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1.
UK/CHINA MARITIME AGREEMENT
ECHEROUND BRIEF
an agreement- covering the
Metropolitan aver only would exclude the other sub-registers
INTRODUCTION
1. A copy of the draft text originally handed by the Embassy
to the Vice-Minister of Communications on 22 March 1976 was
enclosed with Brown's letter of 15 March. The manuscript
amendments were agreed ad referendum with the Chinese during
the two negotiating sessions on 9 and 15 February. This brief
describes the proposals made by the Chinese which cause
difficulties for the UK and which raise issues that will need
to be resolved if an Agreement is to be reached.
Hong Kong
2. The main issue raised in the earlier negotiations was the
inclusion of Hong Kong as part of the territory of the UK for
the purposes of the agreement.
to refer here to the difficulties which would ensue if HK were to
be excluded from the Agreement and no comparable protection outside
the Agreement was secured. The best way of approaching this is to
consider whom the beneficiaries of the agreement are intended to be
They are:
This being so it may be appropriate
(a) Vessels flying the flags of the contracting parties;
(b) (For some purposes) vessels operated by shiping enter-
prises of the two contracting parties but flying third
party flags (ie chartered vessels); and
(c)
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Crew members of (a);
(d) (For some purposes) shipping enterprises of the two
parties.
In addition the interchangeability of the UK and HK needs to be
borne in mind. Thus both UK and HK can issue tonnage certificates,
radio officer's certificates etc. Finally, it has to be remembered
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that HK is not the only sub-register of the British flag. thai's likely
as well