10-JUL-1993 10:14
PORT DEVELOPMENT BOARD
+ 852 877 0583
P.01
布政司署
香港下亞風單 逍
**2* Our Råf : ESB CR 6/5061/93 (II)
來雨腐 YOUR REF:
Mr Orchand
GOVERNMENT SECRETARIAT
LOWER ALBERT ROAD
MONG KONG
But
Mr K J Orchard
You should consult legal advises. Our Fax: (852) 877 0583
my feeling
>>:
:) they there are in suffs went ground for forfesten
But The shops should be hept impounded
على عليه
United Nations Department) Grt to be recovered by sellony assete from on July 1993
Foreign and Commonwealth Office
London SW1A 2AH
United Kingdom
Dear
In cronova
venet, or the venel.
Mr Pollis. Excen reverse to be put
Sorem account
unexpected. What
do
you'll
we should tell them
Not
think
to do?
1/0 12/7.
Sanctions Against Serbia and Montenegro
In
our
telegram 914 of
4 June 1993, we sought your advice on what should be done about the impounded ship, C. Blanco. The advice given in your telegram 559 of 8.6.1993 seems to suggest that we are legally entitled to keep the ship impounded or to
proceed with forfeiture on the sole basis that UK sanction list.
the ship is on the
We have since examined the issue very carefully with our legal advisers. They consider that in order to proceed with forfeiture, Article 7(1)(a) of the Order requires that the ship has been operated in violation of the relevant United Nations (UN) Security Council resolutions. The ship C. Blanco has been impounded under Article 4(7)(a) of the United Nations (Serbia and Montenegro Sanctions) (Dependent Terriroties) Order for being owned or effectively controlled by a person connected with Serbia or Montenegro.
'Violation
of the United Nations resolutions' is
defined in Article 2 of the Dependent Territories Order. Essentially, a violation involves a contravention of the prohibitions on the import and export of certain goods, supply of services,
or operation ог use of ships, goods vehicles or aircraft in relation to the former Yugoslavia or parts thereof, imposed by Security Council resolutions 757/92, 787/92 and 820/93, whether they have been enshrined in the law of Hong Kong or any other country or territory or not. The ultimate legal authority for forfeiture is to be found in paragraph 24 of SCR 820/93.