CONFIDENTIAL

а

6. I have looked at the Merchant Shipping Act 1894.

This Act is to be amended, and it is possible that the

potential difficulties to which I shall refer will be

removed when the new amended Merchant Shipping Act

comes into force. However we shall probably not be

certain that the difficulties will be cured until after

the Hong Kong Bill has been enacted. Moreover the type

of difficulty I foresee over the Merchant Shipping

Act 1894 may conceivably arise in other fields which,

in the time available to us, we cannot fully investigate. One The difficulty I see under the Merchant Shipping

Because Murdert

나라

ཁུང -ཀི༥པ)

lute 1503

only

betre

will do so

Sill to Priua.

Act 1894 arises from the fact that Hong Kong may wish to

adopt its own Ordinance regulating the registration of

ships in Hong Kong. The ships will probably remain

"British Ships" until 30 June 1997 and they will be

I then be registered under the Ordnance, rather than the

caught by section 2 of the 1894 Act.

as such

That section This co

This contains an

obligation for such ships to be registered under the

in It

Act. Yet they

will

1894 Act. further provides that if a ship is

not so registered she shall not be recognised as a

British ship. Section 72 sets out the disadvantages

of not being recognised as a British ship, and those

disadvantages could be suffered if, for example, a Hong

Land not under the 1894 Art. Kong ship, registered under the Hong Kong Ordinance were

to put into Gibraltar. For these reasons it may be that

Bill

necessary to use the powers conferved under the Hong Kong when amending the Merchant Shipping Acts under the powers to amend an Act (

Act (eg.

the Merchant Shuffing that) so far as it is -conferred by paragraph 3(b)-of-the schedule to the

Hong Kong Act we shall wish to amend the Merchant.

Builich forcession

Shipping Aet so far as they are part of the law of a defined is Schedule! to the Internetation but, 1978, cap 30),

Gibraltar, as well as part of the law of the United Kingdom.

CONFIDENTIAT

Share This Page