ATTORNEY GENERAL'S OFFICE.
10
483
9th Decembe 100 2.
C. O.
2420
19 JAN 03!
Ordinance 39 of 1902.
P.
Report on Ordinance-
I have examined the accompanying Ordinance, entitled
An Ordinance with reference to Collisions between
Junks and Ships,
and I am of opinion that the Ordinance is one which is not contrary to
the Governor's Instructions.
The International Collision Regulations have been very generally adopted and have been most useful for the pur- pose for which they were framed.
It is to be regretted that Chinese junks cannot be com- pelled to observe at least that portion of the Regulations which relates to Lights. In the waters of the Colony, jauks are required, by section 25 (1) of Ordinance No. 36 of 1899, when under way between snuset and suurise, to exhibit, at a height not less than 20 feet above the hull, a bright white light visible all round the horizon at a dis- tance of at least one mile. Beyond such waters they seem to carry a light or not as they plense.
Although the Legislature of this Colony cannot compet the observance of the International Rules concerning lights by junks outside the territorial waters, there can be no injustice in rousing to allow successful resort to the Colo- nisl Court by junks neglecting to carry proper lights then- elves, while claiming damages for a collision with some ship which is subject to the International Regulatious.
Often, in such cases, the collision would never have ecourred bad the junk carried lights indicating, even in the smallest degree, the course she was taking. Not infre- quently evidence is adduced to show that no light at nil was visible on the junk except perhaps just immediately before the collision, when a lantern was suddenly hoisted.
This Ordinance pats junks and ships on the high scus on an equality before the Court as regards lights in colli sion cases
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