JAY, DECEMBER 16, 1988

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ADMIRALTY LAW TO BE LOCALISED

THE GOVERNMENT WILL INTRODUCE SHORTLY INTO THE LEGISLATIVE COUNCIL THE FIRST PIECE OF LEGISLATION UNDER ITS PROGRAMME FOR THE LOCALISATION OF UNITED KINGDOM LEGISLATION THAT APPLIES TO HONG KONG.

THE LEGISLATION, THE SUPREME COURT (AMENDMENT) BILL 1988, WAS PUBLISHED IN THE GAZETTE TODAY (FRIDAY).

"AT PRESENT, THE JURISDICTION OF THE HIGH COURT IN HONG KONG IN RELATION TO MARITIME LAW IS DERIVED FROM CERTAIN UNITED KINGDOM ENACTMENTS WHICH APPLY OR HAVE BEEN EXTENDED TO HONG KONG," GOVERNMENT SPOKESMAN SAID.

"THESE UNITED KINGDOM ENACTMENTS COULD NOT REMAIN PART OF OUR LAW AFTER 1997.

"IT WILL HENCE BE NECESSARY TO INTRODUCE LOCAL LEGISLATION WITH SIMILAR EFFECT TO PROVIDE FOR THE JURISDICTION OF THE HIGH COURT OF HONG KONG IN RELATION TO THESE MATTERS, WHICH ARE KNOWN AS ADMIRALTY MATTERS," THE SPOKESMAN EXPLAINED.

"THE BILL WILL AMEND THE SUPREME COURT ORDINANCE 90 THAT THE CIVIL JURISDICTION OF THE HIGH COURT IN RELATION TO ADMIRALTY MATTERS IS SPECIFIED IN THAT ORDINANCE.

"AT THE SAME TIME, THE UNITED KINGDOM ENACTMENTS FROM WHICH THE HIGH COURT DERIVES ITS PRESENT JURISDICTION WILL BM REPEALED IN 80 FAR AS THEY ARE PART OF THE LAW OF HONG KONG.

"EXAMPLES OF ADMIRALTY JURISDICTION OP THE HIGH COURT PRESCRIBED IN THE BILL ARE JURISDICTION TO HEAR AND DETERMINE CLAIMS FOR DAMAGE RECEIVED BY A SHIP, CLAIMS FOR LOSS OF OR DAMAGE TO GOODS CARRIED IN A SHIP, AND CLAIMS ARISING OUT OF ANT AGREEMENT RELATING TO THE CARRIAGE OF GOODS IN A SHIP OR TO THE USE OF A SHIP.

"I

IT IS UNDERSTOOD THAT THE TWO SIDES OF THE SINO-BRITISH JOINT LIAISON GROUP, AT THE GROUP'S TENTH MEETING, REACHED A COMMON VIEW THE LOCALISATION OF LEGISLATION ON ADMIRALTY JURISDICTION IN HONG KONG.

OF

SPOKESMAN ADDED.

'THERE IS STILL A LOT OF WORK TO BE DONE ON THE LOCALISATION LEGISLATION. WE ARE, HOWEVER, MAKING STEADY PROGRESS,

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THE

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