XN000022-1978-08-25 — Page 4

FRIDAY, AUGUST 25, 1978

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THE PROVISIONS RELATING TO CARGO HANDLING ENABLE REGULATIONS TO BE MADE TO EXTEND THE PRESENT SAFETY REQUIREMENTS UNDER THE FACTORIES AND INDUSTRIES UNDERTAKING (CARGO HANDLING) REGULATIONS TO CARGO HANDLING ON VESSELS. THIS IS DESIRABLE IN THE INTEREST OF SAFETY AS THE FACTORIES AND INDUSTRIAL UNDERTAKING ORDINANCE COVERS ONLY THE SAFETY ASPECT OF CARGO HANDLING ON LAND AT DOCKS AND QUAYS, BUT NOT ON THE VESSELS THEMSELVES. THE NECESSARY REGULATIONS ARE CURRENTLY BEING PREPARED.

OTHER PROVISIONS IN THE BILL INCLUDE CLAUSES WHICH MAKE ALL REPAIRS TO AND BREAKING UP OF VESSELS EXCEEDING 50 METRES IN LENGTH SUBJECT TO THE PERMISSION AND CONTROL OF THE DIRECTOR OF MARINE, OTHER CLAUSES PROHIBIT THE USE OF DANGEROUS EQUIPMENT AND THE CARRYING OUT OF WORK IN DANGEROUS CONDITIONS AND EMPOWER THE DIRECTOR TO APPOINT INSPECTORS WHO MAY BOARD ANY VESSEL AND CARRY OUT SUCH INSPECTION AND EXAMINATION AS MAY BE NECESSARY TO ENSURE THAT THE SAFETY REQUIREMENTS ARE MET.

OTHER CHANGES WHICH THE BILL SEEKS TO MAKE INCLUDE POWERS TO REFUSE PERMISSION FOR CERTAIN VESSELS TO ENTER OR LEAVE HONG KONG WATERS POWERS OF DETENTION ARE ALSO PROVIDED. THE POWER TO GIVE DIRECTIONS IN RESPECT OF MOVEMENT AND MOORING OF ALL VESSELS IS EXTENDED THROUGHOUT THE WATERS OF HONG KONG. ALL LOCAL VESSELS ARE REQUIRED TO BE LICENSED AND PROVISION IS MADE FOR THE RETROSPECTIVE CHARGING OF LICENCE FEES, A CLAUSE IS INCLUDED WHICH EMPOWERS THE GOVERNOR IN COUNCIL TO MAKE REGULATIONS IN RESPECT OF THE FIRE-FIGHTING APPARATUS AND LIFE SAVING APPLIANCES TO BE PROVIDED ON VESSELS AND FOR THE TRAINING OF THE CREW IN THE USE OF SUCH APPARATUS OR APPLIANCES.

THE SPOKESMAN SAID THE DIRECTOR OF MARINE HAS ASKED THE OWNERS OF ALL FERRIES AND PASSENGERS VESSELS TO HOLD EMERGENCY DRILLS.

OTHER CLAUSES EMPOWER THE GOVERNOR IN COUNCIL TO MAKE REGULATIONS CONTROLLING THE EMISSION OF SMOKE FROM VESSELS= REQUIRE ALL SHIPS WHICH HAVE SUFFERED DAMAGE OR ARE ON FIRE TO NOTIFY THE DIRECTOR OF MARINE PRIOR TO THE IR ARRIVING IN THE WATERS OF HONG KONG AND REQUIRE THE OWNER OR HIS AGENT OR MASTER TO NOTIFY THE DIRECTOR OF FIRE SERVICES OF ANY FIRES ON BOARD VESSELS AND EMPOWER THE DIRECTOR TO BOARD SUCH VESSELS FOR THE PURPOSE OF EXTINGUISHING FIRES.

CONCERNING OIL POLLUTION, THE EXISTING PROVISIONS OF THE MERCHANT SHIPPING ORDINANCE PROVIDE THAT, IF A VESSEL CAUSES OIL POLLUTION, THE OWNER, MASTER, AGENT OR CHARTERER OF THE VESSEL IS LIABLE TO CRIMINAL PROCEEDINGS.

LOCAL SHIP AGENTS HAVE MADE REPRESENTATIONS THAT SUCH PROVISIONS ARE UNFAIR TO SHIPS' AGENTS AS THEY HAVE NO CONTROL OVER THE VESSELS CONCERNED. THE DIRECTOR OF MARINE AND THE ATTORNEY GENERAL ACCEPT THIS VIEW AND ACCORDINGLY THE BILL OMITS SHIP AGENTS FROM THOSE LIABLE TO CRIMINAL PROCEEDINGS IN RESPECT OF OIL POLLUTION OFFENCES.

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