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CONFIDENTIAL
L.A.
Art R
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GR$ 250
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 172
OF 16082OZ JANUARY 86
INFO PRIORITY DEPARTMENT OF TRANSPORT
YOUR TELNO 95 : HONG KONG REGISTER OF SHIPPING: PROPOSAL PAPER.
WE NOTE DTP'S SOUND ADVICE AS REGARDS POSSIBLE CHARGES OF FOC. WE
ARE CONSCIOUS OF THE POTENT-MAL PROBLEM AND WILL SEEK TO PROVIDE
ADEQUATE REASSURANCES WITHIN THE CONTEXT OF A DEFINITION OF
**MANAGEMENT AND CONTROL**.
2. AS REGARDS THE 'ORDINARILY RESIDENT'' CRITERION IN RESPECT OF
INDIVIDUAL OWNERSHIP WE HAVE, SINCE OUR MEETINGS IN NOVEMBER, GIVEN DETAILED THOUGHT TO THE MOST APPROPRIATE FORMULA FOP HONG KONG. WE
CONCLUDED THAT THE TERM RIGHT OF ABODE' WOULD NOT BE APPROPRIATE. FIRST, IT WAS LIKELY TO HAVE A PRECISE DEFINITION IN THE CONTEXT OF NEW HONG KONG IMMIGRATION LEGISLATION AND THIS DEFINITION MAY NOT NECESSARILY ACCORD WITH OUR REQUIREMENTS FOR THE REGISTER. SECOND, T DOES NOT NECESSARILY REQUIRE A PRESENCE #N HONG KONG (SEE PARA 3.12 OF OUR POSITION PAPER). THE TERM ''ORDINARILY RESIDENT''
WILL BE CAPABLE OF SEPARATE DEFINITION IN THE CONTEXT OF THE
REGISTER AND THUS BETTER MEET OUR REQUIREMENTS.
3. WE FULLY UNDERSTAND THAT THE UK WILL REMAIN ULTIMATELY
RESPONSIBLE FOR SHIPS ON THE MODIFIED HONG KONG REGISTER FOR THE
REASONS WHICH YOU HAVE EXPLAINED. WE ARE MOST GRATEFUL FOR DTP'S CONTINUING ASSISTANCE AND INVALUABLE ADVICE IN THE FORMULATION
OF OUR PROPOSALS.
4. WE WILL ADVISE ON EXCO'S DECISION AS SOON AS POSSIBLE. COPIES OF
THE EXCO PAPER AND THE FINAL TEXT OF OUR PROPOSALS WILL FOLLOW BY
SPEEDPOST ONCE THEY BECOME AVAILABLE.
YOUDE
MINIMAL HKD MAED
COPIES TO:-
MR WHOMERSLEY LEGAL ADVISERS
MR O'SHEA
D/TRANSPORT SUNLEY HOUSE
CONFIDENTIAL
LUKIC 1754
RECEIVED IN REGISTRY
17 JAN1986
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