NAIM MOLVAN v. ATTORNEY-GENERAL FOR PALESTINE. [THE "ASYA."]

(1947) 81 Ll.L.Rep. 277

JUDICIAL COMMITTEEOF THE PRIVY COUNCIL.

Before Lord Simonds, Lord Morton of Henryton and Sir Chettur Madhavan Nair.

Palestine-Illegal immigration-Forfeiture of vessel in accordance with Immigration Ordinance - Legality - Repugnancy to Palestine Mandate-Ship with illegal immigrants on board sighted by British naval vessel outside Palestinian territorial waters -Ship flying no flag when sighted- Turkish flag hoisted later but hauled down when boarding party approached, when Zionist flag was hoisted-Ship escorted to Palestinian port, where passengers were landed and sent to clearance camp-Application for forfeiture of ship granted by District Court of Haifa-Decision upheld by Supreme Court of Palestine-Appeal by owner-Validity of Ordinance under which application for forfeiture was granted-Whether repugnant to Mandate -Owner not a Palestinian subject nor resident in Palestine - Immigration Ordinance, No. 5 of 1941 (as amended by Defence Regulations, 1945), Sect. 12: (3) (i) for the purposes of this subsection- (b) . . . the master, owner and agent of a vessel . . . are all deemed to have abetted the unlawful immigration of any person . . . who is proved to have been on board the vessel . . . in Palestine or the territorial waters thereof, whether that person or the vessel . . . came there voluntarily or not, unless it is proved- (1) that that person did not enter or attempt to enter Palestine and did not intend so to do. . . .

Whether Ordinance offended against established principles of international law -"Freedom of the open sea"-Penalty imposed upon persons neither Palestinian subjects nor resident in Palestine.