TNAG-0640-FCO40-788-Visits-of-nuclear-powered-merchant-ships-to-Hong-Kong-1988 — Page 40

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PRIORITY

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MIT BONN 1315302

CONFIDENTIAL

CONFIDENTIAL

TO PRIORITY FCO TELNO 774 OF 13 AUGUST

MY IPT: PROPOSED VISIT OF NS OTTO HAHN

1. FOLLOWING IS TEXT OF DRAFT NOTE:-

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1. IN THE CASE OF NUCLEAR DAMAGES TO..PERSONS OR PROPERTY ARISING CLAIMANTS OUT OF A PICLEAR INCIDENT ON BOARD H.S. OTTO HAIW'', WILL. DE ABLE TO PROCEED IN THE COURTS OF THE FEDERAL REPUBLIC OF GERMANY IN ACCORDANCE WITH THE PROVISIONS OF THE GERMAN ATOMIC ENERGY ACT OF DECEP VER 233D, 1959 AS AMENDED BY THE LAW OF DECEMBER 19TH, 1975, IRRESPECTIVE OF WINE THE NUCLEAR INCIDENT OR THE NUCLEAR DAMAGE HAVE TAKEN PLACE.

2. THE ABOVE NANTIQUED RIGHTS OF CLAINANTS EXIST INDEPENDENTLY OF WIETEER THE CONVENTICH OF THE LIADILITY OF OPARATORS OF HUCLEAR SHIPS (ERUSTELS 25 MAY 1932) HAS HITERUATI CHALLY CRITCRED INTO FORCE OR WHETHER THE STATE OF RICH THE CLAIMANT IS A NATIONAL HAS VECOME A PARTY TO THE CONVENTION, SIECE THE PROVISIONS OF THE CONVENTION HAVE DEM INCLUDED INTO GENNAH NAYTONAL. LAV,

17 14 NOT TO BE EXPECTED THAT TRE LEGAL POSITION OF POSEIDLE CLAIMITS MIGHT BE RETROACTIVELY WORSENED BY CHANCES OF THE LAV SINCE IT IS IMPOSSIBLE CONCIALLY IN CHERMAN LAW TO AFFECT ADVERSELY PRIVATE VESTER RICHTS THROUGH ACTS GOVESTED BY PUBLIC LAV EXICITING CLATES FOR DAMZQGS APE PROTECTED BY THE GUARANTEE TO PROPERTY NICHTS OF ARTICLE 14 (HUNDGESETZ.

4. THE OPHRATOR OF R.C. POTTO HAII**, THE GESELLSCHAFT. FUER KERNENERGILVERWERTUNG #1 SCHIFFRAN UND SCHIFFAIRT M.D.H., THE CHARES OF WINCH ARE HI! THEIR VATT MAJORITY HELD BY THE FIGURAL REFUCLIC OF CONRANY, HAS ASSURED THIS MINISTRY DY A LETTER DATED AUGUST STI, 1976, THAT IT WILL ERING NO ACTION OF RECOURSE FOR A NUCLEAR DAMAGE IN THE SENSE OF ARTICLE 1 OF THE BRUSSELS. CONVENTION ON NUCLEAR SHIPS WHICH IS CP CONCERN TO THE UNITED

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