TNAG-2893-FCO40-4166-Hong-Kong-localisation-of-laws-merchant-shipping-and-carria-1993 — Page 103

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

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A discussion paper on the British side's proposal for the continued application of 21 merchant shipping conventions currently

ing to Hong Kong (including the Brussels Convention and the

1968 and

9 Protocols) was handed over to the chinese side on

2 February 1993. Discussions will take place in the International Rights and obligations Sub-group of the Joint Liaison Group on the action to be taken by the two sides to ensure the continued application to the Hong Kong Special Administrative Region after 30 June 1997 of the international rights and obligations affecting Hong Kong which arise out of all these conventions. Meanwhile, it is appropriate that the rights and obligations arising out of the Brussels Convention and the 1968 and 1979 Protocols should be implemented in Hong Kong's domestic law by legislation which can continue in force after 30 June 1997.

Proposal

3.

The British side proposes to introduce a Bill to localise those provisions of the 1971 Act and of the 1982 Act which were applied to Hong Kong by the 1980 Orders and by the 1982 Order. The Bill, if enacted, will give the force of law in Hong Kong to the Hague-Visby Rules ("the Rules"). The Rules will apply to and in connection with the carriage of goods by sea in ships (other than vessels regularly employed in trading or going within the river trade limits and to which Part IV of the Shipping and Port Control Ordinance (Cap. 313) applies) if the goods are shipped in Hong Kong, whether or not the carriage is between ports in two different

States.

There will be ancillary provisions relating to the carriage

CONFIDENTIAL

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