7
5.2
In Hong Kong these flag State functions are very largely undertaken by the Marine Department of the Hong Kong Government.
5.3
Registry of vessels implies responsibility for the regulation of the operation and standards of vessels so registered. This involves the exercise of legislative authority at all levels e.g. the making of rules, powers of exemption and the authority to "approve" and "permit" arrangements and equivalents. It also involves discretionary powers to extend duration of safety certificates, the cancellation of certificates, detention of vessels, investigation into shipping casualties, and the examination of officers.
5.4
the
One of the most important functions of merchant shipping legislation and administration is the protection of life at sea.
This is most marked in
relation to passenger ships. Hong Kong has many passenger vessels on its register (including dynamically supported craft) which, although insignificant in terms of tonnage, are responsible for the carriage of over 9.0 million passengers annually. The protection and safety of passengers and crew is clearly the responsibility of government. abdication of
of this responsibility would evoke grave public concern especially in the face of public awareness of the hazards at sea and proper concern for life.
5.5
common.
Thus,
The
The administration must also be responsible for the development of new legislation to keep up with changing circumstances and international standards. International conventions frequently lack detail; references to "such standards as the administration shall determine" are
maritime legislation needs
go beyond the simple implementation of conventions in order to prescribe standards. In the case of operations where international conventions do not apply, the standards must be drawn up by the Administration to suit local circumstances.
5.6
to
The responsibilities outlined above are clearly those of the Hong Kong Government.
It has, however, been suggested that many of them might be better exercised by a statutory authority. Consideration will need to be given to the desirability of the delegation of powers so implied.
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