HC Deb 07 April 1909 vol 3 cc1138-9
Mr. STEWART BOWLES

asked the Secretary of State for Foreign Affairs whether he can say how many trials and appeals are allowed in prize cases under the Declaration of London; and whether these trials and appeals are the same in number and character in the case of all the Powers signatory to this declaration?

The UNDER - SECRETARY for FOREIGN AFFAIRS (Mr. T.McKinnon Wood)

The Declaration of London sets out the rules of International Law in matters of prize. It does not deal in any way with the question of trials or appeals in such matters before prize courts or otherwise. The hon. Member probably intended to refer not to the Declaration of London, but to the Convention of The Hague for the establishment of an International Prize Court. Under the provisions of that Convention, appeals may be taken to the International Court from decisions given in either the Supreme Courts or the Courts of Lower Instance of the several signatory States, according as the municipal legislation of each State may provide. The Convention limits the number of Instances through which a case may pass in the national courts to two, and provides, further, that if after a lapse of two years the proceedings in the national courts have not terminated, then the case may be taken direct to the International Court.

Mr. BOWLES

Then may we understand that the number of trials and appeals allowed to which the hon. Gentleman referred are the same for each of the signatory Powers?

Mr. T. McKINNON WOOD

They may vary according as the municipal legislation of each State varies.

Mr. BOWLES

Do I understand that the proceedings of the country of origin must be limited to two?

Mr. T. McKINNON WOOD

That is so.

Mr. BOWLES

asked the Secretary of State for Foreign Affairs whether he is aware that by the United States Constitution the power to make rules concerning capture on land and water, and to define and punish offences against the law of nations, is vested not in the President, but in Congress; and can he say whether it is proposed to submit to the United States Congress the Declaration of London of 26th February, 1909?

Mr. T. McKINNON WOOD

The United States Government have authorised the signature of the Declaration. It is for that Government to decide what steps must be taken in order that the Declaration may be ratified by the President. I have no present information as to their intentions in this matter.