TNAG-0858-FCO40-1068-Proposed-UK-China-bilateral-shipping-agreement-1979 — Page 59

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1.

UK/CHINA MARITIME AGREEMENT

ECHEROUND BRIEF

an agreement- covering the

Metropolitan aver only would exclude the other sub-registers

INTRODUCTION

1. A copy of the draft text originally handed by the Embassy

to the Vice-Minister of Communications on 22 March 1976 was

enclosed with Brown's letter of 15 March. The manuscript

amendments were agreed ad referendum with the Chinese during

the two negotiating sessions on 9 and 15 February. This brief

describes the proposals made by the Chinese which cause

difficulties for the UK and which raise issues that will need

to be resolved if an Agreement is to be reached.

Hong Kong

2. The main issue raised in the earlier negotiations was the

inclusion of Hong Kong as part of the territory of the UK for

the purposes of the agreement.

to refer here to the difficulties which would ensue if HK were to

be excluded from the Agreement and no comparable protection outside

the Agreement was secured. The best way of approaching this is to

consider whom the beneficiaries of the agreement are intended to be

They are:

This being so it may be appropriate

(a) Vessels flying the flags of the contracting parties;

(b) (For some purposes) vessels operated by shiping enter-

prises of the two contracting parties but flying third

party flags (ie chartered vessels); and

(c)

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Crew members of (a);

(d) (For some purposes) shipping enterprises of the two

parties.

In addition the interchangeability of the UK and HK needs to be

borne in mind. Thus both UK and HK can issue tonnage certificates,

radio officer's certificates etc. Finally, it has to be remembered

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that HK is not the only sub-register of the British flag. thai's likely

as well