EASURY
CITOR
THE TREASURY SOLICITOR
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Please quote:
L92/4739/HS
Your reference:
MPCU 26/1/061
30 July 1992
Mr O Okuwobi
Marine Emergencies Administration
Division
Department of Transport
Room 6/1 Sunley House
90 High Holborn
Date:
LONDON WC1V 6LP
Dear Mr Okuwobi
"TRAMCO AMITY"
an alleged
Thank you for your letter dated 16 June 1992 enclosing the report from the Federal Republic of Germany concerning violation of Marpol by the above named vessel.
I regret I am unable to take any action in this matter as the United Kingdom authorities do not appear to have jurisdiction. The vessel is registered in Hong Kong, and, but for the points I make in the remainder of this letter, it would be appropriate for the file to be forwarded there.
The allegation against the "Tramco Amity" arises from the fact that on inspection of the ship, the German officials found an illegal by pass device allowing oily water mixture to go over the side of the vessel without passing through the oily water The evidence produced by the inspection separating equipment. in the Federal Republic of Germany does not establish, however, In addition, it is that this illegal discharge was ever used. now very nearly two years since these offences came to light and they could, and perhaps should have been prosecuted sooner.
There is, in addition, an argument that the Defendants could plead autrefois convict in relation to allegations against them (ie the Public Authorities the that
German as it appears
fines which were recovered from Prosecutor) imposed summary security deposits required of the Master and Chief Engineer. They could, in my view, raise as a Defence the Plea that they had already been sentenced for jurisdiction.
the
same
offence in
another
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