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The Sub-Committee considered that, while the terms of Article 1 of The Hague Convention of 1907 imposed no obligation in this matter, they created a presumption in favour of the grant of "days of grace as a general rule unless the belligerent interests of the United Kingdom would be detrimentally affected thereby. They were, however, strongly of opinion that "days of grace" should only be given on condition of reciprocity, and one of the most difficult questions that confronted them was to determine the best method of ensuring that reciprocity should really be obtained. It was evident that, if a proclamation granting" days of grace were issued and the enemy failed to respond by a corresponding proclamation, we could not revert to the previous situation by cancelling our proclamation, for in the meantime the enemy ships would have left our ports. It was therefore necessary that, on the outbreak of war, all enemy merchant-ships in British ports should be provisionally detained for a period, which the Sub-Committee had fixed at three days. At the same time an Order in Council should be issued providing that, if before the expiration of that period the enemy announced reciprocal measures, the vessels under detention would be released on certain conditions, and with certain exceptions, and a further period of grace," fixed at seven days, would be granted. The ships which would be excepted were those whose build showed that they were intended for conversion into ships of war, those with a tonnage exceeding 5,000 tons gross, and those whose speed exceeded 14 knots, oil-fuel vessels, and cable-ships. Although in the case of Russia and Germany, who declined to be bound by Article 3 of the Convention referred to, there was no moral obligation to accord the same treatment, the Sub-Committee had unanimously arrived at the conclusion that our interests would not be served by our adopting a different policy towards them.
The Sub-Committee had recommended analogous treatment for enemy ships which arrived at British ports after, but ignorant of, the outbreak of war. If such ships arrived within the period of seven days, they would be allowed the unexpired portion of that period; if they arrived after that date, they would be required to leave at once.
Recommendations had been made as to the exercise of the right of temporarily detaining neutral vessels, known as the "droit de prince," and as to certain diversions of cross-channel services which naval considerations might make necessary. In addition to laying down principles, the report made detailed recommendations as to the action. to be taken by various departments to give effect to the policy indicated, and a draft Order in Council was appended.
SIR EDWARD GREY expressed the concurrence of the Foreign Oflice in the Report.
THE PRIME MINISTER said that copies should be given to the representatives of the Dominions so that it might be possible to discuss the subject at the Committee of Imperial Defence during the forthcoming Imperial Conference. A copy should also be sent to the Government of India.
The last paragraph of the Report raised the very important subject of trading with the enemy which ought certainly to be considered. The matter should therefore be examined into by the Standing Sub-Committee, with Lord Desart as Chairman, and representatives of the Departments concerned.
SIR E. GREY said that the same Sub-Committee might also conveniently investigaté two cognate subjects, namely:-
(1.) The extent to which an alien enemy should be allowed to take or defend proceedings in the Law Courts, and the bearing upon this question of Article 23 (h) of the Convention of 1907 relating to the laws and customs of war on land.
(2.) The extent to which persons of neutral nationality domiciled within the area. of belligerent operations are to be treated on the same footing as subjects or citizens of that country.
This was agreed to.
(Conclusion)
The Committee approve the Report (C.I.D. Paper 120-B) of the Standing Sub- Committee regarding the treatment of neutral and enemy merchant-ships in time of
war.
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