TNAG-2893-FCO40-4166-Hong-Kong-localisation-of-laws-merchant-shipping-and-carria-1993 — Page 33

1165

S.I. 1985/448

PART B

MODIFICATIONS AND ADAPTATIONS IN THE EXTENSION OF THE Merchant ShippiNG (LINER CONFERENCES) (MANDATORY PROVISIONS) REGULATIONS 1985 TO HONG KONG

1. In regulations 1(1) and 2 for the words "the United Kingdom" wherever they occur and in regulation 1(2) for the words "United Kingdom", there shall be substituted the words "Hong Kong".

2. In regulations 1(2) (in the definitions of “representative of shippers", "shipper" and "shippers' organisations") for the words "Secretary of State" there shall be substituted the word "Governor".

3. The references to the Merchant Shipping (Liner Conferences) (Conditions for Recognition) Regulations 1985 shall be construed as references to those regulations as extended to Hong Kong.

4. In regulation 3(1), for the words which appear in brackets after the words "mandatory provisions", there shall be substituted (the operation of certain of which shall be modified by the provisions of the Annex to the Table, as indicated in column 7 of the Table)".

•

In the Table in the Schedule to the Regulations, the heading to column 7 shall be amended to read "Relevant provision of the Annex to this Table", and the entries in column 7 of the Table in relation to the various provisions of the Code shall be as indicated below:-

1

Article, paragraph or sentence of the Code

Article 1

1.1(1)

Article 2

2.1-2.4

Article 3

3

Article 14

14.9(2)

7

Relevant provision of the Annex to this Table

Paragraph 1

Paragraphs 2 to 9

Paragraphs 10 and 11

Paragraph 10

A numeral in brackets indicates that the reference is to that sentence in the paragraph.

6. The Annex to the Table in the Schedule to the Regulation shall read as follows:-

ANNEX

1. In the case of an existing conference, shipping lines established in Hong Kong which are members thereof shall determine by commercial negotiation with another shipping line so established whether the latter may participate as a national shipping. line in the said conference. If a new conference is created, the shipping lines established in Hong Kong shall determine by commercial negotiations which of them may participate as a national shipping line in the future conference.

2. In a conference trade between Hong Kong and a State which has made a reservation disapplying Article 2 in respect of its trade with the United Kingdom (hereinafter referred to as "a relevant state"), a shipping line of a relevant state wishing to participate in the redistribution provided for in paragraphs 3 to 7 of this Annex may do so subject to reciprocity defined at governmental or ship-owners' level.