APPENDIX B

THE ORDERS IN COUNCIL ADOPTING THE PROVISIONS OF THE DECLARATION OF LONDON

(1) ORDER IN COUNCIL ADOPTING, DURING THE PRESENT HOSTILITIES, THE PROVISIONS OF THE CONVENTION KNOWN AS THE 'DECLARATION OF LONDON ? WITH ADDITIONS AND MODIFICATIONS (STATUTORY RULES AND ORDERS, 1914, No. 1260).

At the Court at Buckingham Palace, the 20th day of August, 1914.

PRESENT,

The King's Most Excellent Majesty in Council.

Whereas during the present hostilities the Naval Forces of His Majesty will co-operate with the French and Russian Naval Forces, and

Whereas it is desirable that the naval operations of the allied forces so far as they affect neutral ships and commerce should be conducted on similar principles, and

Whereas the Governments of France and Russia have informed His Majesty's Government that during the present hostilities it is their intention to act in accordance with the provisions of the Convention known as the Declaration of London, signed on the 26th day of February, 1909, so far as may be practicable.

Now, therefore, His Majesty, by and with the advice of His Privy Council, is pleased to order, and it is hereby ordered, that during the present hostilities the Convention known as the Declaration of London shall, subject to the following additions and modifications, be adopted and put in force by His Majesty's Government as if the same had been ratified by His Majesty :

The additions and modifications are as follows :—

1. The lists of absolute and conditional contraband contained in the Proclamation dated August 4th, 1914, shall be substituted for the lists contained in Articles 22 and 24 of the said Declaration.

2. A neutral vessel which succeeded in carrying contraband to the enemy with false papers may be detained for having

carried such contraband if she is encountered before she has completed her return voyage.

3. The destination referred to in Article 33 may be inferred from any sufficient evidence, and (in addition to the presumption laid down in Article 34) shall be presumed to exist if the goods are consigned to or for an agent of the Enemy State or to or for a merchant or other person under the control of the authorities of the Enemy State.

4. The existence of a blockade shall be presumed to be known :—

(a) to all ships which sailed from or touched at an enemy port a sufficient time after the notification of the blockade to the local authorities to have enabled the enemy Government to make known the existence of the blockade,

(b) to all ships which sailed from or touched at a British or allied port after the publication of the declaration of blockade.

5. Notwithstanding the provisions of Article 35 of the said Declaration, conditional contraband, if shown to have the destination referred to in Article 33, is liable to capture to whatever port the vessel is bound and at whatever port the cargo is to be discharged.

6. The General Report of the Drafting Committee on the said Declaration presented to the Naval Conference and adopted by the Conference at the eleventh plenary meeting on February 25th, 1909, shall be considered by all Prize Courts as an authoritative statement of the meaning and intention of the said Declaration, and such Courts shall construe and interpret the provisions of the said Declaration by the light of the commentary given therein.

And the Lords Commissioners of His Majesty's Treasury, the Lords Commissioners of the Admiralty, and each of His Majesty's Principal Secretaries of State, the President of the Probate, Divorce and Admiralty Division of the High Court of Justice, all other Judges of His Majesty's Prize Courts, and all Governors, Officers and Authorities whom it may concern, are to give the necessary directions herein as to them may respectively appertain.

Almeric FitzRoy.

(2) THE DECLARATION OF LONDON ORDER IN COUNCIL, NO. 2, 1914 (STATUTORY RULES AND ORDERS, 1914, No. 1614). At the Court at Buckingham Palace, the 29th day of October, 1914. PRESENT,

The King's Most Excellent Majesty in Council. Whereas by an Order in Coucil dated the 20th day of August, 1914, His Majesty was pleased to declare that during the present hostilities the Convention known as the Declaration of London should, subject to certain additions and modifications therein specified, be adopted and put in force by His Majesty's Government; and

Whereas the said additions and modifications were rendered necessary by the special conditions of the present war; and Whereas it is desirable and possible now to re-enact the said Order in Council with amendments in order to minimize, so far as possible, the interference with innocent neutral trade occasioned by the war:

Now, therefore, His Majesty, by and with the advice of His Privy Council, is pleased to order, and it is hereby ordered, as follows:

1. During the present hostilities the provisions of the Convention known as the Declaration of London shall, subject to the exclusion of the lists of contraband and non-contraband, and to the modifications hereinafter set out, be adopted and put in force by His Majesty's Government.

