TNAG-2881-FCO40-4153-Future-of-Hong-Kong-localisation-of-laws-dumping-at-sea-1993 — Page 3

articles

at

sea except

in

authorisation.

accordance

with a formal

In order to bring Hong Kong law on the subject up to date, the bill will be modelled on Part II of the UK Food and Environment Protection Act 1985, which replaced the Dumping at Sea Act 1974 for the United Kingdom. However, the overall effect of the legislation will be essentially the same as that now achieved by the Act as applied to Hong Kong.

1.

The legislation will not confer on an authority in

Hong Kong any powers formerly held by an authority in the United

Kingdom. In this connection however there are two matters the British side would like to mention, viz.

(a) the Act as applied to Hong Kong gives the Minister (of Agriculture, Fisheries and Food) and the Secretary of State acting jointly the

jointly the power to declare which are

Convention States. It is intended that the localising

Bill in line with the provisions of the Food and

Environment Protection Act 1985 mentioned in para. 6

above, will simply define a Convention State as one

which is a party to the Convention, leaving the courts to receive appropriate evidence as to that fact;

(b)

under the Act as applied to Hong Kong the Governor has designated the Director of Environmental Protection to

perform certain functions, including the issue of

licences. It is intended that the localising Bill

will confer those functions directly on the Director

of Environmental Protection although he would, of

course, be subject to directions from the Governor in

appropriate cases.

CONFIDENTIAL