CONFIDENTIAL
4KC 370/6
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034412
TOP COPY MDLOAN 1644
CONFIDENTIAL
FM FCO
TO ROUTINE HONG KONG
TELNO 573
OF 27110OZ MARCH 92
Q DIST?
492
ст
CALIS
INFO ROUTINE UKREP JLG HONG KONG, PEKING
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HONG KONG TELNOS 786 AND 882: LOCALISATION OF LAWS: MERCHANT SHIPPING (SEAFARERS) BILL
1.
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AS WE DO NOT HAVE A COPY OF THE TEXT OF THE BILL ITSELF IT IS NOT POSSIBLE FOR US TO JUDGE WHETHER THE DRAFT CONSULTATION PAPER ACCURATELY DESCRIBES THE EFFECTS OF THE BILL. GRATEFUL IF YOU COULD SEND US A COPY.
2. THE AMENDMENT TO PARA 9 OF THE CONSULTATION PAPER (SECOND TUR) RENDERS THE TEXT AMBIGUOUS. WE ASSUME YOU INTEND THAT THE BILL WILL PROVIDE FOR (A) REPATRIATION, AND (B) PENALTIES FOR DISCIPLINARY OFFENCES. BUT IT CAN BE INTERPRETED AS (A) REPATRIATION FOR DISCIPLINARY OFFENCES AND (B) PENALTIES FOR DISCIPLINARY OFFENCES. IF THE FORMER WAS INTENDED
''WILL PROVIDE FOR PENALTIES FOR DISCIPLINARY OFFENCES AND FOR REPATRIATION WOULD BE CLEARER.
3.
IN ANNEX B, PARA B.1 IT HAS NOT BEEN MADE CLEAR WHAT THE EXTRA TERRITORIAL EFFECT WOULD BE OF PROVISIONS ON EMPLOYMENT
AND DISCHARGE AND PROVISION FOR SEAFARERS LEFT BEHIND OR REMAINING IN HONG KONG.
4.
ANNEX B, PARA E.1, COULD BE EXPRESSED MORE CLEARLY. WONDER WHETHER WORDING ALONG THE FOLLOWING LINES WOULD ACCURATELY REFLECT THE PROVISIONS OF THE BILL:
WE
''THE BILL WILL EMPOWER MASTERS OF HONG KONG REGISTERED SHIPS TO IMPOSE FINES ON SEAFARERS FOUND TO HAVE COMMITTED DISCIPLINARY OFFENCES AND WILL PROVIDE FOR SEAFARERS ON WHOM SUCH FINES HAVE BEEN IMPOSED TO APPEAL TO THE SUPERINTENDENT, WHEREVER THE SHIP MAY BE.
5. BEFORE GIVING A DEFINITVE VIEW, WE WOULD BE GRATEFUL FOR A COPY OF THE BILL ONCE YOU HAVE CONSIDERED OUR PRELMINARY
COMMENTS.
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CONFIDENTIAL
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