CODE 18-77
HKC 177/1
U/C covering RESTRICTED
Mr Sainty
HKD
3
From:
Reference
Ms J Barrett
RƏR
Assistant Legal Adviser
K 166
for 2516.
270 3381
Date:
17 April 1991
Holding
texa
d
CC:
Mrs Gwynn, AMD
dratt tubstantive
texam.
fe for 17th
CONVENTION FOR SAFE CONTAINERS:
pw
EXTENSION TO HONG KONG
1. I apologise for the delay in replying to your minute of 13 November 1990 requesting advice on a reply to Hong Kong telno 2538 of 28 July 1989.
I
2. It is not clear from any of the attached papers what view we took of the meaning of "Administration" when we extended the Convention to Bermuda and the Isle of Man. agree with the view in paragraph 2 of TUR that the definition in Article 1 does indicate that only one "Administration" is contemplated for each Contracting Party. I would suggest however that there is no reason why we should not interpret the term broadly so as to encompass all parts of HMG both in the UK and the overseas territories to which the Convention has been extended. I do not think it is necessary to spell out for others how we have arrived at this interpretation; for practical purposes it matters only that other Parties know where to address their applications for approval.
3.
I suggest that when we notify the Secretary-General of our wish to extend the Convention to Hong Kong, we inform him of the address of the part of Hong Kong Government to which applications for approval of containers may be sent. However, the way in which our notification is worded will need to be consistent with the notifications given in respect of Bermuda and the Isle of Man (and any other DT or CD to which the Convention has already been extended). Would you please therefore obtain this information from AMD and find out whether they or DTp have taken any view as to the basis on which the Minister in Bermuda carries out the functions in Article IV. It would also be helpful to know whether approvals have in fact been issued by the Minister in Bermuda or the relevant authorities in the Isle of Man, and whether such approvals are in practice accepted by other Parties in accordance with Article V.
तचा Will Banett
Jill Barrett
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JB2AAR