TNAG-0323-FCO40-359-Legislation-for-merchant-shipping-registered-in-Hong-Kong-1971 — Page 54

CODE 18-77

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Mr Service

(the bar. Clayton, MAR 201

Please refer to Doc 4.

Question 4

My comments on the points of concern to MAR 2 in Doc 4A are as follows:-

presumably by "classification surveyors" is meant surveyors of Classification Societies. Provided that those surveyors did in fact ensure that British specifications were met on ships constructed outside British jurisdiction there would seem to be no objection to using them so far as safety equipment is concerned. The UK already use Classification Society surveyors for safety equipment surveys of ships building in Japan, but it should be noted (a) that the surveyors are specially appointed for the purpose as surveyors of ships under Section 724 of the 18, Act and hence are directly responsible to HMG for their actions in this respect, (b) as far as can be maintained only surveyors of British nationality belonging to Lloyd's Register of Shipping are so appointed. I do not know if the Governor of Hong Kong has power to appoint surveyors similarly, but presumably so. No doubt the FCO would be able to say if required.

Question 6(c) and 7 Doc 2 is relevant here. If by applying S.735(1) of the 1894. Act and/or S.2 of the 1925 Act the LSA Rules etc no longer apply to ships registered in Hong Kong then Hong Kong are obviously free within their obligations as a 1960 SOLAS Convention country to interpret the SOLAS requirements as they think fit. It is not clear what Mr Pao's requirements are but presumably Hong Kong could fit their requirements exactly to his if they so wanted. Whether the UK would agree that these requirements fitted the Convention is another matter entirely. The UK tends to interpret the SOLAS requirements strictly and in some instances requires higher standards than the minimum laid down in the Convention. The only possible outcome of the courses envisaged would be either a raising of the safety standards on Hong Kong registered ships, which seems unlikely, or the maintenance of standards identical with or equivalent to those of the UK (which the 15th paragraphy of Doc 3A seems to support) or a lowering of safety standards in the opinion of the UK but not necessarily below the standards of other Convention countries.

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I am passing this through Mr Clayton in case he has any matters he might wish to comment on.

DE Bates MAR 23

27 July 1971

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