Telegram No.
to
Tel/1C (Cont.)
THE DRAFT LEGISLATION SINCE ITS INCLUSION
CONSIDERABLE BURDEN ON SHIPOWNERS.
PRIRASE
INCLUDED (opetused
371 (3)(b) ARE
COULD PLACE A
IN THE EVENT
THAT THE
WE SUGGEST THAT THE DEFINITIONS AT
DRAFTED AS
ALTERNATIVES RATHER THAN
A DOUBLE CRITERIA
AS AT PRESENT.
B) SECTION 37 (I) (2) PLACES THE
BURDEN OF PROOF ON
THE SHIPOWNER
CLEARLY
THIS IS NOT ONLY
IN
•
CONTRADICTON
of OF THE
BRINGS FORWARD THE
GENERAL PRESUMPTION OF INNOCENCE
BUT ALSO PLACE A PRACTICAL PROBLEM OF
CRITERIA FOR PROOF.
DECIDING THE
DOT CONSIDERS
THIS PROVISION
TO BE HIGHLY OBJECTIONABLE, IN THE EVENT THAT IT IS
ACCEPTED WE SUGGEST THAT THE PROVISOS AT
2(a) (b) (c) SHOULD BE DRAFTED
AS ALTERNATIVES
RATHER THAN TRIPLE CRITERIA AS AT PRESENT.
DO NOT TYPE ON REVERSE OF THIS FORM
Signature of Originator
EACH SHEET to be signed by the Originator
V819