Opinion Number. 597

Subject

DETENTION OF MERCHANT VESSELS IN TIME OF WAR
NEUTRAL VESSEL DETAINED TO ENSURE SECRECY OF MILITARY PREPARATIONS-COMPENSATION FOR DETENTION

Date
Client
The Secretary, Department of Defence

A claim by the owner of the Norwegian vessel Vasco da Gama for £525 for seven days' detention at Fremantle by the Naval Authorities is forwarded by the Secretary, Department of Defence, for advice as to the liability of the Department.

From the attached correspondence it appears that the ship was detained by the Harbour-Master by instructions from H.M.S. Minotaur, and that the Harbour-Master was further instructed to ask the Government to pay compensation.

The detention was thus an exercise of the right of arret de prince, which is dealt with in paragraphs 30 to 33 of Secret Memoranda of the Committee of Imperial Defence, No. 446M, relating to the Treatment of Neutral and Enemy Merchant Ships in Time of War(1). It ought, according to Admiralty instructions, to be accompanied, when exercised, by liberal compensation.

[Vol. 13, p. 214]

(1)See endnote to Openion No. 543.