#
EC Mus. Diana GwymaFCO/AVicever
1/21/4 HKC175/1
Mr Scutt
Algn
PIR+R
Варт
wim HKC
DE
Ship Fire ba2014
MD5
Separave
Is W /W 1. Min Mhe
Tunize
Il law
wrough myrna v
!!
!
5 175/343/1
3D APR 1991
RY
し
eference
Ingram and I dwcuiua
ن
0
27 (13)
and I dwcunha From C W M Ingram
Thow thatter. Thus noves
our conclusio. All
Purovlune Pawa I
Para I we
Assistant Treasury
Although
Solicitor Room P3/033
KAR
Он
HKC 175/1
PM 2976
agoll the legal posetim
we do not thich it
richardy needs te yal
снице
HONG KONG RED-ENSIGN
1.
vation Teleo
276 5900
24 April 1991
it would take Voolong.. The answer is in Poura 4
lev Hongkong and keep jill
you
Jill Barrell infrmed please
know
7
adink DSPE абша
I refer to the Hong Kong telex, about which we spoke.
2. I agree with
the general principle that Hong Kong
cannot alter UK law. I take it that the problem is that
the Hong Kong law requires Hong Kong ships to fly something
rather than a red-ensign. If that is the case then they
would seem to be in breach of section 73(2). Does not the
same problem arise with the Cayman Islands?
I also agree that one could resolve the situation by using section 78 of
the MSA 1986. However we have never used this for classes
of ships, only individual ships. A report has to be laid
before Parliament each
each year and the names of the ships included. It will be possible to use section 78 each time
a ship goes on the Hong Kong register (there is only one report a year), but it seems a bit tedious.
3. A further point that Hong Kong may wish to consider is
that nowadays we regard our use of section 78 of the MSA 1986 merely as a matter of UK law and I doubt that it would exempt Hong Kong ships from compliance with section 73 in
other dependent territories unless they too had made
exemptions.
4. You pointed out that there was not a real difficulty in
practice. The red ensign still flies. It seems unlikely that anyone is going to argue
that the HK pennant
HK pennant are
"distinctive national colours"
-
HK is not a nation. If a
CODE 18-77
No comments yet.
Private notes are available after approval.