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Controversy about the legality of the white-bordered union jack

by Martin Grieve

Use of the white-bordered Union Jack
British "National Colours"

Use of the white-bordered Union Jack

The so-called "pilot jack" is the UK's civil jack (originally formally established 1864) and as such is 'by convention' only generally worn in harbour but there is no reason in law why it cannot be also flown at sea. The convention started due to a change in the design of headsails in the 18th Century, which prevented from ships wearing the jack when under way. Before then a jack was worn as part of the normal suite of flags (or could be worn in the case of the merchant marine).
Christopher Southworth, 3 September 2003

The Order in Council of 9 July 1864 stated, "The Red Ensign and Union Jack with a White Border continuing as at present the national colours for all British Ships, ...". The 'Union Jack with a White Border' was included as the signal for a pilot, not as a jack. Has the white-bordered Union Jack been formally established as the UK civil jack ?
David Prothero, 4 September 2003

As I understand it, the phrase "national colors" when applied to ships means "ensign and jack." So when the order in council says the red ensign and white-bordered Union Jack are already the national colors for all British [civilian] ships, doesn't that mean the white-bordered Union Jack is already, i.e., even before the order in council, the [civilian] jack?
Joe McMillan, 4 Septem