TNAG-1314-FCO40-1696-Working-papers-for-use-at-talks-on-the-future-of-Hong-Kong-1984 — Page 22

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legal person clearly subject to the jurisdiction of the

country concerned.

10.

The

However, there is another aspect of ship registration

in Dependent Territories which has given rise to concern.

In order to undertake the duties of a flag state it is now

necessary, because of the substantial body of international

shipping law, to have a permanent marine administration

including an appropriate number of professional surveyors.

Understandably, not all Dependent Territories have been able

to establish and support such an administration.

Government's policy hitherto has therefore been to limit

the extension of international Conventions to those which

could undertake the necessary administrative and surveying

duties, in the expectation that British vessels requiring

full Convention certificates would seek registration in

British ports of registry where these facilities are available.

In practice, however, this has made it possible for sub-standard

ships to obtain registration as British vessels whilst

escaping the rigorous survey and inspection requirements

applied to vessels on the UK register, and to circumvent

important safety legislation in force in the UK but not

in the territory concerned. Under the provisions of the

1894 Act, Dependent Territories have no powers to refuse

registration to eligible ships.

11. The scope for abuse was recognised in the Consultative

....