TNAG-2305-FCO40-3337-Convention-on-the-Marking-of-Plastic-Explosives-for-the-Purp-1991 — Page 7

1

UNCLASSIFIED

FM PORT STANLEY

TO PRIORITY FCO

TELNO 125

OF 201915Z AUGUST 91

15

UNCLASSIFIED

Hucosi/1 sill

ни

Ph

022545

MDLIAN 4355

YOUR TELNO 74 TO HAMILTON. CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES FOR DETECTION

1.

PROHIBITION OF MANUFACTURE OF UNMARKED PLASTIC EXPLOSIVES WOULD REQUIRE NEW LEGISLATION. PROHIBITION OF THE IMPORT OR EXPORT OF UNMARKED PLASTIC EXPLOSIVE CAN BE DEALT WITH BY PROCLAMATIONS BY ME UNDER THE CUSTOMS ORDINANCE.

2.

!

SO FAR AS WE ARE AWARE, THERE ARE NO PLASTIC EXPLOSIVES (MARKED OR UNMARKED) PRESENTLY IN CIVILIAN HANDS IN THE FALKLAND ISLANDS. WE DO NOT HAVE ANY INFORMATION AS TO PLASTIC EXPLOSIVES IN THE HANDS OF THE MILITARY. IT IS PERHAPS UNDESIRABLE THAT ANY LEGISLATION WE MIGHT INTRODUCE SHOULD EXTEND TO THE MILITARY AND WE BELIEVE IT WOULD BE BETTER FOR UK LEGISLATION/ADMINISTRATIVE CONTROLS APPLICABLE TO THE ARMED FORCES POSSESSION/USE/CONTROL/MARKING/MANUFACTURE OF PLASTIC EXPLOSIVES TO BE EXTENDED BY HMG TO THE MILITARY HERE.

3.

NO PLASTIC EXPLOSIVES ARE MANUFACTURED HERE.

4. THE EXPLOSIVES ACT 1875 (AS AMENDED TO DATE) AND THE EXPLOSIVES ACT 1923 APPLY HERE BY TERMS OF LOCAL LAW. IT WOULD APPEAR THAT AMENDMENTS TO SECTION 43 TO 45 OF THE 1875 ACT AND AN ORDER IN COUNCIL UNDER SECTION 43 OF THE 1875 ACT WOULD PERHAPS BE A CONVENIENT METHOD OF IMPLEMENTING THE CONVENTION. IF THE UK WERE TO CHOOSE THIS ROUTE THE UK LAW (INCLUDING THE ORDER IN COUNCIL) WOULD BY REASON OF FALKLAND ISLANDS LAW AUTOMATICALLY APPLY HERE FROM THE DATE OF THE COMMENCEMENT OF THE UNITED KINGDOM LAW: NO EXTENSION ORDER IN COUNCIL IN THE UNITED KINGDOM WOULD BE NEEDED.

5.

THERE WOULD, IN ANY CASE, BE NO GREAT DIFFICULTY IN DRAFTING APPROPRIATE LOCAL LEGISLATION ONCE WE HAVE SIGHT OF ANY LEGISLATION PREPARED IN THE UNITED KINGDOM FOR THE PURPOSE OF IMPLEMENTING THE CONVENTION.

FULLERTON

PAGE

1

UNCLASSIFIED