TNAG-1314-FCO40-1696-Working-papers-for-use-at-talks-on-the-future-of-Hong-Kong-1984 — Page 34

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18.

..or by a company or companies established in and having their

principal place of business in one of Her Majesty's dominions

(which includes many independent Commonwealth countries). The

implications of such a wide definition for jurisdiction over

ships are discussed in paragraphs 7 and 8 of this paper. Since

cwners of such ships have an obligation to register, British

Registrars cannot refuse to register a ship which meets these

criteria. It follows that compliance with safety and pollution

prevention standards or manning requirements can be neither a

condition of registration nor for remaining on the register.

Non-compliance with such requirements is an offence only in

territories where they have force of Law, ie those to which

Intenrational Conventions apply and have been given effect

either by local legislation or through extension of UK

legislation by Orders in Council.

28.

Hitherto, the Government's policy has been to extend

international Conventions piecemeal to those territories who

were prepared to enact the necessary legislation to give them

effect, and who had a marine administration capable of enforcing

them. As can be seen from Appendix 1 few territories fall

into this category: those that do, have a strong shipping

tradition and dependence on shipping for their trade, as might

be expected, and for them the establishment and maintenance

of a competent marine administration is a necessity. . It is

not an economic proposition for a number of other territories

which have no requirement for a substantial fleet. But

because of the absence of any controls and of any powers to

1...