TNAG-0858-FCO40-1068-Proposed-UK-China-bilateral-shipping-agreement-1979 — Page 96

UK/CHINA MARITÍME AGREEMENT BRIEF

INTRODUCTION

1.

Attached as an Annex is a copy of the draft text originally handed by the Embassy to the Vice-Minister of Communications on 22 March 1976. The manuscript amendments were agreed ad referendum with the Chinese during the two negotiating sessions on 9 and 15 February. This brief (a) 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; and (b) gives a line to take in the discussions which will hopefully precede the resumed negotiations.

BACKGROUND

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. This being so it may be appropriate 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:

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

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

prises of the two contracting parties but flying third party flags (ie chartered vessels); and

(c) Crew members of (a);

(a) (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 that HK is not the only sub-register of the British flag. It is likely that if HK were excluded the other sub-registers would be.