CONFIDENTIAL
(d)
Annex IV - sewage from ships; and
(e)
Annex V - garbage from ships.
XCC(92)76
5
Annexes I and II are binding on all parties to the Convention. Annexes III, IV and V are optional annexes, meaning that a party may elect not to be bound by any one, or all of them.
6
The UK is a party to the Convention. On 18 October 1983 after considering memorandum XCC(83)111, Members ADVISED and the Governor ORDERED that Hong Kong should seek extension of Annexes I and II to the territory. The Convention and the two Annexes were extended to Hong Kong on 11 April 1985 and were implemented by extension of the relevant UK legislation to Hong Kong. The UK legislation has since been localised and consolidated under the Merchant Shipping (Prevention and Control of Pollution) Ordinance, which came into force on 15 January 1991.
7
The UK ratified Annex III on 27 May 1986 and implemented it in the UK on 1 January 1991 in advance of it coming into force internationally. The UK's ratification of Annex III does not extend to Hong Kong.
8
China is also a party to the Convention but has, so far, elected to be bound only by Annexes I and II.
9
Having received the requisite number of acceptances, Annex III will come into force internationally on 1 July 1992. We need to decide whether we should accept Annex III and seek extension of it to Hong Kong.
Implications of not accepting Annex III
10
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
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