‘Persian Gulf Gazetteer. Part 1. Historical and political materials. Precis of Turkish expansion on the Arab littoral of the Persian Gulf and Hasa [Al-Hasa] and Katif [Al-Qaṭīf] affairs.’ [‎32] (44/160)

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British flag. She is, therefore, liable to be forfeited to Her Majesty under Spction 103 of 17
and 18 Vic., Cap. 104. Colonel Herbert should, I think, be called upon to report specifically as
to the nationality of the vessel ; and if she turns out to be Persian, Mr. Alison should be moved
to remonstrate and obtain orders forbidding the Governor of Mohamrah, or the owner, from
flying the British flag. If she persists in flying it, she should be confiscated."
The Hon'ble J. F. Stephen remarked
" The Section referred to is very difficult to construe, inasmuch as its terms would appear
to authorize the seizure by an English cruiser of a French ship which hoisted the English flag.
I do not think that this can be the meaning of the Act. It must, I think, be supposed that
the Act was meant to agree with the rules of international law, and by those rules nothing will
justify the seizure of a foreign vessel, except some act (such as running blockade, carrying
contraband of war, or the like) which is an offence against international law. The mere
assumption by a ship of one nation of the flag or national character of a different nation is not,
so far as I know, an international offence which would by itself warrant seizure, and the
municipal law of England would not extend, unless the very clearest intention to extend it was
apparent from its terms, to foreign ship?. Of course Parliament could pass a law that every
French ship which hoisted an English flag should be seized and forfeited ; but to do so would
be an act of war, and it cannot be supposed that it is the intention of the Merchant Shipping
Act to authorize such an act. 1 think, therefore, that the section must be read thus
*' If any person uses the British flag and assumes the British national character on board
any ship subject to thg law of England, owned in whole, or in part, by any persons not entitled
by law to own British ships for the purpose of making such ship appaar to be a British ship,
shall be forfeited to Her Majesty.
The following considerations favor this view :—Section 18 provides that ' no ship shall
be deemed a British ship' unless she belongs wholly to natural bom British subjects or
denizens. In a wider sense, a ship own*d by persons owing a temporary allegiance to the
Queen as residents in England, either in whole or in part, would be a British ship, and, as such,
would be liable to hostile capture. There is, therefore, a class of ships to which the section
would apply, vtz., British ships in the more general sense of the words, as opposed to Brifcish
ehips as defined by Section 18.
" In Phillimore's International Law, Volume IV, page 601, an account is given of
'those sections of the Merchant Shipping Act which bear in any degree upon questions o£
Maritime International law.'
"Section 103 is not mentioned but Sections 527 and 528, which authorize the arrest
of foreign ship under certain circumstances, are referred to. Those sections are in part
iis follows :— f Whenever any injury has, in any part of the world, been caused to any
property by any foreign ship, i£ at any time thereafter such ship is found in any port
or river of the United Kingdom, or within three miles of the coast thereof, the ship may be
detained. When foreign ships are referred to, care is taken to name them expressly, and to
confine the power of dealing with them to the case of their being within the Queen's jurisdic
tion/ • '
" Again, the section in question (103) exempts the ships referred to from seizure if
they hoist the British flag ' for the purpose of escaping capture by an enemy or by a foreign
ship of war in the exercise of some belligerent right/
" A ship would hardly wish to hoist the British flag (except as a stratagem, which I do
not think is the case intended) unless it was in some sense a British ship—a British ship, that
is, as against foreigners, though not within the meaning of the Merchant Shipping Act.'
u Finally, Part II of the Act applies, by Section 17, to ' the whole of Her Majesty's domi
nions/ Neither Bushire nor the shore of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , nor the High Seas are part of Her
Majesty's dominions. I think, therefore, that, even if the Section applied to the Snipe, she
ought not to be seized out of Her Majesty's dominions."
129. Colonel Herbert ascertained that the Snips was a registered British
vessel belonging to Messrs. David, Sassoon & Co. of Bombay. That firm, on
being asked for information with regard to the vessel, replied
We have to state that the Snipe was purchased in London by our firm there, on account
of Hajee Zainel Abadeen, a naturalized British subject, in accordance with his instructions. Our
firm registered the steamer in our name, and valued for the cost in bills in our favour with
instructions, when the bills are paid, to transfer the Snipe to his name. Hajee Zainel Abadeen
paid us the cost of the steamer by instalments up to November 1870, and on the 22nd of the
same month we made the bill of sale in his name, immediately after which the Snipe sailed
from Bombay, and returned only last month. W e, therefore, had no opportunity till now to
get the register made out in his name, which, however, has now been done."
130. The Commander of the vessel deposed :—
" The steamer is now registered in the name of Ruben David Sassoon, of London • a
Power of Attorney is held by the firm in Bombay. In October or November last she was