This is a doubtful matter. The terms of the Hague Convention-'small boats employed in local trade'-are very vague. From the discussion at the Hague and the various proposals made there (Higgins, The Hague Peace Conferences, p. 404) it seems probable that the intention was to embrace what are described as 'ships and boats of small dimension, used in the transport of agricultural produce or of persons along the coasts, or between the coast and adjacent islands or in archipelagoes'. One of the proposals expressly refers to navigation of territorial waters and though the article as adopted is not limited to territorial waters, the suggestion gives a clue to the sort of thing under discussion.

In these circumstances, I am of opinion that the article applies to boats engaged in the petty trade of small and primitive communities. In the present case, the boats are engaged in ocean trade, covering, according to Major Mackenzie's report, hundreds of miles, and I understand that they are the means whereby the copra products of considerable commercial concerns are transmitted to a centre from which they are dispatched to Europe or Australia. I consider on the whole that they are not within the protection of the article and therefore if enemy owned are liable to capture and condemnation.

It is not stated in the case who are the German owners. They may be persons resident in places now in British possession, and may therefore claim that for this purpose they are British and not enemy subjects. I do not however consider that this contention would prevail.

[Vol. 14, p. 25]

(1) See Preface.