CODE 18-77
Reference......
Mr Marshall
HKD
WH 305
031/26
From: Mr Iain Christie Assistant Legal Adviser K276A 270 2576
Date: 16 December 1992
ра
BRO S-G
Merchant Shippin
INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING, BRUSSELS, 25 AUGUST 1924
1.
I refer to our recent conversations regarding the above Convention (otherwise known as the Hague rules). The position is as follows.
2.
The United Kingdom acceded to the Convention on 2 June 1930 and declared its applicability in respect of Hong Kong on 2 December 1930. The Convention was amended by the Brussels Protocol of 23 February 1968 to which the United Kingdom acceded on 1 October 1976 and declared its applicability in respect of Hong Kong on 1 November 1980.
3. The Carriage of Goods by Sea Act 1971 gives effect to the Hague rules as set out in the schedule to that Act in the United Kingdom. SI 1980/1508 (amended by SI 1980/1954 - not relevant) extends the 1971 Act to Hong Kong.
4.
It
The Convention was further amended by the Brussels Protocol of 21 December 1979 which is not yet in force. will come into force internationally 3 months after the fifth acceptance (sp far there are two, of which the UK's is one dated 2 March 1982). This second protocol makes only minor amendments to the rules to which the Merchant Shipping Act 1981 gives effect in the United Kingdom. The amending parts of the MSA 1981 were extended to Hong Kong by SI 1982/1663.
5.
The United Kingdom denounced the 1924 Convention on
13 June 1977. Denunciation of the Convention does not denounce the protocols to it. Nor, it would appear, is denunciation effective in respect of Hong Kong.
6. This differs from the position discussed in three respects:
the 1924 Convention is still in force in respect of Hong Kong;
the rules as set out in the Schedule to the 1971 Act have already been extended to Hong Kong;
- the Protocol of 1979 is not in force internationally.
7.
There is a replacement Convention on the Carriage of Goods by Sea concluded in Hamburg on 31 March 1978. Parties to that Convention must denounce the 1924 Convention, although there is a five year overlap period permitted. The 1978 Convention will enter into force one year after the 20th acceptance. So far there are 9. The United Kingdom is not one of them.
8.
I hope this clarifies the position.
6