CONFIDENTIAL

PROVISIONAL REVIEW OF LEGISLATION FOR PROPOSED

HONG KONG REGISTER

INCLUDING BACKGROUND AND ASSOCIATED NOTES

((33)

(a)

(b)

(c)

(a)

Currently Hong Kong's shipping legislation is contained in:-

the Merchant Shipping Ordinance (Cap. 281);

Merchant Shipping Regulations made under the Ordinance;

United Kingdom Merchant Shipping Regulations extended by Orders-in-Council, and

United Kingdon Merchant Shipping' Acts regarding those items not specifically provided for in the Colony's cwn legislation.

2. Considering the fragmented nature of the legislation a decision has already been taken, and agreement reached with the Secretary of State, that consolidation should be effected and new Merchant Shipping Ordinances drafted covering individual aspects such as Port Control, Ship Safety, Local Craft, Pilotage, etc. It is anticipated in the event a Hong Kong register is introduced, that the associated legislation would be contained in a separate Merchant Shipping Ordinance.

Consideration of existing legislation

3.

Part I of the Merchant Shipping Act 1894 applicable with respect to Registry.

4. Part II of the Merchant Shipping Ordinance (Cap. 231) is applicable with respect to Certificates of Competency and Manning.

5. Section 13 of the Merchant Shipping Ordinance (Cap. 281) relates to Crow Accommodation.

6.

The survey and certification of foreign-going ships of all nationalities is carried out by authority derived from Part VI of the Merchant Shipping Ordinance (Cap. 281) and Orders-in-Council extending United Kingdom Merchant Shipping Acts to the Colony. Standards introduced by the United Kingdom are followed, and in many cases United Kingdom Regulations are applied either precisely or mutatis mutandis. Examples are:-

(a) The Merchant Shipping (Life-Saving Appliances)

Rules 1965,

(b)

The Merchant Shipping (Closing of Openings in Ilulls and Watertight Bulkheads) Rules 1965,

CONFIDENTIAL

(c)

1

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