TNAG-0323-FCO40-359-Legislation-for-merchant-shipping-registered-in-Hong-Kong-1971 — Page 55

ACTION BEING

TAKIN

BY

D.T. I.

MR HALL 250 MAY

1971

Hth regard to possible future developments the position is that the powers available under the Merchant Shipping Act 1970 are sufficiently wide to include action on nationality rules. The relevant section, s.43, cannot come into force until the necessary Regulations have been mado and their preparation is

ly to be a lengthy task. When we have formulated our proposals there will be Uxtensive consultations, but it is too soon for me to be able to envisagə what nationality conditions may be proposed.

MR MADIGAN

11 JUNE 1971

There is indeed a shortage of qualified seafaring officers - a subject on which the. Rochdale Committee of Inquiry into Shipping had a good deal to say in its recent report and so far as the UK is concerned we are at present engaged on the urgent task of reviewing current arrangements in relation to certification, manning and training of ships' officers in the hope of laying the foundations for a more stable situation in the long term. This is a subject we shall be discussing shortly with both sides of the shipping industry and in the course of such discus- sion we shall be considering, among other things, the extent to which the present requirements as to nationality of persons holding senior positions such as Master and Chief Engineer may need to be relaxed in connection with new regulations we intend to make under Section 43 of the Merchant Shipping Act 1970. This is a difficult and sensitive issue and I have no doubt that any changes in policy which we ulti- mately adopt would, in our view, be applicable not only to ships registered in the UK but also to those registered in dependent territories. So far as the Department is concerned we feel that some flexibility as regards nationality will be necessary in any case we would have to look carefully at this in connection with our possible entry into the Common Market but we may well run into strong resis- tance from representatives of the seafarers' organisations. In brief therefore I believe that some relaxation of our present nationality rules in this context is probable but I doubt whether the changes would ñecessarily go as far as Mr Pao has suggested, namely complete relaxation.

MR COSSTICK 29 JULY 1971 (VERBALLY)

The DTI are, in fact, heavily engaged in an exercise which, although it might take two years to complete, would, I am assured, solve the various problems raised by Mr Pao. A member of DTI describes this exercise as "the abandonment of the old imperial attitude of the 1894 Act and the substitution by means of Regulations under the Merchant Shipping Act, 1970, of a realistic and enlightened approach more suited to the current world situation"

MR SHOULER.

6 AUGUST 1971

There is one further mattor I should montion. In the longor torm as Mr Madigan hao already oxplained to you, changes will be forthcoming in tho manning requiroments both in respect of certification and possibly nationality requirements in the manning of British ships. Those will be the subject of regulations under the Merchant Shipping Act 1970 and in duo course the Alions Restriction (Amendment) Act 1919 will bo repealed. It would soon to us that when ragulations for the manning of British ships are mado under Section 43 of the 1970 Act and those cro brought into forco, the regulations might not apply to Hong Kong ships unless an Order in Council is mado undor Section 94 of the 1970 Act. This is a matter on which legal advice is requirod. However tho Narino Division aro proposing to consult Commonwealth Governments and certain Colonial Administrations including that of Hong Kong giving details of our proposals under the 1970 Act. Wo understand it is the intention of the Hong Kong administration to considor amendments to their Merchant Shipping Ordinance to take account of the dovolopments which will arise from the 1970 Act and no doubt this Dopartment will be involved in the course of their considerations.

The pace and contont of tho changes in United Kingdom Law affecting British ships will, of course, bo dotormined by British intorouts, that is to say by our nogotiations with the British Shipping Foderation, the Chamber of Shipping of the United Kingdom and tho ruprosentativo organisations of british souferers in the United Kingdom.

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