(5)

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it confers on the Governor rather than the Secretary of

State the power to restrict the operation of the code for

lack of reciprocity;

(a)

it declares the appropriate authority for the purposes of

the Code to be the Governor rather than the Secretary of

state.

.

The modifications to the Mandatory Provisions Regulations

and Conditions for Recognition Regulations in their application to

Hong Kong made by the 1985 Order included the following

(a)

they empower the Governor rather than the Secretary of

State to designate shippers, shippers organisations and

representatives of shippers;

(b)

they modify the operation of certain Articles of the code

as between shipping lines established in Hong Kong and

shipping lines of States which have entered reservations

to the Code;

(c)

for purposes of recognition of membership of a liner

conference they limit recognition of shipping lines as

national shipping lines of Hong Kong to those incorporated

or formed under the Law of Hong Kong and which have a

principal place of business in Hong Kong.

CONFIDENTIAL

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