TNAG-2893-FCO40-4166-Hong-Kong-localisation-of-laws-merchant-shipping-and-carria-1993 — Page 38

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MERCHANT SHIPPING

(3) A shipping line shall also be treated as being of British nationality if it is incorporated or formed under the law of another Member State of the European Economic Community and has its principal place of business in any such State, but is established in the United Kingdom.

(4) If any State outside the European Economic Community does not permit bodies corporate falling within paragraph (1) above to establish themselves (whether by having a place of business in that State, or by means of a subsidiary company registered in that State or otherwise) in such a State or have an effective opportunity to ply for trade to and from that State or, if such a State is party to the Code, qualify as a national shipping line for the purposes of the Code in that State, then a body corporate which is directed from that State shall not be recognised as a national shipping line of the United Kingdom.

(5) In deciding whether a body corporate is directed from another State regard shall be had to any relevant matter. In particular a body corporate shall be treated as being directed from another State if a person (or group of persons) resident in or a national of, or any agency or undertaking of such State-

(a) has an interest in shares comprising more than 50% of the share capital of the body corporate or in any body corporate which holds, whether directly or through other bodies corporate, more than 50% of such shares; or

(b) has the power to appoint a majority of the directors of the body

corporate; or

(c) is a person, agency or undertaking in accordance with whose

instructions the body corporate is accustomed to act.

Shippers' Organisations

3. The conditions for recognition by the Secretary of State as a shippers' organisation in relation to any conference so far as it serves the trade of the United Kingdom and another State which is a Contracting Party to the Code

are

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(1) the shippers' organisation has its headquarters in the United Kingdom; and

(2) compliance by the shippers' organisation with either of the following:-

(a) that the shippers' organisation is a national organisation represent- ing those shippers who, taken together, are the shippers of the greatest quantity of goods with that conference; or

(b) that the shippers' organisation can show that it represents shippers of such quantities of goods with that conference as to make it reasonable for the conference to consult the organisation, unless the conference can show-

(i) that the majority of shippers represented by the organisation are adequately represented by shippers' organisations already recognised pursuant to this regulation; or

(ii) that it would not be appropriate to consult the organisation having regard to the number of organisations who represent shippers of greater quantities of goods with the conference, or the number of shippers of greater quantities of such goods; and