TNAG-2308-FCO40-3345-Future-of-Hong-Kong-shipping-register-1991 — Page 14

Reference

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2.

CODE 18-77

Mr Anderson

Second Legal Adviser

DOUBLE FLAGGING OF HONG KONG REGISTERED VESSELS

1.

Please see the attached papers which have been sent under cover of а letter from Our Embassy in Bonn. The German authorities ask whether the Hong Kong Merchant Shipping (Registration) Ordinance which requires Hong Kong registered ships to fly both the red ensign and the blue ensign with Hong Kong armorial bearings contradicts Section 6 of the UN Convention on the High Seas 1958 (Article 92 of UNLOSC), which requires ships to fly the flag of one State only!

2. They also ask which is the responsible registry within the terms of the High Seas Convention.

3. I should imagine that the answer is that Hong Kong is not a 'State', therefore Hong Kong ships are only flying the flag of one State, ie the UK. The responsible registry would, however, be Hong Kong. That said, Hong Kong Department advise me that this whole question of the flagging of Hong Kong ships is under discussion between DTp and Hong Kong. Ms Barrett may have some knowledge of these talks.

P Williams

AMD

270.2638 WHMZ15

30 September 1991

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Mr Riordan, HID. JMB 18/10

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