THE HONGKONG GOVERNMENT GAZETTE, 16TH AUGUST, 1884.
ARTICLE II.
663
It is a punishable offence to break or injure a submarine cable, wilfully or by culpable negligenes. as to interrupt or obstruct telegraphic communication, either wholly or partially, such punishment bing 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 hwful 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 upon proper ineasures 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, or are able to see them, shall withdraw to or keep beyond a distance of 1 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 she 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 nets 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” ficking gear in order to avoid injuring a submarine cable, shall receive compensation from the owner of the cable.
To be entitled to such compensation, a statement, supported by the evidence of the crew, must, whenever possible, be drawn up immediately after the occurrence; and the master must, within twenty-four hours after arriving at his destination, or on next putting into a port, make a declaration to the proper authorities.
The latter shall communicate the information to the Consular authorities of the country to which owner of the cable belongs.
ARTICLE VIII.
The Tribunals competent to take cognizance of infractions of the present Convention are those of
antry to which the vessel on board of which the offence was committed belongs.
It is, inoreover, understood that, in cases where the provisions in the previous paragraph cannot ences against the present Convention will be dealt with in each of the Contracting States in ce, so far as the subjects and citizens of those States respectively are concerned, with the al rules of competence prescribed by the municipal laws of that State, or by International Treaties.
ARTICLE IX.
Prosecutions for infractions provided against by Articles II, V, and VI of the present Convention
instituted by the State, or in its name.
ARTICLE X.
fences against the present Convention may be verified by all means of proof allowed by the the country of the Court. When the officers commanding the ships of war, or ships commissioned for the purpose by one of the High Contracting Parties, have reason to believe fraction of the measures provided for in the present Convention has been committed by
r than a vessel of war, they may demand from the captain or master the production of the is proving the nationality of the said vessel. The fact of such domain at hoving bun I shall then be endorsed upon it immediately. Further, formal sat ments of the facts of
pitopared by the suid officers, whenever my be the quando alny of the vessel on bound Irena formal stilaments shall be drawn up in the form in
No comments yet.
Private notes are available after approval.