CONFIDENTIAL
055644 MDLIA 9627
ARE BEING IMPLEMENTED UNDER THE MERCHANT SHIPPING (PREVENTION AND CONTROL OF POLLUTION) ORDINANCE. THE U.K. RATIFIED ANNEX III ON 27 MAY 1986 AND IMPLEMENTED IT IN THE U.K. ON 1 JANUARY 1991 IN ADVANCE OF IT COMING INTO FORCE INTERNATIONALLY. THE U.K.'S RATIFICATION OF ANNEX III DOES NOT EXTEND TO HONG KONG.
4. CHINA IS ALSO A PARTY TO THE CONVENTION AND HAS, SO FAR, ELECTED TO BE BOUND ONLY BY ANNEXES I AND II.
HAVING RECEIVING THE REQUISITE NUMBER OF ACCEPTANCES, ANNEX III WILL COME INTO FORCE INTERNATIONALLY ON 1 JULY 1992.
5.
IMPLICATIONS OF NOT ACCEPTING ANNEX III
6.
THE CONVENTION PROVIDES THAT A PLACE WHICH DOES NOT ACCEPT AN OPTIONAL ANNEX WHEN IT IS IN FORCE SHALL NOT BE ENTITLED TO CLAIM ANY PRIVILEGES IN RESPECT OF THAT ANNEX. WITH RESPECT TO THE SHIPS OF NON-PARTIES, PARTIES SHALL APPLY THE REQUIREMENTS OF THE CONVENTION AS MAY BE NECESSARY TO ENSURE THAT NO MORE FAVOURABLE TREATMENT IS GIVEN TO SUCH SHIPS. A PRACTICAL EFFECT OF THIS PROVISION IS THAT HONG KONG REGISTERED SHIPS, ESPECIALLY THOSE CARRYING HARMFUL SUBSTANCES, WOULD BE SUBJECT TO UNILATERAL INTERVENTION AND INSPECTION IN THE PORTS OF PARTIES WHICH HAVE ACCEPTED ANNEX III. THESE INCLUDE VIRTUALLY ALL OF OUR PRINCIPAL MARITIME TRADING PARTNERS. NON-ACCEPTANCE OF ANNEX III COULD LEAD, THEREFORE, TO UNNECESSARY DELAYS TO HONG KONG REGISTERED SHIPS IN FOREIGN PORTS, WILL SIGNIFICANT FINANCIAL CONSEQUENCES FOR THEIR OWNERS.
7.
SHOULD ANNEX III NOT BE EXTENDED TO HONG KONG, THE IMAGE OF HONG KONG AS A PORT COMMITTED TO THE PROTECTION OF THE MARINE ENVIRONMENT FROM POLLUTION WOULD BE ADVERSELY AFFECTED. IT WOULD ALSO TEND TO UNDERMINE THE HONG KONG SHIPPING REGISTER, OUR POLICY IN RESPECT OF WHICH IS TO ADHERE TO ALL RELEVANT INTERNATIONAL MARITIME CONVENTIONS WHICH ARE BENEFICIAL TO HONG
KONG.
IMPLICATIONS OF ACCEPTING ANNEX III
8.
THE ACCEPTANCE OF ANNEX III WOULD ENTITLE HONG KONG REGISTERED VESSELS WHEN IN THE PORTS OF OTHER PARTIES TO ANNEX III TO PROMPT CO-OPERATION IN MATTERS RELATED TO POLLUTION. THE STANDING OF THE HONG KONG SHIPPING REGISTER WOULD BE ENHANCED. THE STANDARD OF SHIPMENT OF HARMFUL SUBSTANCES WILL ALSO BE
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