CO129-316 - Governor Sir Blake - 1903 [1-4] — Page 361

operation of the Ordinance not only when carrying passenders betw

the ports of the Colony (as would be the case if the section cor

-ponded exactly with section 237 of the Merchant Shipping Act 1

but also when carrying passengers from the Colony. The reason for

is that the number of foreign steamers carrying passengers

Colony is very large, and to exempt them, while at the same time

bringing British ships under the section, is to handicap unfairly

the British ship.

The section beint designed to ensure the safety of passengers show

apply alike to all ships carrying passengers.

Incidently it must also be remembered that a similar provision had

been in force for many years; and further that to exempt the forel

passenger ship would cause a considerable loss of revenue.

The above it is submitted meets in effect the direction contained į

paragraph 7 of the Secretary of State's Despatch 273 of 29th August

1902.

Sections 3 and ? also amend 10 of the Principal Ordinance

order to make its provisions accord with the provisions of the Yar

-chant Shipping Acts with regard to the survey and clearing of pes

-senger ships.

Section 10 explicitly exempts from the operation of secti

13 of the Principal Ordinance ships which already comply with the

Merchant Shipping Acts with respect to life saving appliances.

Section 11. The object of this amendment is to bring the

provisions of section 19 (4) of the Principal Ordinance into uniso

with the provisions of sub-section (5) of the same section by in-

-serting the words " British or Colonial " before the word ship

wherever it occurs in section 12 (4).

The observations of the Solicitor to the Board of Trade on secti

19 (5) of the Principal Ordinance have no application; because the

Marine Court of Monakond is a body consisting of a President (St)

-pendiary Magistrate) and not less than two members appointed by

the Governor under section 19 (2), and that Court must either act

unanimously or by a majority, and, in the latter case, there must

necessarily be two votes to one. It is to be observed that section

19 adopts the provision of section 433 (3,4,5,6,7,8,10,11), and ·

of section 470 (1) (a and b) and (3) (314) of the Merchant Shipping

Act 1994.

351 343

As to the observations of the Solicitor to the Board of Trade with

respect to the franing of section 19 (5) of the Principal Ordinance

and the omission to give individual members of the Marine Court

powers similar to those conferred upon individual members of a

Court of Survey under section 20 (b), it is to be observed that a

Marine Court acts collectively and not individually; whereas each

member of a Court of Survey may survey the ship and so needs indivi-

-dual powers that are not required by members of a Marine Court.

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Section 13 is rendered necessary by recent legislation. The

Junk Collision Ordinance 1000 passed last Session places junks in

case of collision with ships outside our waters on the same footing

in our Courts as such ships are with regard to lights.

The Principal Ordinance requires junks when inside our waters to

carry a light at the masthead. This amendment is intended to make it

optional for such a junk to carry a light either at the masthead or

to carry the lights required by the International Collision Regula-

-tions in the case of sailing ships.

Section 14. This amendment appears necessary as doubts

have arisen whether section 37 as it appears in the Principal Ordi-

-nance is not ultra vires so far as it assumes to affect vessels

while outside our waters. The amendments make the section apply only

to vessels plying to from and between places within our waters.

The assumption of a jurisdiction ultra vires was really merely appar-

-ent; there was no intention on our part to assume jurisdiction over

ships while outside our waters; and as a fact we have never sought to

exercise any such jurisdiction.

Section 15. The object of this section, which is new, is

to confine to British owned ships the privileges granted by special

licence to river steamers.

Section 13. The object of this amendment is to make it