24 FEB 1993
CUIVFIVEINTIALTEX TH
International Law Division, From Attorney General's Chambers
IL/TRE/7/2 II
MEMO
To Secretary for Economic Services
(Attn: Mr Daniel Sin)
Ref. (31) in
Tel. No.
810 2754
Dote
17 February 1993
G.F. 23
Your Ref. (44) in ESB CR 13/5061/92
12 February 1993
dated
International Oil Pollution Compensation Fund (IOPC)
I have discussed your memorandum and previous ones from the Marine Adviser on this matter with LO(IL) himself.
2.
the IRO
As you know, the Chinese side of Sub-group of JLG agreed as recently as 8 June 1992 that the IOPC Fund Convention could continue to apply to Hong Kong after 30 June 1997.
3.
to
The Marine Adviser in London has proposed that Hong Kong, in its capacity as an Associate Member of the IMO, should be invited
attend meetings of the IOPC as an observer. The Convention establishes an Assembly, a Secretariat headed by a Director and an Executive Committee. It also provides for meetings of the Assembly and of the Executive Committee. But, in neither case does it specifically contemplate the attendance of non-State Associate Member of the IMO as an observer. Nevertheless it appears that the Fund Convention would not, in itself, prevent such attendance provided the IOPC Assembly was content and prepared
ensure that such attendance was in accordance with its Own Rules of Procedure.
4.
to
а
The Rules of Procedure might have to be amended. But any amendment to those rules to allow Hong Kong to attend as an observer would not affect or amend the international rights and obligations arising from the 1971 Convention as applied to Hong Kong. Therefore such amendment would not necessitate any re-opening of
the agreement reached in the IRO Sub-group with the Chinese side.
5.
(a)
reached
It appears to me that
you and SCA would have to agree on policy grounds. whether it really is worth taking the action proposed by the Marine Adviser;
(b)
the
approval
required;
and support of the UK would be
CONFIDENTIAL #5
No comments yet.
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