CAB38-17 — Page 88

Page 88

Page 88

Page 88

CONSIDERATIONS of GENERAL POLICY.

8

10. In pursuance of this policy it has been decided that on the outbreak of war all enemy merchant-vessels in British ports shall be provisionally detained for a period of three days, during which it shall be not less favourable treatment to British ships. At the same time an Order-in-Council will

to the open

enemy to announce his intention to grant be issued providing that if no such announcement is made the enemy merchant-ships will be permanently detained, but that if, on the other hand, the enemy accords satisfactory treatment to British merchant-vessels in his ports, a further period of seven grace" will be granted, during which enemy merchant-vessels (with certain exceptions days of mentioned in paragraph 13) will be permitted to complete discharging and shipping cargo (except contraband, the shipment and export of which should be prohibited), and will be permitted to proceed, after being furnished with a pass, direct to their ports of destination or any other port indicated on the pass. Precautions should be taken to prevent espionage by the officers and crews of vessels detained.

Vessels to be excluded from the privilege of “ Days of Grace.”

11. Although it has been decided to grant "days of grace" under the conditions named as a general policy, the military interests of the British Empire require that certain exceptions should be made to this general rule.

12. Article 5 of The Hague Convention relative to the Status of Enemy Merchant- ships at the Outbreak of Hostilities (Appendix VIII) lays down that "the present Convention does not refer to merchant-ships which show by their build that they are intended for conversion into war-ships." This phraseology is somewhat unsatisfactory, since any merchant-ship is capable of carrying a small gun and of being converted into a war-ship. The authoritative interpretation placed upon the clause by the negotiators at The Hague requires the Article to be read in its literal and narrowly restricted sense, in accordance with which it can be applied in fact only to merchant- vessels, such as the Lusitania" and "Mauretania," specially built for conversion into war-ships. The treatment of vessels of this kind is therefore entirely unaffected by any stipulation in the Convention, and may be regulated by the belligerent as to him seems proper. He may freely seize them, confiscate them, and convert them to his own use without incurring any liability for compensation.

13. The Committee of Imperial Defence are of opinion, however, that this is not sufficient. The military interests of Great Britain demand that a much more numerous class of vessels, viz., those which, although not intended, are yet suitable, for conversion into ships of war, should as a general rule be definitely excepted from any grant of days of grace," whilst, of course, remaining subject to the rules laid down in the Convention as regards restoration after war and compensation for requisitioning. has accordingly been decided that in all wars the following vessels should be excluded It from the privilege of “days of grace

"

-

(1.) All enemy merchant-vessels which show by their build that they are

intended for conversion into war-ships.

(2.) All vessels whose tonnage exceeds 5,000 tons gross, or whose speed is 14 knots

or over.

(3.) Oil fuel vessels.

(4.) Cable ships.

14. It is clear, however, that the seizure, without any previous notice of such an intention, of a bonâ fide mail steamer would give rise to protests, not only from the enemy, but from neutral passengers and shippers of cargo. It is very necessary, therefore, that all possible precautions should be taken by the detaining authorities to minimise the consequent inconvenience to neutrals.

The Pass to be issued when “Days of Grace are allowed.

15. The question as to what general rule shall be adopted at ports abroad regarding the destination of ships to which a pass is granted is one of great importance, as an injudicious selection of a port or the neglect to impose a certain route on the vessel in proceeding to its destination might have the result of disclosing important information, which might perhaps be the means of enabling the enemy to make a successful torpedo

[294]

C

Page 88

Page 88