File 869/1904 Pt 2 'Arms Traffic: - Red Sea, Africa and Aden' [‎235r] (478/540)

M
No. 6275, dated the 12th October 1904
From—C
Acting 1 Secretary to the Government of
H. A. Hill, Esq., C.I.E.,
Bombay, Political Department,
To—The Secretary to the Government of India in the Foreign Department.
I am directed to state that, in connection with the seizure of a dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. with
arms and ammunition at Mokalla, an incident reported to the Government of
* See also letter No. 180-P., dated the nth August India in this Department letter * o. 2856,
1904 , from the Government of Bombay From c. 1668-1858, the East India Company’s administration in the city of Bombay [Mumbai] and western India. From 1858-1947, a subdivision of the British Raj. It was responsible for British relations with the Gulf and Red Sea regions. . dated the 29th April 1904, the Political
Resident, Aden, has drawn attention to the fact that the Aden Sea-traffic in
Arms Regulation, III of 1902, is defective, and that the penalties prescribed
therein are insufficient to act as a deterrent.
2. The Regulation was enacted to prevent illicit traffic in arms and
ammunition, and with this view certain restrictions were imposed upon the
movements of (1) vessels proceeding/mw Jden to any place on the African
and Arabian Coasts of the Gulf of Aden, and (2) vessels proceeding to Aden
from any such place. The imposition of these restrictions made it necessary
that the acts, which vessels proceeding from, Aden should do or refrain from
doing, should be as fully described as those which vessels proceeding to Aden
should do or refrain from doing; and that all the offences, corresponding to the
said performance or non-performance of acts, for which the owners and masters
of vessels proceeding from Aden are liable to punishment, should also be
clearly specified in the same way as otfences for which owners and masters of
vessels proceeding to Aden may be punished. Section 3, however, of the
Regulation, which prescribes the conditions to be fulfilled, refers only to vessels
departing or proceeding from Aden, while section 4, which imposes penalties,
deals mainly with vessels arriving at Aden.
3. In dealing with the particular seizure alluded to, the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency.
experienced no little difficulty in deciding under which section of the Regula
tion the accused could be charged. The offence was that of touching at ports
other than those specified in the port-clearance, and of carrying arms and
ammunition; that is to say, it was a violation of the conditions referred to in
clause 3 of section 3 of the Regulation. Section 4, however, provides no
penalties for such offences when committed by vessels departing from Aden.
Having regard to the intention of the legislature, it was necessary for the
Resident to bring the case within the purview of the Regulation. By adopting
the view that a port-clearance was as much a port-clearance for the port of
departure as for the port of destination, the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. , Aden, held
that the case was covered by sub-section (i) of section 4 of the Regulation,
inasmuch as the vessel having touched at ports not specified in the port-
clearance, practically sailed without, a port*clearance for those ports. Each of
the accused in the case was punished with a fine and with imprisonment
according to the measure of his guilt, and the enforcement was ordered of a
bond entered into by the Nakhoda of the dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. , whereby he had rendered
himself liable to a penalty of Rs. 900, if, after leaving Aden, he did not proceed
to the port to which he was bound without touching at any other port, or if he
allowed his vessel to be employed in carrying arms, etc., from any port or
place on the Arabian Coast to any port or place on the African Coast in the
Gulf of Aden. The fines inflicted, as well as the penalty of the bond, were
recovered from the proceeds of the sale of the dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. s cargo, which was
confiscated.
4 The view taken by the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. that the case was covered by
sab-section (I) of section 4 of the Eegulation is apparently an unjustfiable
strainin 0 * of the real meaning of that sub-section. The only obligation placed
on vessels departing Jrom Aden and not subsequently arrmng m that port
is the possession of a port-clearance, which is only granted under certain condr-
lions as shown in section 3 of the Eegulation. The absence of such a port-
clearance is an offence under section 4 (1), but this appears to be the only
0 ffence that could he committed in the ease of a vessel leaving Aden and not
4772 F. D.