CONFIDENTIAL

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Hong Kong Government on such questions as insurance and safety, we would have no objections to the visit going ahead". It has become apparent that the resolution of these points turns upon the question of which Government, that of the UK or of Hong Kong, is responsible and in what way for the safety and insurance aspects of the "Otto Hanh's" visit. In the meantime, the German Consulate General in Hong Kong have asked if the "Otto Hahn" can visit Hong Kong in October/November. The matter therefore needs to be resolved.

ARGUMENT

4. When the visit was first put forward, the department took the view that while the Hong Kong Government should be responsible for administrative arrangements in connection with the visit of the "Otto Hahn" responsibility generally for the visit rested with HMG: Since HMG is responsible for the affairs of Hong Kong there would probably be questions in Parliament in the event of some accident marring the visit of the "Otto Hahn". Accordingly, we informed the Hong Kong Government that, in the event of the "Otto Hahn" visiting Hong Kong, we should wish to be satisfied that their safety arrangements were satisfactory and "up to UK standards".

5. We have recently been advised by the DOT that visits of nuclear- powered ships to the UK are governed by the 1960 Safety of Life at Sea Convention (SOLAS). It was, in fact, the SOLAS Convention that governed the visit of the "Otto Hahn" to Southampton last year. The Convention was extended to Hong Kong in 1965 when it is presumed that the Hong Kong Government enacted the legislation necessary to give effect to its provisions. The department's legal adviser has advised that it is "the duty of the appropriate Hong Kong authorities to ensure that the visit of the "Otto Hahn" is-carried out in accordance with the legislation". implementing SOLAS_7 and "one could regard such visits as being the responsibility of the Hong Kong Government alone".

6. This is fine so far as it goes but there remains the question whether in the event of an accident occurring during the visit of the "Otto Hahn" to Hong Kong, Ministers could properly defend the

/arrangements

CONFIDENTIAL

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