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British Indian Ocean Territory in 1965

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British Indian Ocean Territory in 1965 ANNEX 47 United Kingdom letter to United Nations, 17 November 1983 4 tassle.anutati re c-812 • 14-1-c, 174+ tociig RE-CEIVPD REUISTN 'NITED 5 JAN984 tiATIONS nHecr7- . Distr. GENERAL A/38/598 22 November 1983 • 1-1-ealy ORIVIMALI ENGLISH arrearasomemossEREffn Thirty-eighth session Agenda item 9 Gramm rzvaus • Letter dated 17 November 1983 from.the'perna'nent Representative of the United Kingdom of Great Britain and Northern Ireland to tha United Nations addressed to the., President of the General Assembly I have the honour to refer to the address made to the General Assembly' on 27 September 1983 CA/38/10- V.8, p. 71) by His Excellency the Prime Minister of Mauritius in which be referred to his country's "just and legitimate claim over the Chagos Archipelago% I have been instructed to draw to Your Excellency's attention the fact that sovereignty over the Chagos Archipelago is vested in the United Xingdom of treat Britain and Northern Ireland. At no time hasMenritine had acivereignEy over the Chagos Islands. In 1968, when Meuritivabecams.en.independqnisovereigh.State, the Islands did not form part of.the'colonly which then *Lined independence. Prior to 1568 the Chagos Islands were legally distinct Erni Mauritius, although they were for convenience administered by the (British ColonAal) Government of Mauritius until they were incorporated In the British Indian ocean Territory in 1965. Notwithstanding the'above, the British Government hes -undertaken to cede the Islands of the Chagos Archipelago to Mauritius when they are no longer regnired for 'defence purposes. I should be grateful if you would circulate this letter as a document of the General Assembly under agenda item 9. (4-caled) J. A, THOMSON 93-31757 0990t .171) 184 ANNEX 48 Proclamation No. 8 of 1984 PROCLAMATION No. 8 OF 1984 IN THE. NAME of Her Majesty ELIZABETH the Second, by the Grace of God. of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of Tile Faith. Official Stamp WILLIAM NIGEL WENBAN-SMITH, Commissioner. By William Nigel Wenban-Smith, Commissioner for the British Indian Ocean Territory. I, William Nigel Wenban-Smith, Commissioner for the British Indian Ocean Territory, acting in pursuance of instructions given by Her Majesty through a Secretary of State do hereby proclaim and declare that- 1. There is established for the British Indian Ocean Territory a fisheries zone contiguous to the territorial sea of the British Indian Ocean Territory. 2. The said fisheries zone has as its inner boundary the outer limits of the territorial sea of the British Indian Ocean Territory and , as its seaward boundary a line drawn so that each point on the line is twelve nautical miles from the nearest point on the low-water line on the coast or other baseline from which the breadth of the territorial sea is measured. 3. Her Majesty will exercise the same exclusive rights in respect of fisheries in the said fisheries zone as She has in respect of fisheries in the territorial sea of the British Indian Ocean Territory, subject to such provisions as may hereafter be made by law for the control and regulation of fishing within the said zone. 4. In this Proclamation "the British Indian Ocean Territory" means the islands of the British Indian Ocean Territory set out in the Schedule to this Proclamation. 5. Proclamation No. 1 of 1969 is hereby revoked. GOD SAVE THE QUEEN Given at the Foreign and Commonwealth Office, London this )S ') day of , 1984. SCHEDULE The Islands of the British Indian Ocean Territory The Chagos Archipelago consisting of: Diego Garcia The Brothers Islands Egmont or Six Islands Nelson or Legour Island Peros Banhos Eagle Islands Salomon Islands Danger Island ANNEX 49 BIOT Ordinance No. 11 of 1984 THE BRITISH INDIAN OCEAN TERRITORY. Ordinance No.11 of 1984. An Ordinance to make fresh provision for the control of fishing and the taking of marine product within the fishery limits of the British Indian Ocean Territory and for matters incidental thereto and connected therewith. Arrangement of sections. Section Page. 1. Short title and commencement. 2. 2. Interpretation. 2. 3. Control of fishing in fishery limits. 2. 4. Designation of Foreign Countries. 3. 5. Licensing of fishing boats. 3. 6. Exemption for sporting fishing. 3. 7. Appointment and powers of fisheries inspectors. 3. 8. Trial of offences. 4. 9. Detention of fishing boat on failure to pay or secure fine. 4. 10. Regulations. 4. 11. Repeal of Ordinance No.2 of 1971. 5. THE BRITISH INDIAN OCEAN TERRITORY Ordinance No.11 of 1984. An Ordinance to make fresh provision for the control of fishing and the taking of marine product within the fishery limits of the British Indian Ocean Territory and for matters incidental thereto and connected therewith. Enacted by the Commissioner for the British Indian Ocean Territory. 