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APPENDIX V.
29. The captain, officers, and members of the crew of enemy ships detained for the period of the war, if subjects or citizens of the enemy State, are also not subject to detention if they undertake, on the faith of a written promise in the form in the Appendix (see Appendix IV to this Memorandum and the note at the end of these instructions) not to engage, while hostilities last, in any service connected with the operations of the war. Any such persons who decline to give this undertaking should be handed over to the Naval, Military, or Police authorities as prisoners of war.
30. The names of persons retaining their liberty upon signing an undertaking as specified in the two preceding paragraphs must be at once notified by the Detaining Officer to the Local Government, who will inform the Secretary of State for the Colonies with a view to a communication being made by the Foreign Office to the other belligerent who is precluded by treaty from knowingly employing the said persons during the war.
Procedure if Resistance expected.
31. If the Detaining Officer has reason to suppose that resistance will be offered to the boarding Officer, or that there will be any attempt on the part of a detained enemy or neutral merchant-ship to leave the port without permission, he should at once take measures for her detention in concert with the following authorities :-
(a.) At naval ports with the Senior Naval Officer and the Fortress Commander, or
with officers designated by them;
(b.) At other ports at which there will be a military force in time of war with the Military Officer Commanding or with an officer designated by him, and with the Officer Commanding any squadron or war-ship in the port; (c.) At other ports with the Chief of Police, or with the Officer Commanding any squadron or war-ship in the port, or with the Officer Commanding any Military Forces available in the vicinity, designated by the Local Government. The naval, military, and police officers mentioned in this paragraph are at once to take all possible measures to stop the escaping vessel.
32. Should an enemy or neutral merchant-vessel succeed in effecting her escape, the Collector should at once communicate her name and description to the Local Government, who will, without delay, communicate this information to any naval authority which may be in a position to intercept or capture the escaping vessel.
Procedure when “days of grace
"1
are allowed.
33. If a notice is issued by which the " days of grace" specified in an Order in Council are absolutely allowed, enemy merchant-vessels in British ports at the outbreak of war (not being of the descriptions specified in Article 7 of the draft Order in Council), or which cleared from their last port before the declaration of war and after the outbreak of hostilities enter a port with no knowledge of the war, may be permitted to depart after being provided with a pass indicating the port to which they are to proceed and the route they are to follow. In the event of a vessel being allowed to depart under favour of “days of grace" loaded with stone or similar cargo, precautions must be taken to ensure that she shall not be deliberately sunk for the purpose of obstructing any fairway.
34. The Detaining Officer should, if possible, consult the Naval Commander-in- Chief or Senior Naval Officer on the station regarding the destination and route to be inserted in the passes. This should be done through the Senior Naval Officer at the port, if one is present. If it is found impossible to establish communication with the Commander-in-Chief or Senior Naval Officer vessels should be allowed to proceed to the nearest port of their own nationality, provided that they can do so without passing through the sphere of operations, and when 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 directed to the nearest enemy Colonial port. The Detaining Officer will sign the passes in the terms of the form in Appendix (see Appendix II to the Memorandum and the note at the end of these instructions), and will issue a pass to the master of each vessel.
The masters of vessels to whom passes are issued should be warned that if they touch at any port on the way not mentioned in their pass, or do not conform strictly to the route ordered, they will be liable to capture.
* The particular officer to whom this information is to be sent should be mentioned here.
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