HICC175/1
U. AUG 1991
Mr Sainty
Hong Kong Dept
STRY
⚫ction Taken
FROM: Miss S Brooks
DATE: 30 July 1991
Minure to AMD
& P.a.
យ
33
HONG KONG SHIPPING REGISTER
25
I read the Department of Transport's advice set out in Mr Scutt's letter of 17 June to Ms Major with interest. I agree with Hong Kong that the DTP point that Hong Kong is not a nation is irrelevant in this particular context. However, there is one point in the DTP letter which presents real problems in pursuing the section 78 of the Merchant Shipping Act 1906 option. Section 73 of the Merchant Shipping Act 1894 applies (unless repealed) in other UK dependent territories apart from Hong Kong. The following provisions of the Merchant Shipping Act 1894 are relevant sections 91 and 735(1). The DTP are therefore correct in saying that it is unlikely that Hong Kong ships would be exempted from compliance with section 73 of the Merchant Shipping Act 1894 as amended by the Merchant Shipping Act 1988, even if the UK were to exercise powers under section 78 of the Merchant Shipping Act 1906 to dispense with the requirements of section 73 of the 1894 Act.
of paras?
2. We need to amend your draft letter to Alan Scutt. I think the first sentence should be deleted. In place of your first sentence I think we need to say the following: "Hong Kong are prepared to accept the public scrutiny to which the Secretary of State's report would be subjected if the option under section 78 of the Merchant Shipping Act 1906 were to be pursued. However we agree that section 78 does appear to be merely a matter of UK law and accordingly would be unlikely to exempt Hong Kong from compliance with section 73 of the 1894 Act in so far as section 73 applies in other UK dependent territories." You could end your paragraph 3 with the last sentence in the present paragraph 3.
3.
Do you think it might be worthwhile asking other dependent territories if they have the same flagging arrangements as the UK under section 73 of the 1894 Act as amended? If no other dependent territories have anything similar to section 73, there is no problem with the Secretary of State exercising his power under section 78 of the Merchant Shipping Act 1906.