File 1355/1917 Pt 5 'Arms Traffic Convention.' [‎54r] (101/721)

X.. .X.’g x GOIIOaJTIC^ vised T.L.C.'s draft embodying
ocoixx)ndations and amendmonts
of P..-..C.
P ^PTICLB EO (continued)
verbal ovidence <continues to suspect the native vessel
if it is p]of engaging in tiio illicit conve^nce of
flc&vn and tliat t; a r;is or amramition*
recognised State
..rticio 14 refer: cases referred to in paragraph
for insertion be-1 (c) of this Article, if it is ascertained
18 y as a result of the visit made on board
"if it is the native vessel that whereas it flew
that the vessel n® flag, it was also not entitled to fly
shall, if that S the flag of a recognised State, the native
authority cf tha vessel, if carrying arms and ammunition,
by agreement bet shall be conducted to the nearest point
■tate :»hc.se flag ir the zone where there is a competent
shall r emain in authority or the Power to which the
the capturing vawarship which effected the capture
If it shbelonged, and shall bo handed ovorto
detained vessel such authority*
illicit conveyan
be brought beforThe illicit cargo of arms and ammunition
vessel sailed* shall be destroyed and the vessel and all
destroyed, and tes-rgo carried in a edition to the arms
arms a : .d am:united ammunition shall be seized by such
the enquiry* authority and disposed of according to
its own laws*
APIICLh 2 2 ARTICLE 21*
t 2 zIq 18 cf ct. -ermains G 0
_r Aclos 21 and 22 are t
ar in order to s implify the
I he authority before whom Th© authority before whom the suspected
3 ] has been brought shall ivessel has been brought shall institute a
iry in accordance v.ith the full enquiry in accordance with the laws
is country in the presence of his country in the presence of an officer
is capturing arship, of the detaining warship.
Id it is proved at this on
ir.od vessel shall remain at If, however owing to the duties upon
1 be brought before the coutot practicable for an officer of this
f id a v it sworn by the Commanding officer
Id it should be establishedie authority holding the enquiry in
3rnect, but that the vessel’fioer of the warship,
libion, those responsiblo s
3 lag the vessel sailed. If it is proved at this enquiry that
£0 of the authority directii that the vessel is entitled to fly the
( if that State is one of the H.C.P. be
of that State and in all other cases
;ween the State responsible for her
te is entitled to fly, and pending such
r of the authorities of the nationality
If it should be established that the use
i correct, but that the vessel was engaged
ammunition, those responsiblo shall be
1 under whoso flag tha vessel sailed. The
estroyod and tha vessel herself and her
munition, shall remain in charge cf the
17
'« CQlTOJTIOJsI.
proposed by British Delegation as
result of Interdepartmental
Conference,
^RTICiH 2Q (c ont irruod )
(12) Ccontinned)
verbal evidence of an officer of tho v/arship.
If it is proved at this enquiry tliat the flag lias been illegally
flov/n and that the vessel is not entitled to fly the flag of any
recognised State, the provisions of .article 14 shall apply” (pote, Ihe
..rticlo 14 referred to is the now article proposed by British 1 j olegation
for insertion botneen articles 17 and 18. Soe Column II against srticlo
18 )
"if it is proved tliat the flag has been illegally flam bait
that tlie vessel is entitled to fly the flag of a recognised State she
shall, if that State is one of tl.C.P,, be handed over to the nearest
authority of that State, and in all other cases shall be disposed of
by agreement between the State responsible for her detention and the
State :vhcse flag she is entitled to fly, and pending such agreement
shall r emain in the custody of the authority of the nationality of
the capturing warship.
