XN000022-1977-04-20 — Page 23

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WEDNESDAY, APRIL 20, 1977

POWERS FOR COMMISSIONER FOR TRANSPORT

OVER FERRY OPERATIONS PROPOSED

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J

THE SECRETARY FOR THE ENVIRONMENT, THE HON. DEREK JONES, TODAY INTRODUCED INTO THE LEGISLATIVE COUNCIL THREE AMENDING BILLS WHICH SEEK TO TRANSFER TO THE COMMISSIONER FOR TRANSPORT CERTAIN POWERS OVER THE OPERATION OF FERRIES.

THE THREE BILLS ARE THE HONG KONG AND YAUMATI FERRY COMPANY (SERVICES) (AMENDMENT) BILL, STAR FERRY COMPANY (SERVICES) (AMENDMENT) BILL AND THE FERRIES (AMENDMENT) BILL.

IN MOVING THE SECOND READING OF THE HONG KONG AND YAUMATI FERRY COMPANY (SERVICES) (AMENDMENT) BILL, MR. JONES SAID THE OBJECT OF THE BILL, AND OF THE OTHER TWO BILLS, WAS TO GIVE THE COMMISSIONER FOR TRANSPORT POWERS OVER THE DAY TO DAY OPERATIONS OF THE FERRY COMPANIES MORE IN LINE WITH THOSE HE ALREADY POSSESSED IN RESPECT OF THE BUS COMPANIES.

HE SAID: THE TWO PRINCIPAL FERRY COMPANIES OPERATING IN HONG KONG, NAMELY THE HONG KONG AND YAUMATI FERRY COMPANY AND THE STAR FERRY COMPANY, RUN THEIR SERVICES UNDER ORDINANCES EXCLUSIVE TO THEMSELVES.

+THESE ORDINANCES HAVE A LONG HISTORY AND MOST OF THE GOVERNMENTAL POWERS CONTAINED IN THEM ARE VESTED IN THE

GOVERNOR-IN-COUNCIL.+

THIS MEANS THAT THE COMMISSIONER FOR TRANSPORT, WHO HAS OVERALL RESPONSIBILITY FOR THE DAY TO DAY SUPERVISION OF PUBLIC TRANSPORT, HAS ONLY VERY LIMITED POWERS OVER FERRY OPERATIONS AND THAT MOST CHANGES IN EVEN MINOR OPERATIONAL DETAILS OF FERRY SERVICES REQUIRE THE PRIOR APPROVAL OF THE GOVERNOR-IN- COUNCIL.

THE RESULT IS THAT NOT ONLY IS THE DISTRIBUTION OF POWERS NOT IN KEEPING WITH THE PRINCIPLE OF THE CONTROLLED DELEGATION OF AUTHORITY IN APPROPRIATE MATTERS TO THE HEAD OF DEPARTMENT MOST CLOSELY CONCERNED, BUT ALSO THE TIME TAKEN FOR DECISIONS ON EVEN MINOR MATTERS IS OFTEN UNNECESSARILY LONG AND COMPLICATED FOR THIS DAY AND AGE+ MR. JONES POINTED OUT.

HE ADDED THAT WHEN THE FERRY COMPANIES PRESENT FRANCHISES EXPIRE IN 1979, IT IS PROPOSED TO ENACT NEW FERRY SERVICES LEGISLATION, SIMILAR TO THE PUBLIC OMNIBUS SERVICES ORDINANCE AND TO ISSUE NEW FRANCHISES TO THE FERRY COMPANIES UNDER POWERS GRANTED BY SUCH LEGISLATION.

+THE TREATMENT OF THE FERRY COMPANIES WOULD THEN BE MORE OR LESS COMPARABLE TO THAT OF THE BUS COMPANIES.+

/THE BILL