C.S. 20A (R)
bm the Governor, Hong Kong
SAVING DESPATCH
the Secretary of State for Foreign and Commonwealth Affairs
No.
95
Repeated to:-
No.
Repeated to:-
No.
Date 21
My Reference
8th January, 1970
GR 1/3231/70
Your Reference
Hong Kong Merchant Shipping Laws
My legal advisers and my Director of Marine have advised that a problem which exists, and which it is desired to put beyond doubt, arises with respect to those United Kingdom Acts which have not been extended specifically to Hong Kong. Presently, reliance is placed on Section 117 of the Merchant Shipping Ordinance to apply to Hong Kong those provisions of the Merchant Shipping Acts which are not specifically extended to the Colony although it is questionable whether such reliance is justifiable. There are two solutions to this particular problem, i.e.
2.
(a)
(b)
Firstly, an Ordinance could be enacted in Hong Kong stating precisely which provisions of the Merchant Shipping Acts have been applied to Hong Kong. Such a solution should place the question of the application or non-application of a U.K. Law to Hong Kong beyond doubt and also enable us to keep an Act in operation in Hong Kong, although repealed in the U.K.
Secondly, and preferred, such provisions of the Merchant Shipping Acts which have not been extended to the Colony, but merely applied, could be re-enacted in Hong Kong in a consolidated form, which would include all amendments of the Merchant Shipping Act 1894 with such minor modifications as may be necessary to apply them fully to the Colony. further Merchant Shipping Acts were introduced or amendments made in the U.K., so would such Acts or amendments be re- enacted in similar terms in Hong Kong if it was intended that they should have application here.
Additionally, it is felt that the Merchant Shipping Ordinance, which was last revised in 1950, should now be repealed and replaced. It is also felt desirable that the various provisions which relate to
(a)
Port matters;
(b)
Manning;
and (c)
International Shipping;
RECEIVED IN REGISTRY No.51
1969 1970
REŽIVED IN
REGISTRY No.51
HKK21/6
27 AN IS
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