CONFIDENTIAL
See (62
46.
GR 150
CONFIDENTIAL
FM FCO 05190OZ JAN 79
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 13 OF 5 JANUARY
(37)
YOUR TELEGRAM NO 37: HUEY FONG
HKK 243/1
RECEIVED IN REGISTRY NO. 51
DESK
INDEX
No
#
8 JAN 1979
OF THE MERCHANT
1. YOUR PROPOSED WORDING OF NEW SECTION 34A(1) SHIPPING ORDINANCE PROVIDES FOR THE FORFEITURE OF A SHIP WHERE THE OWNER OR MASTER IS QUOTE GUILTY UNQUOTE OF AN OFFENCE WHETHER OR NOT HE IS CONVICTED OF IT. OUR SUGGESTED AMENDMENT WAS INTENDED TO GET ROUND THE DIFFICULTY OF PROVING GUILT IN THE ABSENCE OF CONVICTION. IN THE LIGHT OF YOUR EXPLANATION THE LEGAL ADVISERS HAVE AGREED TO DROP THIS PROPOSAL, BUT SUGGEST THAT YOU CONSIDER SUBSTITUTING QUOTE WHERE THE OWNER OR MASTER HAS COMMITTED AN OFFENCE UNQUOTE
FOR QUOTE WHERE THE OWNER OR MASTER .... IS GUILTY OF AN OFFENCE UNQUOTE.
2. WE HAVE NO OBJECTION TO THE PROPOSED INCREASES IN PENALTIES (PARAGRAPH 3 OF YOUR TELEGRAM UNDER REFERENCE).
OWEN
:
FILES
HE & GD (6)
UND
MAED
MVD
SEAD
NEWS D
PS
PS/LORD GORONWY-ROBERTS
FS/MR LUARD
PS/PUS
SIR A DUFF
MR CORTAZZI
MR WEIR
CONFIDENTIAL