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       [312] Teil IV: Anhang I) Order in Council vom 20. August 1914 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 effect [sic] 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 tho 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: –
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 as to them may respectively appertain.
Whereas by an Order in Council 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 minimise, 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: –
The modifications are as follows: –
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.
Whereas the German Government has issued certain Orders which, in violation of the usages of war, purport to declare the waters surrounding the United Kingdom a military area, in which all British and allied merchant vessels will be destroyed irrespective of the safety of the lives of passengers and crew, and in which neutral shipping will be exposed to similar danger in view of the uncertainties of naval warfare; And whereas in a memorandum accompanying the said Orders neutrals are warned against entrusting crews, passengers, or goods to British or allied ships; And whereas such attempts on the part of the enemy give to His Majesty an unquestionable right of retaliation; [315] And whereas His Majesty has therefore decided to adopt further measures in order to prevent commodities of any kind from reaching or leaving Germany, though such measures will be enforced without risk to neutral ships or to neutral or noncombatant life, and in strict observance of the dictates of humanity; And whereas the Allies of His Majesty are associated with Him in the steps now to be announced for restricting further the commerce of Germany: His Majesty is therefore pleased, by and with the advice of His Privy Council, to order and it is hereby ordered as follows: –
I. No merchant vessel which sailed from her port of departure after the 1st March, 1915, shall be allowed to proceed on her voyage to any German port. Unless the vessel receives a pass enabling her to proceed to some neutral or allied port to be named in the pass, goods on board any such vessel must be discharged in a British port and placed in the custody of the Marshal of the Prize Court. Goods so discharged, not being contraband of war, shall, if not requisitioned for the use of His Majesty, be restored by Order of the Court, upon such terms as the Court may in the circumstances deem to be just, to the person entitled thereto.
II. No merchant vessel which sailed from any German port after the 1st March, 1915, shall be allowed to proceed on her voyage with any goods on board laden at such port. All goods laden at such port must be discharged in a British or allied port. Goods so discharged in a British port shall be placed in the custody of the Marshal of the Prize Court, and, if not requisitioned for the use of His Majesty, shall be detained or sold under the direction of the Prize Court. The proceeds of goods so sold shall be paid into Court and dealt with in such manner as the Court may in the circumstances deem to be just. Provided that no proceeds of the sale of such goods shall be paid out of Court until the conclusion of peace, except on the application of the proper Officer of the Crown, unless it be shown that the goods had become neutral properly before the issue of this Order. Provided also that nothing here in shall prevent the release of neutral property laden at such enemy port on the application of the proper Officer of the Crown.
III. Every merchant vessel which sailed from her port of departure after the 1st March, 1915, on her way to a port other than a German port, carrying goods with an enemy destination, or which are enemy property, may be required to discharge such goods in a British or allied port. Any goods so discharged in a British port shall be placed in the custody of the Marshal of the Prize Court, and, unless they are contraband of war, shall, if not requisitioned for the use of His Majesty, be restored by Order of the Court, upon such terms as the Court may in the circumstances deem to be just, to the person entitled thereto. Provided that this Article shall not apply in any case falling within Articles II or IV of this Order.
[316] IV. Every merchant vessel which sailed from a port other than a German port after the 1st March, 1915, having on board goods which are of enemy origin or are enemy property may be required to discharge such goods in a British or allied port. Goods so discharged in a British port shall be placed in the custody of the Marshal of the Prize Court, and, if not requisitioned for the use of His Majesty, shall be detained or sold under the direction of the Prize Court. The proceeds of goods so sold shall be paid into Court and dealt with in such manner as the Court may in the circumstances deem to be just. Provided that no proceeds of the sale of such goods shall be paid out of Court until the conclusion of peace except on the application of the proper Officer of the Crown, unless it be shown that the goods had become neutral property before the issue of this Order. Provided also that nothing herein shall prevent the release of neutral property of enemy origin on the application of the proper Officer of the Crown.
V. - (1) Any person claiming to be interested in, or to have any claim in respect of any goods (not being contraband of war) placed in the custody of the Marshal of the Prize Court under this Order, or in the proceeds of such goods, may forthwith issue a writ in the Prize Court against the proper Officer of the Crown and apply for an order that the goods should be restored to him, or that their proceeds should be paid to him, or for such other order as the circumstances of the case may require.
(2) The practice and procedure of the Prize Court shall, so far as applicable, be followed mutatis mutandis in any proceedings consequential upon this Order.
VI. A merchant vessel which has cleared for a neutral port from a British or allied port, or which has been allowed to pass having an ostensible destination to a neutral port, and proceeds to an enemy port, shall, if captured on any subsequent voyage, be liable to condemnation.
VII. Nothing in this Order shall be deemed to affect the liability of any vessel or goods to capture or condemnation independently of this Order.
VIII. Nothing in this Order shall prevent the relaxation of the provisions of this Order in respect of the merchant vessels of any country which declares that no commerce intended for or originating in Germany or belonging to German subjects shall enjoy the protection of its flag.
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 [317] 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:
Schedule I The following articles will be treated as conditional contraband:
[318] Whereas on the 4th day of August last, We did issue Our Royal Proclamation specifying the articles which it was Our intention to treat as contraband of war during the war between us and the German Emperor. And whereas on the 12th day of August last, We did by Our Royal Proclamation of that date extend Our Proclamation aforementioned to the war between Us and the Emperor of Austria, King of Hungary. And whereas by an order in council of the 20th day of August, 1914, it was ordered 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 as if the same had been ratified by Us. And whereas it is desirable to add to the list of articles to be treated as contraband of war during the present war. And whereas it is expedient to introduce certain further modifications in the Declaration of London as adopted and put into force. 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 the schedule hereto will, notwithstanding anything contained in Article 28 of the Declaration of London, be treated as conditional contraband.
