guarantees of resettlement which has led to wide differences in delay suffered by ships. Indeed in the case of flag of convenience ships whilst no case can be made that such ships are reluctant to render assistance - the ability of these flag states to negotiate disembark- ation is very limited. To some extent this has been ameliorated by the willingness of states where the owners of FOC ships are resident to negotiate on their behalf.
Search and rescue
17. Only the French hospital ship has been active to date. The motives behind this project, and others being mooted, are humanitar- ian and deserve to be applauded. However, the difficulties associated with such a concept are first that it can only result in stimulating the flow of boat people and secondly that to be effective it requires a guarantee of immediate resettlement by the flag state rather than a guarantee of last resort. The financial implications for governments and the UNHCR also have to be considered.
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Refugee-running
18. Hong Kong is considering the introduction of draconian legislation in
an attempt to reduce this problem. Provision would be made to distinguish between ships calling at Hong Kong as first port of call with refugees rescued at sea and ships chartered-in for the express purpose of trafficking in refugees. The onus of proof of rescue
would most probably be on the shipowner.
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OWARNS
19. Chartered ships have often been registered under flags of convenience.
There is little indication of the nationality of the carriers or of the state in which they are resident.
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