TNAG-0323-FCO40-359-Legislation-for-merchant-shipping-registered-in-Hong-Kong-1971 — Page 85

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MR CLEWLEY

WORLD WIDE (SHIPPING) GROUP

REGISTRATION IN HONG KONG

1. Thank you for your minute of 2 July.

2.

mayaing

•

?

My answers to your questions are as follows:-

(a) I know of 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:

(b)

(c)

it is unnecessary to invoke section 735(1) of the Merchant Shipping Act 1894 in order that Hong Kong may change the

mastiss

law requiring marking etc. of ships registered in Hong Kong to be British since that requirement is contained, not

in any provision of the Merchant Shipping Acts that extend to Hong Kong, but in a Hong Kong Ordinance, namely the Merchant Shipping (Aliens Employment) Ordinance (Chapter 80). That Ordinance could be amended by further Ordinance of the

Hong Kong Legislature if, as a matter of policy, it is

desired to allow non-British persons to be masters etc. of

ships registered in Hong Kong;

section 735(1) of the Merchant Shipping Act 1894 could be invoked if, as a matter of policy, it were 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;

(d) section 2 of the Merchant Shipping (Equivalent Provisions) Act 1925 could be invoked as respects Hong Kong registered ships in UK ports so as to exempt them from provisions of

the Merchant Shipping Acts if under a Hong Kong Ordinance

to

to

(e)

they were subject substantially the same, or equally effec-

tive, provisions;

人

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.

A.R.R.

(A R RUSHFORD) DEPUTY LEGAL ADVISER

DD 737719 $57664 500M 2/71 GM 3643/2

5 July 1971