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* APPENDIX V.
(c.) Any neutral ship which is herself contraband of war, or is engaged in rendering unneutral service, or which after due warning not to ship contraband, or not to leave without unshipping contraband (if already on board), attempts notwithstanding such warning to leave a port with contraband of war on board.
44. All ships flying the enemy flag are enemy ships, and any ship may be treated as an enemy ship—
(a.) If she is under the orders or control of an agent placed on board by the
enemy Government; or
(b.) If she is in the exclusive employment of the enemy Government.
45. A ship in a British port is also liable to detention irrespectively of her national character, or the trade in which she is ostensibly engaged, if no ship's papers are produced, or if the papers produced are-
(a.) False, or simulated, or
(b.) Deficient, irregular, or inconsistent with each other, or with the statements of
the master.
In the absence of evidence to show that they are false, the papers of a ship carrying conditional contraband (see Article 54) should be accepted as proof of the voyage on which she is engaged, and of the port or ports of discharge of her cargo.
Unneutral Service.
46. A neutral ship in a British port should be detained-
(a.) If she is on a voyage specially undertaken with a view to the transport of individual passengers who are embodied in the armed forces of the enemy, or with a view to the transmission of intelligence in the interest of the enemy; (b.) If, to the knowledge of either the owner, the charterer, or the master she is transporting a military detachment of the enemy, or one or more persons, who, in the course of the voyage, will directly assist the operations of the
enemy.
Ships exempt from Detention.
47. The following ships are exempted from detention
(a.) Ships protected by a British pass or licence, or under the general provisions of an Order of His Majesty in Council, and while acting in accordance therewith.
(b.) Hospital ships and other ships, as provided by the Convention of the 18th October, 1907, for the adaptation of the principles of the Geneva Convention to maritime war.
(e) Enemy mail packets, while temporarily protected by special Convention. (d.) Enemy vessels employed exclusively in coast fisheries or small boats employed in local trade, provided that they take no part whatever in hostilities.
(e.) Enemy ships, while exclusively engaged :--
(i) Ou religious, scientific, or philanthropic missions ;
(ii). As cartel ships.
Note.-A cartel ship is a ship engaged in the exchange of prisoners, or in carrying official communications to an enemy of her own country. She is protected from detention, both when she has on board prisoners to be exchanged and when she is upon a voyage to fetch prisoners of her own country, or is returning with or without prisoners of her own country, from handing over those belonging to the enemy of her country, and when she is carrying or returning from having delivered official communications to the enemy of her country. But her exemption from detention is lost if she is acting as a transport between places within the territory of her own State, or is carrying merchandise or passengers for hire, or passengers other than such prisoners as are above mentioned, or other than the bearer of such communications as are above mentioned, or if she is in a condition to exercise hostilities, or if fraudulent use is made of her to obtain information.
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