XN000022-1977-06-28 — Page 5

TUESDAY, JUNE 28, 1977

APPOINTMENT OF MARINE COURT EXPLAINED

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THE REPORT OF THE PRELIMINARY INQUIRY CONDUCTED INTO THE CIRCUMSTANCES SURROUNDING THE COLLISION LAST MARCH BETWEEN THE FERRY, MAN TAK, AND THE HYDROFOIL, FLYING ALBATROSS, INDICATED THAT THE DEGREE OF ERROR ON THE PÁRT OF THE MASTERS OF THE SHIPS INVOLVED WAS INSUFFICIENT TO WARRANT CHARGES OF SERIOUS INCOMPETENCE OR MISCONDUCT.

IT ALSO INDICATED THAT THERE WERE NO DEFECTS IN THE DESIGN OR CONSTRUCTION OF THE VESSELS OR DEFICIENCIES IN THE EQUIPMENT, A MARINE DEPARTMENT SPOKESMAN SAID TODAY.

BECAUSE THE FINDINGS OF THE PRELIMINARY INQUIRY WERE CONCLUSIVE, THE GOVERNOR DECIDED NOT TO APPOINT A MARINE COURT, THE SPOKESMAN ADDED.

THE SPOKESMAN SAID THAT THE PURPOSE OF A MARINE COURT IS I

* TO INVESTIGATE ANY CHARGES OF SERIOUS MISCONDUCT, NEGLIGENCE

OR INCOMPETENCE WHICH MAY HAVE BEEN MADE IN THE PRELIMINARY INQUIRY REPORT AND, IF NECESSARY, ORDER THE CANCELLATION OR SUSPENSION OF THE CERTIFICATE OF COMPETENCY OF ANY MASTER, MATE OR ENGINEER CONCERNED-

*

TO DETERMINE WHETHER ANY FAULT IN THE DESIGN, CONSTRUCTION OR EQUIPMENT OF THE VESSEL CONCERNED WAS RESPONSIBLE FOR THE CASUALTY AND TO MAKE SUCH RECOMMENDATIONS AS WOULD APPEAR NECESSARY TO PREVENT THE OCCURRENCE OF SIMILAR CASUALTIES IN THE FUTURE- AND

* WHERE THERE HAS BEEN LOSS OF LIFE, TO DETERMINE THE CAUSES OF

SUCH LOSS AND THE MEASURES NECESSARY TO PREVENT SIMILAR LOSSES IN THE FUTURE.

THE SPOKESMAN EMPHASISED THAT IT IS NOT THE NORMAL PRACTICE, EITHER IN THE UNITED KINGDOM OR IN HONG KONG, TO MAKE A FULL PUBLIC DISCLOSURE OF FACTS ELICITED IN THE COURSE OF A PRELIMINARY INQUIRY.

HOWEVER, IF FAULTS OR INADEQUACIES IN ANY MARINE PROCEDURES ARE REVEALED IN THE COURSE OF A PRELIMINARY INQUIRY, THESE ARE NORMALLY MADE THE SUBJECT OF GENERAL MARINE DEPARTMENT NOTICES WHICH ARE ISSUED FROM TIME TO TIME BY THE DIRECTOR, HE ADDED.

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