CONFIDENTIAL
XCC(92)76
and inspection in the ports of parties which have accepted Annex III. These include virtually all of our principal maritime trading partners. Non-acceptance of Annex III could lead, therefore, to unnecessary delays to Hong Kong registered ships in foreign ports, with significant financial consequences for their owners.
11
A decision not to accept Annex III would adversely affect the image of Hong Kong as a port committed to the protection of the marine environment from pollution. It would also tend to undermine the Hong Kong Shipping Register, our policy in respect of which is to adhere to all relevant international maritime conventions which are beneficial to Hong Kong. In practice, there is no advantage to be gained from not accepting Annex III.
Implications of accepting Annex III
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The acceptance of Annex III would entitle Hong Kong registered vessels when in the ports of other parties to Annex III to prompt co-operation in matters related to pollution. The standing of the Hong Kong Shipping Register would be enhanced. The standard of shipment of harmful substances will also be raised, thereby reducing substantially the risk of dangerous incidents and their pollution of the waters of Hong Kong.
13
Annex III requires the issue of detailed requirements on such matters as packaging, labelling, documentation, stowage and notification procedures relating to the carriage of harmful substances. The detailed technical requirements are contained in the International Maritime Dangerous Goods Code (IMDG Code). This code lists substances identified as marine pollutants and the requirements for their carriage. We would need to introduce regulations to oblige Hong Kong manufacturers and shippers to pack harmful substances in the manner prescribed and provide documentary proof to a ship's master and, on demand, to the enforcements authority (in Hong Kong's case, the Director of Marine).
14
Under the Convention, ships of a party's flag are liable to inspection to verify compliance with the relevant convention requirements. In the case of Annex III, if there is no valid certificate on board to the effect that the shipments of harmful substances meet the prescribed requirements for carriage, the ship in question may be detained in port until remedial measures have been taken. Responsibility for enforcement would rest with the Marine Department.
Executive Council