CO885-(16-18) — Page 22

25596

No. 199.

(GENERAL.)

COLONIAL OFFICE to LAW OFFICERS.

[Status of small enemy craft in territorial waters of British Colonies and

GENTLEMEN,

Protectorates.]

Downing Street,

7 June, 1916. WITH reference to your report of the 27th May, relative to the status of small enemy craft in the territorial waters of British Colonies and Protectorates, I am directed by Mr. Secretary Bonar Law to say that he would be obliged if you could furnish him with a further exposition of your views with regard to the application to these vessels of Article 3 of Hague Convention No. XI. of 1907.

war.

2. The Secretary of State had already had occasion to consider this question in connexion with a steam launch and three lighters, the property of the Hamburg- Amerika Steamship Company, which were seized in Jamaica on the outbreak of He was advised that these vessels, since they belonged to a large shipping company which employed them in connexion with its business in the Colony, could not be held to be " exclusivement affectés a des services de petite navigation locale' within the meaning of the Third Article of the Convention; moreover, he was advised that it was doubtful whether that Article of the Convention could be held to apply to vessels employed within the jurisdiction of the capturing belligerent. Further support for these conclusions was derived from the decision of the Prize Court at Zanzibar in the case of the lighter "Simba," a printed report of which is enclosed for your information, and from the Japanese cases of the "Michael" and the Alexander" to which reference was made by Sir Samuel Evans in his judgment in the case of the sailing vessel “Berlin."

3. Having regard, however, to the views expressed in paragraph 3 of your report nder reference, Mr. Bonar Law is now in some doubt how far the conclusions referred to in the preceding paragraph can be regarded as valid, and, if so regarded, how far they are applicable to the various vessels particulars of which were given in the statement enclosed in the letter from this Department of the 19th April. In this connexion I am to inform you that, of the firms referred to in the said state- ment, all except the Woermann Linie and the Hamburg-Amerika Linie (which are, of course, large shipping companies) are mercantile firms of varying importance carrying on import and export businesses from the territory in which they are established. Mr. Bonar Law assumes that the lighters alleged to belong to these mercantile firms were used by them for loading and unloading from ocean steamers cargoes in which they were interested, and that the various launches and other small craft owned by them were employed directly or indirectly in the same service.

4. Mr. Bonar Law would be obliged if you would take the preceding para- graphs of this letter into consideration, and would advise him (a) whether, assuming the facts to be as stated in paragraph 3 and in the enclosure to the Colonial Office letter of the 19th April, you consider that any and which of the vessels referred to in the last-mentioned document must be regarded as exempt from capture under Article 3 of Hague Convention No. XI. of 1907; and (b) generally as to the principles to be applied in the interpretation of the said Article.

I am, &c.,

G. GRINDLE.

30821

SIR,

LAW OFFICERS to COLONIAL OFFICE.

Law Officers' Department,

Royal Courts of Justice,

29th June, 1916. WE were honoured with your commands signified in Mr. Grindle's letter of the 7th instant stating that, with reference to our Report of the 27th May last,*

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