TNAG-2897-FCO40-4171-Hong-Kong-piracy-in-the-South-China-Sea-1993 — Page 34

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CHAPTER 1

PIRACY AND ROBBERY AT SEA IN THE COASTAL WATERS OF

SOUTH EAST ASIA

Introduction

1

In developing any policy for the countering of both piracy on the high seas and robbery at sea in coastal territorial waters, it is first necessary to define a four-point philosophy, which is broken down into four main headings:

.1

intelligence, statistics and assessment;

.2

neutralization of pirates and armed robbers;

.3

protective security of merchant vessels; and

4 contingency planning.

Intelligence, statistics and assessment

2

Before embarking on any set of measures or recommendations, it is imperative to gather accurate statistics of the incidents of piracy and robbery at sea, to collate these statistics under both type and area and to assess the nature of the attacks with special emphasis on types of attack, accurate geographical location and modus operandi (MO). Finally, it is imperative to disseminate or publish these statistics to all the interested parties in a format that is both understandable and useable. This whole subject is examined in Chapter 2 both as it affects the Malacca Strait and adjacent waters and also on a world-wide basis.

Neutralization of pirates and armed robbers

3 In any ongoing campaign against piracy and armed robbery it will be necessary, wherever possible, to neutralize pirates and armed robbers. As these people are criminals under both international law and most national laws, this task will generally fall to the police and armed forces of the nations involved. In the territorial waters of the Malacca Strait area this duty falls to the police forces of the three countries (Indonesia, Malaysia and Singapore) in co-operation with the relevant navies and air forces. On the high seas it is judged that suppression of piracy is more likely to fall under the responsibility of the navies with air force support, although the prosecution of the pirates will often be a police matter. Arrangements will vary with the flag State concerned.

4 An outline of the forces examined by the Group, their relationship with each other, their methods and equipment is expanded in Chapter 3. The complexities of the chains of evidence necessary to convict pirates in court, of acquiring such evidence and the liaison between security forces (police and armed services) of various countries are touched upon in Chapter 2.

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