TNAG-0894-FCO40-1104-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 69

BRUSSELS CONVENTION

1910

Article 11

Every master is bound, so far as he can do so without serious danger to his vessel, her crew and hor pastongeni, to render assistance to everybody, even though an enemy, fond at sea in danger of being lost.

The owner of a vessel ineuis no liability by reason of contravention of the above provision.

GENEVA CONVENTION

1958

ARTICLE 12

1. Every State shall require the master of a ship sailing under its flag. in so far as he can do so without serious danger to the ship, the crew or the passengers,

(a) To render assistance to any person found at sea in danger of being lost; (b) To proceed with all possible speed to the rescue of persons in distress if informed of their need of assistance, in so far as such action may reasonably be expected of him;

(c) After a collision, to render assistance to the other ship, her crew and her passengers and, where possible, to inform the other ship of the name of his own ship, her port of registry and the nearest port at which she will call.

2. Every coastal State shall promote the establishment and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and-where circumstances so require-by way of mutual regional arrangements co-operate with neighbouring States for this purpose..

SAFETY OF LIFE AT SEA LONDON

1960

Regulation 10

J

Distress Messages-Obligations and Procedures

(a) The master of a ship at sea, on receiving a signal from any source that a ship or aircraft or survival craft thereof is in distress, is bound to proceed with all speed to the assistance of the persons in distress informing them if possible that he is doing so. If he is unable or. in the special circumstances pf the case, considers it unreasonable or unnecessary to proceed to their assistance, he must enter in the logbook the reason for failing to proceed to the assistance of the persons in distress.

(b) The master of a ship in distress, after consultation, so far as may be possible, with the masters of the ships which answer his call for assistance, has the right to requisition such one or more of those ships as he considers best able to render assistance, and it shall be the duty of the master or masters of the ship or ships requisitioned to comply with the requisition by continuing to proceed with all speed to the assistance of persons in distress.

(c) The master of a ship shall be released from the obligation imposed by paragraph (a) of this Regulation when he learns that one or more ships other than his own have been requisitioned and are complying with the requisition.

(d) The master of a ship shall be released from the obligation imposed by paragraph (a) of this Regulation, and, if his ship has been requisitioned. from the obligation imposed by paragraph (b) of this Regulation, if he is informed by the persons in distress or by the master of another ship which has reached such persons that assistance is no longer necessary.

(e) The provisions of this Regulation do not prejudice the Internationai Convention for the unification of certain rules with regard to Assistance and Salvage at Sea, signed at Brussels on the 23rd September. 1910. particularly the obligation to render assistance imposed by Article 11 of that Convention.

ANNEX