XN000022-1978-08-25 — Page 3

FRIDAY, AUGUST 25, 1978

2

SHIPPING AND PORT CONTROL BILL 1978

*****

THE SHIPPING AND PORT CONTROL BILL 1978 IS PUBLISHED IN THE COVERNMENT GAZETTE TODAY.

THE MAIN PURPOSE OF THE PROPOSED LEGISLATION IS TO IMPROVE AND CONSOLIDATE THOSE PARTS OF THE MERCHANT SHIPPING ORDINANCE AND ITS SUBSIDIARY LEGISLATION RELATED TO SHIPPING AND CONTROL OF PORTS IN HONG KONG.

A SPOKESMAN FOR THE MARINE DEPARTMENT SAID THE MERCHANT SHIPPING ORDINANCE HAS LONG BEEN CONSIDERED UNSUITABLE AND TOO RESTRICTIVE TO DEAL EFFECTIVELY WITH PORT ADMINISTRATION, THE CONTROL OF LOCAL WATERS AND THE REGULATION OF LOCAL CRAFT.

+THE ORDINANCE, WHICH IS BASED ON THE UNITED KINGDOM MERCHANT SHIPPING ACTS AND INTENDED PRIMARILY TO REGULATE INTERNATIONAL SHIPPING, PROVIDES INSUFFICIENT POWERS TO ALLOW THE MAKING OF SUBSIDIARY LEGISLATION OF BROAD ENOUGH SCOPE TO TACKLE LOCAL PROBLEMS. THE DIRECTOR OF MARINE CONSIDERS THAT SEPARATE LEGISLATION DEALING SPECIFICALLY WITH LOCAL PROBLEMS SHOULD BE INTRODUCED TO REPLACE THE CORRESPONDING PARTS OF THE MERCHANT SHIPPING ORDINANCE, HE SAID.

THE LEGISLATION WILL MAINLY REPRODUCE THE EXISTING PROVISIONS BUT IN A FORM WHICH CLARIFIES THE DIRECTOR'S POWER TO CO-ORDINATE THE NAVIGATION AND MOORING OF VESSELS TO CONTROL SHIPBREAKING AND SHIP REPAIRING AND CARGO HANDLING ACTIVITIES- AND GENERALLY TO ADMINISTER THE WATERS OF HONG KONG WITH THE MAXIMUM EFFICIENCY, HE ADDED.

THE BILL, WHICH COMPRISES 81 CLAUSES, REPEALS AND REPLACES CERTAIN PARTS OF THE MERCHANT SHIPPING ORDINANCE. IT RE-ENACTS MOST OF THE EXISTING PROVISIONS BUT THE OPPORTUNITY IS ALSO BEING TAKEN TO INTRODUCE SOME AMENDMENTS AND OTHER NEW PROVISIONS IN THE LIGHT OF OPERATIONAL EXPERIENCE AND REVISED POLICY.

BOTH THE PORT COMMITTEE AND PORT EXECUTIVE COMMITTEE HAVE BEEN CONSULTED AND THEY HAVE AGREED TO THE LEGISLATION.

THE SPOKESMAN SAID: THE MOST SIGNIFICANT CHANGE IS THE INTRODUCTION OF PROVISIONS DEALING WITH THE REPAIR AND BREAKING UP OF VESSELS, AND WITH CARGO HANDLING ON BOARD VESSELS. THE FORMER ARISES FROM THE RECOMMENDATIONS OF THE COMMISSION OF INQUIRY INTO THE FIRE ON THE JUMBO+ FLOATING RESTAURANT IN 1971. THE MAIN RECOMMENDATION WAS THAT 'THE DIRECTOR OF MARINE BE GIVEN AN OVERALL RESPONSIBILITY FOR THE SAFETY OF WORKING CONDITIONS ON SHIPS AND FLOATING STRUCTURES BEING BUILT OR UNDER REPAIR ON RENOVATION IN THE WATERS OF HONG KONG, AND THAT HE BE PROVIDED WITH SUITABLE POWERS OF ENFORCEMENT'. INTERIM MEASURES WERE INTRODUCED IN 1973 BY AMENDING THE MERCHANT SHIPPING (CONTROL OF PORTS) REGULATIONS AND BY ESTABLISHING A SHIPPING SAFETY SECTION IN THE SHIP SAFETY DIVISION OF THE MARINE DEPARTMENT TO SUPERVISE THE SAFETY ASPECTS OF WORKS CARRIED OUT ON VESSELS.+

THE BILL EXTENDS THESE INTERIM MEASURES TO PROVIDE FOR MORE CLEARLY DEFINED SAFETY REQUIREMENTS AND IMPROVED MEANS OF ENFORCEMENT.

/THE PROVISIONS