Reference
25
Mr Rushford (Legal Adviser)
WORLD WIDE (SHIPPING) GROUP
1.
REGISTRATION IN HONG KONG
Will you please accept my apologies in advance for what I am about to ask?
In the
2. I was awaiting information from the Marine Division, Department of Trade and Industry before seeking your advice on possible short term and long term solutions to enable Mr Pao of the World Wide (Shipping) Group to register his large fleet of ships in Hong Kong. event, DTI advice is not yet available and I now learn that in view of the Prime Minister's personal interest in the subject, Mr Royle is holding a meeting at 11.30 am on Friday 25 June and I am charged with obtaining legal advice by 1600 hrs tomorrow 24 June.
3. I should, therefore, be most grateful for your co-operation.
14. In an attempt to simplify the matter as much as
possible only two questions are asked:-
(a)
SHORT TERM
(i)
(ii)
In general, Merchant Shipping legislation in Hong Kong is modelled on UK legislation and, in particular, the Hong Kong Merchant Shipping (Aliens Employment) Ordinance in respect of nationality requirements is a parallel of Section 92 of the UK Merchant Shipping Act 1894 as amended by by Merchant Shipping Act 1967.
The Hong Kong Director of Marine (to whom the Governor's powers are delegated) proposes to use the exemption procedure in Section 2(1) of the Merchant Shipping (Aliens Employment) Ordinance to enable the temporary employment of a non-British Master, Chief Officer or Mate and the DTI endorse this proposed course of action.
(iii) If this were done under UK legislation
certain procedures would have to be followed. In the circumstances described (ie parallel legislation) must the Director of Marine follow similar procedures or may he, without prior consultation with HMG, adopt his own conditions and procedures?
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/(b) LONG TERM
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