7.
CHAPTER 3
3.
The Genuine Link: Ownership and Manning
3.1.
In the CD we made it clear that in no
circumstances did we want a new shipping register for
Hong Kong to be, or be seen to be, a flag of
convenience. We quoted Article 91 of the UN Convention
on the Law of the Sea ("... There must exist a genuine
link between the State and the ship ...") and developed
this into the proposition that the right to register a
ship in Hong Kong should be determined by ownership
criteria together with requirements that management and
control of the ship should be exercised from Hong Kong
and that there should be a legally accountable
representative in Hong Kong.
3.2.
Whilst we did not discuss manning requirements
directly in association with the 'genuine link', we did
suggest that "at least the master should have the right
of abode in Hong Kong" and that "officers should hold
certificates of competency issued after examination in
Hong Kong".
3.3.
The comments we received on these aspects,
(together with the detailed consideration co-incidentally