XN000022-1995-01-11 — Page 17

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(a)

close any area of the waters of Hong Kong; and

(b)

give general directions

to any number, group, class or any description of vessel at one time.

At present, the Shipping and Port Control Ordinance provides that the Director of Marine may give specific directions for the control of navigation only to one particular vessel at a time. If the Director needs to control the movement of a group or class of vessel, he must repeat such instructions to each and every vessel concerned. This restriction has proved to be both ineffective and inefficient in handling situations such as the diversion of marine traffic from reclamation areas, or, as Members may recall, prohibition of overheight barges from moving close to bridges. We propose to remove the restrictions by giving the Director more general powers so that he may promulgate a notice with which all specified vessels must comply. This concept is not new as similar powers are currently exercised by the Commissioner for Transport or the Commissioner of Police in handling road traffic. The situations requiring the exercise of such powers are usually temporary in nature. Only ad hoc measures are normally required.

To ensure that the Director of Marine is accountable in their exercise of these powers, we propose that each general direction or closure imposed by the Director -

(a)

(b)

should not last more than six months. Any conditions that need to be imposed permanently should be formally made by the Governor in Council as a regulation; and

the Administration shall be required to lay on the table of the Legislative Council in the same way as any other subsidiary legislation. This would allow Members of this Council to review the matter as necessary.

I would like to draw Members' attention to the concurrent amendments to the Shipping and Port Control Regulations. These amendments make specific provisions for the Director of Marine to handle marine traffic during fireworks displays and demonstrations held within the waters of Hong Kong.

As regards demonstrations in our waters, Members have raised concerns about the disruption to normal marine traffic and the safety of harbour users during the demonstration by fishermen in Victoria Harbour on June 14 last year. Having reviewed the matter, we consider that the Director should be given powers to

(a)

requiré advance notification from organisers for holding demonstrations at sea; and