TNAG-1661-FCO40-2309-Hong-Kong-localisation-of-shipping-legislation-1987 — Page 129

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

3

2

3.

The Convention would apply to acts on board Hong

Kong registered vessels. It might be necessary for

Committee A of the Steering Group on the Shipping Register

to give it some consideation in due course.

KEY DIFFICULTIES IN APPLYING THE CONVENTION

4.

النير

Application of the Convention is by reference to

'flag states'. Hong Kong is a port of registry (with its

flag state being UK before 1997 and China after 1997). Potential difficulties might be overcome by the concept of

one state two legislative systems.

(Cross Reference: For the aircraft convention, application

is based on the 'state of registration of the aircraft' while in the present case, application is based on the 'flag

state'.)

5.

The application of certain parts of the Convention

depends on the bimits of the territorial seas. However, in

the case of Hong Kong, there is no definition of such limits

endorsed both by the British and Chinese sides (although it

is noted that at present certain maritime laws, as the

Shipping and Port Control Ordinance are said to apply to

Hong Kong's territorial waters.

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