TNAG-2308-FCO40-3345-Future-of-Hong-Kong-shipping-register-1991 — Page 91

2.4.

5

It is vital to the viability of the register

that it should receive international recognition and

that the need for it to be as autonomous as the duties

of the State allow, should be understood.

2.5.

There can be no doubt that, in the terms of

international conventions, the ultimate duty with

regard to the operation of a shipping register and its

associated legislation lies with the State. Hence that

ultimate duty will remain with the UK until 1997 and

with the PRC thereafter. Similarly, ships on the

register in Hong Kong will be subject to British

sovereignty until 1997 and Chinese sovereignty

thereafter. That said, the duty of the State may be fulfilled by the State allowing a Dependent Territory

(or Special Administrative Region) to legislate on its

behalf in respect of ships coming under the control of

the Territory (or Region).

2.6.

Indeed, this is what is already being done.

Hong Kong legislation, for example, provides for the

Safety of Life at Sea provisions to apply to British

ships registered in Hong Kong. Likewise the revisions

proposed by the UK to the Merchant Shipping Act 1894

provide that Dependent Territories will legislate

themselves in respect of their own Registers instead of

relying on the Imperial provisions of the 1894 Act.