RESTRICTED
MDLIAN
125640
446
STRAITS OR ARCHIPELAGIC WATERS.
PIRACY AS SUCH RELATES TO ACTS
COMMITTED ON THE HIGH SEAS, YET PIRACY-LIKE ACTS WITHIN TERRITORIAL SEAS CLEARLY INVOLVE CREATING DISTRESS AND POTENTIAL
LIFE-THREATENING SITUATIONS AT SEA. AUSTRALIA TAKES THE VIEW THEREFORE THAT AUSTRALIAN SHIPS RECEIVING DISTRESS CALLS IN RELATION TO SUCH ATTACKS IN THE REGION (INCLUDING IN FOREIGN TERRITORIAL SEAS) WOULD BE UNDER A GENERAL DUTY TO RENDER ASSISTANCE TO A DISTRESSED VESSEL WHERE THE SITUATION WAS REASONABLY BELIEVED TO BE LIFE-THREATENING AND WHERE THE SHIP WAS
BEST SITUATED TO RENDER ASSISTANCE. MALAYSIA AND INDONESIA HAVE NOT REACTED TO THIS AUSTRALIAN INTERPRETATION OF THE LAW, BUT MERELY TOOK NOTE OF IT. SINGAPORE HAS SAID THAT BECAUSE SUCH ATTACKS DO NOT HAPPEN ON THE HIGH SEAS, THEY ARE REGARDED AS ACTS OF ROBBERY AND, THEREFORE, MATTERS FOR THE COASTAL STATE IN WHOSE JURISDICTION THE ATTACKS TAKE PLACE.
6. ON THE QUESTION OF A SPECIAL CONFERENCE UNDER THE AUSPICES OF THE IMO, THE AUSTRALIANS SAID THEY WOULD LOOK AT THIS WITH INTEREST BUT A KEY QUESTION WOULD BE WHETHER SUCH A CONFERENCE COULD RESULT
IN ESTABLISHMENT OF EFFECTIVE ENFORCEMENT MECHANISMS.
7
WE HAVE AGREED TO SPEAK TO DFAT WHEN THEIR THINKING HAS
DEVELOPED FURTHER.
MACKLEY
YYYY
ΜΑΙΝ
63
AMD
SEAD
HKD
LAD
WED
NAD
FED
DISTRIBUTION
65
SPD
WAD
LEGAL ADVISERS
PS/LENNOX-BOYD
PS/GOODLAD
MR BONE
ADDITIONAL
F WALL/DTP
2
H PUGH/SEC NS/NAVY
2
PAGE
RESTRICTED
NNNN
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