TNAG-2531-FCO40-3701-Hong-Kong-shipping-matters-1997 — Page 78

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TELNO 3896 OF 19 DEC 1991: HONG KONG SHIPPING REGISTER.

1. WE APOLOGISE FOR THE DELAY IN REPLYING TO TUR.

2. OUR LEGAL ADVISERS TAKE THE VIEW THAT IRRESPECTIVE OF WHETHER THE 1984 ACT WAS REPEALED IN RESPECT OF HONG KONG BY PART 3 OF SCHEDULE 5 TO THE MERCHANT SHIPPING (REGISTRATION) ORDINANCE 1990, A HONG KONG VESSEL NOT FLING THE RED ENSIGN BUT FLING THE BLUE ENSIGN WITH HONG KONG ARMORIAL BEARINGS COULD UNDER INTERNATIONAL LAW BE DETAINED BY THE AUTHORITIES OF ANY NATION ( INCLUDING THE UK), SINCE IT WOULD NOT BE CARRYING THE FLAG OF ANY STATE.

3. IT SEEMS THEREFORE AS IF WE ARE BACK TO SQUARE ONE. WE INTEND TO UNDERTAKE SOME LEGAL RESEARCH HERE TO SEE IF THERE IS

ANY WAY OUT OF THIS IMPASSE. WE HOPE TO HGAVE THE RESULTS OF THIS IN A MONTH OR SO. IN THE MEAN TIME WE SHOULD BE GRATEFUL TO KNOW WHAT THE SITUATION WILL BE POST 1997 IN REGARD TO CHINESE LAW ON THE FLAGGING OF MERCHANT VESSELS IF SUCH A THING EXISTS.