XN000022-1993-07-27 — Page 7

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TUESDAY, JULY 27, 1993

MR MAK SAID THE LACK OF A FORMAL REGULATORY SYSTEM DID MEAN THAT ESTATE AGENTS WERE NOT SUBJECT TO ANY CONTROL AT ALL.

NOT

"UNDER THE COMMON LAW, AN ESTATE AGENT HAS A DUTY TO EXERCISE CARE AND SKILL, TO DISCLOSE ANY CONFLICT OF INTEREST AND NOT TO MAKE SECRET PROFITS OR BRIBES.

"THE LAW OF MISREPRESENTATION ALSO ENABLES A PRINCIPAL CLAIM REMEDIES WHERE HE CAN SHOW THAT THE AGENT HAS INDUCED ENTER INTO A CONTRACT BY MAKING UNTRUE STATEMENTS OF FACT.

TO

HIM то

"A PRINCIPAL IS ENTITLED TO CLAIM DAMAGES AND/OR TO RESCIND THE CONTRACT.

UNDER

"IN ADDITION, ESTATE AGENT ACTIVITIES ARE ACTIONABLE VARIOUS ORDINANCES SUCH AS THE PREVENTION OF BRIBERY ORDINANCE, THE THEFT ORDINANCE AND THE LEGAL PRACTITIONERS ORDINANCE WHERE FRAUD OR CORRUPTION IS INVOLVED, HE SAID.

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SHIPPING AND PORT CONTROL (AMENDMENT) REGULATION 1993

THE GOVERNOR IN COUNCIL TODAY (TUESDAY) APPROVED THE SHIPPING AND PORT CONTROL (AMENDMENT) REGULATION 1993 TO DESIGNATE RESTRICTED AREAS IN THE WATERS ADJACENT TO THE TSING YI (SOUTH), TSING YI (NORTH) AND AP LEI CHAU BRIDGES.

THE REGULATION WILL BE PUBLISHED IN THE GAZETTE ON AUGUST AND WILL COME INTO EFFECT ON THE SAME DAY.

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THE REGULATION IS TO DESIGNATE A RESTRICTED AREA IN RAMBLER CHANNEL SO THAT, EXCEPT WITH THE PERMISSION OF THE DIRECTOR OF MARINE, NO VESSEL HAVING A MAST OR SUPERSTRUCTURE HEIGHT EXCEEDING 17 METRES ABOVE SEA LEVEL 18 ALLOWED:

* IN THE CASE OF VESSEL BEING TOWED, TO ENTER, BERTH OR

UNBERTH WITHIN THE AREA UNLESS IT

IS BEING TOWED BY SUCH NUMBER OF TUGS OR OTHER VESSELS AS MAY REASONABLY ВЕ REQUIRED TO ENSURE THE SAFETY OF THE VESSEL HAVING REGARD TO THE CIRCUMSTANCES PERTAINING THERETO; OR

* TO APPROACH A BRIDGE IN SUCH A WAY AS TO PREJUDICE THE

SAFETY OF THE BRIDGE

SIMILAR RESTRICTIONS WILL ALSO APPLY TO THE WATERS ADJACENT THE AP LEI CHAU BRIDGE FOR VESSEL HAVING A

OR SUPERSTRUCTURE HEIGHT EXCEEDING 14 METRES ABOVE SEA LEVEL.

ΤΟ

MAST

A SPOKESMAN FOR THE MARINE DEPARTMENT SAID: "IN DETERMINING A MAXIMUM HEIGHT LIMIT, THE DIRECTOR OF MARINE HAS REGARD то THE MINIMUM ACCEPTABLE CLEARANCE WITHIN THE SPAN OF A BRIDGE, SO AS TO ALLOW A SUFFICIENT SAFETY MARGIN FOR WORST CASE SITUATIONS. H

VESSEL ASSOCIATION

THE PORT OPERATIONS COMMITTEE, THE PROVISIONAL LOCAL ADVISORY COMMITTEE AND THE HONG KONG CARGO VESSEL TRADERS HAVE BEEN CONSULTED.

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