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Old 07-13-2007, 06:29 AM   #15
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HI All,

It happened near Christmas Island, Australia. I did not need a legal representative. The charge sheet was for a coroners court, a must in OZ for any death that is unusual. The cops were very happy with what we did, but had to make the report so the coroner could make his decision. I was a bit concerned at the time, as who could tell what an office bound gentleman would think of while sitting in his comfy chair.

Anyway, we received a letter from one of the rescued a year later and what he wrote made it all worthwhile.

Happy Sailing.

Regards,

Stephen
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Old 07-13-2007, 11:59 AM   #16
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In a situation like that there is only one way to act (moraly) but if you pick them out of the water what happens when you get to the shore? Are you as a skipper responsible for them (just as you would be if you had a paying crew, if you had passengers?) in a legal point of view?

I recently read a paper that said that some fishermed in the Med. had not picked up refugees because they didn't want troubble with imigration and so on. How can I as a skipper prove that I didn't bring them to the country?

With all the fuss about piracy how do you separate the bad from the good when you see a smal boat full of people you don't know.

Hmm as a first post I hope that I didn't make that mouch fool out of myself
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Old 07-13-2007, 04:09 PM   #17
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Hi KiwiAussie,

In International waters about 43nm from Christmas Is. and outside of Australia's area of responsibility and in Indonesias.

Regards,

Stephen
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Old 07-13-2007, 04:24 PM   #18
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Hi All,

The law in this case is quite simple. The moral situation is not.

The law says that every ships master MUST do all in his power to save lives at sea. However, there is one big provisor. In doing all to save lives at sea he may not jeopordise the safety of his own vessel or those aboard his vessel. Only those present can acurately judge the situation and only the ,aster has the right to make the assessment. Courts can argue about it as much as they like aftewrwards but if there is any risk to the rescuing vessel or crew then they must accept the master's decision.

In the case in question, it would be more than justified to alert the authprities by any means whatsoever, including EPIRIBs.

In the question of wich country's law applies then in international waters, i.e. beyond the territorial limmits of a stat (normally 12 NM) then the law of the flag state of the vessel aplies so there is no way Stephen can be legally tried in Oz for this, unless his boat is registered in Oz.

What would I do in this situation? Alert the rescue services for the sea area concerned, give whatever food, water and medicines which were needed and I could spare and stand-bye the distressed craft.

Stephen's case is very interesting as he was to account for himself in the coroner's court whilst a few years back a Norwegian ship, after having picked up refugees in the same area, was denied access to Christmas Island and was not allowed to land the refugees there. A case of double moral on the part of Oz I suspect.

Aye

Stephen

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Old 07-13-2007, 07:30 PM   #19
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Quote:
Originally Posted by Auzzee View Post
He and his wife survived a serious pirate attack on a previous sailing adventure,
After the thread on piracy and all my friends thinking it is quite prevalent and also thinking I am quite mad at even talking, much less thinking about cruising, I would like a link to that story please.

What would I do?

I don't really know but I did have it come to mind a few nights ago as I was dreaming of cruising while desprately trying to fall asleep.

(I always think of the worst things)

1. Radio - all of them.

2. EPIRB

3. Advance floating "things".

4. Have them aboard - Last resort - maybe not at all.

Just don't really know I guess.

PS - I am surprised that "EPIRB" has not been added to the dictionary!
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