TNAG-2881-FCO40-4153-Future-of-Hong-Kong-localisation-of-laws-dumping-at-sea-1993 — Page 16

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conclusion,

there have not been any legislation implementing the four amendments to the Dumping Convention in respect of Hong Kong, and no amendment to the consultation paper seems to be called for on this count.

Para. 3

Although "Act" is defined in para. 2 of the consultation paper to mean the 1974 Act, we agree that it can be confusing in paras. 6 and 7. We will amend "the Act" to read "the 1974 Act" whenever that Act is meant, i.e. paras 2, 3, 6(2 times), 7(a) and 7(b).

Para, 4

We agree, and suggest adding at the end of paragraph 8 of the paper-

"They

are also similar to existing provisions in the 1974 Act as applied to Hong Kong."

Para. 6

the

On the question of a provision for application of procedures agreed by Convention Parties after 1997, it seems to us that it would not be a matter for adaptation but for substantive amendment of the Ordinance if after 1997 the PRC decided to adopt an agreed procedure. This point might arise in Q and A's once the paper has been handed over. If the Chinese side wish to have an enabling provision in the Bill, no doubt we would be happy to insert it.

Our intention is to hand over the consultation paper to the Chinese side as soon as possible. May I suggest that if we do not hear from you to the contrary by 7 May, we shall assume that you are happy with our above response and that you have no objection to our handing over the paper to the Chinese side accordingly.

rs ever,

Ilon

са

(Mr Apollonia Liu

for Secretary for Constitutional Affairs

c.c. SPEL (Attn.: Mr N Fry)

AGC, LALU (Attn.: Miss E Wu) AGC, ILD (Attn.: Mr J Hanratty) UKREP JLG (Attn.: Mr C Garrett)

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