THE PAMIR

Otago Daily Times, Issue 24735, 11 October 1941, Page 10

THE PAMIR

ENEMY SAILING SHIP REQUISITIONED BY CROWN SEQUEL TO SEIZURE AS PRIZE <P.A.) CHRISTCHURCH. Ocl. 10. In chambers in the Supreme Court to-day, thq Chief Justice, Sir Michael Myers, granted an application for the release of the Finnish barque Pamir, which was seized as a prize at Wellington about a month ago, “on requisition to the Crown bn an undertaking in writing by the proper officer of the Crown for payment into court on behalf of the Crown of the appraisement value of the ship.’’ The Pamir is a barque belonging To the Erikson Line, Mariehamn, Finland. Mr A. E. Currie made the application on behalf of the Crown, Mr E. S. Parrv appeared for the owners of the vessel, and Mr J. F. B. Stevenson watched proceedings on behalf of the Wellington Harbour Board. Mr Currie said that the Crown, though 30 statutory days had expired, had not made application earlier because, although there was a prima facie case that the vessel was of enemy character, they had not sufficient evidence to ask the court to declare final condemnation. By international law a belligerent Power had the right to requisition enemy vessels In its Prize Court, which must determine the matter judicially. Owing to the dearth of shipping, the Pamir was required for national security. Those responsible for national security must be the best judges of what was required. The question to be decided was the enemy character of the vessel. The right of requisition must be determined by the Prize Court. He stated that the appraisers had fixed the value of the vessel at £7OOO or £8750, New Zealand currency.

Alleged Abuse of Procedure

Mr Parry, for the owners of the vessel, contended that the application was an abuse of prize procedure. The intention was to seize enemy vessels as prizes, but if, before proceedings were heard, a vessel was requisitioned by the Crown urgently, it would be presumed that there would be a genuine case for condemnation, which would be brought to hearing as soon as possible. , The Chief Justice; Finland is an enemy country. Mr Parry: There has been no declaration of war by Finland. The Crown might have rights against Finnish property, but this has nothing to do with prize procedure. Mr Currie said that his learned friend’s greatest objection was the lowness of the appraisement. The Crown wanted an order, and he offered that, if the present appraisement was set aside, the Crown would undertake to pay any difference between it and the new appraisement. I The Chief Justice said he had to assume that there was a case which might result in condemnation. , There was an affidavit from the proper officer that the ship was required for national isecurity purposes, and by that he was bound. .... Appraisement Questioned Mr Parry said that the only objection the owners had to the matter was that the ship had been valued at a figure that was extraordinarily low for this type of vessel. After counsel had conferred and submitted an agreement to the court, the Chief Justice made an order handing the vessel over to the Crown. The question of costs was reserved. This is the first occasion that a vessel has been seized as a prize in New Zealand.