RESTRICTED
RESTRICTED
FM FCO
TO PRIORITY HONG KONG TELNO 755
OF 131524Z AUGUST 93
INFO PRIORITY UKREP JLG HONG KONG
INFO ROUTINE PEKING
370/24
154515
MDLOAN 9575
TOP CO2
Q DIST?
ра
لا
г
YOUR TELNOS 1272 AND 1273: LOCALISATION OF LAWS: MERCHANT SHIPPING
1. WE ARE CONTENT FOR THE CONSULTATION PAPERS ON CARRIAGE OF GOODS BY SEA AND LINER CONFERENCES TO BE PASSED TO THE CHINESE SIDE, SUBJECT TO THE POINTS BELOW.
2. WE ARE CONCERNED THAT PARA 6 OF THE LINER CONFERENCES PAPER IS SLIGHTLY AMBIGUOUS AND COULD BE READ AS SUGGESTING THAT THE RELEVANT LEGISLATION SHOULD BE LOCALISED BEFORE AGREEMENT HAS BEEN REACHED ON THE CONTINUANCE OF THE RELEVANT IROS. WE SUGGEST REDRAFTING THIS PARAGRAPH TO STATE THAT THE PAPER ON THE 21 MERCHANT SHIPPING CONVENTIONS (INCLUDING THE CODE) IS UNDER DISCUSSION IN THE IRO SUB-GROUP OF THE JLG, AND THAT IF/IF THE JLG AGREES TO THE CONTINUANCE BEYOND 1997 OF THE CODE ON LINER CONFERENCES, THEN THE IROS WILL NEED TO BE IMPLEMENTED IN HONG KONG'S DOMESTIC LAW BY LEGISLATION WHICH CAN CONTINUE IN FORCE BEYOND 1997. THE CONSULTATION PAPER IS THUS COMPLEMENTARY TO THE IRO SUB-GROUP PAPER.
3
WE AGREE THAT THE BRUSSELS CONVENTION NO LONGER APPLIES TO HONG KONG BY VIRTUE OF THE UK'S 1984 DENUNCIATION. WE THEREFORE ASSUME THAT THIS ITEM WILL NOW BE DELETED FROM THE LIST OF MERCHANT SHIPPING CONVENTIONS TO BE DISCUSSED IN THE IRO SUB-GROUP. IF THIS IS THE CASE, THE FIRST AND LAST SENTENCES OF PARA 7 OF THE CARRIAGE OF GOODS BY SEA PAPER MIGHT APPEAR TO BE CONTRADICTORY. WE SUGGEST REDRAFTING THIS PARAGRAPH TO EXPLAIN THAT ALTHOUGH THE BRUSSELS CONVENTION AND THE TWO PROTOCOLS DO NOT APPLY TO HONG KONG, IT IS IMPORTANT FOR THE 1980 AND 1982 ORDERS TO BE LOCALISED.
4. ON A LESSER POINT, WE WONDER WHETHER THE CARRIAGE OF GOODS BY SEA PAPER SHOULD STATE WHETHER OR NOT THE PRC IS A PARTY TO THE BRUSSELS CONVENTION AND THE TWO PROTOCOLS.
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