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INTRODUCTORY Remarks.

THE Committee of Imperial Defence have recently had under consideration the question of the treatment of neutral and enemy merchant vessels in time of war, and have decided on the policy which will be carried out both by His Majesty's ships on the high seas and by the local authorities in the ports of the United Kingdom and in the

Crown Colonies and India.

2. The Committee are of opinion that if the policy decided on is to produce a maximum of effect as a means of putting pressure to bear on our enemies, it is indispensable that prompt and simultaneous action should be taken immediately on the outbreak of war by the local authorities at every port in the British Empire, and, so far as naval considerations permit, by the naval forces of every Dominion. It is recognised, however, that the self-governing Dominions cannot be asked to make the necessary arrangements in time of peace for giving effect to this policy in time of war until they have expressed their agreement in the policy. This Memorandum has therefore been prepared in order to acquaint the representatives of the Dominions attending the Imperial Conference with the policy adopted by His Majesty's Government, and to explain in general terms the reasons which led the Committee to recommend the course of action proposed (see Part I). The action to be taken by the several Departments of His Majesty's Government, and the action which would require to be taken by the Governments of the Dominions, if they concur in these proposals, are also fully explained (see Part II). This action includes the provision of the necessary legal instruments, forms, Regulations, and instructions, on similar lines to those already drafted for use in the United Kingdom (see Appendices).

3. It is desired at the outset to lay special stress on the fact that, although concurrence in the policy of His Majesty's Government involves executive action on the part of the Governments of the Dominions as regards the treatment of enemy and neutral shipping on the outbreak of war, it will not in any way restrict the freedom of those Governments to decide, when the occasion arises, whether their naval and military forces shall or shall not participate in hostilities.

PART I-CONSIDERATIONS of General POLICY.

4. The international law regarding the treatment of neutral and enemy merchant ships in time of war is set forth in a Memorandum by the Foreign Office printed in Appendix VII, and from this it will be seen that in respect to many particulars the policy to be adopted is fixed by international agreement. Many questions arise, however, in dealing with this subject, concerning which international conventions admit of alternative policies, and it is mainly with such cases that this part of the Memorandum deals.

(A.)-Treatment of Enemy Merchant-vessels in Port on the Outbreak of War.

C

Days of Grace."

5. The international law affecting the policy to be adopted regarding "days of grace" is formulated in the following Articles of The Hague Convention, 1907, relative to the Status of Enemy Merchant-ships at the Outbreak of Hostilities, agreed to at the Second Peace Conference :-

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B

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