2
Sir Edward Grey presumes that if it is eventually decided to take steps in this direction the Bill for that purpose would, as in 1870, be introduced by His Majesty's Attorney-General.
I am accordingly to request that you will be good enough to take these papers into your consideration and to favour Sir Edward Grey, at your early convenience, with your opinion as to the desirability of amending section 8 (4) of "The Foreign Enlistment Act, 1870," with a view to meet the recommendations of the Inter- Departmental Committee, and at the same time to favour him with any general observations you may think well to offer on the subject.
I have, &c.,
F. A. CAMPBELL.
ARTICLE 8.
3
Annex.
Un Gouvernement neutre est tena d'user des moyens dont il dispose pour empêcher dans sa juridiction l'équipement ou l'armement de tout navire qu'il a des motifs raisonnables de croire destiné à croiser ou à concourir à des opérations hostiles contre une Puissance avec laquelle il est en paix. Il est aussi tenu d'user de la même surveillance pour empêcher le départ hors de sa juridiction de tout navire destiné à croiser ou à concourir à des opérations hostiles, et qui aurait été, dans la dite juridiction, adapté en tout ou en partie à des usages de guerre.
ARTICLE 8.
A neutral Government is bound to employ the means at its disposal to prevent the fitting out or arming of any vessel within its jurisdiction which it has reason to believe is intended to cruise, or engage in hostile operations, against a Power with which that Government is at peace. It is also bound to display the same vigilance to prevent the departure from its jurisdiction of any vessel intended to cruiso or engage in hostile operations which has been adapted entirely or partly within the said jurisdiction for uso in war.
List of Papers.
(A.) Blue Book "Miscellaneous, No. 6 (1908)." [Library No. 4464.]
(B.) Report of the 28th May of Inter-Departmental Committee.
(C.) Report of the 5th January, 1909, of Inter-Departmental Committee.
(D.) "Foreign Enlistment Act, 1870." (33 and 34 Vic. cap. 90) [Library No. 58].
Report.
We are of opinion that section 8, sub-section 4, of "The Foreign Enlistment Act, 1870," imposes a wider obligation on British subjects than the obligation defined in Article 8 of The Hague Convention respecting the rights and duties of neutral Powers in maritime war. That Article prohibits the departure from the jurisdiction concerned of such vessels, and of such vessels only, as have been adapted wholly or partly within any the jurisdiction for use in war; whereas the sub-section prohibits the dispatch of vessels whatever with the intent or knowledge that the same may be employed in the It seems desirable that the sub-section military or naval service of a belligerent. should be amended so as to accord with the Convention.
Generally, We observe that the Inter-Departmental Committee founded their recommendation as to the amendment of sub-section 4 of section 8 of the Foreign Enlistment Act on the desirability of enabling British shipping to share in the remunerative employment by a belligerent that is open to the mercantile marine of other nations. If full effect is to be given to this consideration, section 8 of the Foreign Enlistment Act should be repealed and recast in a form which goes no further than Article 8 of the Convention. At present sub-section 1 of the section (prohibiting the building of any ship for military or naval use by a belligerent) goes beyond the We think also, that Convention, which does not deal with the case of building at all. on a fair construction of the Article, it does not go so far as sub-section 3 of the section. That sub-section forbids the equipment of any vessel for use in the military or naval service of a belligerent; and "equipment" is defined in section 30 of the Act to include the furnishing of a ship with any stores or anything for the purpose of aslapting her for sea, whereas the word "equipment" in the Convention appears to be There is no express limited to the equipment of a vessel for military purposes.
fitting out" in the definition or interpretation of the word "l'équipement Convention, but as the prohibition against the departure of the vessel is limited to such vessels only as have been wholly or partly adapted for use in war, we think that the words "fitting out" must mean fitting out for use in war, or the prohibition of departure would apply to some and not all the offending vessels.
Law Officers' Department,
or
R
W. S. ROBSON. S. T. EVANS.
March 4, 1909.
PUBLIC RECORD OFFICE
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