CO129-314 - Public Offices - 1902 — Page 542

37

REACH LATA

(25.) The provisions of this section shall not apply to Application of steum-launches belonging to Her Majesty or to any Foreign section. Government, Such launches, however as well as all other steam-ships whom within the waters of the Colony shall comply with the Regulations for Preventing Collisions at Sea made from time to time by Her Majesty's Order hi Council,

The 1901 gole seita 22) omits woods

A

brackets

537

Section 32-It is thought better to omit any reference to steamship in this sub-section inasmuch as the whole section applies to steamships not excced- ing sixty tons, especially as, if the words which are omitted, were left in, it might be argued that they were intended to apply to H. M. Ships or to foreign ships of war.*

As regards sub-section 25 of section 37 the Board of Trade Minute is as follows:-

"Should the operation of this sub-clause govern His Majesty's ships. It has been held by the Court of Appeal in this country, see His Majesty's Ship "Sans Pareil," Times Law Report, Vol. 16, page 390, that ships belonging to Her Majesty are not subject to such regulations. Is it intended to include in this sub-clause Ships of War of Foreign Governments? See clause 45."

In order to obviate the above difficulty as to Foreign Ships of War the words "as well as all other steamships," which seem out of place in a part of the Ordinance relating to steamships not exceeding sixty tons, have been omitted, leaving other steam- ships to fall under the provisions of Regulation 6 in Table M.