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NAVAL PRIZE COMMITTEE REPORT.
We have considered the questions referred to us by the Standing Sub-Committee of the Committee of Imperial Defence as to the jurisdiction of the British Prize Courts over enemy merchant ships temporarily detained on the outbreak of hostilities, and the proposals of the Sub-Committee in regard thereto.
In our opinion the proposals of the Sub-Committee are involved in the Convention, No. 6 of The Hague Conventions, relative to the status of enemy merchant ships at the outbreak of hostilities.
Regarding the legal question whether the jurisdiction of the British Prize Courts, as at present constituted, extends to such cases, we find some difficulty in forming a definite opinion. We have no doubt that under the old practice the Prize Court had jurisdiction to condemn, either as prize or as droits of Admiralty, all enemy Inerchant ships seized in British ports at the outbreak of hostilities. We have made a careful search among the old prize cases for any record of the Prize Court having made a decree of mere detention in any such case, but without success. We conclude, therefore, that this Convention really institutes a new practice with regard to such ships, and, though it may well be argued that the effect of the Convention is only to alter the penalty without affecting the jurisdiction, nevertheless we think, in order to remove any doubt which might arise on the subject, that the Naval Prize Bill should make it plain that the jurisdiction of the British Prize Courts does extend to such cases. We have accordingly drafted an amendment to the Bill with that object, in the event of His Majesty's Government wishing the Prize Court to exercise such jurisdiction:-
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For the purposes of this Act the expression 'capture' shall include seizure for the purpose of the detention, requisition, or destruction of any ship or goods which, but for any Convention, would be liable to condemnation, and where any ship or goods have been so seized the Court may make an order for the detention, requisition, or destruction of the ship or goods and for the payment of compensation in respect thereof."
(Signed)
GORELL
H. BERTRAM COX. A. H. DENNIS.
W. GRAHAM GREENE.
C. J. B. HURST.
CHARLES NEISH.
E. S. ROSCOE.
(Signed)
EDWD. H. GIBBON,
Secretary.
December 12, 1910.
PRINTED AT TER FORHGH OFFICH BY J. W. Karrmon.—14/1/1911.
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