TNAG-0505-FCO40-570-Review-of-narcotics-problem-in-Hong-Kong-1974 — Page 147

Enter &p. an Narcoliès

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4.

to see

Mr M R Eaton (Legal Advisers)

Reference...

DRAFT ARTICLES ON THE HIGH SEAS

1.

مصوبه

1. Wetton

We spoke

4/17

Li

Mr Wotton in HKIOD believes that the Hong Kong Government would be extremely interested in the inclusion in a new Convention on the High Seas of a provision allowing the stopping, boarding and inspection of vessels on the high seas under suspicion that they are engaged in illicit traffic in narcotic drugs. Existing provisions of international law do not give sufficient cover for this action to be taken, and the Hong Kong authorities suspect strongly that Thai trawlers have been engaged in this trade, but they have been unable to do anything to stop it.

2. I have checked with Ministry of Defence, who give as their preliminary response that they would be happy to see the Convention amended to include such a provision, although they would naturally wish to have detailed conversations with the Hong Kong authorities before actually taking action on the basis of it.

3. Accordingly I would suggest that the existing Article 21 ter might be amended to read as follows:

1. All States shall cooperate in the suppression of illicit traffic in narcotic drugs by ships on the high seas, contrary to international conventions.

2. Any State which has strong grounds for believing that a vessel is engaged in illicit traffic in narcotic drugs may, whatever the nationality of the vessel but provided that its tonnage is less than 500 tons, seize the illicit cargo. The State which carries out this seizure shall inform the State of nationality of the vessel in order that the latter State may institute proceedings against those responsible for the infractions.

3.

Any State having knowledge that a vessel flying its flag is engaged in illicit traffic in narcotic drugs, may request the cooperation of another State to put an end to this.

As you will see this text is a close translation of the French Article 1. I should be grateful to know urgently whether you, and the other addressees of this minute, would be satisfied with its inclusion in our draft articles.

3 July 1974

M J Williams

Marine and Transport Department Rm G 68/1 Ext G 84

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