CAB38-17 — Page 100

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DRAFT INSTRUCtions to Detaining OfficERS.

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11. A report showing the names, tonnage, and speed of all vessels detained is at once to be made to the Local Government* for transmission to the Naval Com- mander-in-Chief through the Senior Naval Officer, if one is present, and to the Secretary of the Admiralty, Whitehall, S. W., and special attention should be drawn to any vessels of the categories alluded to in Article 7 of the draft Order in Council.

12. All enemy merchant-ships (except those exempt from detention as provided in Article 47) are to be detained in port until authority is received to allow Articles 4 to 8 of the draft Order in Council to come into full force and effect. During the period of their detention, and prior to the decision as to whether these Articles are to come into force, enemy merchant-vessels may be granted permission to discharge cargo or load cargo (other than contraband of war or goods which, if on board, would be subject to requisition as mentioned in paragraph 37) unless these operations would facilitate their escape. The master of the vessel and the owners of the cargo should be given clearly to understand, however, that the cargo is shipped at their own risk; that no guarantee can be given that the vessel will be permitted to depart; and that in the event of her departure being permitted under privilege of "days of grace" she will only be allowed to sail by a specified route to a specified port, and will not be permitted to call at any other port.

13. There may also be a temporary detention of all vessels in a port if circumstances exist which in the opinion of the Local Government render the detention desirable. On the receipt of instructions from the Local Government the Detaining Officer at any port will take the necessary steps to prevent any ship leaving his port during the period to which the request applies. If this right of temporary detention is exercised against the vessels of an allied or neutral State, the Detaining Officer should at once report full particulars to the Local Government, who will notify the Secretary of State for the Colonies, in order that the necessary diplomatic steps may be taken by the Foreign Office.

14. Any neutral ship found within territorial waters on the outbreak of war should receive a warning not to ship contraband, or to unship it if on board, and the masters of all foreign merchant-ships should be warned of the liability to capture and condem- nation by a Prize Court of any neutral vessel for any offence coming under the head of unneutral service, and that they should therefore exercise great caution to prevent any suspicion attaching to their ships in this respect.

15. When the representatives of the Detaining Officer are boarding enemy or neutral merchant-ships a supporting force, the strength of which should be decided by the authority providing the force, should be present. This supporting force should be furnished by the military authorities at ports at which there will be a military force in time of war.

At all other ports the supporting force should be furnished by the police.

16. It is probable that enemy passenger and merchant-vessels whose detention is desirable and neutral merchant-vessels with contraband on board will endeavour to escape from a port on the first receipt of news that war has broken out.

17. At defended ports the Officer Commanding the Coast Defences will be responsible that, after the defences are manned, no ship leaves the port without the sanction of the Detaining Officer. In order to assist the Officer Commanding Coast Defences the Detaining Officer is to select carefully a suitable officer and dispatch him to some prearranged rendezvous (either on shore or afloat). It will be the duty of this officer to indicate to an officer designated by the Officer Commanding Coast Defences the vessels that have permission to leave the port, and any vessel which ought to be detained. This officer should remain on duty until the measures for detaining vessels have been completed, and he is recalled by the Detaining Officer.

In cases where a single channel gives access to a number of ports (e.g., the River St. Lawrence or Port Phillip) it may not be necessary for the Detaining Officer at each port to send an officer to assist the Officer Commanding Coast Defences. selected officer, with knowledge of the traffic frequenting the entrance channel, will A carefully probably suffice for all the ports. In the event of a vessel attempting to escape, the Detaining Officer should communicate at once with the officer designated by the Officer Commanding Coast Defences. Arrangements for rapid communication should be concerted in time of peace.

* The particular officer to whom this information is to be sent should be mentioned here. [294]

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