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The United Nations Convention on the International Law of the Sea, 1982 states:
Article 1: The term 'High seas' means all parts of the sea that are not included in the territorial sea or in internal waters of a sea.
Article 97: Penal jurisdiction in matters of collision or any other incident of navigation:-
1. In the event of a collision or any other incident of navigation concerning a ship on the High Seas, involving the penal or disciplinary responsibility of the Master or of any other person in the services of the ship, no penal or disciplinary proceedings may be instituted against such person except before the judicial or administrative authorities of the Flag state or of the state of which such person is a national.
2. In disciplinary matters, the state which has issued a Master's certificate or a certificate of competency or license shall alone be competent, after due legal process, to pronounce the withdrawal of such certificate, even if the holder is not a national of the state which issued them.
3. No arrest or detention of the ship even as a measure of investigation shall be ordered by any authorities, other than those of the flag state.
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Taiwanese courts accepted that ship's alleged collision occured on the High Seas but they have, refused to honour International Laws even though India has claimed Jurisdiction on our case. In May 1996 Taiwanese ship "Maersk Dubai" crew members were detained in Canada for putting overboard three Romanians in the Atlantic Ocean. Taiwan protested very strongly with Canada and even threatened to sever relations with Canada if Canadian Courts fail to honour International Law of the Sea. Taiwan got their citizens released in ten months time.
Indian Government and its representatives (India-Taipei Association [ITA]) in Taiwan were not too keen to get us released.
After High Court declared us "Not Guilty" on 12th August,1998 we requested ITA officials to approach Taiwan Foreign Ministry and Justice Ministry for our release but they refused, had they done that we would have probably got released. As long as the Indian government does not show urgency for our release we cannot expect to leave Taiwan.
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