C
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121415
MDHIAN 2943
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FM HONG KONG
TO IMMEDIATE FCO
TELNO 885
OF 011102Z JUNE 93
INFO IMMEDIATE WASHINGTON
INFO PRIORITY UKMIS NEW YORK, PEKING, SINGAPORE
HK TELNO 874: TO IMPOUND SERBIA AND MONTENEGRO SHIPS
SUMMARY
1. SHIP MV C BLANCO IMPOUNDED. EARLY GUIDANCE REQUIRED ON OUTSTANDING ISSUES, PARTICULARLY COVERING THE QUESTION OF
CARGOES, WHETHER WE CAN RELEASE THE UK LIST (YRTELNO 513) AND HOW TO HANDLE SHIPS WHICH APPEAR ON THE US LISTS BUT NOT ON THE UK
LIST.
DETAIL
2. MALTESE FLAG SHIP MV C BLANCO, WHICH APPEARS ON YOUR LIST OF VESSELS KNOWN TO BE CONNECTED WITH SERBIA OR MONTENEGRO, ENTERED HONG KONG WATERS AT 12:45 HOURS HONG KONG TIME TODAY. IT WAS IMPOUNDED AT 14:15.
3. THE CREW WERE FORMALLY DENIED PERMISSION TO LAND. THIS WILL FACILITATE THEIR ULTIMATE REPATRIATION BUT NOT IMPEDE THEIR ABILITY TO GO ASHORE IF NEED ARISES NOR HINDER THEIR PLANNED CREW CHANGE. WE HAVE INFORMED THE US CONSULATE GENERAL AND WILL BE INFORMING THE HONORARY CONSUL OF MALTA (THE FLAG STATE).
4. THERE WAS NO (NO) CARGO ON BOARD. EVEN IF THERE HAD BEEN, THE FACT THAT THE VESSEL IS CROSS TRADING MAKES IT UNLIKELY WE WOULD FIND ANYTHING CONNECTING THE CARGO WITH SERBIA OR MONTENEGRO. THE DEPENDENT TERRITORIES ORDER PROVIDES FOR FORFEITURE OF SHIPS AND CARGO BUT ONLY WHEN THE CONDITIONS UNDER ARTICLE 7 ARE SATISFIED. IN THE INTERPRETATION OF OUR LEGAL ADVISERS, WHEN CARGO HAS NOT BENE CARRIED IN VIOLATION OF THE UN RESOLUTIONS, IT MAY BE RELEASED TO ITS OWNERS ON OUR BEING SATISFIED THAT IT IS NOT INTENDED FOR IMPORT TO, OR IS AN EXPORT FROM, SERBIA OR MONTENEGRO. EVEN IF WE HAD GROUNDS TO SUSPECT THAT THE CARGO HAD BEEN CARRIED IN CONTRAVENTION OF UN RESOLUTIONS OUR POWERS TO INVESTIGATE ARE LIMITED FOR THE REASONS SET OUT IN PARA 3 OF TUR. GRATEFUL FOR EARLY ADVICE ON THESE POINTS.
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