TNAG-2563-FCO40-3748-Future-of-Hong-Kong-localisation-of-laws-Merchant-Shipping--1992 — Page 39

CONFIDENTIAL

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MDLIAN 31

ADDRESS A NUMBER OF POINTS CONCERNING THE UK ENACTMENTS IN PART

(III) OF THE 1986 LIST, AS FOLLOWS

(A) THE FIRST ITEM IN THE LIST, THE MERCHANT SHIPPING (INTERNATIONAL LABOUR CONVENTIONS) ACT 1925, WAS APPLIED TO HONG KONG BY THE MERCHANT SHIPPING CHONG KONG) ORDER 1936, THE PURPOSE OF WHICH WAS TO ENSURE THAT HONG KONG LAW CONFORMED TO THE REQUIREMENTS OF INTERNATIONAL LABOUR CONVENTIONS 8, 15 AND 16. THE 1936 ORDER CAN BE REPEALED WITHOUT RE-ENACTMENT AS THE BRITISH SIDE'S PROPOSALS WILL ENSURE THAT HONG KONG'S LAW CONTINUES TO COMPLY WITH THE THREE CONVENTIONS:

(B) THE PROVISIONS IN THE FIRST EIGHT SETS OF REGULATIONS IN THE LIST ARE ALREADY PART OF THE LAW OF HONG KONG, HAVING BEEN REPLACED BY LOCAL REGULATIONS MADE UNDER THE MERCHANT SHIPPING ORDINANCE (CAP. 281): AND

(C) THE GENERAL UK LAW RELATING TO SEAFARERS, CONTAINED IN THE MERCHANT SHIPPING ACTS 1894 AND 1906, HAS TO A LARGE EXTENT BEEN REPLACED BY LATER UK LEGISLATION, PARTICULARLY THE MERCHANT SHIPPING ACT 1970, WHICH HAS HOWEVER NEVER BEEN APPLIED TO HONG KONG. CONSEQUENTLY, THE DETAILED UK REGULATIONS RELATING TO OFFICERS AND SEAMEN MADE UNDER THE 1970 ACT HAVE NEVER BEEN EXTENDED TO HONG KONG AND THIS IS THE CASE WITH THE REMAINING 22 SETS OF REGULATIONS IN THE LIST. HOWEVER, AS STATED IN PART (III) OF THE LIST, THESE REGULATIONS DO HAVE APPLICATIONS TO HONG KONG SHIPS IN THE SENSE THAT SOME OF THEIR REQUIREMENTS HAVE BEEN PUT INTO PRACTICE ON HONG KONG SHIPS WITH THE CONSENT OF THE INDUSTRY.

4.

THE CHINESE SIDE WILL NOTE FROM THESE POINTS THAT, OF THE UK ENACTMENTS REFERRED TO IN PART (III) OF THE 1986 LIST, THE MERCHANT SHIPPING CHONG KONG) ORDER 1936 IS TO BE REPEALED WITHOUT RE-ENACTMENT AND NONE OF THE REGULATIONS LISTED APPLIES TO HONG KONG DIRECTLY OR IS EXTENDED TO HONG KONG. THEREFORE, LOCALISATION OF THE LISTED ENACTMENTS ARISES ONLY TO THE EXTENT THAT THE EFFECT OF THE 1936 ORDER WILL CONTINUE TO BE REFLECTED IN LOCAL LEGISLATION. HOWEVER, FURTHER EXAMINATION OF THE MERCHANT SHIPPING ACTS 1894 AND 1906 SINCE THE LIST WAS COMPILED HAS ESTABLISHED THAT CERTAIN RESIDUAL PROVISIONS RELATING TO SEAFARERS AND REQUIRING A TRANSFER OF AUTHORITY FROM THE UK TO HONG KONG ALSO REQUIRE LOCALISATION AND THESE ARE LISTED IN ANNEX A TO THIS PAPER.

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