CL 8
App. III]
Merchant Shipping (Liner Conferences) (Hong Kong)
[1985 Ed.
(a) already members of a conference serving these trades; or
(b) admitted to such a conference under Article 1(3) of the Code.
10. Articles 3 and 14(9) of the Code shall not be applied in conference trades between Hong Kong and relevant States.
11. In trades to which Article 3 of the Code applies, the last sentence of that Article is interpreted as meaning that:
(1) the two groups of national shipping lines will co-ordinate their position before voting on matters concerning the trade between their two countries; and
(2) this sentence applies solely to matters which the conference agree- ment identifies as requiring the assent of both groups of national shipping lines concerned, and not to all matters covered by the conference agreement. 12. If any question arises as to whether a particular state is or is not a relevant State as defined in paragraph 2 of this Annex, or is or is not a developing country for the purposes of paragraph 9 of this Annex, that question shall be referred to the Governor and a certificate upon that question issued by or under the authority of the Governor with the concurrence of the Secretary of State shall be conclusive evidence of the facts stated in the certificate.
PART C
MODIFICATIONS AND ADAPTATIONS IN THE EXTENSION OF THE MERCHANT SHIPPING (LINER CONFerences) (ConDITIONS FOR RECOGNITION) REGULATIONS 1985
TO HONG KONG
1. In regulations 1(1), 2(4) and 3. for the words "the United Kingdom" wherever they occur there shall be substituted the words "Hong Kong".
2. For regulations 2(1) and 2(2), there shall be substituted the following:-
National Shipping Lines of Hong Kong
2. (1) Subject to paragraph (4) below, a body corporate, being a vessel- operating carrier, shall be recognized as a national shipping line of Hong Kong for the purposes of the Code in respect only of those conferences of which it is a member if it is established in Hong Kong in accordance with paragraph (2) below.
(2) For the purpose of this regulation a shipping line is established in Hong Kong if it is incorporated or formed under the law of Hong Kong, and has its principal place of business in Hong Kong.".
3. Regulation 2(3) shall be deleted.
4.
In regulation 2(4), the words "outside the European Economic Commu- nity" shall be deleted.
5. In regulations 3 and 5, for the references to the Secretary of State there shall be substituted references to the Governor.
C