CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
CONFIDENTIAL
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044214
MDLIAN 0476
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diante to
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TOP COPY Lgal Adviser
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for 414.
TELNO
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OF 030942Z APRIL 91
Q DISTRY
HKC 175/4 1990
(4-3)
YOUR TELEGRAM NO. 2213: HONG KONG SHIPPING REGISTER.
1. WE BELIEVE THAT THE HONG KONG (LEGISLATIVE POWERS) ORDER 1986
DOES NOT EMPOWER US TO AMEND OR REPEAL ANY UK LAW IN SO FAR AS
THAT LAW APPLIES IN RESPECT OF THE UK AND ANYWHERE ELSE IN HER MAJESTY'S DOMINIONS COR INDEED ON THE HIGH SEAS) OTHER THAN IN
RESPECT OF HONG KONG. OUR LEGAL ADVISERS CONSIDER THAT OUR REPEAL
OF SECTION 73 OF THE MERCHANT SHIPPING ACT 1894 IN SO FAR AS IT IS PART OF THE LAW OF HONG KONG CANNOT PRECLUDE THE APPLICATION OF SECTION 73 TO SHIPS ON THE NEW HONG KONG REGISTER, WHICH ARE BRITISH SHIPS FOR THE PURPOSE OF THE MERCHANT SHIPPING ACTS, WHILE THEY ARE OUTSIDE THE WATERS OF HONG KONG.
2. THIS PRESENTS SHIPS ON THE NEW HONG KONG REGISTER WITH A PROBLEM. OUTSIDE HONG KONG, BY MEETING THEIR FLAGGING OBLIGATIONS UNDER THE MERCHANT SHIPPING (REGISTRATION) ORDINANCE 1990 AS HONG KONG-REGISTERED SHIPS, THEY BREACH THEIR FLAGGING OBLIGATIONS UNDER THE 1894 ACT AS BRITISH SHIPS. THIS PROBLEM WOULD APPEAR TO AFFECT ALL 773 TRANSITIONAL SHIPS TRANSFERRED FROM OUR OLD
REGISTER TO THE NEW ONE AND ANY SHIPS JOINING THE NEW REGISTER
FOR THE FIRST TIME ON OR AFTER 3 DECEMBER 1990.
3. WE DO NOT SEE THE SOLUTION TO THIS PROBLEM AS BEING IN OUR
HANDS AS WE BELIEVE THAT WE HAVE DONE EVERYTHING WE CAN DO IN THE
PRESENT CASE WITH OUR REPEAL OF SECTION 73 OF THE 1894 ACT IN SO
FAR AS IT IS PART OF THE LAW OF HONG KONG.
4. WE HAVE HOWEVER EXPLORED A NUMBER OF OTHER OPTIONS IN AN
ATTEMPT TO FIND A SOLUTION. AN AMENDMENT TO EXCLUDE HONE KONG FROM THE APPLICATION OF SECTION 73 OF THE 1894 ACT WOULD SOLVE THE PROBLEM BUT THIS WOULD NO DOUBT BE A LENGTHY PROCESS. IT WOULD ALSO OPEN UP THE MATTER TO PUBLIC DEBATE, WHICH WE WOULD MUCH RATHER AVOID.
5. ANOTHER OPTION IS TO SEEK AN ADMIRALTY WARRANT UNDER SECTION
73 OF THE 1894 ACT. IT WOULD BE A TEDIOUS EXERCISE TO ISSUE AN
INDIVIDUAL WARRANT IN RESPECT OF EACH SHIP ON THE REGISTER.
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