CO885-24 — Page 143

PUBLIC RECORD OFFICE

· Reference :-

TILLICO. 885

اسات سلسسلسلا

24 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRE NOT TO

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WESTERN PACIFIC.

Enclosure 4 in No. 101.

TELEGRAM TO HIS BRITANNIC Majesty's RESIDENT COMMISSIONER, GILBERT AND

ELLICE ISLANDS, 7th August, 1914.

Resident,

Ocean Island, post Sydney.

5TH AUGUST. The following telegram has been received from the Secre tary of State for the Colonies:-

"War has broken out with Government of Germany ";

all possible steps should be taken to protect supplies and for detention of enemy merchant ships and for preventing British ships clearing for enemy ports; letter follows.-ESCOTT.

SIR,

((i) Solomons.)

((ii) Gilbert and Ellice.) (Secret.)

Enclosure 5 in No. 101.

Office of the High Commissioner for the Western Pacific,

Suva, Fiji, 5th August, 1914.

I HAVE the honour to confirm my telegram, bearing to-day's date, notifying you of the outbreak of war with Germany.

2. You should now take such steps as may be practicable to secure the following ends :-

(i) the detention of enemy merchant vessels;

(ii) the prevention of British ships from clearing for enemy ports; and

(iii) the prevention, so far as possible, of coal and other supplies from

falling into the hands of the enemy.

3. An obligation rests on the local authorities in every part of the British Empire to resist, to the best of their ability, the utilization by hostile ships of the resources available locally; for a Colony by yielding the supplies it is incapable of defending will be assisting an enemy to make attacks elsewhere on British vessels or important strategic points.

4. Although, therefore, it is recognized that but slight opposition can be offered in the British islands in the Western Pacific to a determined attempt by an enemy ship to obtain coal or other supplies, it is desirable that, in the more important of these islands, the crews of such a vessel should not be allowed to take these supplies unmolested, and that the small forces available should be used to the best advantage in preventing them from doing so.

5. Again, although it will not be possible for you, with your very limited forces, to enforce the detention of any merchant ships, it must, nevertheless, be borne in mind that a few armed men put on board such a vessel will usually suffice to enforce its detention, and, further, that it does not follow that, because an attempt to put a detaining party on board may fail, there is no use in completing such arrangements as will ensure such an attempt being made.

8.

With regard to the detention of enemy merchant vessels, it should be noted that the following ships are exempt from detention :-

(a) Ships protected by a British pass or licence, or protected 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;

Enemy mail packets while temporarily protected by special Convention: 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) on religious, scientific, or philanthropic missions; (ii) as cartel ships.

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 deten- tion, both when she has on board prisoners to be exchanged and when she is upon

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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 com- munications 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.

7. The ships which, being in a British port, are liable to detention are:----

(a) Any enemy ship, except those specified in paragraph 6 of this letter: (b) Any British ship, or ship of an ally, engaged in trade with, or acting

in the service of, the enemy without a licence;

(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 warnings, to leave a port with contraband of war on board.

8. All ships flying the enemy flag are enemy ships.

master's statements.

9. A ship in a British port is also liable to detention, irrespective of her nationality, if no ship's papers are produced, or if the papers produced are false or simulated or deficient, irregular or inconsistent with each other or with the 10. Unneutral service takes place when a neutral ship 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 is on a voyage undertaken with a view to the transmission of intelligence to the interests of the enemy, or is engaged in trans- porting, with the knowledge of the owner, the charterer, or the master, 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,

11. Postal correspondence on board any ship must not be searched, and, if the ship is detained, the postal correspondence must be forwarded to its destination by the Post Office.

12. A neutral ship is a ship which is not a British, an allied, or an enemy ship. The term "neutral" includes any person, whatever his nationality, who resides and carries on business in neutral territory.

18.

"Contraband" of war is defined in the annexed memoranda.*

14. When a ship is detained such of its crew as are subjects or citizens of a neutral state are not liable to detention.

15. 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 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. Except in cases of necessity, nothing should be taken from a ship so detained.

16. With regard to the measures to be adopted to prevent British ships from clearing for enemy ports, and to prevent supplies from falling into the hands of the enemy, I regret that I cannot offer any suggestions that are likely to be of value to you. I would point out, however, that, in the last resort, you would be justified in setting fire to and destroying any stock of coal which appeared to be on the point of being seized by an enemy vessel which you might be unable to resist. You will remember, however, that a supply of coal might be of use to His Majesty's ships, and no supply should be destroyed, therefore, without adequate reasons.

17. I enclose, for your information, a copy of Fiji Royal Gazette of to-day's date, containing an Order in Council for the granting of Days o

of "Days of Grace."

His Britannic Majesty's Commissioner,

(i) British Solomon Islands Protectorate.

(ii) Gilbert and Ellice Islands Protectorate.

BICKHAM ESCOTT,

High Commissioner.

• Paragraphs 56, 57, 58, 59 and 60 of Appendix II., Part II., Memorandum 446 M.