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From: Ms J Barrett Assistant Legal Adviser
K 174 270 3381
27/7)
59
Dr Harkin
HKD
см
Date: 17 July 1992
CC:
Mr Christie, o/r Mr Williams, AMD (esp paras
7 and 8)
INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS 1973: EXTENSION OF ANNEX III TO HONG KONG
56
Your minute of 14 July to Mr Christie has come to me in his absence.
1.
2.
फ
I refer to Hong Kong's draft speaking note in HK telno 1485. For the purposes of clarity, the following amendments should be made to paragraph 3:
(i)
(ii)
The second sentence should be amended to read:
"The Convention and Annexes I and II thereto were extended...
11
7
Insert after the first sentence, "The Convention entered into force on 2 October 1983".
3. It is not entirely clear on which provisions the third and fourth sentences of para 6 of TUR are based. I presume they are referring to Article 5(2), Article 6(2) and Article 7 of the Convention, read together with Annex III, Regulation 4. I would be happier if this were clarified with HKG, though I am not suggesting that these references need necessarily be spelt out in the speaking note.
4.
In Al, I am not convinced that the word "certificate" should be changed to "documentation, manifest or stowage plan" as suggested by DTp. I presume that the reference to the risk of detention in port is based on Article 5(2). The wording of Article 5(2) is "A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorised by that Party.....". Annex III does not unambiguously require ships to hold a certificate. 4(2) of Annex III requires the shipping documents supplied by the shipper to include a "certificate or declaration", but it does not specify that this must be carried on board. Regulation 4(3) requires each ship carrying harmful substances to have a "special list or manifest", and a "detailed stowage plan". But it is not clear whether these are classified as
Regulation
CODE 18-77