CONFIDENTIAL
125025
MDLIAN 0697
Q2: THE CONVENTION PROVIDES THAT THE 'ADMINISTRATION' OF A CONTRACTING PARTY SHOULD ESTABLISH EFFECTIVE PROCEDURES FOR THE TESTING, INSPECTION AND APPROVAL OF CONTAINERS IN ACCORDANCE WITH PRESCRIBED STANDARDS AND DEFINES 'ADMINISTRATION' AS THE GOVERNMENT OF A CONTRACTING PARTY. ONLY A STATE CAN BECOME A CONTRACTING PARTY TO THE CONVENTION. HOW WILL HONG KONG BE ABLE TO UNDERTAKE THE FUNCTIONS OF AN ADMINISTRATION' IN THIS CONTEXT QUERY.
A2: THE BRITISH SIDE TAKES THE VIEW THAT THE CONVENTION SHOULD BE EXTENDED TO HONG KONG ON THE BASIS THAT THE TERM 'ADMINISTRATION' IS INTERPRETED TO ENCOMPASS ALL PARTS OF THE GOVERNMENT BOTH IN THE UK AND IN HONG KONG. WHEN THE CONVENTION IS EXTENDED TO HONG KONG, THE NOTIFICATION TO THE INTERNATIONAL MARITIME ORGANISATION WILL INDICATE THAT THE AUTHORITY IN HONG KONG FOR APPROVAL OF CONTAINERS IS THE MARINE DEPARTMENT OF THE HONG KONG GOVERNMENT. THE UK WILL INFORM THE SECRETARY GENERAL OF THE INTERNATIONAL MARITIME ORGANISATION THAT HONG KONG GOVERNMENT MAY ENTRUST FUNCTIONS AS TESTING, INSPECTION AND APPROVAL OF CONTAINERS TO AUTHORISED ORGANISATIONS AS PROVIDED UNDER ARTICLE IV OF THE CONVENTION.
Q3: HOW DOES THE BRITISH SIDE PROPOSE TO EXERCISE CONTROL AS REQUIRED BY THE CONVENTION AND WHAT WILL BE THE FINANCIAL IMPLICATIONS QUERY.
A3: CONTROL IN NORMAL CIRCUMSTANCES WILL INVOLVE VERIFICATION THAT THE CONTAINER CARRIES A VALID SAFETY APPROVAL PLATE. IT IS PROPOSED THAT THIS FUNCTION SHOULD BE PERFORMED BY OFFICERS OF THE MARINE DEPARTMENT BY MEANS OF RANDOM CHECKS ON BOARD SHIPS CARRYING CONTAINERS IN HONG KONG. THE EXISTING STAFF WILL BE ABLE TO ABSORB THE ADDITIONAL WORK. NO FINANCIAL IMPLICATIONS ARE THEREFORE ENVISAGED. WHERE THE CONTAINER APPEARS UNSAFE, HONG KONG WILL INFORM THE ADMINISTRATION RESPONSIBLE FOR ITS APPROVAL OF THE DEFECTS. HKG WILL EXERCISE SUFFICIENT CONTROL OVER THE AUTHORISED ORGANISATION WHEN THEY TEST, INSPECT AND APPROVE CONTAINERS.
WILSON
YYYY
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