XN000022-1980-10-08 — Page 11

WEDNESDAY, OCTOBER 8, 1980

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THIS, MR NAZARETH POINTED OUT, WOULD ASSIST PRACTITIONERS AND OTHERS CONCERNED WITH THE LAW, WHO WOULD BE ABLE TO REFER TO THE RULES OF THE SUPREME COURT FOR VIRTUALLY ALL MATTERS RELATING TO CIVIL PROCEEDINGS.

AT THE MOMENT THE EVIDENCE ORDINANCE PROVIDED FOR THE ADMISSIBILITY OF HEARSAY AND EXPERT EVIDENCE IN CIVIL PROCEEDINGS TO BE REGULATED BY RULES MADE UNDER THIS ORDINANCE, HE SAID.

THE BILL, HE EXPLAINED, WOULD REPEAL OR AMEND THE EXISTING RULE MAKING POWERS IN THE EVIDENCE ORDINANCE SO THAT THE ADMISSIBILITY OF HEARSAY AND EXPERT EVIDENCE COULD BE PROVIDED FOR IN THE RULES OF THE SUPREME COURT.

+ IF THE BILL IS PASSED, THE EXISTING EVIDENCE (HEARSAY) RULES WILL BE REVOKED AND APPROPRIATE PROVISION WILL BE INCORPORATED IN THE RULES OF THE SUPREME COURT, MR NAZARETH SAID.

DEBATE ON THE MOTION WAS ADJOURNED.

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NEW DEFINITION OF SHIP PROPOSED ***

A BILL SEEKING TO EXTEND THE APPLICATION OF THE PART OF THE MERCHANT SHIPPING ORDINANCE DEALING WITH SHIPPING CASUALTIES INVOLVING LOCAL VESSELS WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE MERCHANT SHIPPING (AMENDMENT) BILL 1980, THE SECRETARY FOR ECONOMIC SERVICES, THE HON DAVID JEAFFRESON SAID THAT PART VEIL OF THE MERCHANT SHIPPING ORDINANCE PROVIDED FOR THE HOLDING OF A MARINE COURT TO INVESTIGATE CASUALTIES AFFECTING SHIPS AND TO INQUIRE INTO CHARGES OF INCOMPETENCY OR MISCONDUCT.

HE SAID IF THE MASTERS, MATES OR ENGINEERS OF THE SHIPS CONCERNED WERE FOUND INCOMPETENT OR GUILTY OF MISCONDUCT BY THE COURT THEIR CERTIFICATES OF COMPETENCY MAY BE CANCELLED OR SUSPENDED.

BUT UNDER THE EXISTING PROVISION THE DEFINITION OF SHIP SPECIFICALLY EXCLUDED JUNKS AND MARINE COURTS COULD NOT BE APPOINTED WHEN JUNKS WERE INVOLVED IN A SHIPPING ACCIDENT, MR JEAFFRESON POINTED OUT.

+HENCE, THE CERTIFICATE OF COMPETENCY OF MASTERS OF ANY OF THE VESSELS INVOLVED CANNOT BE CANCELLED BY A COURT, HE SAID.

TO RECTIFY THIS DEFICIENCY, HE CONTINUED, THE MERCHANT SHIPPING (AMENDMENT) BILL 1980 WOULD PROVIDE A NEW DEFINITION OF +SHIP+ TO INCLUDE EVERY TYPE OF VESSEL USED IN NAVIGATION.

/THE BILL