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APPENDIX.

A TRANSLATION OF THE JAPANESE REGULATIONS GOVERNING CAPTURES AT SEA, WHICH WERE PUBLISHED MARCH 7, 1904, WITH AN AMENDMENT TO THE LIST OF

CONTRABAND PUBLISHED

FEBRUARY 9, 1905.

189

JAPANESE REGULATIONS GOVERNING

CAPTURES AT SEA.

Regulations governing captures at sea have been settled as follows, and shall be enforced from the fifteenth day of the third month of the thirty-seventh year of Meiji (March 15, 1904).

GENERAL HEADQUARTERS, Seventh day of the third month of the thirty-seventh year of Meiji.

REGULATIONS GOVERNING CAPTURES AT SEA.

CHAPTER 1.-General rules.

ARTICLE I. H. I. J. M.'s ships are authorized in time of war to visit, search, and capture vessels according to these regulations.

Art. II. No visit, search, or capture shall be made in neutral waters nor in waters clearly placed by treaty stipulations outside the zone of hostile operations.

Art. III. The national character of a person shall be decided by the place of his actual residence, whatever his nationality may be.

ART. IV. By the place of residence is meant the place where a person permanently lives; in the case of a merchant, the place where he principally carries on his business; and in the case of a consul who is engaged in mercantile business, the place where he carried on that business.

Art. V. The district temporarily occupied by the enemy shall not be considered enemy territory in respect to the national character of persons, chips, and their cargoes.

ART. VI. The following are enemy vessels:

1. Vessels employed by the enemy, including the case in which such employment is compulsory.

2. Vessels voyaging under the enemy's flag or with license of the enemy.

3. Vessels, the whole or part of which is owned by the enemy State or its subjects. Vessels that have certificates of nationality as Japanese, or that voyage under the license of Japan, do not, however come under this rule.

4. Vessels, the ownership of which has been transferred before the war, but in expectation of its outbreak or during the war, by the enemy State or its subjects to persons having residence in Japan or a neutral State, unless there is proof of a complete and bona fide transfer of ownership.

In case the ownership of a vessel is transferred during its voyage, and actual delivery is not effected, such transfer of ownership shall not be considered as complete and bona fide.

Art. VII. Japanese vessels are those which are mentioned below and which do not come under the preceding article:

1. Those which have the certificate of nationality of the Empire or those which voyage under the license of the Imperial Government.

2. Vessels owned by persons who have residence in the Empire.

3. A vessel, the ownership of which has been transferred before the war but in expectation of its outbreak or during the war by a person who has residence in the Empire to a person who has residence in a neutral State, unless there is proof of a bona fide and complete transfer of the ownership of the vessel.

In case the ownership of a vessel is transferred during its voyage, and its delivery is not effected, such transfer shall not be considered as bona fide and complete.

Art. VIII. The national character of a cargo shall be decided by the national character of the owner.

ART. IX. In the following cases the cargo shall be considered enemy property, in spite of the above regulations:

1. A cargo consigned before the war but in expectation of its outbreak or during the war by a person who has residence in the Empire or in a neutral State or by his representative to the enemy State or to a subject of the enemy State or to his representative.

2. A cargo, the ownership of which has been transferred before the war but in expectation of its outbreak or during the war by the enemy State or its subject to a person who has a residence in the Empire or in a neutral State, unless there is proof of full and bona fide transfer.

In case the ownership of a cargo is transferred during a voyage, and actual delivery is not effected, such transfer shall not be considered bona fide and full.

Art. X. Concerning matters not provided for in the law, treaties, and these regulations, the rules of international law shall be applied.

CHAPTER II.-Contraband persons, papers, and goods. Art. XI. Contraband persons are the enemy's military men and others who are being transported to be employed for hostile purposes.

Art. XII. Contrahand papers are all official correspendence of the officers of the enemy's Government.

Official correspondence between the enemy's Government and its ministers and consuls residing in neutral States, and official correspondence between the enemy's Government and the Government of neutral States are not, however, contraband,

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ART. XIII. The following goods are contraband of war when they are destined to the enemy's territory or to the enemy's army or navy:

Arms, ammunition, explosives, and materials (including also lead, saltpeter, sulphur, etc.), and machines for manufacturing them, cement, uniforms and equipment for army and navy, armor plates, materials for building ships and their equipments, and all articles to be used solely for hostile purposes.

Art. XIV. The following goods are contraband of war in case they are destined to the enemy's army or navy, or in case they are destined to the enemy's territory and from the landing place it can be inferred that they are intended for military purposes:

Provisions and drinks, clothing and materials for clothing, a horses, harnesses, fodder, wheeled vehicles, coal, and other kinds of fuel, a timber, currency, gold and silver bullion, materials for telegraph, telephone, and railroad.

Art. XV. The destination of a vessel is generally considered as also the destination of her cargo.

Art. XVI. In case a vessel is bound for a place not in the enemy's territory, but if her intermediate port of call is an enemy's port, or in case there is reason to believe the vessel is to meet enemy's ships during the voyage, the destination of such vessels shall be considered as enemy's territory.

ART. XVII. If a vessel bound for a port not in the enemy's territory carries a cargo which there is reason to believe is to be transported to the enemy's territory, such voyage shall be considered as continuous and the ship as destined to the enemy's territory from the first, whether she arrive at the port and land her cargo or not.

ART. XVIII. Of the goods mentioned in Articles XIII and XIV, if it is clear from their quantity and quality that they are intended for the vessel's own use. such goods shall not be considered contraband of war.

Art. XIX. If any vessel is suspected to have in her cargo contraband of war the captain of the war vessel shall inspect the bill of lading, clearance, and other papers, interrogate the crew of the vessel, and ascertain her destination.

CHAPTER III. --Ship’s papers. Art. XX. Ship’s papers generally consist of the following documents:

1. Certificate of nationality of the vessel. - This document is a certificate issued by the register officer of the port where the vessel is registered, and generally contains the name and tonnage of the vessel, the name of the master, details of how the vessel came into the possession of the present owner, and the name, nationality, etc., of the registered owner.

a The words in italics were added to the Regulations by an amendment of February 9, 1905.

16843-06-13

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