CONFIDENTIAL
FM HONG KONG
TO ROUTINE FCO
TELNO 3896
OF 190506Z DECEMBER 91
CONFIDENTIAL
R-2 12
112200 COL
12507
NDLIAN 296
repi
YOUR TELNO 1886: HONG KONG SHIPPING REGISTER.
1. OUR INITIAL VIEW WAS THAT THE OPTION OF REFRAINING FROM ENFORCING SECTION 73 OF THE MERCHANT SHIPPING ACT 1894 WOULD NOT BE A SATISFACTORY FORMAL SOLUTION (PARA. 8 OF OUR TELNO 2223). ON REFLECTION, WE FEEL THAT THIS COULD IN FACT FORM THE BASIS OF A SATISFACTORY SOLUTION AND INDEED BE PREFERABLE TO THE OTHER OPTIONS WE ASKED YOU TO CONSIDER, INCLUDING THE SEEKING OF A WARRANT.
2. WE NOW CONSIDER THAT PART I OF THE 1894 ACT, INCLUDING SECTION 73 WHICH PRESCRIBES THE PROPER NATIONAL COLOURS FOR BRITISH SHIPS, WAS REPEALED IN RESPECT OF HONG KONG REGISTERED SHIPS FOR ALL PRACTICAL PURPOSES BY PART 3 OF SCHEDULE 5 TO THE MERCHANT
SHIPPING (REGISTRATION) ORDINANCE 1990. THE POWER TO EFFECT THAT REPEAL WAS EXPRESSLY CONFERRED BY THE HONG KONG (LEGISLATIVE POWERS) ORDER 1986. THE 1986 ORDER ALSO ENABLED US TO MAKE LAWS IN THE FIELD OF MERCHANT SHIPPING HAVING EXTRATERRITORIAL EFFECT AND SECTION 37(2) OF THE 1990 ORDINANCE HAS SUCH EFFECT. IT SAYS THAT A REGISTERED SHIP ''MAY AT ANY TIME, AND SHALL ON ENTERING AND LEAVING ANY PORT, FLY THE PROPER COLOURS'' AS SPECIFIED IN SCHEDULE 1 TO THE ORDINANCE. THE INTENTION IS THAT THIS SHOULD
INCLUDE THE HIGH SEAS AND ANY PORT OUTSIDE HONG KONG.
3. AS WE NOW SEE IT, IF ANY MASTER OF A BRITISH SHIP ON THE HIGH SEAS OR ANY BRITISH CONSULAR OFFICER IN A FOREIGN PORT OR ANY HARBOURMASTER IN A BRITISH PORT OTHER THAN HONG KONG WERE TO DETAIN OR TAKE OTHER ACTION AGAINST A HONG KONG REGISTERED SHIP ON THE GROUNDS THAT IT WAS FLYING COLOURS NOT AUTHORISED BY THE MERCHANT SHIPPING ACTS, THEN PROVIDED THE SHIP WAS FLYING THE COLOURS PRESCRIBED BY THE 1990 ORDINANCE, THE OWNERS WOULD BE ENTITLED TO REDRESS FOR WRONGFUL DETENTION OR OTHER ACTION CAUSING DELAY OR OTHER PROBLEMS FOR THE SHIP.
4. IF YOU AGREE WITH THIS INTERPRETATION, WE WOULD BE CONTENT FOR YOU SIMPLY TO ENSURE THAT THE POSITION IS GENERALLY UNDERSTOOD BY ALL WHO MIGHT BE CONTACTED FOR ADVICE ON THE LEGALITY OF COLOURS
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