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Foreign and Commonwealth Office
Mr Anne Forryan
AMD
Whitehall
London
SW1
ст
D
Haki
Our Ref:
SHIP 13/2/04 SHIP 13/2/03
Your Ref:
Mr Buntex HD
And could you отр крою Пах worked in
Dear Anne
let
Date: 27 February 1992
I have not for many
HUD) for
in Hul
many months! Rahaja 2/3
HONG KONG AND CAYMANIAN FLAGS
1.
I have seen a copy of
of tel no 3896 of 190506Z December 1991. Incidentally, could you let Hong Kong know that Mr O'Shea has not worked in this Division for many years?
2. I appreciate the intention as expressed in para 2, and the possible outcome of a Court case explained in para 3, but I think it is for FCO to inform consuls and colonial Governors Section 73 1894 Act applies in all colonies - and to write to C&E and MOD. I shall bring the matter to our Port State control people's attention. As you know we do not consider there should be a problem, unlike the Caymanian which clearly is a defaced red ensign. I think our difficulty is that no colonial law can overrule the UK law applied in the UK. Nevertheless where the Colonial law is confirmed by Order in Council there is clearly a difficulty. In order to ensure that this matter is resolved to everyone's satisfaction and avoid future problems we have asked that modified/defaced red ensigns etc recognised in Orders in Council should be acceptable alternative national colours in the next Merchant Shipping Bill.
3. I must stress however that this only deals with UK law. To be absolutely safe every Colony and Crown Dependency, which now original 1894 MSA or modification of it, would need to adjust their legislation. That is why I am asking you to inform all Governors. It may be best if they tell their people to turn "Nelsonian eyes", i.e. give the benefit of the doubt to the Hong Kong and Caymanian flags.
4.
I am copying this to Pamela Major HKD and Barbara Proctor WIAD.
по
yous
A SCUTT
ours sincerely Alan Swett.
Domestic Shipping Policy and Emergencies
17
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