CONFIDENTIAL
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 1454
OF 100146Z SEPTEMBER 93
AND TO PRIORITY PEKING
INFO PRIORITY UKREP JLG HONG KONG
حمول
13
037172 MDLIAN 6299
RECE
370/24
TOCOPY 8 SEP 1993Q DIST?
DESK
1
ра
JLG RESTRICTED
@
YOUR TELNO 755: LOCALISATION OF LAWS: MERCHANT SHIPPING: CARRIAGE OF GOODS BY SEA
1.
THANK YOU FOR YOUR CONFIRMATION THAT THE BRUSSELS CONVENTION NO LONGER APPLIES TO HONG KONG BY VIRTUE OF THE UK'S 1984 DENUNCIATION. PARAGRAPH 3 LINE 8 OF TUR, HOWEVER, SUGGESTS THAT THE UK'S 1984 DENUNCIATION INCLUDED THE TWO PROTOCOLS. THIS RUNS COUNTER TO OUR UNDERSTANDING THAT THE TWO PROTOCOLS STILL APPLY TO BOTH THE UK AND HK. IN THIS CONNECTION, WE WOULD DRAW YOUR ATTENTION TO ARTICLE 7 OF THE 1968 PROTOCOL WHICH APPEARS TO PRESERVE EVEN THE CONVENTION AS AMENDED BY THE PROTOCOL EVEN IN THE EVENT OF DENUNCIATION OF THE CONVENTION ITSELF. WE WOULD WELCOME YOUR CLARIFICATION ON THIS POINT.
2. IF THE UK DENUNCIATION DID NOT INCLUDE THE TWO PROTOCOLS, WE WOULD PROPOSE TO ADJUST THE LOCALISATION PAPER ON CARRIAGE OF GOODS BY SEA BY AMENDING THE SECOND SENTENCE OF PARA 4 THEREOF TO READ : ''ON 20 OCTOBER 1984 THE UNITED KINGDOM DENOUNCED THE BRUSSELS CONVENTION IN RESPECT OF ITS OVERSEAS TERRITORIES. HOWEVER, THE CONVENTION AS AMENDED BY THE 1968 AND 1979 PROTOCOLS REMAINED IN EFFECT AND CONTINUED TO APPLY TO HONG KONG, BY VIRTUE OF THE UNITED KINGDOM'S EARLIER ACCEPTANCE OF THE 1968 AND 1979 PROTOCOLS''. WE WILL ALSO AMEND THE REFERENCES TO THE BRUSSELS CONVENTION AND THE TWO PROTOCOLS IN PARA 7 OF THE CONSULTATION PAPER TO READ THE 1924 CONVENTION AS AMENDED BY THE 1968 AND 1979 PROTOCOLS'
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3. ON THE IRO FRONT, AS YOU KNOW, WE HAVE ALREADY HANDED OVER A DISCUSSION PAPER ON THE CONTINUED APPLICATION OF 21 MERCHANT SHIPPING CONVENTIONS (INCLUDING THE BRUSSELS CONVENTION) TO THE CHINESE SIDE. THIS WAS BASED ON YOUR EARLIER ADVICE IN FCO TELNO 1746 OF 18 DECEMBER 1992. SUBJECT TO YOUR CONFIRMATION OF OUR UNDERSTANDING IN PARA 1 ABOVE, WE WILL NOW TAKE STEPS TO AMEND THE IRO SUB-GROUP PAPER TO CLARIFY THE POSITION REGARDING THE BRUSSELS
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CONFIDENTIAL