CHAPTER 2

International Conventions

2.

2.1.

Throughout the formative and consultative

stage of this exercise we have been conscious of certain

difficulties which could arise in respect of the

international status of Hong Kong. We have quoted

extensively from the (unratified) UN Convention on the

Law of the Sea 1973-82 and, in this paper, from the

draft agreement produced at the recent United Nations

Conference on Conditions for Registration of Ships held

under the auspices of UNCTAD (referred to for

convenience in this paper as the UN Conference).

bodies regard the rules they apply and the policies they

adopt as responsibilities and obligations of the 'State'

and its 'nationals'. Accordingly, there are frequent

references to 'the State of registration' 'participation

by nationals' etc.

These

2.2.

Hong Kong is not, and will not become, a

State; its people will, for many years to come,

have a

'national' status which may not necessarily reflect any

individual's right of abode in Hong Kong.

2.3.

In the circumstances, therefore, we speak in

terms of a link between the territory of Hong Kong and

the ship, rather than between the sovereign State and

the ship. Similarly we refer to individuals with regard

to their residential status rather than to their

nationality.

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