TNAG-1314-FCO40-1696-Working-papers-for-use-at-talks-on-the-future-of-Hong-Kong-1984 — Page 77

CODE 18-77

SECRET

Davis.

Over to

Mr Hum, HKD

ди

میں

3/2

Reg

Reference..

Enter 2 to me rody with pp.

CC: Mr Darwin

(40

FUTURE OF HONG KONG: WORKING PAPER ON SHIPPING

1.

(39)

I have discussed with Mr Darwin Hong Kong telegram no 272 of 1 February and Peking telegram number 180 of the same date.

2.

S

I see no objection to the formulae suggested in Peking's telegram number 180, if you wish for reasons of policy to adopt any of them. However, the comments which follow relate to the draft in Hong Kong telegram number 272

39

Paragraph 1 (Implications)

6/2

In line 4 the words "including the ports of China" should be deleted. Their retention would highlight the point that in Chinese eyes Hong Kong is already a Chinese port, whereas in our view it is not. Since this sentence is already expressed as relating to the operation of ships "between Hong Kong and all other ports" there can be no doubt that the latter includes Chinese ports.

Paragraph 4, line 4

+IK KO40/1

RECE:VED IN NEJISTRY

I suggest "to or from ships" rather than "to ships".

Paragraph 5

DU 1984

Change the full stop after "1976" to a comma. Also in the last sentence insert "the" before "International Maritime Organisation."

Paragraph 6

снар

This raises a basic issue. The registration of ships and the consequent granting of nationality and the right to wear a m tional flag is not a function which belongs to a dependent territory or part of a State. It is a function performed by States. The State of registration is entitled to accord international protection to the ships. A State may of course allow the authorities of several of its ports to register ships. But when they are so registered they become part of the national register. Prior to 1997 the most that Hong Kong can expect will be to be treated as a port of registry, to be allowed to register vessels as part of the British register and to allow ships to wear a form of British flag. The form of that flag may be distinctive to Hong Kong, but it should not be such as to mislead others as to the nationality of the vessel. The normal solution would be some kind of defaced British flag.

After 1997 Hong Kong may continue to operate in that sort of way, but the register will be part of the Chinese register and the flag will represent Chinese nationality. The latter could be a distinctive form of flag relating only to the SAR, but

/it

SECRET