TNAG-2532-FCO40-3702-Application-of-International-Convention-for-Safe-Containers--1992 — Page 13

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INFO ROUTINE PEKING, UKREP JLG HONG KONG

1119, 1120

YOUR TELNOS 1119, 1120, 1313: INTERNATIONAL CONVENTION FOR SAFE CONTAINERS

1 WE HAVE THE FOLLOWING COMMENTS ON THE DRAFT CONSULTATION PAPER (SECOND TUR):

(A) THE OBLIGATION TO MAINTAIN CONTAINERS IN A SAFE CONDITION, IN ACCORDANCE WITH THE PROVISIONS OF ANNEX 1 OF THE CONVENTION, HAS BEEN OMITTED FROM THE QUESTIONS AND ANSWERS SET OUT IN SECOND TUR (PARA 5).

(B) IN RELATION TO Q.2 AND A.2 OF PARA 5, THE DEFINITION OF ADMINISTRATION IN THE CONVENTION IS NOT GOING TO PRESENT AN OBSTACLE TO OUR EXTENDING IT TO HONG KONG. THE INTERPRETATION GIVEN TO THE WORD 'ADMINISTRATION' IN A.2 OF THAT PARAGRAPH IS THE ONLY SENSIBLE WAY OF INTERPRETING THE CONVENTION IN ORDER TO ALLOW THE LOCAL GOVERNMENT TO HAVE POWER TO ENTRUST TESTING, INSPECTION AND APPROVAL TO AN ORGANISATION WITHOUT THAT LOCAL GOVERNMENT ITSELF BEING DEEMED THE ORGANISATION WITHOUT FURTHER POWERS OF DELEGATION. TO THE EXTANT THAT HMG IS ULTIMATELY RESPONSIBLE FOR THE ACTIONS OF THE GOVERNMENTS OF ITS DEPENDENT TERRITORIES IN INTERNATIONAL LAW, THIS INTERPRETATION IS ALSO CONSISTENT WITH THE DEFINITION CONTAINED IN THE CONVENTION.

(C) REGARDING THE DATES IN PARA 4, THE CONVENTION ENTERED INTO FORCE INTERNATIONALLY ON 6 SEPTEMBER 1977. HOWEVER, ITS PROVISIONS DID NOT (NOT) ENTER INTO FORCE IN THE UK UNTIL 8 MARCH 1979, A YEAR AFTER OUR RATIFICATION.

2. ANOTHER LEGAL CONCERN WOULD BE TO ENSURE THAT DOMESTIC LEGISLATION IS IN FORCE AT THE TIME WHEN THE CONVENTION IS EXTENDED TO HONG KONG. THE TWELVE MONTH DELAY CONTAINED IN OUR RESERVATION ON RATIFICATION SHOULD GIVE SUFFICIENT TIME TO ENSURE

SUCH LEGISLATION IS IN PLACE.

3. THE HEALTH AND SAFETY EXECUTIVE HAVE NO OBJECTIONS TO YOUR

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