TNAG-2881-FCO40-4153-Future-of-Hong-Kong-localisation-of-laws-dumping-at-sea-1993 — Page 22

RESTRICTED

HKC

370110

RESTRICTED

FM FCO

TO PRIORITY HONG KONG

TELNO 1730

OF 23170OZ SEPTEMBER 91

INFO ROUTINE PEKING, UKREP JLG HONG KONG..

(25)

150457

MDLOAN 4453

TOP COPY Q DIST?

per

YOUR TELNO 2505: LOCALISATION OF LAWS: DUMPING AT SEA

1.

WE HAVE AGAIN CONSULTED MAFF LEGAL ADVISERS, WHO AGREE WITH THE 1989 AMENDMENT TO THE PARA 4 OF TUR, SUBJECT TO ONE POINT. LDC PROBABLY FALLS WITHIN THE SCOPE OF SECTION 8 (1) (A) OF FEPA (BEING CONCERNED WITH THE MARINE ENVIRONMENT AND HUMAN HEALTH), RATHER THAN SECTION 8(1)(B). IN THEIR VIEW THIS SUBSECTION IMPLIES HAVING REGARD TO MATTERS OTHER THAN/OTHER THAN THOSE SET OUT IN SECTION 8(1)(A). THEY HAVE CONFIRMED THAT MAFF DO NOT CONSIDER THAT ANY AMENDING LEGISLATION WILL BE NECESSARY.

2.

OUR TREATY SECTION HAVE RESEARCHED THE QUESTIONS IN PARA 5 OF TUR. IT APPEARS THAT CHINA BECAME A PARTY TO THE LDC ON 14 DECEMBER 1985 AND THAT CHINA MADE A DECLARATION TO THE EFFECT THAT IT CONSIDERED TAIWAN'S SIGNATURE NULL AND VOID. FURTHERMORE IT APPEARS THAT CHINA HAS NOT/NOT ACCEPTED THE 1978 (DISPUTED) AMENDMENTS (WHICH ARE NOT YET IN FORCE), BUT THAT IT HAS ACCEPTED THE OTHER THREE AMENDMENTS. WE ARE COPYING SUPPORTING DOCUMENTS BY BAG TO MS APOLLONIA LEE, CAB.

HURD

YYYY

MAIN

78

.HONG KONG AGREEMENT

.(RESTRICTED)

LIMITED

HKD

HD/FED

NEWS D

PLANNERS

DISTRIBUTION

82

PUSD

RAD

PS/LORD CAITHNESS PS/MR LENNOX-BOYD

SIR J COLES

MR BURNS

1

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