been dispensed with and they will be deported to Australia.

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