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II.

CORRESPONDENCE WITH THE ADMIRALTY.

Sir,

Committee of Imperial Defence, July 11, 1910.

I AM desired by the Chairman of the Standing Sub-Committee of the Committee of Imperial Defence, which is now considering the question of the Treatment of Enemy and Neutral Merchant Shipping in War, to inform you that the Sub-Committee have had under consideration the question of the jurisdiction of the British Prize Courts over enemy merchant ships temporarily detained on the outbreak of hostilities.

The Sub-Committee are of opinion that it is desirable that all such merchant vessels which are thus detained at the opening of the war should be subjected to the jurisdiction of the Prize Court, whether subsequently released, or sequestrated during the continuance of the war.

Considerable doubt has been expressed at the meetings of the Sub-Committee, however, regarding the legal question whether the jurisdiction of British Prize Courts as at present constituted extends to such cases. The Sub-Committee are informed that the whole subject of the Prize Courts and their procedure has recently been under the consideration of a Committee appointed by the Lords Commissioners of the Admiralty, which has prepared a Naval Prize Bill, and which is understood to he engaged in revising the rules of procedure for the Prize Courts.

The Sub-Committee would, therefore, be greatly obliged if the Board of Admiralty would refer this question to the said Committee on Naval Prize Law.

They would further suggest that, in the event of the Committee on Naval Prize Law being of opinion that the jurisdiction of British Prize Courts under the Bill which they have prepared will not extend to cases of enemy merchant ships detained on the outbreak of hostilities, they should be requested to add such amendments to the Bill, and to prepare such rules and forms as may be necessary.

The Secretary, Admiralty.

I am, &c. (Signed)

C. L. OTTLEY,

Secretary.

Admiralty, December 24, 1910.

(Confidential.) Sir,

WITH reference to your letter dated the 11th July last, I am commanded by my Lords Commissioners of the Admiralty to acquaint you that they have referred to the Naval Prize Committee appointed by the Admiralty, the question of the jurisdiction of British Prize Courts over enemy merchant ships temporarily detained on the outbreak of hostilities.

A copy of the report of this Committee is attached, in which certain amendments to the Naval Prize Bill are proposed.

In the event of the proposals of the Committee of Imperial Defence being approved by His Majesty's Government, steps will be taken to amend the Naval Prize Bill accordingly.

I am, &c.

(Signed)

J. H. BROOKS,

For Secretary.

The Secretary, Committee of Imperial Defence, 2, Whitehall Gardens, S.W.

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