CO129-322 - Acting Governor May - 1904 [1-5] — Page 809

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

805

of which is to effect the desired change.

Besides the considerations set out above it may perhaps be useful to mention that it has been argued in the public press in the Colony that as the Collision Regulations were by Her late Majesty's Order in Council of the 7th July, 1897, applied to Chinese ships "of foreign type whether warships or not but not otherwise" the Colonial Legislature had no power to enact that the Collision Regulations as to lights shall apply to junks, which is really the effect of Ordinance 39 of 1902.

However that may be, I consider that valid objection can be taken to the Ordinance on the ground that, the conflict of evidence inseparable from collision cases, it adds a fruitful source of contradictory testimony as to the position of the vessels at the time of collision, for on the position of the junk will depend the question of whether she should have been carrying the side lights.

I have consulted the Harbour Master and the Executive Council on the subject of the draft Ordinances enclosed, and they approve of them.

I have the honour to be,

Sir,

Your most obedient

Humble servant,

Officer Administering the Government.

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805 of which is to effect the desired change. 8. Besides the considerations set out above it may perhaps be useful to mention that it has been argued in the public press in the Colony that as the Collision Regulations were by Her late Majesty's Order in Council of the 7th July, 1897, applied to Chinese ships "of foreign type whether warships or not but not otherwise" the Colonial Legislature had no power to enact that the Collision Regulations as to lights shall apply to junks, which is really the effect of Ordinance 39 of 1902. However that may be, I consider that valid objection can be taken to the Ordinance on the ground that, the conflict of evidence inseparable from collision cases, it adds a fruitful source of contradictory testimony as to the position of the vessels at the time of collision, for on the position of the junk will depend the question of whether she should have been carrying the side lights. 9. I have consulted the Harbour Master and the Executive Council on the subject of the draft Ordinances enclosed, and they approve of them. I have the honour to be, Sir, Your most obedient Humble servant, Officer Administering the Government.

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805 of which is to effect the desired change. 8. Besides the considerations set out above it may perhaps be useful to mention that it has been argued in the public press in the Colony that as the Collision Regula- tions were by Her late Majesty's Order in Council of the 7th. July, 1897, applied to Chinese ships "of foreign type whether warships or not but not otherwise" the Colonial Legislature had no power to enact that the Collision Regulations as to lights shall apply to junks, which is really the effect of Ordinance 39 of 1902. to However that may be, I consider that valid objection can be taken to the Ordinance on the ground that, the conflict of evidence inseparable from collision cases, it adds a fruitful source of contradictory testimony as to the position of the vessels at the time of collision, for on the position of the junk will depend the question of whether she should have been carrying the side lights. 9. I have consulted the Harbour Master and the Executive Council on the subject of the draft Ordinances enclosed, and they approve of them. I have the honour to be, Sir, Your most obedient Humble servant, Officer Administering the Goverment. }}}

2026-06-01 17:51:17 · Baseline

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805

of which is to effect the desired change.

Besides the considerations set out above

it may perhaps be useful to mention that it has been argued in the public press in the Colony that as the Collision Regula- tions were by Her late Majesty's Order in Council of the 7th. July, 1897, applied to Chinese ships "of foreign type whether warships or not but not otherwise" the Colonial Legislature

had no power to enact that the Collision Regulations as to

lights shall apply to junks, which is really the effect of

Ordinance 39 of 1902.

However that may be, I consider that valid

objection can be taken to the Ordinance on the ground that,

the conflict of evidence inseparable from collision cases, it

adds a fruitful source of contradictory testimony as to the

position of the vessels at the time of collision, for on the

position of the junk will depend the question of whether she

should have been carrying the side lights.

I have consulted the Harbour Master and

the Executive Council on the subject of the draft Ordinances

enclosed, and they approve of them.

I have the honour to be,

Sir,

Your most obedient

Humble servant,

Officer Administering the Goverment.

}}}

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