CODE 18-77
Reference..
They could
"certificates" for the purposes of Article 5(2). perhaps be regarded as species of "certificates" within the meaning of Article 5(2).
the relationship between 5. In view of the lack of clarity in these provisions, I would suggest that the more general word, "certificate", be retained in the speaking note. You might however like to check with DTP their reasons for suggesting the change and invite them to comment on my comments.
6. The suggestion in A2 that Chinese containers will not receive less favourable treatment in HK ports than those from Parties to Annex III seems inconsistent with para 6 of the speaking note. I agree that the Chinese, as a non-party to Annex III, may not like the answer to this question; but then they might not like para 7 of the Speaking Note either. It is however difficult to see how the risk of giving offence in this way can be avoided without weakening the case for applying the Annex to Hong Kong. How to strike the correct balance is obviously a tactical question for you.
7. For AMD
Neither the Convention nor the Protocol have been published in HMSO's Treaty Series, despite the fact that both entered into force in 1983 for the UK. Our legal librarian, Mrs Halls, enquired of Treaty Section why this was so, and they apparently said that it was because the Convention was not yet in force. It is true that the original Convention has not entered into force and never will, but the 1978 Protocol which amended the Convention .. incorporates the whole of the Convention by reference (see Article 1(b) of the Protocol). Therefore, the Convention as amended by the Protocol entered into force in 1983, and the Convention and Protocol are to be read together as one single instrument.
8.
It follows that publication of both the Convention and the Protocol in the Treaty Series is long overdue. You might like to pursue this matter with Treaty Section.
Fill Banett
Jill Barrett
Assistant Legal Adviser
JB6AAW
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