CAB38-17 — Page 98

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Appendix V.

MODEL OF DRAFT INSTRUCTIONS TO *.

REGARDING THE

TREATMENT OF NEUTRAL AND ENEMY MERCHANT SHIPS IN TIME OF WAR.†

(Based on Instructions supplied to Collectors of Customs and Excise at Ports in the United Kingdom.)

Note.-It should be clearly understood that the directions contained in these Instructions have no reference to any immediate probability of war.

1. THE following instructions have been framed for the guidance of *.

in time of war in the exercise of their powers, and in carrying out duties, which it will then be incumbent on them to perform, with a view to guard them from the danger of over-stepping those duties in such a manner as either to involve the Government in international complications, or to expose themselves to censure or to pecuniary liability.

2. Every care consistent with a zealous prosecution of the war must be taken to minimise any unavoidable inconvenience to British subjects and to the subjects of allied or neutral States and to prevent the commerce of the British Empire or of its allies, or of neutral States, being subjected to vexatious interference.

"

3. In these instructions the expression "Detaining Officer' means the officer selected by the local Government as responsible for carrying out these instructions.

PART I.

Action in anticipation of and after the Outbreak of War.

Preparation for War.

4. The following regulations to be observed in time of war or where war is regarded as imminent are intended merely as a general guide for executive action. Detailed arrangements at each port should be made forthwith by the Detaining Officer in consultation-

(a.) With the naval and military authorities at naval ports, viz. : Sydney, Simons

Bay, Halifax, Esquimalt.

(b.) With the military authorities at ports at which there will be a military force

in time of war.

(c.) At other ports with the Chief of the Police, and, as regards paragraph 31 (c) of these instructions, with the Military Authority designated by the Local Government.

* Insert here the authorities who will be responsible in time of war for the duties specified in these instructions. At ports in the United Kingdom collectors of customs and excise have been selected to perform these duties.

These draft instructions have been based on the supposition that they will be issued to Detaining Authorities in time of peace. If it is decided that this is inadvisable, they will require some modifications (vide paragraph 35 of the Memorandum).

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