28 at 7 45 p.m., put the passengers ashore and sent them to a clearance camp at Athlit, near Haifa, where the immigration officer signed a warrant of detention for them.
It was not disputed that the Asya was a Turkish vessel or that the appellant, the owner, was neither a Palestinian citizen nor domiciled or resident in Palestine, nor was he present in Palestine at any material time.
It must often happen that the owner of a ship forfeited under our own customs law of smuggling was out of the country altogether and might not even know that his vessel was employed in that way. 27, 1946, the Asya was sighted by a British destroyer, H. She was flying no flag when first sighted, but later hoisted a Turkish flag.
The object of the Ordinance was certainly not to "facilitate Jewish immigration," * and if it not only did not facilitate Jewish immigration but actually impeded it, it was impossible to say that the word "under suitable conditions," which followed, made any difference. There was no rule which would forbid the destroyer bringing her in to within the three-mile limit.
There still remained the consideration, of the utmost importance, of the conduct of the vessel. She ran up the Turkish flag when the boarding party approached, but that was pulled down and the Zionist flag hoisted in its place.
No ship's papers were produced, and he submitted that it would be impossible to contend as a matter of international law that what was done to this ship constituted any violation of her rights.
It would be difficult to hold that the exercise of the right to search and to bring in a vessel was excluded from the powers of the High Commissioner under the Order in Council.