TNAG-2681-FCO40-3878-Implementation-of-United-Nations-sanctions-by-Hong-Kong-agai-1993 — Page 26

i8-Jul-1993 10:15

PORT DEVELOPMENT BOARD

+ 852 877 0583

F.02

2

-

cargo.

impounded the

C.

Blanco was not carrying any

When

It was calling in Hong Kong solely for bunkering and crew change purposes. We have no firm evidence about its trading activities during the period since the Dependent Territories Order came into force on 14 May 1993 (the relevant date since which a violation must be shown to have occurred) but we believe that its movements were confined to voyages between ports in the Pacific region.

Unless it is considered that the mere fact of operating a ship whose majority ownership or effective control lies with a person connected with Serbia or Montenegro is itself sufficient to constitute a violation of sanctions we have serious doubts whether forfeiture proceedings could be successfully sustained

in respect of the C. Blanco.

**

We wonder whether UK Government sources are able to supply additional evidence to support forfeiture.

The ship C. Blanco has been impounded for a month. We have no desire to keep it impounded for any longer than necessary and we now need to decide how to proceed. In fact, to continue to detain the ship is creating considerable difficulties for us.

The agent may at any time cease to act as agent for the vessel, simply by

by a letter to the Director of Marine. The master of the vessel would then act on his own behalf. Since the Marine Department has been delegated as the authority under the sanctions order and is the enforcement agency for local maritime legislation, the Department would be required to provide agency services, including repairs, ship chandlery, supply of food, water and consumables required to maintain the vessel and crew in a fully operational condition. This is the most important consideration as the vessel's machinery would be required to be operable in the event of the approach of a typhoon : as it

last week during the passage of "Koryn". There is also the likelihood that the crew will require relief and may even demand repatriation en bloc.

We do not agents and it is charges could be

as

have any readily available resources to act questionable whether a large number of these attributable to acts necessary as part of the impounding process and therefore recoverable under the Order. However,

if the costs could be recovered by civil action, the C. Blanco would still remain impounded for an indefinite period of time.