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Nr. 10. or will be employed in the military or naval service of any foreign State at war with any friendly State,
Such person shall be deemed to have committed an offence against this Act, and the following consequences shall ensue:
1. The offender shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before. which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour.
2. (11) The ship in respect of which any such offence is committed, and her equipment, shall be forfeited to Her Majesty;
(12) Provided that a person building, causing to be built, or equipping a ship in any of the cases aforesaid, in pursuance of a contract made before the commencement of such war as aforesaid, shall not be liable to any of the penalties imposed by this section in respect of such building or equipping, if he satisfies the conditions following (that is to say):
1. If forthwith upon a proclamation of neutrality being issued by Her Majesty he gives notice to the Secretary of State that he is so building, causing to be built, or equipping such ship, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done under the contract as may be required by the Secretary of State;
2. If he gives such security, and takes and permits to be taken such other measures, if any, as the Secretary of State may prescribe for ensuring that such ship shall not be despatched, delivered, or removed without the licence of Her Majesty until the termination of such war as aforesaid.
(13) Where any ship is built by order of, or on behalf of any foreign State when at war with a friendly State, or is delivered to or to the order of such foreign State, or any person who to the knowledge of the person building is an agent of such foreign State, or is paid for by such foreign State or such agent, and is employed in the military or naval service of such foreign State, such ship shall, until the contrary is proved, be deemed to have been built with a view to being so employed, and the burden shall lie on the builder of such ship of proving that he did not know that the ship was intended to be so employed in the military or naval service of such foreign State.
(14) If any person within the dominions of Her Majesty, and without the licence of Her Majesty, by adding to the number of the guns, or by changing those on board for other guns, or by the addition of any equipment for war, increases or augments, or procures to be increased or augmented, or is knowingly concerned in increasing or augmenting the warlike force of any ship which at the time of her being within the dominions of Her Majesty was a ship in the military or naval service of any foreign State at war with any friendly State,
Such person shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted; and imprisonment, if awarded, may be either with or
without hard labour.
(15) If any person within the limits of Her Majesty's dominions, and without the licence of Her Majesty, prepares or fits out any naval or military expedition to proceed against the dominions of any friendly State, the following consequences shall ensue:
1. Every person engaged in such preparation or fitting out, or assisting therein, or employed in any capacity in such expedition, shall be
guilty of an offence against this Act, and shall be punishable by Nr. 10.
feited to Her Majesty.
(17) Any person who aids, abets, counsels, or procures the commission of any offence against this Act shall be liable to be tried and punished as a principal offender.«
(18) And whereas by the said Act it is further provided that ships built, commissioned, equipped, or despatched in contravention of the said Act, may be condemned and forfeited by judgment of the Court of Admiralty; and that if the Secretary of State or Chief Executive Authority is satisfied that there is a reasonable and probable cause for believing that a ship within Our dominions has been or is being built, commissioned, or equipped, contrary to the said Act, and is about to be taken beyond the limits of such dominions, or that a ship is about to be despatched contrary to the Act, such Secretary of State, or Chief Executive Authority, shall have power to issue a warrant authorizing the seizure and search of such ship and her detention until she has been either condemned or released by process of law. And whereas certain powers of seizure and detention are conferred by the said Act on certain Local Authorities:
(19) Now, in order that none of Our subjects may unwarily render themselves liable to the penalties imposed by the said statute, We do hereby strictly command that no person or persons whatsoever do commit any act, matter, or thing whatsoever contrary to the provisions of the said statute, upon pain of the several penalties by the said statute imposed, and of Our high displeasure.
(20) And We do hereby further warn and admonish all Our loving subjects, and all persons whatsoever entitled to Our protection, to observe towards each of the aforesaid powers, their subjects, citizens, and territories, and towards all belligerents whatsoever with whom We are at peace, the duties of neutrality; and to respect, in all and each of them, the exercise of belligerent rights.
(21) And We hereby further warn all Our loving subjects, and all persons whatsoever entitled to Our protection, that if any of them shall presume, in contempt of this Our Royal Proclamation and of Our high displeasure, to do any acts in derogation of their duty as subjects of a neutral power in a
between other powers, or in violation or contravention of the law of nations in that behalf, as more especially by breaking, or endeavouring to break, any blockade lawfully and actually established by or on behalf of either of the said powers, or by carrying officers, soldiers, despatches, arms, ammunition, military stores or materials, or any article or articles considered and deemed to be contraband of war according to the law or modern usages of nations, for the use or service of either of the said powers, that all persons so offending, together with their ships and goods, will rightfully incur and be justly liable to hostile capture, and to the penalties denounced by the law of nations in that behalf.