1984. W. N. Wenban-Smith, Commissioner. Short title 1. This Ordinance may be cited as the Fishery Limits Ordinance, 1984, and and shall come into operation on such date as the Commissioner may by commence- ment. notice in the Gazette appoint. Interpret- 2. In this Ordinance unless the context otherwise requires— ‘British ation. fishing boat’ means a fishing boat registered as such under Part IV of the Merchant Shipping Act 1894 or under any similar provisions superseding the same; ‘fish’ means fish of any kind found in the sea and includes crustacea and mollusca; ‘fishery limits’ means the territorial waters of the Territory and any fisheries zone contiguous thereto established by the Commissioner by Proclamation published in the Gazette; ‘fishing boat’ means a vessel of whatever size and in whatever way propelled, which is for the time being employed in fishing operations; ‘foreign fishing boat’ means a fishing boat other than a British fishing boat; ‘taking’ and ‘fishing’ and other grammatical variations of those words’ with reference to fish and marine product, include collecting, capturing’ killing and destroying, or attempting to do any of those things; ‘unauthorised fishing gear’ means fishing gear the use of which is prohibited under Regulations or under a licence granted under section 5. Control of 3.—(1) Subject to the provisions of this Ordinance, no person on board a fishing in fishing boat shall take any fish or marine product within the fishery fishery limits. limits except under and in accordance with the conditions of a licence granted in respect of that fishing boat under section 5, and in the case of a foreign fishing boat unless, in addition, that fishing boat is registered in a country designated under section 4. (2) If any person contravenes any of the provisions of subsection (1) of this section, that person and the person in charge of the boat, and,. if he is on board that boat, the owner, shall each be guilty of an offence and shall be liable to a fine of £5,000 or to imprisonment for two years, and any fish or marine product and any fishing gear found in the boat or taken or used by any person from the boat, and the boat used in such taking, shall be liable to forfeiture. - (3) Where any fish, marine product or- unauthorised fishing gear is found on board a fishing boat within the fishery limits or where any- fish or marine product or unauthorised fishing gear is landed from a fishing boat on any island within the Territory, such fish or marine product shall be deemed to have been taken, or as the case may be, such unauthorised gear shall be deemed to have been used, within the fishery limits by a person on board such fishing boat, until the contrary be proved. Designation 4. For the purpose of enabling fishing traditionally carried on in any area of Foreign within the fishery limits by foreign fishing boats to be continued, the Countries. Commissioner may by order published in the Gazette, designate any country outside the Territory, and upon such designation any fishing boat registered in such country may take fish and marine product within such areas and subject to such conditions as may be specified in a licence granted under section 5. Licensing of 5. The Commissioner or an agent authorised by him may grant licences fishing for fishing boats permitting the taking of fish and marine product within boats. the fishery limits. Any such licence may be for such period and in respect of such areas within the fishery limits as the Commissioner may think fit and may contain such conditions as to the descriptions or quantities of fish or marine product which may be taken, the gear which may be used, or as to such other matters, whether similar to the foregoing or not, as the Commissioner may impose, and shall be subject to variation or revocation by the Commissioner in his discretion. Without prejudice to the generality of the foregoing, a licence may be granted for the purposes only of taking of fish or marine product for - commercial research or scientific research. Exemption 6. Nothing in this Ordinance shall prohibit any person lawfully for sporting temporarily resident in or visiting the Territory from taking fish or fishing. marine product in the course of sport and not for profit in any area in which that activity is not prohibited by the Commissioner’s Representative by notice in the Gazette. Appointment 7.—(l) The Commissioner may appoint fisheries inspectors for the and powers purposes of this Ordinance. Every Peace Officer shall be ex officio a of fisheries inspectors. fisheries inspector. (2) A fisheries inspector and any person whom he may call to his assistance may at any time stop, go on board and search any fishing boat within the fishery limits, and may require the person in charge, the crew, or any of them, to produce any certificate of registry, licence, official logbook, official paper, article of agreement or any other document relative to the fishing boat or to the crew or any member thereof or to any person on board the fishing boat which is in their respective possession or control or on board the fishing boat, and may require the person in charge to appear and to give an explanation concerning the fishing boat or its activities or any crew or other person on board the fishing boat or any document mentioned in this subsection.
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