TNAG-2680-FCO40-3877-Implementation-of-United-Nations-sanctions-by-Hong-Kong-agai-1993 — Page 85

(b)

(c)

(a)

(e)

we

have problems with the definition of "harbour" in Article 4(1) as it has a specific meaning in the Hong Kong context. Our legal adviser suggests that the term "harbour" used in the Dependent Territories Order should be interpreted in the context of the Harbour Act 1964 for in the case of the UK Order. In this connection, grateful if you could advise me of the definition of "harbour" in the Harbour Act;

we would be grateful for a sample copy of the certificate issued by the Secretary of State under Article 4 (8) of the UK Order;

'as regards the procedure for impounding ships, there seems

to be two different procedure (Articles 4(7)(a) and 4(7) (b)). Our reading of the

is provisions

that Article 4(7) (a) implies an immediate action to impound a ship once the Governor has a reason to believe that it is either

or effectively majority owned

controlled by person connected with Serbia or Montenegro.

is

а

Whereas, in the case of 4(7) (b), a long lead time required under Article 10(1) in order to enable the Governor to make a "determination" and under that Article.

grateful if you could interpretation is correct;

advise whether our

nothing in the Dependent Territories Order seems to cover ships which are registered in Serbia or Montenegro unless it is majority owned or effectively controlled by these interests. Is it the intention to exclude these ships?

I

our

am sorry for the length of this letter, but your advice would greatly facilitate

effective implementation of this matter.

early

Yours sincerely,

C Tsang)

for Secretary for Economic Services Rong Kong

c.c. D of M (Attn: Mr A C Pyrke)

AGC (Attn: Mr James Collins) LO(IL) (Attn: Miss J Foakes)