TNAG-2893-FCO40-4166-Hong-Kong-localisation-of-laws-merchant-shipping-and-carria-1993 — Page 14

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From:

Miss S Brooks

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DESK ? INDEX

1993

Legal Counsellor

PEGISTRY Aden Taken

Date:

22 September 1993

Mr Marshall.

HKD

HK: LOCALISATION OF LAWS ON MERCHANT SHIPPING AND CARRIAGE OF GOODS BY SEA

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1. Your minute of 14 September to Ms Barrett came to me in her absence. I have checked with Treaty Section, NTCD, that the 1968 and 1979 Protocols amending the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading 1924 have not been denounced in respect of Hong Kong. I agree with the Hong Kong Government that denunciation of the Convention does not amount to a denunciation of the Convention as amended by the 1968 Protocol. This is the result of Articles 6 and 7 of the 1968 Protocol read together.

2. The Hong Kong Government has suggested some language to reflect the true position. This is set out in Hong Kong telno. 1454 of 10 September at paragraph 2. I do not think it is quite right that the Convention as amended by the 1968 and 1979 Protocols continues to apply to Hong Kong by virtue of UK's earlier acceptance of the 1968 and 1979 Protocols. Accordingly, I would like to revise their wording to read as follows.

"On 20 October 1984 the United Kingdom denounced the Brussels Convention in respect of its overseas territories but not the two Protocols. The Convention as amended by the 1968 and 1979 Protocols remains in effect and continues to apply to Hong Kong because the Convention, as amended by the 1968 Protocol, is preserved by Articles6 and 7 of that Protocol, and the Convention as amended by the 1968 Protocol is further amended by the 1979 Protocol.".

Hong Kong have suggested including this new language by amending the second sentence of paragraph 4. Paragraph 4, however, only includes one sentence and I do where this proposal of theirs would fit in;

not quite see do you?

Shelagh

Brooks

Shelagh Brooks