TNAG-2681-FCO40-3878-Implementation-of-United-Nations-sanctions-by-Hong-Kong-agai-1993 — Page 33

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TO

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4

FM FCO

IMMEDIATE HONG KONG

TELNO 566

OF 081645Z JUNE 93

OUR TELNO 559: IMPOUNDING OF SERBIAN AND

MONTENEGRIN SHIPS

SUMMARY

141110

MDHOAN 3940

при

122/329/21

1.

REPLACEMENT TUR.

DETAIL

BENEFIT OF

2. PLEASE DISREGARD TUR, WHICH WAS SENT WITHOUT THE LEGAL ADVICE, ON THE QUESTIONS RAISED IN YOUR TELNO 914.

3. A SHIP TO WHICH ARTICLE 4(7) (A) OF THE ORDER APPLIES MUST REMAIN IMPOUNDED UNLESS (A) THE GOVERNOR HAS SUBSEQUENTLY CONCLUDED THAT HIS BELIEF REGARDING SERBIAN AND MONTENEGRIN OWNERSHIP OR CONTROL WAS MISTAKEN OR (B) A COURT DECIDES IN THE SAME SENSE OR (C) THE SHIP HAS BEEN FORFEITED OR (D) THE SECURITY COUNCIL HAS DECIDED TO END IMPOUNDING. THE MANDATORY LANGUAGE OF ARTICLE 4(1) REFLECTS FAITHFULLY THE LANGUAGE OF PARAGRAPH 24 OF

SCR 820. THE INTENTION IS THAT THE SHIP WOULD BE REMOVED FROM CIRCULATION UNTIL THE SECURITY COUNCIL DECIDES OTHERWISE (IE BY

ANOTHER RESOLUTION). ARTICLE 4(5) ENABLES THE GOVERNOR TO LEVY

DUES AND CHARGES ON THE IMPOUNDED SHIP. IF THEY WERE NOT TO BE

PAID THEY MIGHT BE RECOVERED BY FORFEITURE (IF THIS WOULD BE

APPLICABLE) OR BY THE NORMAL MEANS FOR RECOVERING SUCH DEBTS.

2

4. FORFEITURE IS NOT MANDATORY. NOR DOES IT NECESSARILY REQUIRE A HIGHER DEGREE OF PROOF THAN UNDER ARTICLE 4(7), OR AT LEAST UNDER ARTICLE 4(7)(B). IN BOTH CASES THE GOVERNOR MUST FOLLOW THE PROCEDURE IN ARTICLE 10. IN RESPECT OF SHIPS ON THE UK LIST

THERE SHOULD BE NO NEED TO OBTAIN FURTHER EVIDENCE OF SANCTIONS

VIOLATIONS UNLESS REPRESENTATIONS RECEIVED UNDER ARTICLE 10 MAKE THIS NECESSARY. (THE REFERENCE IN ARTICLE 7(1)(A) TO ARTICLE 4(5)(A) SHOULD BE TO ARTICLE 4(7)(A). SIMILARLY THE REFERENCE IN

ARTICLE 9(1)(A) TO ARTICLE 6(5)(A) SHOULD BE TO ARTICLE 6(6)(A), THESE ERRORS HAD ALREADY BEEN SPOTTED; CORRECTIONS WILL BE MADE AS SOON AS POSSIBLE).

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