TNAG-2894-FCO40-4167-Hong-Kong-localisation-of-laws-carriage-of-goods-by-air-1994 — Page 45

布政司署

香港下亞墨道

CAB E2/8/5

*k Our REF :

KEY YOur Ref :

CONFIDENTIAL

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

21 September 1993

ра

Jonathan Marshall Esq

Hong Kong Department

Foreign and Commonwealth Office

370/25

London

REC

United Kingdom SW1A 2AH

10

Y

Dear Jonathan.

Localisation of Laws: Carriage by Air

Thank you

15

for your fax of 27 August

1993,

enclosing Ms. Brooks' advice with respect to the above captioned subject.

2.

We have consulted our legal advisers and would

like to respond as follows.

Para 9 of paper (Ms. Brooks' para. 1).

3.

Our

This is the same point as was raised in connection with Liner Conferences (your Telno 755 of 13 August). answer is the same as was given in Telno 1376 of 25 August: we would like to keep to wording which is consistent with previous papers already handed over to the Chinese side and on which the latter have raised no question. You will recall that we used the same wording in the case of Ship Owners' Liability and in fact proceeded with localisation - with the Chinese side's agreement before the relevant treaty had been discussed in the IRO Sub-group. You were content with this course of action.

4.

On

the point that we may be preempting the Chinese side's agreement to the continued application of the conventions, we would draw your attention to the Joint Declaration under which the task of the JLG is not to discuss whether treaties should continue to apply to Hong Kong, but to consider the "action to be taken by the two Governments to ensure the continued application of international rights and obligations affecting Hong Kong". (See JD 178). In practice we prefer to take the treaties first in the IRO Sub-group but legislative time localisation is running out.

for

CONFIDENTIAL

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