And We do hereby give notice that all Our subjects and persons entitled to Our protection who may misconduct themselves in the premises, will
Yir. 10. do so at their peril, and of their own wrong; and that they will in no wise obtain
any protection from Us against such capture or such penalties as aforesaid, but will, on the contrary, incur Our high displeasure by such misconduct.
Given at Our Court at Saint James's, this twenty-third day of April,
in the year of our Lord one thousand eight hundred and ninetyeight, in the sixty-first year of Our reign.
God save the Queen.
Neutralitätsregeln vom 23. April 1898.
(Rundschreiben des Auswärtigen. Amtes.) My Lords,
(1a) Her Majesty being fully determined to observe the duties of neutrality during the existing state of war between Spain and the United States of America; being, moreover, resolved to prevent, as far as possible, the use of Her Majesty's harbours, ports, and coasts, and the waters within Her Majesty's territorial jurisdiction, in aid of the warlike purposes of either belligerent, (16) and to insure, by every lawful means in Her power, the due observance by Her subjects towards both belligerent Powers, of the Rules embodied in Article VI of the Treaty of Washington of 8th May, 1871, (2) has commanded me to communicate to your Lordships, for your guidance, the following Rules, which are to be treated and enforced as Her Majesty's orders and directions:
Rule 1. (3) During the continuance of the present state of war, all ships of war of either belligerent are prohibited from making use of any port or roadstead in the United Kingdom, the Isle of Man, or the Channel Islands, or in any of Her Majesty's colonies or foreign possessions or dependencies, or of any waters subject to the territorial jurisdiction of the British Crown, as a station or place of resort for any warlike purpose, or for the purpose of obtaining any facilities for warlike equipment; (4) and no ship of war of either belligerent shall hereafter be permitted to leave any such port, roadstead, or waters from which any vessel of the other belligerent (whether the same shall be a ship of war or a merchant ship) shall have previously departed, until after the expiration of at least twenty-four hours from the departure of such last-mentioned vessel beyond the territorial jurisdiction of Her Majesty.
Rule 2. (5a) If there is now in any such port, roadstead, or waters subject to the territorial jurisdiction of the British Crown, any ship of war of either belligerent, such ship of war shall leave such port, roadstead, or waters within such time not less than twenty-four hours as shall be reasonable, having regard to all the circumstances and the condition of such ship as to repairs, provisions, or things necessary for the subsistence of her crew; and (56) if after the date hereof any ship of war of either belligerent shall enter any such port, roadstead, or waters subject to the territorial jurisdiction of the British Crown, such ship shall depart and put to sea within twenty-four hours after her entrance into any such port, roadstead, or waters, (6) except in case of stress of weather, or of her requiring provisions or things necessary for the subsistence of her crew, or repairs; *) in either of which cases the authorities of the port, or of the nearest port (as the case may be), shall require her to put to sea
as possible after the expiration of such
*) Der Text ist nicht eindeutig; der Erlaß der Vereinigten Staaten, der sonst den gleichen Wortlaut hat, sagt hier »or for repairs« (Nr. 24 Ziffer (6)).
period of twenty-four hours, without permitting her to take in supplies beyond Nr. 11 what may be necessary for her immediate use; (7) and no such vessel which may have ben allowed to remain within British waters for the purpose of repair shall continue in any such port, roadstead, or waters, for a longer period than twenty-four hours after her necessary repairs shall have been completed. (8)
(8) Provided, nevertheless, that in all cases in which there shall be any vessels (whether ships of war or merchant ships) of both the said belligerent parties in the same port, roadstead, or waters within the territorial jurisdiction of Her Majesty, there shall be an interval of not less than twentyfour hours between the departure therefrom of any such vessel (whether a ship of war or merchant ship) of the one belligerent, and the subsequent departure therefrom of any ship of war of the other belligerent; and the time hereby limited for the departure of such ships of war respectively shall always in case of necessity, be extended so far as may be requisite for giving effect to this proviso, but no further or otherwise.
