to liner conferences which do not have their seat in Hong
Kong, if they serve the trade between Hong Kong and
another State which is a Contracting Party to the Code.
8.
The Bill will reproduce existing law by implying in all
contracts governed by the Code certain terms about provisions
inconsistent with the Mandatory Provisions Regulations; will give
the Governor in Council power by regulations to exclude or restrict
the operation of the Code for lack of reciprocity; will provide for
the liability of members of a liner conference to be in proportion
to their responsibility; and will make ancillary provisions as to
legal proceedings and enforcement of recommendations of
conciliators. The Bill will provide for the Governor or any officer
appointed by him to be the appropriate authority in Hong Kong for
purposes of the code. It will also give the Governor in Council
power to make regulations to implement the legislation. The
Conditions for Recognition Regulations will be incorporated in the
legislation, with the modifications mentioned in para. 5 above.
9.
The British side proposes in the Bill to retain the
present arrangement whereby the Secretary of State after
consultation with the Governor may decide that reservations to the
code entered by a Contracting Party are unacceptable. If he does
so, the Governor in Council, with the concurrence of the Secretary
of State, will be able to make regulations excluding the operation
of the Code in respect of that Party.
CONFIDENTIAL