TNAG-2881-FCO40-4153-Future-of-Hong-Kong-localisation-of-laws-dumping-at-sea-1993 — Page 29

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 402

CONFIDENTIAL

3701710

RECEIVED IN PEGISTRY

- MAR 1993

DESK OFFICER

REGISTRY PA Action Tak

OF 120358Z MARCH 93

AND TO PRIORITY PEKING

NOEX

INFO PRIORITY UKREP JLG HONG KONG

OF 1991

055606

MOLIAN 0005

YRTELNO 1730: LOCALISATION OF LAWS: DUMPING AT SEA

1. FURTHER TO TUR, WE HAVE NOW PREPARED THE NECESSARY PAPER FOR CONSULTING THE CHINESE SIDE ON THE LOCALISATION OF UK ENACTMENTS ON DUMPING AT SEA. WE ARE SENDING THE PAPER BY FAX TO BUNTEN, HKD. WE SHOULD BE GRATEFUL FOR ANY COMMENTS THAT YOU MAY HAVE.

2. THERE ARE A COUPLE OF POINTS REGARDING THE PROPOSAL THAT YOU

MAY WISH TO NOTE:

(A) AS FORESHADOWED IN PARAGRAPH 2 OF OUR TELNO 2505 OF 9 AUG 1991, WE ARE USING THE FOOD AND ENVIRONMENTAL PROTECTION ACT 1985 RATHER THAN THE DUMPING OAT SEA ACT 1974 AS THE BASIS OF OUR LOCALISING LEGISLATION. THIS POINT IS MADE CLEAR IN PARAGRAPH 6

OF OUR CONSULTATION PAPER.

(B) WE ARE OF THE VIEW THAT THE CHINESE SIDE MAY BE SUSPICIOUS OF ANY INTENTION ON OUR PART TO LOCALISE PROVISIONS FOR THE DECLARATION OF A PROCEDURE DEVELOPED FOR THE EFFECTIVE APPLICATION OF THE CONVENTION TO BE AN ACCEPTED PROCEDURE BETWEEN HMG AND THE GOVERNMENT OF ANY CONVENTION STATE. AS RECENTLY ADVISED BY THE MINISTRY OF AGRICULTURE, FISHERIES AND FOOD, NO SUCH PROCEDURE HAS EVER BEEN AGREED BETWEEN THE UK AND OTHER CONVENTION STATES, AND HONG KONG HAS NEVER BEEN REQUIRED TO IMPLEMENT ANY SUCH PROCEDURE. IT IS UNLIKELY THAT THE SITUATION WOULD BE DIFFERENT FROM NOW UNTIL 1997. WE ARE, THEREFORE, OF THE VIEW THAT SECTION 12 OF THE 1985 ACT SHOULD NOT BE LOCALISED. IN THE UNLIKELY EVEN THAT WE WERE REQUIRED TO IMPLEMENT A PROCEDURE AGREED BETWEEN THE UK AND ANOTHER CONVENTION STATE UNDER SECTION 12 BEFORE 1997, AN ORDER-IN-COUNCIL COULD ALWAYS BE MADE BY THE UK GOVERNMENT TO APPLY IT TO HONG KONG.

PATTEN

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