The modifications are as follows:

(i) A neutral vessel, with papers indicating a neutral destination, which, notwithstanding the destination shown on the papers, proceeds to an enemy port, shall be liable to capture and condemnation if she is encountered before the end of her next voyage.

(ii) The destination referred to in Article 33 of the said Declaration shall (in addition to the presumptions laid down in Article 34) be presumed to exist if the goods are consigned to or for an agent of the enemy State. (iii) Notwithstanding the provisions of Article 35 of the said Declaration, conditional contraband shall be liable to capture on board a vessel bound for a neutral port if the goods are consigned to order', or if the ship's papers do not show who is the consignee of the goods or if they show a consignee of the goods in territory belonging to or occupied by the enemy.

(iv) In the cases covered by the preceding paragraph (iii) it shall lie upon the owners of the goods to prove that their destination was innocent.

2. Where it is shown to the satisfaction of one of His Majesty's Principal Secretaries of State that the enemy Government is drawing supplies for its armed forces from or through a neutral country, he may direct that in respect of ships bound for a port in that country, Article 35 of the said Declaration shall not apply. Such direction shall be notified in the London Gazette and shall operate until the same is withdrawn. So long as such direction is in force, a vessel which is carrying conditional contraband to a port in that country shall not be immune from capture.

3. The Order in Council of the 20th August, 1914, directing the adoption and enforcement during the present hostilities of the Convention known as the Declaration of London, subject to the additions and modifications therein specified, is hereby repealed.

4. This Order may be cited as 'the Declaration of London Order in Council, No. 2, 1914'.

And the Lords Commissioners of His Majesty's Treasury, the Lords Commissioners of the Admiralty, and each of His Majesty's Principal Secretaries of State, the President of the Probate, Divorce, and Admiralty Division of the High Court of Justice, all other Judges of His Majesty's Prize Courts, and all Governors, Officers, and Authorities whom it may concern, are to give the necessary directions herein as to them may respectively appertain.

Almeric FitzRoy.

APPENDIX C

THE CONTRABAND PROCLAMATIONS

(1) PROCLAMATION, DATED AUgust 4, 1914, SPECIFYING THE ARTICLES TO BE TREATED AS CONTRABAND OF WAR (STATUTORY RULES AND ORDERS, 1914, No. 1250).

BY THE KING.

A Proclamation specifying the Articles to be treated as Contraband of War.

George R.I.

Whereas a state of War exists between Us on the one hand and the German Empire on the other:

And whereas it is necessary to specify the Articles which it is Our intention to treat as Contraband of War:

Now, therefore, We do hereby Declare, by and with the advice of Our Privy Council, that during the continuance of

the War or until we do give further public notice the articles enumerated in Schedule I hereto will be treated as absolute contraband, and the articles enumerated in Schedule II hereto will be treated as conditional contraband :—

Schedule I

The following articles will be treated as absolute contraband :

1. Arms of all kinds, including arms for sporting purposes, and their distinctive component parts.

2. Projectiles, charges, and cartridges of all kinds, and their distinctive component parts.

3. Powder and explosives specially prepared for use in war. 4. Gun mountings, limber boxes, limbers, military wagons, field forges, and their distinctive component parts.

5. Clothing and equipment of a distinctively military character.

6. All kinds of harness of a distinctively military character. 7. Saddle, draught, and pack animals suitable for use in war. 8. Articles of camp equipment, and their distinctive component parts.

9. Armour plates.

10. Warships, including boats, and their distinctive component parts of such a nature that they can only be used on a vessel of war.

11. Aeroplanes, airships, balloons, and aircraft of all kinds, and their component parts, together with accessories and articles recognizable as intended for use in connexion with balloons and aircraft.

12. Implements and apparatus designed exclusively for the manufacture of munitions of war, for the manufacture or repair of arms, or war material for use on land and sea.

Schedule II

The following articles will be treated as conditional contraband :

1. Food-stuffs.

2. Forage and grain, suitable for feeding animals.

3. Clothing, fabrics for clothing, and boots and shoes, suitable for use in war.

4. Gold and silver in coin or bullion; paper money.

5. Vehicles of all kinds available for use in war, and their component parts.

6. Vessels, craft and boats of all kinds; floating docks, parts of docks, and their component parts.