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4.
DRAFT INSTRUCTIONS TO DETAINING OFFICERS.
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24. The examination of the papers should therefore be directed to the point whether there is anything to indicate that the transfer is not valid, as having been made for the specific purpose of escaping the risk of capture as an enemy ship, and particularly as to whether it may be presumed from the documents-
(a.) That the alleged transfer was genuine, and not merely colourable, and was absolute, without any reservation of profits or control over the ship, and without any power of revocation or condition for her restoration after the close of the war ;
(b.) That possession has been taken by the British, allied, or neutral subject to whom it is alleged that the ship was transferred, or by some agent of his, not being an enemy;
(c.) That the ship is not under the control of an enemy; and
(d.) That her master, or other person in command, is not in the service of the
enemy.
If these presumptions cannot reasonably be drawn, or if there is evidence pointing to the fact that the transfer has been made in order to escape the risk of capture as an enemy ship, the ship should be detained.
25. In order to justify the detention of a ship for breach of blockade, knowledge by the ship of the existence of the blockade is necessary. The existence of a blockade of any port or place is presumed to be known to all ships which sailed from or touched at a British port after the notification to the local authorities of the blockade of such port or place, and after the publication at the British port of the declaration of the blockade. Any Detaining Officer, therefore, who receives a notification of the blockade of any port or place must take care that immediately thereafter a notification of the blockade is duly published, and that the masters of all ships leaving the port are notified of the blockade by the delivery of a warning in the form in the Appendix. (Appendix VI to this Memorandum.)
Procedure on Detention.
26. When a ship is to be detained the master should be so informed, and the following steps are to be taken to prevent the departure of the vessel until permission has been given :-
(a.) At ports where there are inner basins entered through gates and the detained ships are berthed therein, the persons in charge of the gates should be cautioned against permitting their departure;
(b.) In cases where the detained ships are not within the gates, and arrangements cannot be made to remove them within the gates, an armed guard should, when necessary, be placed on board ;
(c.) In cases of necessity some indispensable portion of machinery may be
removed, so as to render escape impossible.
(The arrangements for providing technical assistance in this matter should be inserted here.*)
On taking possession of a ship, not only the ship's papers, but all papers of whatever description, which may be either delivered up or found on board, should be secured, and strict precautions should be taken for the preservation of her cargo and for the prevention of any irregularity. When the ship is allowed to depart, copies of the ship's papers should be taken, the originals being returned.
27. Except in cases of necessity, nothing should be removed from a ship so detained until she has been handed over to the proper authorities for purposes of adjudication.
Officers and Crew of Ships detained.
28. When an enemy merchant-ship is detained, such of its crew as are subjects or citizens of a neutral State are not subject to detention. The same principle applies in the case of the captain and officers, likewise subjects or citizens of a neutral State, if they give an undertaking in writing in the form in the Appendix (see Appendix III to this Memorandum and the note at the end of these instructions) not to serve on an enemy ship while the war lasts.
* At ports in the United Kingdom arrangements have been made for utilising the services of the Engineer Surveyors of the Board of Trade for this purpose.
£
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