THE NEW ZEALAND MERCANTILE FLAG. TO THE EDITOR.

Evening Post, Volume LXX, Issue 37, 12 August 1905, Page 15

THE NEW ZEALAND MERCANTILE FLAG. TO THE EDITOR.

Sir — Apropos of the agitation for the ■harmonising of. shipping law throughout His Majesty's dominions, and your recent articles thereanent, section 341 of the New Zealand Shipping and Seamen Act, 1903, says: — "The red ensign ,usually worn by merchant ships, with the addition on the n> thereof of the Southern Cross as represented by four five-pointed white stars and without any defacement or modification, is hereby declared to be the proper colours for all merchant ships registered in New Zealand." And there it seems to stop, without providing maohinery for the enforcement of its provisions or penalty for their breach. At s least, no such flag is yet to be seen float? ing on any New Zealand-registered vessels ir our port^ notwithstanding that the Act has now been for some time in full operation. 'Now, if the section cited does not mean business, ■ the sections of the Imperial Merchant Shipping Act, 1894, which it presumably supersedes, most surely do. Section 73 says:— "(l) The red ensign usually worn by merchant ships, without any defacement or modification whatsoever, is hereby declared to be the proper national colours for all ships and boats belonging to any British subject, except in the case of Her Majesty'B ships or boats, in in the case of any other ahip or boat for the time being allowed to wear any other national colours in pursuance of a warrant from Her Majesty or from the Admiralty. (2) If any distinctive national colours except such red ensign . . . ;s (hoisted on board any ship or boat belong to any British subject (without warrant) . . ,'s. the master of the chip or boat, or the owner thereof, if on board the same, and every other perhon hoisting such colours shall for each offence incur a fine not; cxI ceeding five .hundred pounds.". Any naval or mi.itaty full-pay commissioned officer or any "officer of Customs in Her Mar jesty'a dominions," or any British coneular officer, may board such ship and confiscate such flag. Section 74 provides a penalty of £100 should the master of a ship belonging to any British subject fail to hoist "the red ensign usually worn by merchant ships, without any defacement or modification whatsoever" (1) on a signal 'Wing made by one of Her Majesty's ships, (2) on entering or leaving any foreign port, and (3) if over 50 tons gross tonnage, on entering or leaving any British port. Now, sir, perhaps you or some correspondent may be able to elucidate the following points.- — 1. Does section 341 of the Shipping and. Seamen Act, 1903, lay down the law as to the description of flag to be worn by New Zealand-registered vessels? 2. Is there any machinery to en/orce. its provisions or punish their breach?,, If not, why not? * ' 3. If sections 73 ' and 74 of the Merchant Shipping Act, 1894,- still operate on New Zealand-registered ships (on the ground of their being British ships) in any part of the world, wouldn't it bo •wise to carry both flags, and give whatever conflicting authority accosted you a flick ot the one they preferred? Which all goes to show the necessity of a common understanding being arrived at between the constituent parts of the British Empire in the law on matters maritime. — I am, etc., 808 STAY. Wellington, 7lh August.

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