Whereas, on the fourth day of August, 1914, We did issue Our Royal Proclamation specifying the articles which it was Our intention to treat as contraband of war during the war between Us and the German Emperor; and Whereas, on the twelfth day of August, 1914, We did by Our Royal Proclamation of that date extend Our Proclamation aforementioned to the war between Us and the Emperor of Austria, King of Hungary; and Whereas, on the twenty-first day of September, 1914, We did by Our Royal Proclamation of that date make certain additions to the list of articles to be treated as contraband of war; and Whereas it is expedient to consolidate the said lists and to make certain additions thereto: Now, therefore, We do hereby declare, by and with the advice of Our Privy Council, that the lists of contraband contained in the schedules to Our Royal Proclamations of the fourth day of August and the twenty- [319] first day of September aforementioned are hereby withdrawn, and that in lieu thereof 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
Schedule II
Whereas on the 4th day of August 1914, We did issue Our Royal Proclamation specifying the articles which it was Our intention to treat as contraband of war during the war between Us and the German Emperor; and Whereas on the 12th day of August, 1914, We did by Our Royal Proclamation of that date extend Our Proclamation aforementioned to the war between Us and the Emperor of Austria, King of Hungary; and Whereas on the 21[st] day of September, 1914, We did by Our Royal Proclamation of that date make certain additions to the list of articles to be treated as contraband of war; and Whereas on the 29th day of October, 1914, We did by Our Royal Proclamation of that date withdraw the said lists of contraband and substitute therefor the lists contained in the schedule to the said proclamation; and Whereas it is expedient to make certain alterations in and additions to the said lists: Now, Therefore, We do hereby declare, by and with the advice of Our Privy Council, that the lists of contraband contained in the schedule to Our Royal Proclamation of the twenty-ninth day of October aforementioned are hereby withdrawn, and that in lieu thereof 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
Schedule II
Whereas on the twenty-third day of December 1914, We did issue Our Royal Proclamations specifying the articles which it was Our intention to treat as contraband during the continuance of hostilities or until We did give further public notice, and Whereas it is expedient to make certain additions to the lists contained in the said proclamation: 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 following articles will be treated as absolute contraband in addition to those set out in Our Royal Proclamation aforementioned:
Tin, chloride of tin, tin ore. Castor oil. Paraffin wax. Copper iodide. Lubricants. Hides of cattle, buffaloes, and horses; skins of calves, pigs, sheep, goats, and deer; leather undressed or dressed, suitable for saddlery, harness, military boots, or military clothing. [323] Ammonia and its salts whether simple or compound; ammonia liquor, urea, aniline, and their compounds. And We do hereby declare that the following articles will be treated as conditional contraband in addition to those set out in Our Royal Proclamation aforementioned:
And We do hereby further declare that the terms "foodstuffs" and "feeding stuffs for animals" in the list of conditional contraband contained in Our Royal Proclamation aforementioned shall be deemed to include oleaginous seeds, nuts and kernels; animal and vegetable oils and fats (other than linseed oil) suitable for use in the manufacture of margarine; and cakes and meals made from oleaginous seeds, nuts and kernels.
Whereas on the twenty-third day of December, 1914, We did issue Our Royal Proclamation specifying the articles which it was Our intention to treat as contraband during the continuance of hostilities or until We did give further public notice; and Whereas on the eleventh day of March, 1915, We did by Our Royal Proclamation of that date make certain additions to the list of articles to be treated as contraband of war; and Whereas it is expedient to make certain further additions to and amendments in the said list: 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 following articles will be treated as absolute contraband in addition to those set out in Our Royal Proclamations aforementioned: – Toluol, and mixtures of toluol, whether derived from coaltar, petroleum, or any other source; Lathes and other machines or machine-tools capable of being employed in the manufacture of munitions of war; Maps and plans of any place within the territory of any belligerent, or within the area of military operations, on a scale of four miles to one inch or on any larger scale, and reproductions on any scale by photography or otherwise of such maps or plans. And We do hereby further declare that item 4 of Schedule I of Our Royal Proclamation of the twenty-third day of December aforementioned shall be amended as from this date by the omission of the words "and all other metallic acetates" after the words "calcium acetate". And We do hereby further declare that in Our Royal Proclamation of the eleventh day of March aforementioned the words "other than linseed oil" shall be deleted and that the following article will as from this date be treated as conditional contraband: – Linseed oil.
[324] Whereas on the 23rd day of December, 1914, We did issue Our Royal Proclamation specifying the articles which it was Our intention to treat as contraband during the continuance of hostilities or until We did give further notice; and Whereas on the 11th day of March and on the 27th day of May, 1915, We did, by Our Royal Proclamations of those dates, make certain additions to the list of articles to be treated as contraband of war; and Whereas it is expedient to make certain further additions to the said lists: 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 following articles will be treated as absolute contraband in addition to those set out in Our Royal Proclamation aforementioned: – Raw cotton, cotton linters, cotton waste, and cotton yarns. And We do hereby further declare that this Our Royal Proclamation shall take effect from the date of its publication in the London Gazette.
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