19 July 1991
Covering CONFIDENTIAL
A Scutt Esq
Domestic Shipping Policy and Emergencies
Room P2/075
Department of Transport
2 Marsham Street
LONDON
SW1P SEB
HONG KONG SHIPPING REGISTER
1.
Thank you for your letter of 21 May to Pamela Major setting out your views on the problem highlighted in Hong Kong telno 1010. You will have seen our telegram to Hong Kong (FCO telno 1175) in which we conveyed your advice, and Hong Kong's reply (Hong Kong telno 2223). I enclose copies of these telegrams for ease of reference.
2.
We and our Legal Advisers are inclined to agree with the Hong Kong telegram to the extent that this is not a difficulty we can simply ignore.
3. In view of Hong Kong's further arguments in favour of the use of Section 78 of the Merchant Shipping Act 1906 and their acceptance of the public scrutiny to which the Secretary of State's report would be subjected, I should be grateful if you could undertake to reconsider this option with your Legal Advisers. You might also wish to consider the other options which were set out in Pamela Major's letter to you of 21 May (copy enclosed).
4. I should also be grateful for your view on whether we can offer Hong Kong the assurance they seek in paragraph 8 of telno 2223 as an interim solution.
CJ Sainty
Hong Kong Department
cc: Miss Brooks, Legal Counsellor, FCO
CAMAHJ
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