CO129-314 - Public Offices - 1902 — Page 564

A BILL

EXTITLED

No. 17.1.

M 8916

An Ordinance with reference to Collisions be-

tween Junks and Ships.

WHEREAS it is expedient that a junk which does not Preambla, comply with the International Collision Regulations con- cerning Lights, and thereby occasions a collision outside the waters of this Colony with a vessel bound to comply with such Regulations, should not, in the event of litigation in the Courts of this Colony in respect of such enllision, be

in a more advantageous position than such vessel :

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Juuks (Collision) Short title. Ordinance, 1902.

2. In this Ordinance, unless the context otherwise re- Interpreta- quires, the following expressions have the respective mean- tion. ings hereby assigned to them, that is to say

Ship" includes any description of vessel used in navigation not propelled by oars, except junks or lorehas not propelled by steam;

"Junk" includes "Lorcha", and any sea going sailing vessel of Chinese or other Astatic build, construction, and rig i

Lorcha" includes any eca going sailing vessel of European build and construction, but of Chinese or other Asiatic rig, or of Chineso or other Asiatic build and construction, bat of European rig "International Collision Regulations' means the Re- gulations for preventing collisions at sea made by Order in Conncil of Her late Majesty, Queen Victoria, dated the 27th day of November, 1896, under the provisions of section 418 of the Merchant Shipping Act 1894; and if any amendments thereof shall hereafter be made, such expression shall Include such amended Regulations.

3. Where in any action brought in any Court in the Junk or ship

concerning

0718

17 FEB

Colony in respect of a collision occurring, between sunset infringing not complying witer and sunrise, outside the territorial waters of this Colony, Rules between a junk and a ship, it is proyed to such Court that tights to be either such junk or such ship' singed any

the Rules deemed in concerning Lights contained in the International Collision fault. Regulations, the junk or the ship by which he hath such rating been infringed shall be deemed to be in fant, unless it is shown to the satisfaction of the Court that the circumstances

2. Megala kegi

of the case made partese from Asia nucessary.

Objects and Reasons.

The International Collision Regulations have been very generally adopted and have been most useful for the pur- pose for which they were frumed.

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, junks are required, by section 25 (1) of Ordinance No. 36 of 1899, when under way between sunset and sunrise, to exbibit, at a height not less than 20 feet above the hull, a bright white light visible all round the horizon at a dis- tunce of at least one mile. Beyond such waters they seem to carry a light or not as they please.

Although the Legislature of this Colony cannot compel the observance of the International Rules concerning lights by junks outside the territorial waters, there can be no injustice in refusing to allow successful resort to the Colo- nial Court by junks neglecting to carry proper lights them selvos, while clainring damages for a collision with some ship which is subject to the International Regulations.

Often, in such cases, the collision would never have occurred had 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 all was visible on the junk except perhaps just immediately before the collision, when a lantern was suddenly boisted.

This Ordinance puts junks and ships ou the high seas on an equality before the Court as regards lights in colli- sion cases.

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