Amendment of section 56.
4. Section 56(1) of the principal Ordinance is
amended by deleting "granted under this Ordinance".
Explanatory Memorandum
Part VIII of the Merchant Shipping Ordinance
provides for the holding of a preliminary inquiry, and
the appointment of a marine court, to inquire into a
shipping casualty which occurs on or near the coasts of
Hong Kong. The Part does not apply where junks and
lorchas are involved in a shipping casualty because
the definition of "ship" in section 2 of the Ordinance
excludes from that definition junks and lorchas whether
mechanically propelled or not. The object of this Bill
is to extend the application of that Part to shipping
casualties involving local vessels.
Clause 2 therefore amends the definition of
ship" in section 2 of the Ordinance by excluding the
application of that definition for the purposes of
Part VIII, and clause 3 inserts in that Part a new
definition of "ship" to include every description of
vessel used in navigation. The provisions of Part VIII
are therefore extended to apply where, say, a British
ship is involved in a collision with a junk or any
other local vessel used in navigation. An inquiry may
be held in respect of the casualty and of any charge
of incompetency or misconduct on the part of the master
or crew of such local vessel, and the certificate of
competency (defined in clause 3). of such master cr