XN000022-1985-06-12 — Page 38

WEDNESDAY, JUNE 12, 1985

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BILL PAVES WAY FOR +OSPREY+ REHEARING

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THE DISCOVERY OF THE WRECK OF THE BARQUENTINE +OSPREY+ SINCE THE MARINE COURT FINDINGS IN MID-1984, TOGETHER WITH OTHER NEW EVIDENCE, SUGGESTED THAT A REHEARING SHOULD BE ORDERED, THE SECRETARY FOR ECONÓMIC SERVICES, THE HON PIERS JOCOBS, TOLD THE LEGISLATIVE COUNCIL TODAY.

THE WRECK, HE SAID, HAD BEEN DISCOVERED AND POSITIVELY IDENTIFIED +INA LOCATION SUBSTANTIALLY DIFFERENT FROM THAT IN WHICH THE COURT FOUND THE VESSEL WAS LOST.+

MOVING THE SECOND READING OF THE MERCHANT SHIPPING (AMENDMENT) BILL 1985, MR JACOBS SAID IT WAS TO MAKE CLEAR THAT THE GOVERNOR MIGHT ORDER THE REHEARING OF AN INVESTIGATION BY A MARINE COURT

INTO A CASUALTY AFFECTING A SHIP.

HE EXPLAINED THAT +UNDER SECTION 56(1) OF THE PRINCIPAL ORDINANCE, THE GOVERNOR'S POWER TO ORDER A REHEARING RELATED SPECIFICALLY TO INVESTIGATIONS INTO THE CONDUCT OF A HOLDER OF A CERTIFICATE OF COMPETENCY.

THERE WAS SOME DOUBT AS TO WHETHER THE GOVERNOR MIGHT ORDER A REHEARING OF INVESTIGATION INTO A CASUALTY AFFECTING A SHIP EVEN THOUGH THE ORIGINAL HEARING WOULD USUALLY HAVE TOUCHED ON MATTERS CONCERNING THE CONDUCT OF CERTIFICATE HOLDERS,

+CLAUSE 2(A) OF THE DRAFT BILL MAKES THE POSITION ABUNDANTLY CLEAR, HE SAID.

+WHILST THIS BILL REPRESENTS A NECESSARY AND DESIRABLE AMENDMENT TO THE PRINCIPAL ORDINANCE, IT WILL BE OF DIRECT RELEVANCE TO THE INQUIRY INTO THE LOSS OF THE 'OSPREY'.+

CLAUSE 2(B) OF THE BILL, WHICH PROVIDED THAT SUCH AN ORDER FOR A REHEARING MIGHT BE MADE IN RELATION TO AN INVESTIGATION HELD BEFORE OR AFTER THE BILL TOOK EFFECT, WOULD ENABLE THIS TO BE DONE, HE SAID.

DEBATE ON THE BILL WAS ADJOURNED.

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