Your reference: ESB CR 6/5061/93 (II)
Our reference:
UNP 122/329/21
ра HITA 122/
Foreign & Commonwealth
Office
60
19 July 1993
Mr AR Clark
Secretary for Economic Services
Government Secretariat
Lower Albert Road
Hong Kong
fax 002-852-877-0583
Dear Mr Clark
London SWIA 2AH
Telephone: 071-
270-3695
NKA 122/1
L2 AUG 1993
SANCTIONS AGAINST SERBIA AND MONTENEGRO
Thank you for your letter of 9 July, where you ask for further advice wether you are legally entitled to keep a ship impounded or to proceed with forfeiture. Mr Orchard sent your letter to our legal advisers for comment, in his absence I have been asked to pass on their comments.
Nothing said in our telno 559 indicated that we believed that you were entitled to proceed with forfeiture. We have no evidence that would justify forfeiture proceedings, but neither the SCR nor the order justifies release of the vessel. It must remain impounded. Impounding expenses may be recovered from the owner of the impounded ship: if the owner or agent does not pay expenses, there are no doubt provisions in Hong Kong law to allow recovery of expenses against the vessel itself. You also ask if there would be any difficulty with the vessel being sold to a third party purchaser, we see no problems but the purchase price will very likely have to be frozen.
If there are any questions left unanswered please contact Kevin Orchard of this department.
Your
Sincerely
"
J O'Shaughnessy
UND
cc: Ms A Bouch (HKD)
Ms A Lee (Govt. Sec) fax 002-852-521-8702