TNAG-2563-FCO40-3748-Future-of-Hong-Kong-localisation-of-laws-Merchant-Shipping--1992 — Page 38

ल

CONFIDENTIAL

170257

MDLIAN 1431

HKCC 370/6

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 786

OF 13095OZ MARCH 92

AND TO PRIORITY PEKING, UKREP JLG HONG KONG

TOP COPY Q DIST?

см

Ma

MIPT: LOCALISATION OF LAWS: MERCHANT SHIPPING (SEAFARERS)

BILL.

THE TEXT OF THE DRAFT CONSULTATION PAPER REFERRED TO IN MIPT

IS AS FOLLOWS:

BEGINS

INTRODUCTION

THIS PAPER HAS BEEN PREPARED AS A BASIS FOR CONSULTATION, IN ACCORDANCE WITH THE THREE PRINCIPALS FOR CONSULTATION AGREED AT THE EIGHTH MEETING OF THE SINO-BRITISH JOINT LIAISON GROUP, ON THE WAY IN WHICH THE BRITISH SIDE INTENDS TO LOCALISE CERTAIN PROVISIONS IN UNITED KINGDOM ENACTMENTS WHICH APPLY TO HONG KONG. THE MATTERS COVERED BY THIS PAPER CONCERN THE RECRUITMENT, REGISTRATION, EMPLOYMENT, CONDITIONS OF WORK AND DISCIPLINE OF SEAFARERS.

BACKGROUND

2. THE CHINESE SIDE WILL RECALL THAT ON 27 MAY 1986 THE BRITISH SIDE HANDED OVER ANSWERS TO A SERIES OF QUESTIONS RAISED BY THE CHINESE SIDE ON THE HONG KONG SHIPPING REGISTER. ATTACHED TO

THOSE ANSWERS WAS A LIST OF UK ENACTMENTS IN THE FIELD OF MERCHANT SHIPPING, DIVIDED INTO FIVE PARTS. PART (I), (II) AND (IV) OF THE LIST RELATED TO THE REGISTRATION OF SHIPS, SAFETY AND POLLUTION, RESPECTIVELY. THE ENACTMENTS MENTIONED IN THOSE PARTS HAVE SINCE BEEN LOCALISED. PART (V) OF THE LIST RELATED TO SHIPOWNERS' LIABILITY AND TO CARRIAGE OF GOODS BY SEA. THE CHINESE SIDE AGREED AT JLG XX TO THE LOCALISATION OF UK ENACTMENTS ON SHIPOWNERS' LIABILITY. PROPOSALS RELATING TO THE CARRIAGE OF GOODS BY SEA ARE IN PREPARATION. THE SUBJECT OF THIS PAPER IS THE ENACTMENTS IN PART (III) OF THE LIST, WHICH RELATE TO SEAFARERS, I.E. TO SHIPS' OFFICERS AND SEAMEN.

3.

IN FORMULATING ITS PROPOSALS, THE BRITISH SIDE HAS HAD TO

1

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