FRIDAY, JUNE 7, 1985
16
BILL CLARIFIES RIGHT TO ORDER MARINE REHEARINGS
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THE GOVERNMENT IS INTRODUCING A BILL TO MAKE CLEAR THAT A MARINE COURT CAN BE REOPENED TO INVESTIGATE CASES INVOLVING CASUALTIES AT SEA,
A GOVERNMENT SPOKESMAN EXPLAINED THAT UNDER THE MERCHANT SHIPPING ORDINANCE, A MARINE COURT MAY BE APPOINTED IN EITHER OF TWO CIRCUMSTANCES: TO INVESTIGATE CASUALTIES AFFECTING SHIPS, OR INQUIRE INTO CHARGES OF INCOMPETENCY OR MISCONDUCT OF THE MASTER OR SHIP OFFICERS.
A REHEARING HOWEVER, MAY ONLY BE HELD WHEN THERE HAS BEEN INVESTIGATION INTO THE CONDUCT OF A HOLDER OF CERTIFICATE OF COMPETENCY.
IN MOST CASES WHERE THE MARINE COURT WAS APPOINTED TO INVESTIGATE CASUALTIES, THE QUESTION OF COMPETENCY OF THE MASTER AND OFFICERS WOULD BECOME RELEVANT.
+HOWEVER, EVEN WHERE A CASE IS EXCLUSIVELY CONCERNED WITH MATTERS WHICH DO NOT RELATE TO THE QUESTION OF COMPETENCY, IT SEEMS LOGICAL THAT THE GOVERNOR SHOULD HAVE THE POWER TO ORDER A REHEARING IF THERE IS NEW AND IMPORTANT EVIDENCE, THE SPOKESMAN SAID.
THE MERCHANT SHIPPING (AMENDMENT) BILL 1985 WILL BE SUBMITTED TO THE LEGISLATIVE COUNCIL ON WEDNESDAY (JUNE 12). ITS SECOND READING DEBATE IS EXPECTED TO BE RESUMED ON JUNE 26.
ANYONE WHO WISHES TO COMMENT ON ITS PROVISIONS MAY WRITE TO UMELCO, AT SWIRE HOUSE, 12TH FLOOR, CHATER ROAD, OR TO THE SECRETARY FOR ECONOMIC SERVICES AT THE CENTRAL GOVERNMENT OFFICES, LOWER ALBERT ROAD, HONG KONG.
MOVE TO BOOST HK'S ARBITRATION STATUS
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THE GOVERNMENT IS PROPOSING NEW LEGISLATION TO IMPROVE THE EXISTING LAW WHICH DEALS WITH THE ENFORCEMENT OF JUDGMENTS FOR THE PAYMENT OF MONEY IN COURTS OUTSIDE HONG KONG.
THE PROPOSALS, CONTAINED IN THE FOREIGN JUDGMENTS (RESTRICTION ON RECOGNITION AND ENFORCEMENT) BILL 1985 PUBLISHED IN THE GAZETTE TODAY, WILL ASSIST HONG KONG'S DEVELOPMENT AS AN INTERNATIONAL CENTRE FOR ARBITRATION.
A GOVERNMENT SPOKESMAN EXPLAINED THAT UNDER THE EXISTING LAW, A PARTY WHO HAS ACCEPTED ARBITRATION AS A MEANS OF SETTLING DISPUTES COULD ASK FOR ENFORCEMENT OF A JUDGMENT OBTAINED ELSEWHERE, IN BREACH OF THE RELEVANT ARBITRATION CLAUSE.
/IT COULD