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(b) An Admiralty warrant under Section 73 of the 1894 Act. It would be too cumbersome to issue an individual warrant for each ship but if a general warrant could be issued in respect of all ships on the Register, this option might be possible. Section 73 (2) of the Merchant Shipping Act 1894 does not appear to exclude this possibility. I should be grateful if you could advise on this.
(c) Colonial Regulation 125 which permits DT merchant ships to carry distinguishing flags in addition to the red ensign. You will note our Legal Advisers' comment that we doubt Colonial Regulation 125 can be taken to mean that a general warrant has been issued in respect of British ships registered in Dependent Territories. But I should be grateful if you could clarify the effect of this regulation as Hong Kong request.
(d) Section 78 (1) of the Merchant Shipping Act 1906 which provides that the Board of Trade may exempt any ship from any specified requirement contained in the Merchant Shipping Act. This seems the most promising option but the obvious problem is that the Board of Trade no longer exists. The DTI does not exercise the functions of the Board of Trade under Section 78 (1) of the Merchant Shipping Act 1906. Our Legal Advisers think it is likely to be your Department. I should be grateful if you could confirm this and, if so, indicate whether you are willing to act under Section 78 (1) in the way Hong Kong suggest.
4. If you are not the correct Department to deal with these matters, I should be grateful if you could let me know where to seek advice.
Your ever
Pamele
P A Major (Ms)
Hong Kong Department
CC: Miss Brooks, Legal Advisers
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