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Objects and Reasons.
1. The original proposal, which led eventually to the drafting of this Ordinance, was a proposal to amend the Pilots Ordinance, 1904, Ordinance No. 3 of 1904, so as to provide for the payment of an examination fee by applicants for pilot's licences. Section 3 of Ordinance No. 3 of 1904 provides only for a licence fee, and it is therefore possible for an applicant to be examined and re-examined several times until he passes and yet to be liable only for the single licence fee. It was then found that the Ordinance required alteration on other points also. Some of these points are mentioned below :--
(a) It contains no power to require a pilot to be
re-examined as to his competency,
(4) It makes no provision for periodical medical tests
for sight and physical fitness.
(c) It does not apply to motor ships.
(d) The procedure for obtaining a pilot's licence is
unnecessarily complicated.
It was accordingly considered that the more convenient course would be to repeal the Ordinance and to re-enact it with the necessary alterations.
2. Section 2 of this Ordinance defines "ship" as in- cluding every description of vessel used in navigation, over 60 tons net register, propelled by machinery. This will include motor ships. It is considered unnecessary to provide for the case of sailing ships.
3. Section 3 of this Ordinance which, inter alia, gives the Harbour Master power to licence pilots, contains one provision which is new, ¿.e., the provision in sub-section (5) that pilots must be British subjects. Persons holding pilot's licences under Ordinance No. 3 of 1904 immediately before the commencement of this Ordinance are excluded
from this provision. The sub-section also gives the Governor in Council power to exempt any other person from the provisions of the sub-section. It might, for instance, be desirable to have this power in the case of a person who had previously held a pilot's licence for many years but who was not actually holding a pilot's licence at the commencement of this Ordinance.
4. Section 4 of this Ordinance is the general section giving the Governor in Council power to prescribe fees, fix pilotage dnes, and make any other regulations which he may think desirable in connexion with a pilotage service. The power of making regulations is also referred to in sections 8 and 14 of this Ordinance. In Ordinance No. 3 of 1904, the power of making regulations is con- tained in sections 3, 4 and 7.
5. Section 5 of this Ordinance deals with the examina- tion of applicants for pilot's licences. Under section 2 of Ordinance No. 3 of 1904, two documents are necessary. i.e., a certificate of competency as a pilot and a pilot's licence. This seems to be an unnecessary duplication, That section also requires an applicant to make a declara- tion to his having passed the examination. This also seems unnecessary, as the examiners will communicate the result of the examination to the Harbour Master. The second proviso in that section is out of place, because the creation of the offence of acting as a pilot without a licence is not properly attached as a proviso to a power to grant licences.
There is another inappropriately placed provision in that section, i.e., the provision that nothing in the Ordinance is to be held to make pilotage compulsory. That section also gives the Harbour Master power to limit the number of pilots. That provision is now omitted as being unnecessary and undesirable. The regulations in the Schedule deal with certain other details relating to the examination.