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Telegram No.
with Hei 341/3
to
Tel/1C (Cont.)
THE TERMS OF
THE AMENDED ORDINANCE ARE SUCH THAT
SHIPOWNERS ARE FACED WITH DRACONIAN PENALTIES. TE
IN PRINCIPLE
WELCOME / THEREFORE
THE PROVISIONS
FOR PARTICULAR AND
GENERAL DEFENCE UNDER SECTIONS 37C
AND 37 I
RESPECTIVELY.
However
SECTION 37C (2) (d) INTRODUCES
A DEFENCE
FOR THE
THEY
CONSIDER
SHOULD Laste BE
AGENT OR SHIPOWNER WHICH WE
EQUALLY
AVAILABLE TO THE MASTER AND CREW MEMBERS.
THIS
IN THE BEST POSITION FOR
IT SEEMS SENSIBLE THAT THE LATTER SHOULD HAVE
DEFENCE SINCE THEY ARE INFORMING THE DIRECTOR OF THE PRESENCE ON BOARD OF
PROHIBITED IMMIGRANTS
SECTION 37) 37 I (1) INTRODUCES A DEFENCE WHICH
IS RELATED TO
THE
TRANSPORT OF
"PROHIBITED IMMIGRANTS"
TAKEN ON BOARD PURSUANT TO LEGAL OBLIGATIONS TO
THOSE IN DANGER OF BEING LOST AT SEA, WE
RESCUE THOSE
HAVE TWO POINTS TO RAISE :
A) DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE
MASTER AND SHIPOWNER
IT MAY WELL BE THAT THE
SHIP HAS REFUGEES ON BOARD WHEN ENTERING HONG KONG AS A SUBSEQUENT PORT OF CALL TO HER FIRST PORT OF CALL (WHETHER DEFINED AS FIRST SCHEDULED PORT OF CALL OR NEAREST FEASIBLE LANDING PLACE), AN EXAMPLE
11
IS NORSE VIKING WHOSE FIRST PORT OF CALL WAS
WHAMPOA.
THE CHINESE REFUSED DISEMBARKATION WAS AND
REFUGEES WERE
EVENTUALLY DISCHARGED IN JAPAN WHICH WAS THE SECOND SCHEDULED PORF OF CALL, WE WOULD LIKE TO SEE "FIRST PORT OF CALL" DELETED FROM
DO NOT TYPE ON REVERSE OF THIS FORM
Signature of Originator
EACH SHEET to be signed by the Originator
V819
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