A.D. 1885.
THE HONGKONG GOVERNMENT GAZETTE, 7TH NOVEMBER, 1885.
His Excellency the President of the Dominican Republic, Ilis Majesty the King of Spain, His Excellency the President of the United States of America, His Excellency the President of the United States of Columbia, His Excellency the President of the French Republic, His Excellency the President of the Republic of Guatemala, His Majesty the King of the Hellenes, His Majesty the King of Italy, His Majesty the Emperor of the Ottomans, His Majesty the King of the Netherlands, Grand Duke of Luxem- burg, His Majesty the Shah of Persia, IIis Majesty the King of Portical and the Algarves, His Majesty the King of Roumania, His Majesty the Emperor of all the Russias, His Excellency the President of the Republic of Salvador, His Majesty the King of Servia, His Majesty the King of Sweden and of Norway, and His Excellency the President of the Oriental Republic of the Uruguay.
The following is an English translation of the Convention with the omission of the formal beginning and end :-
ARTICLE I.
The present Convention applies outside territorial waters to all legally established submarine cables landed on the territories, colonies, or possessions of one or more of the High Contracting Parties.
ARTICLE II.
It is a punishable offence to break or injure a submarine cable, wilfully or by culpable negligence, in such manner as might interrupt or obstruct telegraphic communication, either wholly or partially, such punishment being without prejudice to any civil action for damages.
This provision does not apply to cases where those who break or injure a cable do so with the lawful object of saving their lives or their ship, after they have taken every necessary precaution to avoid so breaking or injuring the cable.
ARTICLE III.
The High Contracting Parties undertake that, on granting a concession for landing a submarine cable, they will insist, so far as possible, upon proper measures of safety being taken, both as regards the track of the cable and its dimensions.
ARTICLE IV.
The owner of a cable who, on laying or repairing his own cable breaks or injures another cable, must. bear the cost of repairing the breakage or injury, without prejudice to the application, if need be, of Article II. of the present Convention.
ARTICLE V.
Vessels engaged in laying or repairing submarine cables shall conform to the regulations as to signals which have been, or may be, adopted by mutual agreement among the High Contracting Parties, with the view of preventing collisions at sea.
When a ship engaged in repairing a cable exhibits the said signals, other vessels which see them, er are able to see them, shall withdraw to or keep beyond a distance of one nautical mile at least from the ship in question, so as not to interfere with her operations.
Fishing gear and nets shall be kept at the same distance.
Nevertheless, fishing vessels which see or are able to see a telegraph ship exhibiting the said signals shall be allowed a period of twenty-four hours at most within which to obey the notice so given, during which time they shall not be interfered with in any way.
The operations of the telegraph ships shall be completed as quickly as possible.
ARTICLE VI.
Vessels which see, or are able to see, the buoys showing the position of a cable when the latter is being laid, is out of order, or is broken, shall keep beyond a distance of one-quarter of a nautical mile at least from the said buoys.
Fishing nots and gear shall be kept at the same distance.
ARTICLE VII.
Owners of ships or vessels who can prove that they have sacrificed an anchor, a net, or other fishing gear in order to avoid injuring a submarine cable shall receive compensation from the owner of the cable. In order to establish a claim to such compensation, a statement, supported by the evidence of the erew, should, whenever possible, be drawn up immediately after the occurrence; and the master must, within twenty-four hours after his return to, or next putting into port, make a declaration to the proper authorities.
The latter shall communicate the information to the consular authorities of the country to which the owner of the cable belongs.
ARTICLE VIII.
The tribunals competent to take cognizance of infractions of the present Convention are those of the reuntry to which the vessel on board of which the offence was committed belongs.
It is, moreover, understood that, in cases where the provisions in the previous paragraph cannot apply, offences against the prescut Convention will be dealt with in each of the Contracting States in accordance, far as the subjects and citizens of those States respectively are concerned, with the general rules of criminal jurisdiction prescribed by the laws of that particular State, or by international treaties.
ARTICLE IX.
Prosecutions for infractions provided against by Articles H., V., and VI. of the present Convention shall be instituted by the State, or in its name.
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