ENEMY'S MERCHANT SHIPS

Dominion, Volume 7, Issue 2222, 7 August 1914, Page 7

ENEMY'S MERCHANT SHIPS

Ndays of grace to leave ? PORT ■~•/:■ ;'-. AN ORDER-MDNCIL An.,bi'dpin-Couneil relating to "the f praotice of granting days of grace to enemy merchant ships by . The Hague Convention relative to the status of e ' lem y m g" oh Mt ships : at the outbreak ;-. of hostilities was'published in a "Ga^ zette Lxtraordinar}' last evening. These days of j*race" are' granted with' the of lessening, .as: far as may be practicablo, the injury caused by war.to peaceful and unsuspecting commerce." Grace till August 14. ' No j enemy merchant ship shall be allowed to depart, except in accordance with,!-.the subjoined provisos, froni any British port or from any ports in any Native State in- India, or in any of His Majesty's, Protectorates, or in any State under His Majesty's..protection; or m Cyprus. In. the event of one of His Majesty's Principal Secretaries of State ■being satisfied by information reaching him not later, than midnight on Friday, August' 7, that the treatment accorded to British merchant ships and their cargoes which at the date of the outbreak ■ - of hostilities were .in the ports of the enemy, or : : which".subsequently ' entered thenii is not less favourable .than the treatment accorded to enemy merchant ships by Articles 3 to 7 of-this Order, he. Fhall notify the Lords, Commissioner of His Majesty's Treasuiy- and the Lords ; Commissioners of the Admiralty accord-' ■ ingly, and public notice. thereof shall forthwith : be given in the ■ London "Gazette," and Artioles3-to 8 of this Order, '■■;. shall thereupon- come into full force and effect., ■:' ..-■. '■■■'.. Subject to the provisions of this Order, ■ enemy merohant ships whichr-:'. (i.) At the date, of the outbreak of hostilities were in any port-in which this Order applies; or'.;.-' '':•"'"'■ (ii.) Cleared'from their last port -be--fore the declaration of war, aiid, after the.outbreak of hostilities, enter a port to which this Order applies, N with no knowledge of the waT— \. 6hall be allowed up till.midnight (Green- . ■ wich ■ mean time) on -Friday, August 14, 1 for loading or unloading their cargoes, and for departing from such, port: Provided that such vessels- shall not be allowed ,'to ship any "contraband of war,, and any contraband 'of war alreadyshipped on such vessels must, be dis- . charged. Enemy merchant;.ships which ; cleared from, their last port before the declaration.of war, and which with no knowledge of the war arrive at a port to which this order, applies after the expiry of the time, allowed by Article 3 ;for loading or, unloading cargo and' for. departing,- and are permitted to enter, may be, required to depart eitner immediately, . or within .'such time as may be considered necessary by the Customs officer of theport for tho unloading of such cargo «s they moy.be required or specially per-, mitted to discharge that such - vessels may, as. a. condition :.of being allowed to discharge cargo, be required to ■ proceed to any other - specified British port,:and shall there be allo.wei} such time for discharge as the Customs officer of that port.may- consider to be necessary; .provided also, that; if any cargo on board. such vessel is contraband of war or is requisitioned under .' Article 5 of this; order, she may be required before departure to disoharge such cargo within such time as the Customs officer of the port may .consider to be " necessary; or she, may .be required ■to proceed; if necessary under-escort, to any other of the ports specified in Article 1 of this order, and shall there discharge the contraband under the like conditions. ''; Ships Excluded. From''-'Decree'/-'' . .His.Majesty reser.vK!,'ithe.tTi'ght''ra<ognisedby the said-.'Conveitiott tb'reqHiisi-' tibn'at any time, subject to payment'of compensation, eneiny cargo on board any vessel -to'which-Articles 3-and-4 of : this ■ order apply ;• ■ The-- privileges 'accorded hy Articles 3 and 4 are not to extend to cable ships or to' sea-going sliirSs designed to,carry oil fuel, or to ships whose.tonnage, .exceeds .5000 '.-ton's .gross, or : whose 6peed is. 14 knots or over, regarding which, the entries in Lloyd's Register shall be conclusiye.fpr..the purposes of this articlo. .Such vessels will remain liable on adjudication by the Prize Court to detention during t!nv>period of the war, or to in 'accordance, in- either Sase, with the Convehtibh aforesaid. The said privileges wilt-also not extend to merchant, ships which show . by' their' puild_that they are intended for,conversion into warships,--as.such vessels are. outside the scopo of the said Conven*'on, and are liable- on adjudication by the Prize Court to condemnation as prize. x Enemy merchant ships allowed to depart under Articles 3 and 4 will be provided with a. pass indicating the port to which they, aro to proceed, and the route are to follow. shipwhich, after such .a pass, does; follow the. course indicated therein will be habla to capture. , A Stern: Hint. :.■/:■ '["■.' If no information reaches ono of His , Majesty b Principal' Secretaries of State by the day and-hour -aforementioned", to the : effect that the treatment accorded to British merchant ships and their cargoes' which were in-the ports of the :enemy at the date of the outbreak of hostilities, or which subsequently entered -them, is in' ■"s "pinion, not less favourable than that'accorded to enemy merchant ships • by Articles 3 to-8 of this Order, overy enemy merchant ship which on the outbreak -o! hostilities ,was in any port to which this Order applies,,arid also every enemy merchant ship which cleared from its last port before the declaration' of war, but which, with no knowledge of the war ■ entera a. port to -.which this Order applies, shall,. together: with .the cargo on board thereof, be liable to 'capture,, nnd shall be brought hefore' the Prize , Court forthwith for 'adjudication.' In the event of information reaching one of His Majesty's Principal Secretaries of State that British' merchant ships which cleared from their'last port before the declaration of war, but are met with by the enemy at sea: after the outbreak ot hostilities, are allowed -to continue •S! r v ;°J' a S e without interference with cither tho ship-or the cargo,, of.', after, captureare released with or withont procecdings for adjudication in the Prize ,- Court or arq to be detained/during the war or requisitioned in lien of condemnation as prize, he shall notify the Lords Commissioners of the Admiralty accordingly, and shall publish..'a notification thereof in .the London Gazette, and in that event, but not otherwise, enemy merchant ships which cleared from their last port before the declaration 'of war and are captured after the outbreak of hostilities and brought before the Prizo poyrts for adjudication, shall be released or detained or requisitioned-in such'cases and upon such terms a3 may be. directedi.i the said notification in the London Gazette. . '"■;■■■.!- •-•' Neutral, cargo, ether than, contraband 'of war, on 1-onrd an' enemy merchant 3hip which is not allowed to depart from a port to which this Older applies shall be re. • leased.. . ' .' '.'■ ....'..■ In accordance with the provisions of Chapter 111. of tlie Convention relative to certain Ttestrictions on tho Exercise of th« Right of Capture ir Maritime War. signed at: The Hague on' October 18,4907; an undertaking, must, whether, the merchaut ship is allowed to depart cr not. be given in writing by each of the officers and members of the crew of such vessel, who is of enemy nationality, that he will not, • after the conclusion of. - the' voyage for which the pass is" issued, engage'while hostilities last in any service connected' with tho operation of the war. Tf any such officer is of neutral nationality. _a"n undertaking must lie given-in writing that he will not serve, niter the conclu . Bion.of'the voyage for which the nass .19 i?sued, on any enemy ship while.-hostili-ties last. No undertaking, is to he re' : quired from members of the crew who nrn of neutral nationality. . Officers or members of the'crew declining to p.ivc theundertakings required'l>y-thi , » Article will be detained as, prisoners of. war.