ESSENTIAL FACTS
CONFIDENTIAL
Shipowners' Losses
1.
The losses associated with rescuing refugees can be very
substantial and the risk is considered uninsurable. It might
on balance suit our national interests to propose or support
ideas for an international fund to provide compensation. Apart
from the obvious problem of funding (and finding the UK contri-
bution), however, such ideas would give rise to the response
that the major losses are incurred only when the Flag State is
slow to provide any guarantees that may be required to ensure
disembarkation at the first port of call. In any case, if the
measures proposed in Part II are accepted, the problem of loss
should become much less acute.
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2. The proposal in Part II, paragraph 5 (ii), is designed to
counteract provisions in some charter parties that losses due
to delay when a ship has picked up refugees, as distinct from
survivors of shipwreck, etc., should fall on the shipowner. Such
provisions impose additional pressures on the Master to ignore
his obligations to render assistance.
Refugee-Running
3. Hong Kong is considering the introduction of legislation
in an attempt to reduce this problem. Provision would be made
to distinguish between ships calling at Hong Kong as first port
of call with refugees rescued at sea and ships chartered-in for
the express purpose of trafficking in refugecs. The onus of
proof of rescue would be on the ship's owner, Captain, crew and agent.
CONFIDENTIAL
/UNHCR