Ms HKD
Major
[HKC175/1...
21 MAY 1991
16
Letter to Mr Scult 59p.
Tel to HK.
FROM: Miss S Brooks
Legal Counsellor 270 3069
K199
DATE: 16 May 1991
fa
for 2015.
HONG KONG SHIPPING REGISTER
1. This is a difficult matter. I agree with the Hong Kong Government's conclusions set out in paragraph 1 of their telno 1010 of 3 April. On reflection, I have decided that this is not a matter on which Hong Kong can legislate.
2. of the options proposed in telno 1010, the option proposed in paragraph 4 is unsatisfactory. As regards the option under paragraph 5, issuing a general warrant would clearly be less cumbersome than issuing an individual warrant in respect of each ship on the register. Section 73(2) of the Merchant Shipping Act 1894 does not appear to exclude the issue of a general warrant but we would need Admiralty advice as to whether this is a possibility. The option in paragraph 6 concerns Colonial Regulation 125. I do not think it can be taken to mean that a general warrant has been issued in respect of British ships registered in dependent territories. But we will need to check whether this is the case. Certainly the second sentence of Colonial Regulation 125 dealing with dependent territory merchant vessels appears to require such a vessel to obtain a warrant before it flies a flag with the badge of its dependent territory because of the reference to Section 73(2) of the Merchant Shipping Act 1894.
problem is that the Board of
The DTI does not exercise the under Section 78(1) of the
3. The most satisfactory option appears to be that in paragraph 7 of telno 1010. The Trade has long ceased to exist. functions of the Board of Trade Merchant Shipping Act 1906. I think it is likely to be the Department of Transport. Ms Barrett has suggested a Mr Alan Scutt as a possible contact. I wonder whether you would be kind enough to pursue with him the question as to whether the Department of Transport, if they are indeed the relevant department, are willing to act under Section 78(1) of the 1906 Act in the way which Hong Kong would like. He may also be able to help you on the question as to whether a general warrant has been/could be issued if we need to turn to the Hong Kong option in paragraph 5 as a fall-back.
Shelagh Brook
S Brooks