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GENERAL SURVEY
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(ii) The Belgian Government proposes the following formula : Any person, not being a pilot, who takes the place of and assists the master or skipper in the navigation of the ship
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This formula approaches the definition of navigating officer in charge of a watch rather from the angle of the relation of the officer in question to the master or skipper, and in fact states the relation in terms which would apply to other officers or persons besides the officer or person in charge of the watch. This relationship might no doubt be the more appropriate element to emphasise in other connections, but for the purpose of the Draft Convention at present under consideration it would perhaps appear preferable to emphasise rather the nature of the actual duties performed per se, on the lines of the formula in the Questionnaire. There would be nothing of course to prevent the one element being added to the definition in order to complete the other, but it is doubtful whether this course would generally be considered necessary.
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(iii) A number of Governments suggest that the definition itself should make it clear that the persons concerned are only those who take charge of a watch or that they are responsible for their duties only during that period. Australia, for example, proposes the following formula: Any person, not being a pilot, on watch and controlling for the time being the navigation of the ship". Similarly, Norway and Sweden suggest that the definition should be formulated in such a way that it applies exclusi- vely to officers in charge of watches, while Spain considers that it should contain words indicating that the persons in question are navigating the ship during their period of watch, as the general responsibility for the navigation of the ship rests solely on the master. Italy also suggests
any person having charge of a watch on deck
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It is felt that these observations indicate a drafting improvement which might be made in the definition of the Questionnaire, in order better to give effect to the general intentions of the Governments and specify more closely the person or persons to whom the Draft Convention is to apply among those concerned with the naviga- tion of the ship. Strictly construed, the formula “ any person who is navigating a vessel " might be said to cover other persons besides the person who is actually in charge