TNAG-2305-FCO40-3337-Convention-on-the-Marking-of-Plastic-Explosives-for-the-Purp-1991 — Page 11

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! HKCOSI/1

16 AUG 1981

15

171766

MDLOAN 0260

UNCLASSIFIED

FM FCO

TO PRIORITY HAMILTON

TELNO 74

OF 091515Z AUGUST 91

f.

AND TO PRIORITY ANGUILLA, TORTOLA, GRAND CAYMAN, PORT STANLEY AND TO PRIORITY GIBRALTAR, PLYMOUTH, ST HELENA

AND TO PRIORITY GRAND TURK, WELLINGTON

INFO ROUTINE HONG KONG, UKREP JLG HONG KONG

WELLINGTON FOR PITCAIRN

CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES FOR DETECTION

SUMMARY

1. CONSIDERATION OF MEANS TO GIVE EFFECT TO CONVENTION IN DEPENDENT TERRITORIES. INFORMATION SOUGHT BY END SEPTEMBER. DETAIL

2. MS FOX'S FAXED LETTER OF 17 JULY TO WOOD (SCD), NOT COPIED ELSEWHERE, REFERS. EARLIER CORRESPONDANCE TO ALL TERRITORIES RESTS WITH WOOD'S LETTER OF 7 MARCH TO GOVERNORS, AND WITH REPLIES THERETO. ALL DTS HAVE INDICATED THEIR WISH TO BE INCLUDED IN RATIFICATION OF THE CONVENTION.

3. MS FOX'S LETTER ASKED WHETHER NEW PRIMARY LEGISLATION WOULD BE NEEDED TO EFFECT RATIFICATION. WOOD'S LETTER UNDERTOOK TO KEEP GOVERNORS INFORMED ON THIS SCORE.

AS FOR RATIFICATION ON BEHALF OF THE UK, WE HAVE CONCLUDED THAT WE CAN GIVE EFFECT TO THE CONVENTION BY MAKING REGULATIONS UNDER EXISTING LEGISLATION, PRIMARILY THE HEALTH AND SAFETY AT WORK ACT 1974, WITH EXPORT CONTROLS UNDER THE EXPORT OF GOODS (CONTROL) ORDER 1989, ITSELF DERIVING FROM THE IMPORT, EXPORT AND CUSTOMS POWERS (DEFENCE) ACT 1939. WE HOPE TO HAVE THE REGULATIONS IN PLACE WITHIN TWO YEARS. UNFORTUNATELY, NEITHER

OF THE RELEVANT ACTS CONTAINS PROVISIONS ALLOWING EXTENSION TO

DEPENDENT TERRITORIES.

5. THE QUESTION THEREFORE ARISES OF HOW THE CONVENTION CAN BE GIVEN EFFECT IN THE DEPENDENT TERRITORIES. (HONG KONG HAVE ALREADY INDICATED THEIR INTENTION TO INTRODUCE LOCAL LEGISLATION.) THE PRINCIPAL ELEMENTS OF THE CONVENTION WHICH NEED TO BE GIVEN EFFECT ARE: ARTICLE II (PROHIBITION OF MANUFACTURE OF UNMARKED EXPLOSIVES): ARTICLE III (CONTROLS ON IMPORT AND EXPORT OF UNMARKED EXPLOSIVES): AND ARTICLE IV (CONTROLS ON POSSESSION AND PHASED DESTRUCTION OF UNMARKED

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