ملف ١٣٥٥\ ١٩١٧ الجزء ٦ "اتفاقية تجارة الأسلحة: الاتفاقية المعدلة، ١٩٢٥" [ظ‎‎٥] (١٢٢٦/١٥)

9
of the Conference included a declaration by the signing delegates “that their
Governments .have the firm intention of applying strictly their internal laws
and regulations to prevent anything that might constitute a fraudulent
commerce in arms within the meaning of the said laws and regulations.”
'There is thus already a certain degree of international sanction, and, when
the Convention is ratified, there will be, more definitely, international sanction
for the exercise by the Government of India and its servants of all leo-al
powers to stop illicit and dangerous traffic in arms and ammunitions whiclTat
any stage falls within its jurisdiction.
4. In this country under a strict interpretation of the law as soon as a
vessel comes within the three-mile limit it is held to have imported its cargo ;
thereupon the customs authorities are entitled to seize any arms on board
• (other than those held by ships’ officers in accordance with recognised
regulations) which are not covered by an import permit from the Board of
iTrade. But those authorities would find it impossible to search, for this
purpose, every vessel using a British port; and they would not search any
vessel except upon very strong grounds, and after consultation with the
Foreign Office in cases in which the Foreign Office is concerned or likely to
be concerned. It maybe indeed taken as a rule that they would not act
without the concurrence and support of another department, which might be
any one of several offices according to the circumstances of the case. That
searches of vessels in transit are made by the customs authorities in British
ports is shown by the instances of discoveries of arms on such ships of which
•particulars are known to ^ our Excellency’s Government.
5. A twelvemonth ago, as Your Excellency’s Government was informed at
the time, I proposed to the Secretary of State for Foreign Affairs that a general
policy should be considered, and that the results of such consideration "should
be communicated to the Governments in the Empire, so that effective legal
Powers might be taken where necessary and clear instructions on a uniform
basis might be issued for the guidance of the officials who would be concerned
in enforcing the China Arms Embargo Agreement and other Conventions.
The proposal was not carried through, and no authoritative statement has been
made of policy applicable to the Empire as a whole. It may, however, be of
use to Your Excellency’s Government if I now state the principles which, after
consideration of the matter in Council, I hold may justly be followed in dealing
with the problem of illicit and dangerous cargoes of arms on vessels calling at
Indian ports. . &
0 . When there is good ground for believing that a vessel in an Indian port
has on boaid among its cargo arms or ammunition shipped or being transported
in contravention of the. terms of any international agreement or°convention ;
oi any arms or ammunition not declared in the ship’s papers and destined
eithei fot India itself or lor any country in which they may easily be used
against India or be reshipped in coasting vessels to Indian territory ; or any
aims oi ammunition in cases falsely marked as containing goods of some other
description and thus liable to be dangerous to persons on or near the ship or
to other ships or buildings in port; or any arms and ammunition brought into
the port lor any illegal purpose or in any illegal way, then the Government of
India ought to have, and to be prepared to exercise, the power to' search the
vessel and confiscate the offending goods. But in doing so the greatest care
and the greatest expedition should be used, so as to minimise interference
with lawful trade and the movements of ships. It therefore is desirable to
give the clearest possible instructions to the executive officers as to the
authoi ity which must be obtained before a search is begun, as to precautionary
action till orders are received, and as to the methods and extent of search in
■each case.
<. It will, | think, be found by Your Excellency’s Government that
ordinarily no search of a steamer employed in inter-continental trade should
be made without the order of a Government, though there might be an
occasional instance of flagrant breach of the law which would justify instant
action In the local officer. In considering whether an order should be made.