CAB38-17 — Page 101

National Archives 英國國家檔案館 All

Page 101

Page 101

16

APPENDIX V.

18. At undefended ports the most effective arrangements that the circumstances will permit must be made by the Detaining Officer to prevent vessels from escaping at this period. For this purpose he should communicate with the Chief of the Police. If military support is required in addition, application should be made to the Military Officer selected by the Local Government. At both defended and undefended ports any of His Majesty's ships present will be prepared to assist in stopping an escaping vessel if informed and in a position to do so.

Suspected Ships.

19. In any case of suspicion that a ship flying a neutral flag is to be treated as an enemy ship, questions should be asked of the master as to the existence of any licence or pass from the enemy, or as to the presence on board of any persons not accounted for in the official list of the crew, or as to the mention in the list of any supercargoes or other persons who might have been appointed by the enemy Government, or as to the existence of any contract which places the ship at the disposal of the enemy Government. Regard should also be had to the voyage, orders, and destination of the ship, the course she has followed, the duration of her visits to ports at which she has touched, the whereabouts of the enemy flects, and the probability of belligerent operations in the area to which the ship's course appears to be directed. The Detaining Officer should also take steps to ascertain whether the ship has recently been transferred from the enemy to a neutral flag, and, if so, whether she may still be treated as an enemy ship

20. In any case of suspicion that a neutral ship is about to leave a port with contraband on board for the use of the enemy the ship's papers relating to the cargo should be carefully examined, and if necessary questions should be asked of the master, with a view to ascertain whether there are articles on board of the nature of absolute contraband, and, if so, whether their destination is, or may be presumed to be, territory belonging to or occupied by the enemy or the fleets or armies of the enemy. If, by the answers to these questions, the Detaining Officer is satisfied that there is no absolute contraband on board, further enquiries should be made as to the destination of the ship, and if it appears that in the course of her voyage the ship is to visit an enemy port, or to meet the fleets or armies of the enemy, it should be ascertained whether there is any cargo on board of the nature of conditional contraband, and, if so, whether it is, or may be presumed to be, destined for the armed forces of the enemy, or for a Government department of the enemy State established in territory where belligerent operations are in progress, or are reasonably likely to take place.

Enemy Ships transferred to another Flag.

21. If it appear that a ship was shortly before, or has been at any time since. the outbreak of war an enemy ship, and it be alleged by her master or other person in command that she has been transferred to a British, allied, or neutral subject, the following documents should be carefully examined :—

(a) The bill of sale;

(b.) Her British, allied, or neutral certificate of registration, if any; and (e) Her other ship's papers,

22. The transfer of an enemy ship to a neutral flag effected before the outbreak of hostilities is valid, unless it is proved that the transfer was made in order to escape the risk of capture as an enemy ship, and such a transfer effected after the outbreak of hostilities is void, unless it is proved that the transfer was not made in order to escape the risk of capture by an enemy ship.

23. There is an absolute presumption that a transfer is void-

(a.) If the transfer has been made during the voyage or in a blockaded port; (b.) If a right to repurchase or recover the ship is reserved to the vendor; (c.) If the requirements of the ordinary law governing the right to fly the flag

under which the ship is sailing have not been fulfilled.

Page 101

Page 101

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.