TNAG-0323-FCO40-359-Legislation-for-merchant-shipping-registered-in-Hong-Kong-1971 — Page 67

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Mr Forrester

CONFIDENTIAL

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WORLD WIDE (SHIPPING) GROUP

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our next wort.

A.R.

1. I understand that Mr Royle would like to know how we stand on the question of the registration of Mr Pao's ships in Hong Kong.

2.

We have now obtained legal opinion on the issues involved. It is as follows

(a)

(b)

(c)

(a)

There is no provision of law that obliges Hong Kong to model its Merchant Shipping Ordinances on UK legislation. In so far as Hong Kong has done this, it was done as a matter of policy.

It is not necessary to invoke section 735(1) of the UK Merchant Shipping Act of 1894 (a copy of the section is attached) in order that Hong Kong may change the law about the manning of ships registered in the Colony. All that would be necessary to alter the present arrangements would be to amend the Hong Kong Merchant Shipping (Aliens Employment) Ordinances if, as a matter of policy, it was desired to allow non-British persons to man ships registered in the Colony.

Section 735(1) of the Merchant Shipping Act could be invoked if, as a matter of policy, it was thought desirable to allow Hong Kong to replace the provisions of the Merchant Shipping Acts that at present extend to Hong Kong as part of its law and govern the registration of ships in Hong Kong or regulate Hong Kong registered ships by other provisions contained in a local Ordinance.

Administrative action under a Hong Kong Ordinance regulating Hong Kong registered ships that is in identical terms to those of a UK law regulating UK-registered ships need not be the same as administrative action under the UK law if, as a matter of policy, a divergence of practice seems desirable.

3. The DTI told us that the questions arising from Mr Pao's reply to the Director of Marine Hong Kong (a copy is attached) touched on many facets of the work of the Marine Division of the Department. They therefore asked if we could send them a list of specific points on which we would like their comments. In response to this request the list, of which a copy is attached, was sent to the DTI.

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CONFIDENTIAL

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