The Hermes and Other Structures

Subject Matter

SHIPPING — Prize — Occupation of German ports during hostilities — Vessels in various stages of construction in building yards — Informal seizure — Formal seizure after surrender of Germany — Whether act of conscious volition to seize on capture of port essential — Whether subjects of maritime prize — Effect of enemy capitulation on right in prize.

[1951] P 347, PDA

SHIPPING — Prize — Capture of enemy ports — Partly built vessels — Physical capture a taking in prize — Intention to seize gives jurisdiction — Uncompleted vessel, not capable of floating, a maritime prize — Continuance of right of seizure after unconditional surrender of enemy High Command.

[1953] AC 232, PC