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Convention between His Majesty, in respect of the United Kingdom, Canada, the Commonwealth of Australia, New Zealand, and India, and the President of the Republic of Poland, relating to the Tonnage Measurement of Merchant Ships [1935] CATSer 3 (20 April 1935)

E102145 - CTS 1935 No. 6

CONVENTION BETWEEN HIS MAJESTY, IN RESPECT OF THE UNITED KINGDOM, CANADA, THE COMMONWEALTH OF AUSTRALIA, NEW ZEALAND, AND INDIA, AND THE PRESIDENT OF THE REPUBLIC OF POLAND, RELATING TO THE TONNAGE MEASUREMENT OF MERCHANT SHIPS

His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, and the President of the Republic of Poland,

Recognising the desirability of making arrangements for the reciprocal recognition of certificates of registry and other national documents relating to the measurement of tonnage of merchant ships,

Have resolved to conclude a Convention for that purpose and to that end have appointed as their Plenipotentiaries:

His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India:

for Great Britain and Northern Ireland,
The Right Honourable Sir William Augustus Forbes Erskine, G.C.M.G., M.V.O., Ambassador Extraordinary and Plenipotentiary of His Majesty at Warsaw;

for the Dominion of Canada,
The Right Honourable Sir William Augustus Forbes Erskine, G.C.M.G., M.V.O., Ambassador Extraordinary and Plenipotentiary of His Majesty at Warsaw;

for the Commonwealth of Australia,
The Right Honourable Sir William Augustus Forbes Erskine, G.C.M.G., M.V.O., Ambassador Extraordinary and Plenipotentiary of His Majesty at Warsaw;

for the Dominion of New Zealand,
The Right Honourable Sir William Augustus Forbes Erskine, G.C.M.G., M.V.O., Ambassador Extraordinary and Plenipotentiary of His Majesty at Warsaw;

for India,
The Right Honourable Sir William Augustus Forbes Erskine, G.C.M.G., M.V.O., Ambassador Extraordinary and Plenipotentiary of His Majesty at Warsaw;

The President of the Republic of Poland:

Monsieur Józef Beck, Minister for Foreign Affairs,

Who, having communicated their full powers, found in good and due form, have agreed as follows:

ARTICLE 1

Subject to the provisions of Articles 6 and 7 of this Convention, the territories of His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India (hereinafter referred to as His Majesty) to which this Convention applies are the United Kingdom of Great Britain and Northern Ireland, Canada, the Commonwealth of Australia, including for this purpose Papua and Norfolk Island, New Zealand, Newfoundland and India, all British Colonies and Protectorates and all mandated territories in respect of which the mandate is exercised by His Majesty’s Government in the United Kingdom, His Majesty’s Government in the Commonwealth of Australia or His Majesty’s Government in New Zealand.

Any reference in subsequent articles of the present Convention to the territories of His Majesty shall be deemed to relate to those territories of His Majesty to which the Convention applies.

ARTICLE 2

In view of the fact that the existing laws and regulations in the territories of His Majesty in regard to measurement of tonnage of merchant ships are in substantial agreement with those of Poland, ships furnished with certificates of registry and other national papers duly issued by the competent authorities of some part of the territories of His Majesty shall be deemed by the Polish authorities to be of the tonnage denoted in the said documents, and shall be exempted from being remeasured in any port or place in Poland, on condition that similar terms shall be accorded to Polish ships equipped with certificates of registry or other national papers duly issued by the competent Polish authorities on or after the 30th November, 1927, and that such ships shall be exempted from being remeasured in any port or place within the territories of His Majesty

ARTICLE 3

The High Contracting Parties agree that the Government of the Republic of Poland to whom it pertains to ensure the conduct of the foreign relations of the Free City of Danzig in virtue of Article 104 of the Treaty of Peace, signed at Versailles on the 28th June, 1919, and of Articles 2 and 6 of the Convention concluded between Poland and the Free City of Danzig on the 9th November, 1920, may at any time while the present Convention is in force declare by a notification made through the diplomatic channel that the Free City of Danzig is a Contracting Party to this Convention and that the Free City assumes the obligations and acquires the rights deriving therefrom, subject to such conditions as may be agreed upon in the notes to be exchanged for giving effect to such declaration.

ARTICLE 4

The President of the Republic of Poland may by a twelve months’ notice given in writing through the diplomatic channel terminate this Convention either collectively in respect of all territories of His Majesty or separately in respect of the United Kingdom of Great Britain and Northern Ireland, Canada, the Commonwealth of Australia, New Zealand, Newfoundland or India respectively.

ARTICLE 5

His Majesty may terminate this Convention collectively or separately in respect of the United Kingdom, Canada, the Commonwealth of Australia, New Zealand, Newfoundland or India by a twelve months’ notice in writing through the diplomatic channel.

ARTICLE 6

The separate termination of this Convention, under Articles 4 or 5, in respect of the United Kingdom of Great Britain and Northern Ireland shall also terminate it in respect of all British colonies, all British protectorates and all mandated territories in respect of which the mandate is exercised by His Majesty’s Government in the United Kingdom, and its provisions shall upon such termination cease to apply to all ships registered therein.

ARTICLE 7

The separate termination of this Convention under Articles 4 or 5 in respect of Canada, the Commonwealth of Australia, New Zealand, Newfoundland or India shall also terminate it in respect of the territories under the authority or jurisdiction of His Majesty’s Government in Canada, or in the Commonwealth of Australia, or in New Zealand or in Newfoundland or the Government of India respectively and its provisions shall upon such termination cease to apply to ships registered in such territories.

ARTICLE 8

The present Convention shall be ratified and the ratifications shall be exchanged at London as soon as possible. It shall come into force thirty days from the date of the exchange of ratifications.

IN FAITH WHEREOF, the above-named Plenipotentiaries have signed the present Convention and have affixed thereto their Seals.

DONE at Warsaw in duplicate, each in the English and Polish languages both of which shall have equal force, the 16th day of April, 1934.

William Erskine

FOR GREAT BRITAIN AND NORTHERN IRELAND

William Erskine

FOR THE DOMINION OF CANADA

William Erskine

FOR THE COMMONWEALTH OF AUSTRALIA

William Erskine

FOR THE DOMINION OF NEW ZEALAND

William Erskine

FOR INDIA

Jósef Beck

FOR THE REPUBLIC OF POLAND