TNAG-2893-FCO40-4166-Hong-Kong-localisation-of-laws-merchant-shipping-and-carria-1993 — Page 99

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IDENTIAL

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

**M% OUR REF: CAB E2/8/6

370/24

August 1993

KME Your Ref :

RECL

993

Rod Bunten, Esq

INCLA

GISTRY mon Taken

ра

Loz. of laws.

Mechant shipping

Hong Kong Department

Foreign and Commonwealth office

London

United Kingdom SW1A 2AH

Dear Rod,

Localisation of Laws: Merchant Shipping Carriage of Goods by Sea

ه

am enclosing the

AS per our telegram today, I consultation paper on the above captioned subject.

The paper covers the localisation of the following

enactments:

(a)

(b)

Carriage of Goods by Sea Act, 1971 as extended to HK by the Carriage of Goods by Sea (Hong Kong) Order and Amendment Order 1980; and

Merchant Shipping Act 1981 as extended to Hong Kong by the Carriage of Goods by Sea (Hong Kong) Order 1982.

The effect of these two enactments is to implement in Hong Kong the International Convention for the Unification of Certain Rules of Law relating to Lading ("the Brussels Convention") and the 1968 Protocols amending the Brussels Convention.

Bills of and 1979

of the

as

to

We understand that in the course preparation of the IRO Sub-group paper on the Merchant Shipping Treaties, the question was considered whether the Brussels Convention was still applied to HK in light of UK's denunciation of it in 1977 (para. 2 of HK Telno 2852 of 8.12.92, para. 1 of FCO Telno 15.12.92,

1737 of FCO Telno 1746 of 18.12.92 and para. 2 of HK 157 of 3.2.93 refer) and the view taken was that the Brussels Convention still applied to HK. legal advisers further researched into the background of

Telno

However, when our

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