Rule 3. (9) No ship of war of either belligerent shall hereafter be permitted, while in any such port, roadstead, or waters subject to the territorial jurisdiction of Her Majesty, to take in any supplies, except provisions and such other things as may be requisite for the subsistence of her crew, (10) and except so much coal only as may be sufficient to carry such vessel to the nearest port of her own country, or to some nearer destination, (11) and no coal shall again be supplied to any such ship of war in the same or any other port, roadstead, or waters subject to the territorial jurisdiction of Her Majesty, without special permission, until after the expiration of three months from the time when such coal may have been last supplied to her within British waters as aforesaid.
Rule 4. (12) Armed ships of either belligerent are interdicted from carrying prizes made by them into the ports, harbours, roadsteads or waters of the United Kingdom, the Isle of Man, the Channel Islands, or any of Her Majesty's Colonies or possessions abroad.
(13) The Governor or other chief authority of each of Her Majesty's territories or possessions beyond the seas shall forth with notify and publish the above Rules
Nr. 12. ist
, auf den Kriegsfall zugeschnitten, dieselbe wie die von 1898 (Nr. 10); der Ab-
Nr. 13. (Rundschreiben des Auswärtigen Amtes) sind ebenfalls die von 1898 [Nr. 11), aber ohne den Sag (16); in (10) ist statt » some nearer destination « gesagt »some nearer named neutral destination«.
Aus den Bekanntmachungen der britischen Kolonien (vergleiche Schlußlaß der Nr. 14. Neutralitätsregeln) sei die von Australien vom 12. Februar 1904 hier angeführt; sie vereinigt Neutralitätserklärung und Neutralitätsregeln.
(1) I, the Governor-General of the Commonwealth of Australia with the advice of the Executive Council, do by this my proclamation declare that a state of war unhappily exists between the Empire of Russia and the Empire Neutralitätserlasse.
Nr. 14. of Japan, and between the respective subjects of those Powers and other
inhabitants within those countries, territories, or dominions, and I do strictly charge and command all officers, civil, military and naval, and all other His Majesty's subjects in the Commonwealth of Australia, to observe strict neutrality in and during the aforesaid war, and to abstain from violating or contravening either the laws and statutes of the realm in this behalf or the law of nations in relation thereto, as they will answer to the contrary at their peril. (2) I do further direct that the instructions appended hereto, which were published for general information on the occasion of the war between the United States of America and Spain in the year 1898, mutatis mutandis be strictly observed in the case of the present war. I do further declare that the following rules are to be treated and observed as his Majesty's orders and directions:
Rule A. (3) No ships of war of either belligerent may use the waters as places for resort for warlike purposes or equipment, (4) or may leave British 'waters until 24 hours after any ship of the other belligerent, whether a ship of war or merchant ship.
Rule B. (5) Every such ship of war shall be required to put to sea within 24 hours after entrance, (6) unless in the event of stress of weather, or necessity for repairs or provisions, in which case it must leave as soon as possible (7) and certainly within 24 hours of the completion of repairs. (8) Rule B is subject to Rule A, and the time may be extended accordingly.
(9) I also notify that I have this day issued the following instructions, which are to be observed by all officers civil, military, and naval, and by all other His Majesty's subjects in the Commonwealth of Australia, namely: (10) No supplies to be allowed to any such ship as is included in the above rules, beyond provisions and subsistence for the crews necessary for immediate
(11) No coal beyond that to take her to the nearest port of her own country, or nearer named neutral destination. (12) No coal to the same ship in any British ports twice within three months. (13) No prize to be brought within British waters. (14) If any ship of either belligerent takes any coal under the rules, report by telegram immediately, in order that other ports may be notified. (15) If any exceptional or doubtful case arises under the rules, apply for instructions by telegraph.
Erlaß des Rolonialsekretärs vom 16. Februar 1904
zur Kontrolle der Kohlenregel. >> Referring to my telegram as to the coaling of vessels of belligerents, observe the following additional rules:
(1) During the continuation of hostilities, no coal should be supplied to warships of either belligerent power, except on the written authorisation of the competent port authorities, specifying the amount of coal which may be supplied.
(2) Before issuing any authorisation for the supplies of coal to any belligerent warship, the port authorities shall obtain a written declaration, duly signed by the officer commanding such warship, of the destination to which it is proceeding, and the amount of coal already on board.«
Nr. 16. Erlaß des Gouverneurs von Malta vom 13. August 1901.
(1) Whereas by Proclamation No. 1 of the 12th February 1904, by which certain provisions were made for the observance of strict neutrality in