If it should be established that the use of the flag by the
detained vessel '..as correct, but tliat the vessel y? as engaged in the
illicit conveyance of arms and ammunition, those responsible shall
be brought before the courts of the State under whose flag the
vessel sailed. The illicit arms and ammunitions shall be
destroyed, and the vessel herself and her cargo other than the said
arms and ammunitions shall remain in charge of the authority directing
the enpu iry,
hRIICLo 22 nKTICLS 22 ,
ti ile 18 cf ot, iermains Convention)
• g lides 21 and 22 are trans£->osed in this
nr in order to simplify the other columns,
he authority before whom tlie suspected
el has been brought shall institute a full
iry in accordance with the laws and rules
is country in the presence of an officer
he capturing arship,
I' it is proved at this ©nq> iry that the flag has been illegally flown, the
irmd vessel shall re via in at Hie disposal of tlie captor, and. those responsible
1 oe brought before the courts of his country,
it should be established that the used of the flag by the detained vessel
ornect, but that the vessel was engaged in the illicit conveyance of arms or
ni ion, those responsible shall be brought before the courts of the State under
e lag the vessel sailed. The vessel herself and her cargo shall remain in
go of the authority directing the inquiry.
The British Delegation proposed to
e body a revised form of this article
in their proposed n^rticle 2^ (see
amendment 12 Column II particle 20)
(a) Remarks of P.4.C t forwarded to Revised T.L.C , 1 s draft embodying
Council (see Annex 2, to P,AX. l s recommondations and amendments
report). of P. 4 .C.
(bj Remarks on (a) by British
Delegation.
(12) (b)
between Articles 17 and 18 (see
.Article 18 Column II) and tliat of
the British Delegation s proposals
for Article 2 q will be-found in
P.A.0. 1 s Articles 20 and 21. The '^5)
scope of the article has been
however considerably enlarged, yor
example under the P.A.C. r s Article
tiie Coim.ianQing officer of a 'warship
has the right to stop and visit a
native vessel flying the flag of a
recognised State who is not an H,C .P.
if he entertains certain suspicions
of her - tuis would never be accepted
and this article willrequire
further revision.
ARTICLE 20 (continued)
continues to suspect the native vessel
of engaging in the illicit conveyance of
arms or ammunition.
In tiie cases referred to in paragraph
1 (c) of this Article, if it is ascertained
as a result of the visit made on board
the native vessel that whereas it flew
no flag, it v/as also not entitled to fly
the flag of a recognised state, the native
vessel, if carrying arms and ammunition,
shall be conducted to the nearest point
in the zone where there is a competent
authority or the Power to which the
v/arship which effected the capture
belonged, and shall be handed over to
such authority.
The illicit cargo of arms and ammunition
shall be destroyed and the vessel and all
cargo carried in a edition to the arms
and ammunition shall be seized by such
authority and disposed of according to
its own lav/e *
ARTICLE 21,
(a) See (a) in this Colnim against The authority before whom the suspected
amendment 12 to iirti«le 2 q* vessel has been brought shall institute a
full enquiry in accordance with the lav/s
of his country in the presence of an officer
of the detaining warship.
If, however owing to the duties upon
which the warship is engaged, it is not practicable for an officer of this
warship to attend this enquiry, an affidavit sworn by the Commanding officer
of the warship shell be accepted by the authority holding the enquiry in
place of ihe verbal evidence of an officer of the warship.
If it is proved at this enquiry that
the flag has been illegally flown but that the vessel is entitled to fly the
flag of a recognised Sth-te she shall,if -that is one of the H.C.P. be
handed over to the nearest authority of that State and in all other cases
shall be disposed of by agreement between the State responsible for her
detention and the State whose flag she is entitled to fly, and pending such
agreement shall remain in the custody of the authorities of the nationality
of the detaining warship.
If it should be established that the use
of the flag by the detained vessel was correct, but that the vessel was engaged
in the illicit conveyance of arms and ammunition, those responsible shall be
brought before the courts of the State under whoso flag the vessel sailed. The
illicit arms and amriuniticn shall be destroyed and the vessel herself and her
cargo, other than the said arms and ammunition, shall remain in charge the
authority directing the enquiry.