XN000022-1978-12-08 — Page 4

FRIDAY, DECEMBER 8, 1978

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SHIPPING AND PORT CONTROL ORDINANCE 1978

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THE SHIPPING AND PORT CONTROL ORDINANCE 1978, WHICH IMPROVES AND CONSOLIDATES EXISTING LEGISLATION RELATING TO THE SHIPPING AND CONTROL OF PORTS IN HONG KONG, WILL COME INTO FORCE ON DECEMBER 29, 1978.

THE NEW ORDINANCE REPRODUCES EXISTING PROVISIONS IN THE MERCHANT SHIPPING ORDINANCE IN A FORM WHICH CLARIFIES THE DIRECTOR OF MARINE'S POWERS TO CO-ORDINATE NAVIGATION AND MOORING OF VESSELS, TO CONTROL SHIP-BREAKING, SHIP REPAIRING AND CARGO HANDLING FACILITIES AND GENERALLY TO ADMINISTER THE WATERS OF HONG KONG WITH MAXIMUM EFFICIENCY.

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

AMONG THE MORE SIGNIFICANT INNOVATIONS ARE THE APPLICATION TO ALL VESSELS OF THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA AND THE PROVISION OF A PENALTY FOR FAILURE TO COMPLY- THE POWER TO REFUSE CERTAIN VESSELS PERMISSION TO ENTER OR LEAVE HONG KONG WATERS AND TO CONTROL VESSELS ENTERING AND LEAVING THE WATERS OF HONG KONG INCLUDING THE CONTROL OF THE IR NAVIGATION, MOVEMENT AND MOORING.

THE ORDINANCE ALSO PROVIDES FOR THE PROHIBITION OF LAID-UP SHIPS FROM MOORING AND ANCHORING AT ANY PLACE WITHIN HONG KONG WATERS EXCEPT WITH THE PERMISSION OF THE DIRECTOR OF MAR INE.

IN ORDER TO PROVIDE FOR MORE CLEARLY DEFINITIVE SAFETY REQUIREMENTS AND IMPROVED MEANS OF ENFORCEMENT, PROVISIONS RELATING TO CARGO HANDLING AND TO THE REPAIR AND BREAKING UP OF VESSELS HAVE BEEN INTRODUCED UNDER THE SHIPPING AND PORT CONTROL (CARGO HANDLING REGULATIONS) 1978.

THESE REGULATIONS EXTEND THE PRESENT SAFETY REQUIREMENTS UNDER THE FACTORIES AND INDUSTRIAL UNDERTAKING (CARGO HANDLING) REGULATIONS TO CARGO HANDLING ON VESSELS.

THIS REQUIREMENT IS IN THE INTEREST OF SAFETY AS THE FACTOR IES AND INDUSTRIAL UNDERTAKING ORDINANCE COVERS ONLY THE SAFETY ASPECT OF CARGO HANDLING ON LAND, AT DOCKS AND QUAYS, BUT NOT ON VESSELS THEMSELVES.

THE MAIN BODY OF THE SHIPPING AND PORT CONTROL (CARGO HANDLING) REGULATIONS WILL COME INTO OPERATION ON DECEMBER 29, 1978, BUT THOSE PROVISIONS WHICH RELATE TO THE TESTING AND EXAMINATION OF LIFTING APPLIANCES AND GEAR WILL COME INTO OPERATION ON JULY 1, 1979.

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