Search and Rescue
8. The region is not noted for active coastguard surveillance and there is no evidence that the littoral states have sought to patrol territorial waters searching for those in distress. Quite the contrary. On the other hand a French hospital ship is deployed in the area and it is probable that a small naval task force will be sent by the Italians for the purpose of search and rescue. A UK charitable trust has taken soundings on the Baltic Exchange for chartering a suitable ship for a similar purpose.
Refugee running
9. Apart from small craft larger ships have been chartered by unscrupulous racketeers for the express purpose of running refugees to a port of sanctuary. Hong Kong has been particularly affected by this traffic whether by ships which enter the harbour or stand off in international waters and allow the refugees to be ferried
ashore.
10. This is a separate issue but nevertheless needs to be taken into account when considering the first port of call principle.
Adherence to Relevant Conventions
11.
Amongst the major maritime nations, Liberia, Panama and China are not parties to the Brussels Convention on Assistance and Salvage at Sea or the Geneva High Seas Convention. In addition, Liberia has not signed the Safety of Life at Sea (SOLAS) 1960 but she is a party to the 1974 SOLAS Convention.
1
12. Flag states who are parties to the Convention have an obligation to ensure that masters of ships of their registry comply with the provisions of the Conventions. The extent to which flag states carry out this obligation varies. There have been cases where ship owners have instructed masters to avoid picking up refugees and the flag state has taken no action.
/II DEFICIENCIES