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FM HONG KONG
TO PRIORITY FCO
TELNO 834
OF 240946Z MAY 93
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PA UN file
15
100735
MDLIAN 4839
HKA 122/1
Kevin Orchard 3639
UN SANCTIONS AGAINST SERBIA AND MONTENEGRO: SHIPPING
1. GRATEFUL FOR AN EARLY RESPONSE TO PARA 2 OF OUR TELNO 820 AND TO OUR FAX TO ORCHARD DATED 20 MAY. WITH OVER 500 SHIPS ENTERING PORT EACH WEEK IT IS ALMOST INEVITABLE THAT MORE SUSPECT SHIPS WILL ARRIVE SHORTLY. WE NEED TO PUT IN PLACE THE APPROPRIATE MECHANISM FOR THEIR IMPOUNDING AS SOON AS POSSIBLE.
2. OUR LEGAL ADVISERS ARE NATURALLY RELUCTANT TO SUPPORT THE IMPOUNDING OF SHIPS SOLELY ON THE BASIS OF THE US TREASURY DEPARTMENT LIST FAXED TO US UNDER COVER OF ORCHARD'S FAX OF 20 MAY. AS FAR AS WE KNOW THE STATUS OF THIS LIST IS THAT IT IS SIMPLY AN ANNEX TO A US TREASURY PRESS RELEASE CIRCULATED FOR INFORMATION BY THE UN SECURITY COUNCIL.
3. IF YOUR LEGAL ADVISERS ARE CONTENT THAT IT'S STATUS IS SUFFICIENT TO FORM THE BASIS OF THE SECRETARY OF STATE'S CERTIFICATE UNDER ARTICLE 4(8) OF THE SERBIA AND MONTENEGRO (UNITED NATIONS SANCTIONS) ORDER 1993, THEN WE SHALL SIMILARLY ACCEPT IN RESPECT OF THE GOVERNOR'S CERTIFICATION UNDER THE EQUIVALENT REGULATION IN THE RESPECTIVE DEPENDENT TERRITORIES ORDER.
4. IN THE MEANTIME WE WILL CONTINUE TO HAVE TO RELY ON A SHIP'S REGISTRATION DOCUMENTS AS EVIDENCE OF ITS OWNERSHIP.
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5. WE SHALL ALSO NEED TO KNOW WHETHER SHIPS IN TRANSIT THROUGH HONG KONG WATERS ARE SUBJECT TO IMPOUNDING THIS MAY BECOME CLEAR ONCE THE DEFINITION OF QUOTE HARBOUR UNQUOTE IS AVAILABLE.
PATTEN
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