TNAG-2532-FCO40-3702-Application-of-International-Convention-for-Safe-Containers--1992 — Page 15

CODE 18-77

HKC 177/1

끼

CM

Dr Harkin

Hong Kong Department

WH 305

Reference

ps. Jautre.

#21/5.

From:

Mr Iain Christie

Assistant Legal Adviser

K 269 270 2576

Date: 20 May 1992

CC: Ms Anne Forryan, AMD

WHMZ 12

Fel. out. 21/5.

HONG KONG : INTERNATIONAL CONVENTION FOR SAFE CONTAINERS

4

1 I refer to your minute of 19 May 1992 concerning the above subject matter

2.

I have the following comments on the draft consultation

paper:

(i)

(ii)

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 paragraph 5.

In relation to Q.2 and A.2 of paragraph 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 extent that the United Kingdom Government is ultimately responsible for the actions of the governments and of its dependent territories in international law, this interpretation is also consistent with the definition contained in the Convention.

(iii) As to the dates contained in paragraph 4, the Convention

entered into force internationally on 6 September 1977. However its provisions did not enter into force in the United Kingdom until 8 March 1979, a year after our

ratification.

3. The only other concern of a legal nature would be to ensure that Hong Kong has domestic legislation in force at the time when the Convention is extended to it. The 12 month delay contained in our reservation on ratification should be

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