TNAG-2681-FCO40-3878-Implementation-of-United-Nations-sanctions-by-Hong-Kong-agai-1993 — Page 22

CODE 18-77

Ms E Wilmshurst

Legal Counsellor

JON

Reference

Etteid.

а

PA HKA 122/1

aid return to Elizabeth

58

Tlik's

Wilmshurst.

HONG KONG

众

1577

SANCTIONS AGAINST SERBIA AND MONTENEGRO

1.

Please see the attached letter from the Government Secretariat in Hong Kong.

2.

It is the UND feeling that :

a)

There are insufficient grounds for forfeiture;

b)

The vessel should remain impounded; and

Costs should be recovered by selling assets from the vessel, or the vessel itself. Excess revenue must be put into a frozen account.

c)

3.

I would be grateful for your views.

Karlund

K J Orchard

United Nations Department

K 149

270-3639

14 July 1993

CC:

Ms A Bouch, HKD, FCO (with enclosure)

:

MKA 122/1

.. AUG 1993

Mr Orchard

1. Thank you for sending me today the telegrams referred to in the letter of 9 July from Hong Kong.

2. I think you should tell Hong Kong that nothing said in your telegram of 559 indicated that we believed Hong Kong were entitled to proceed with forfeiture. We have no evidence (if that is so) that would justify forfeiture proceedings. But neither the SCR nor the Order justifies release of the vessel. It must remain impounded. Impounding expenses may be recovered from the owner of the impounded ship: if the owner or agent does not pay the expenses, there are no doubt provisions in Hong Kong law to allow recovery of expenses against the vessel itself. You will also no doubt wish to comment upon the last paragraph of the letter from Hong Kong:

1

/I see