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The UK Maritime Conventions Act 1911 currently extends to Hong Kong two international conventions: the International Convention on Collision Damage Liability and the International Convention on Salvage 1910. However, since the International Convention on Salvage has been replaced by a new Convention in 1989, the Bill seeks only to localise that part of the UK Act which deals with the International Convention on Collision Damage Liability and to replace those provisions in the Act relating to the 1910 Convention on Salvage by the 1989 Convention.
To implement the International Convention on Collision Damage Liability, clauses 3 to 7 of the Bill set out the rules on the division of loss in cases of damage or loss caused by the fault of two or more vessels, and the rules on the liability of the owners of the vessels which caused the loss of life or personal injuries. The general principle, provided by the International Convention, is that the liability of the owners of the vessels involved shall be in proportion to the degree in which each vessel was in fault.
Clause 9 of the Bill seeks to implement the International Convention on Salvage 1989 to Hong Kong. The text of the new Convention is set out in Schedule 1 to the Bill. It stipulates the duties of the salvor, the owner and the master during the course of a salvage operation. It also requires every shipmaster to render assistance to any person in danger of being lost at sea. To implement this requirement of the Convention, the Bill makes it an offence for any shipmaster to fail to render assistance so far as he can do so without serious danger to his ship and persons thereon.
The Convention also stipulates the rights of salvors and the conditions for reward to salvors. Generally speaking, a salvor is rewarded only if the salvage operation is successful. Under the 1989 Convention, exceptions can be made if a salvor fails to salve the ship and the cargo but helps to prevent or minimise damage to the environment by, say, towing a damaged ship away from an environmentally sensitive area. In such cases, the salvor will be entitled to a special compensation. The objective of this provision is to give incentive to the salvage industry to help limit the environmental damage even though the chances of salving the ship or the cargo are slim.
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As a major international shipping centre, we must follow the international rules and practice in dealing with collision damage liability and salvage operation. The enactment of this Bill is important to ensure that these two international maritime conventions will continue to apply to Hong Kong after 1 July.
Mr President, with these words I commend the Bill to this Council.
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