TNAG-0323-FCO40-359-Legislation-for-merchant-shipping-registered-in-Hong-Kong-1971 — Page 40

Hall

ค.

DEPARTMENT OF TRADE AND

BOARD-OF-TRADE

Marine Division

Sunley House 90 High Holborn London WC1

Telex 264084 Answer Back MARBOT London

Telegrams Marbot London WC1

JA Clewley Esq

Foreign and Commonwealth Office London, SW1

Telephone 01-405 6911 ext

306

Your reference

Our reference

Date

HKK 21/6

MC49/1/0242 b August 1971

4

Dear Clewley

WORLD WIDE (SHIPPING) LTD

You spoke to me on 3 August about the answers to the questions sent with your attor of 8 July to/Hoare. As I mentioned to you these questions range over the interests of 7 different branches in the Department and you will appreciate that as it is now the height of the holiday season some of the people from whom views are required are not here. However I think I can now answer most of your questions as follows leavin a few points to be cleared up at a later date.

QUESTION 1. Although Hong Kong is a port of British registry the Director of Harine Hong Kong, is responsible for the enforcement of and exemption from the shipping logislation of Hong Kong. The Director has already said in the final sentence of t second paragraph on page 2 of his letter of 5 May 1971 and again in the final para- graph of that letter that he has been given powers of exemption and it would therefo seen possible for him to grant the exemptions you postulate. Whether he would consider this a judicious use of his powers is another matter. Given that the ship: are on the British register and Hong Kong is a dependant Colonial territory, I would expect the Director to follow policies which are not markedly out of line with our c Present UK policy would restrict the issue of an exemption for a foreign national to occupy one of the statutory positions in a British ship to most exceptional cases and where we would expect the following circumstances to apply:-

(i) the representative organisations of the officers had confirmed that no certificat

British officer was available and willing to take up the post.

A

(ii) The ship was employed habitually betweon ports outside the United Kingdon,

(iii) The foreign national hold an appropriate certificate of compentency from a

reputable marine authority or in exceptional circumstances had experience appropriate to a particular job, for example coastal trading in the Arabian Gulf where native crews are employed.

(iv) The duration of the exemption was limited and in any case not exceeding one year

at a time.

QUESTION 2. The marine authorities in foreign ports would not interfere in such a matter and it is unlikely that H Consuls would do so either unless specifically instructed by this department indeed they could be instructed not to object. event they do not have the power to detain ships. An exemption given to a British

In any

B →