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Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’ [118r] (235/691)
The record is made up of 1 file (343 folios). It was created in 29 Oct 1927-10 Feb 1938. It was written in English and French. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
she was not protected from condemnation, although she might
be entitled to fly a neutral flag* ^.tyohides being a
person of enemy character in pris&e Law, his vessel fell
under this head, and in recording their view that "he
"continued to act exactly as before" the privy Council
no doubt regarded the transfer as of mala fid^s and as
made to evade the consequences to which an enemy vessel
as such is exposed*
The case of the "Proton" being the leading one in
this connection, it is of interest to note professor
Pearce Higgin8 , comment upon it in an introductory
Chapter he wrote to a reoent work "A Treatise on the Law of
"Prise" (by C*J* Colombos, 1926)* Speaking there of the
iaaora , Hakan and 1roton , he says:- "In the two latter
"the Iftrlse Court expressly declined to enforce provisions
"of the declaration of ,ondoa, which they held were
"not in conformity with International Law; these
"decisions ultimately led the Oovemment to withdraw the
")rders in Council bringing into operation the declaration
"of London* Incidentally they showed •.•*.. in tne
"Proton that the rule for determining the enemy character
"of a ship laid down by the joeclarati in of London
"was contrary to the unbroken practice of the British
"and American Prise Courts, and could not be construed
"as a mitigation of belligerent rights in conformity
"with the principle laid down in the Samora Judgment”.
The divergence would seem however to be Less in
tne intent of Article t>H of the Leolaration of Ciondon,
as expressed in the first sentence of it, than in the
tests provided in the remaind r of it, which, according
About this item
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Correspondence, reports and other papers relating to the case of the SS Kara Deniz , a Turkish-owned steamship that was claimed as prize by the British Government at the moment of the Ottoman Empire’s entry into the First World War, while the vessel was moored at Bombay [Mumbai]. The papers focus on a financial claim made against the British Government by the vessel’s Greek owners, Socrates Atychides and Theodore Vahratoglou, based on the argument that the vessel had been sold to Persian owners before it was claimed as prize.
The file includes: correspondence beginning in 1927 and exchanged between the Foreign Office, India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. and Government of India, responding to the Government of Persia’s desire to conclude the claim being pursued by Atychides against the British Government; discussion of whether the Kara Deniz was detained prior to or after the Ottoman Empire’s entry into the War; accounts detailing the seizure of the Kara Deniz , including a 1928 note entitled ‘A brief account of the circumstances attending the alleged detention at Bombay of the S. S. “Kara Deniz” prior to her capture as a prize vessel in 1914’ (ff 323-330), and another note entitled ‘Diary of certain events relating to the detention of the S. S. “Kara Deniz” at Bombay in 1914” (ff 151-152); copies of correspondence (some in French) from Atychides; a printed copy of the court proceedings at the High Court of Judicature at Bombay, Admiralty and Vice-Admiralty Jurisdiction, entitled ‘Case No. 3 of 1914. In Prize. Steamship “Kara Deniz.”’ (ff 189-246); discussion of the claim in relation to other outstanding claims and disputes to be settled between the British and Persian Governments; a report prepared by HM Envoy Extraordinary and Minister Plenipotentiary A diplomatic representative who ranks below an ambassador. The term can be shortened to 'envoy'. at Tehran, Reginald Hervey Hoare, dated 1935, entitled ‘British claims against Persia’ (ff 84-109).
- Extent and format
- 1 file (343 folios)
- Arrangement
The papers are arranged in approximate chronological order from the rear to the front of the file.
- Physical characteristics
Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 345; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.
- Written in
- English and French in Latin script View the complete information for this record
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Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’ [118r] (235/691), British Library: India Office Records and Private Papers, IOR/L/PS/12/3501, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066723404.0x000026> [accessed 24 April 2024]
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- Reference
- IOR/L/PS/12/3501
- Title
- Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’
- Pages
- 118r:119v
- Author
- Higgins, Alexander Pearce
- Usage terms
- Public Domain