TNAG-0323-FCO40-359-Legislation-for-merchant-shipping-registered-in-Hong-Kong-1971 — Page 32

PROBLEM

Officer Manning

Under existing law

British registered

ships in Hong Kong

must have Masters,

Chief Officers and

Chief Engineers who

possess British

Certificates of

Competency. (2A & 3).

Such officers are in

short supply and

Pao wishes to engage

COMMENT AND POSSIBLE SOLUTION

(a) A short term solution would be

exemptions of up to 1 year (4A)

granted by Director of Marine,

Hong Kong, under delegated

powers provided in the Merchant

Shipping (Aliens Employment)

Ordinance.

Ordinances). The Hong Kong

Government are prepared to do

this (5A) and there is no legal

objection (6).

(Attached

DEGREE OF ACCEPTABILITY

(a) Host unlikely to be acceptable to

Kr Pao (7A). The main reason is the

lack of guarantee that a suitably

qualified British Officer could not

insist on replacing Mr Pao's nominee

whose exemption had expired outside

Hong Kong. In practice, news that

Hong Kong were allowing renewable

exceptions would soon become common

knowledge in maritime circles and

complaint from unemployed Masters or

Chief Officers holding Masters

Certificates if a foreign Master were

FROBLEM

COMMENT AND FOSSIBLE SOLUTION

DEGREE OF ACCEPTABILITY

(b) A long term solution would be to

(b)

Unlikely to be acceptable to

PMG, Hong Kong or Mr Pao becau®

invoke Section 735(1) of the

8 Merchant Shipping Act 1894 (388)

in order to vary nationality

requirements.

Legal advice (55)6)

is that there would be no

objection to this solution.

(c) A long term solution whereby

Hong Kong established its own register quite separate from

the central Aritish Registry in

Hong Kong could not then remain

part of the British Register

464 (110-Q5(a))

DTI see no

advantage to HM in Hong Kong

remaining under overall British

registry but operating under

different or lower standards

(AP) (40-66(0))*

see (c) below.

For other reasons,

(c) (1) Whether or not this would

be acceptable to Mr Pao in

not known and depends on

how much he valva ozironmeėrė 8-

PROBLEM

COMMENT AND POSSIBLE SOLUTION

not enjoy the benefits available

to British ships in Britain or her

dependencies and,

because

Commonwealth maritime countries

have adopted merchant shipping

legislation similar to UK,

benefits in Commonwealth countries

would also be denied them.

In

Zoreign countries British Consular

service would not be available.

DEGREE OF ACCEPTABILITY

(iii)

operate outside Hong

Kong the only financial

advantage from Mr Pao

would be a one-time

payment of about £98,000

for registration (35).

Hong Kong could, of

course,

increase its

registration fees and

night perhaps attract

extra tonnage not at

present eligible for

registration on British

standards.

AE The effect on UK (1007)

is likely to be to its

disadvantage mainly

because Britain would

PROBLEM

COMMENT AND POSSIBLE SOLUTION

DEGREE OF ACCEPTABILITY

presumably Hong Kong registered

ships could fly a different flag,

the fact that Hong Kong can never

be independent, means that, unless

the Governments of UK and Hong

Kong are to be wholly inconsistent,

rules for international

-

subjects must be the same Or,

at least, this is what the world

would expect.