XN000022-1996-06-05 — Page 56

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37.

If a vessel, foreign or local registered, is involved in a collision causing casualties and property losses to third parties, the owner of such vessel, if at fault, is liable to damages through civil litigation.

Marine Department investigates every collision case within Hong Kong waters. Where a breach of the laws of Hong Kong is suspected, the owner of the vessel, the master and any person otherwise responsible for the vessel is each liable for prosecution under Section 10 of the Shipping and Port Control Ordinance (Cap. 313).

The numbers of collisions involving locally licensed vessels and vessels not registered in Hong Kong over the past 3 years were:

1993 - 57 1994 - 48 1995-79

Most of these accidents were minor incidents. Among these accidents, only 1, 4 and 1 incidents have resulted in injuries or fatalities in 1993, 94 and 95 respectively. Each case is examined by the Marine Department's Casualty Investigation Unit to find out the causes and the lessons to be learned. Prosecution action will be taken if necessary. In 1995, 113 successful prosecutions were taken for breaches of navigation regulations such as exceeding speed limits, proceeding on the wrong side or obstructing shipping fairways. We however do not have the information relating to the total amount of losses incurred by such accidents as the cost of repairs and apportionment of damage claims between the owners of vessels involved in collisions is a matter of civil litigation.