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Can we salvage our reputation please, asks Tim Reynolds in this month's Legal column
01 Feb 2007
The allegations of bullying an attractive, intelligent actress visiting this country and the frenzied plundering of cargo washed ashore from the stricken foreign vessel, both occurring in the same week, have generated considerable critical foreign media coverage and damaged our national reputation.
The interview comments of apparently intelligent, well spoken, would be salvors, orderly queuing to enter and loot forcibly opened containers, reflect a convenient delusion that personal property has only to undergo a short and unexpected immersion in sea water for its unfortunate owners to miraculously forfeit all rights to it.
All property cast ashore following shipwreck, be it the ship, cargo, or gear, remains the lawful property of its owner, wherever it ends up. People unlawfully damaging or taking the property are plunderers and their actions may amount to theft.
Whilst anyone voluntarily preserving or aiding the preservation of such property may be entitled to a salvage reward, that neither entitles them to retain possession of, nor dispose of the property, which must be either promptly delivered, or reported to, the Official Receiver (normally an officer of the MCA or HMC&E appointed to preserve the shipwrecked property for its owners). Failing to do so is a serious offence, leading to a heavy fine, damages, and the forfeiture of salvage rights.
It is a receiver’s duty to recover the property and they have long established and sweeping powers to achieve this, including payment of a ‘salvage’ bounty for information leading to the recovery of missing items. The press cooperation has already resulted in one public apology and the return of treasured possessions.
Let us hope others involved ‘do the right thing’ without further delay, so we can salvage some national pride.
