CHECK AT SEA

Gisborne Herald, Volume LXVI, Issue 20107, 29 November 1939, Page 6

CHECK AT SEA

NAZI EXPORTS TERMS OF SEIZURE BRITISH ORDER MEASURE OF REPRISAL DEFIANCE OF LAW (Elec. Tel. Copyright—United Press Assn.) (British Official Wireless.)

Reed. 1.50 p.m. RUGBY. Nov. 23. An Order-in-Council published today authorises the restriction of German commerce ns a reprisal for German breaches of international law.

The order recites in the preamble i the fact of the numerous cases of sink- i ing of British, Allied and neutral mer-; chant vessels, thus violating the sub-1 marine protocol of 1936, to which Ger-; many is a party, and that such ships have also been sunk “by mines laid by German forces indiscriminately and without notification in contravention of obligations of humanity and j the provisions of flic Hague Conven- i tion, to which Germany is a party.’’ Such sinkings, the order continues, i have been without regard to the na-j tionality or destination of the vessels,' or of the ownership or destination ol i the cargoes and have resulted in I grave loss in British, Allied, and neu-1 tral non-combatant lives, “and where-1 as it is manifest that the German Gov-! erment has deliberately embarked on ! a policy of endeavouring to destroy all j seaborne trade between Allied and! other countries by the ruthless use of i the forces at its disposal, contrary to I the laws and customs of war, the! rights of neutrals and the obligations j of humanity; And whereas this action ! on the part of the German Govern- j ment gives His Majesty unquestion-1 able right of retaliation,” Every Merchant Vessel The order then provides: (1) That! every merchant vessel which sailed! after December 4, 1939. from an enemy j port, including a port under enemy j occupation or control, may be requir- j cd to discharge .in a British or Allied j j port any goods loaded at such port. ! j (2) That every merchant vessel sail-! J ing from any other port after Decern- i j ber 4 and carrying goods which are of j j enemy origin, or enemy property, may ; ' bo required to discharge such goods in j i a British or Allied port.

j These prohibited goods discharged junder order will be placed in the custody of the Prize Court marshal and, | unless the court orders a requisitioning, shall be detained or sold as the court directs and the proceeds paid into the court. On the conclusion of j peace the proceeds of any goods detained unsold shall be dealt with as the court considers just, provided that there may be payment out or release at any time, “if it be shown to the satisfaction of the court that the goods had become neutral property before November 27, 1939,” or there may be such payment or release with the consent of the proper officer of the Crown. Requests to Crown According to the explanatory statement issued by the Ministry of Economic Warfare, requests to the Crown's officer will be considered only if the goods are neutral-owned and either | were in a vessel clearing from the i last neutral-departure port before Dei comber 11, 1939, or if the contract | under which the goods were ordered was entered into before November 27, ; 1939, and the terms obliged the purj chaser to take delivery of the goods ; on or before shipment, and provided | the purchaser has paid for the goods | before shipment and the goods' were in the vessel which cleared the last neutral-departure port before January 1, 1940.

The order itself further provides that the law and practice in prize shall be followed as far as is applicable in cases arising under the order.