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CONSIDERATIONS OF GENERAL POLICY.
attack on our main battle fleet. The Naval Commander-in-Chief of the station should therefore invariably be referred to, when possible, so that no arrangement may be come to which may be detrimental to any proposed action on his part against the enemy. This should be done through the Senior Naval Officer at the port, if one is present, as he will know whether it is possible or not to communicate with the Commander-in-Chief.
16. In the event of the local authorities having to act for themselves, without naval advice, the general principle should be followed that vessels should be allowed to proceed to the nearest port of their own nationality, provided they can do so without passing through waters in the sphere of operations, or where British war-ships are likely to be met with; failing this, they should be directed to proceed to a convenient neutral port. Enemy vessels of European nationality at ports east of the Suez Canal should, if possible, be permitted to proceed to the nearest enemy Colonial port. In all cases vessels should be compelled to proceed by a route to be stated on their pass. If they touch at any port on the way not mentioned on the pass, or do not conforin strictly to the route ordered, they should be liable to capture.
17. It is recommended that passes should be issued on the form attached to this Memorandum (Appendix II), and that they should be signed by the officers detailed by the Governments of the Dominions for detaining ships at the various ports.
(B.)--Treatment of Enemy Vessels arriving at a British Port subsequent to, but in ignorance of, the Outbreak of War.
Convention
18. The second paragraph of Article 1 of the " Days of Grace " (quoted in paragraph 5) lays down that ships which have left their last port of departure before the commencement of the war and have entered a port belonging to the enemy while still ignorant that hostilities had broken out, shall be dealt with in accordance with the same principle that governs the treatment of vessels found in port at the outbreak of hostilities. The principle is that enemy ships ignorant of the existence of a state of war shall be allowed freely to depart. Liberty to load or unload cargo is not a necessary or even essential feature of the treatment declared in the Convention to be desirable. Vessels entering a port under the conditions now in question should, as a general rule, be allowed the unexpired portion of the period of ten days' grace, originally granted to enemy merchant-vessels in port, within which to depart.
19. The case may arise of enemy vessels in ignorance of the outbreak of war arriving at a British port after the expiration of the period of grace allowed to vessels in port. In fixing the period of grace at a maximum of ten days, the Committee of Imperial Defence had in view the inconvenience necessarily arising from any prolonged presence of enemy vessels in British ports at the very moment when naval and military preparations are being actively pursued. From this point of view there would be grave objection to allowing a further extension of that period in favour of vessels in the condition referred to. The obligation under the Convention would be fully met if they were allowed to depart freely with a pass. It should be left to the discretion of the authorities to decide in each case whether the vessels should or should not be permitted to enter the port. It will, however, be of obvious importance to prevent any enemy vessel leaving with contraband on board. Moreover, it may be desirable in some cases to facilitate the delivery to British consignees of any important cargo documented to them. It may further be to the national interest to exercise the right (which is recognised in the Convention) of requisitioning, on payment of compensation, any food-stuffs or other commodities, being enemy cargo, that may be needed for the use of the community. Provision is made for giving effect to the above recommendations in Article 5 of the draft Order-in Council. (Appendix 1.)
(C.)—Enemy Merchant-ships at Sea on the Outbreak of War.*
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20. In accordance with Article 3 of the "Days of Grace Convention (Appendix VHI), enemy ships encountered at sea before they are aware of the outbreak of war may not be confiscated. Their capture, however, is not prohibited.
* Note.—This section only interests these Dominions which maintain naval forces.
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