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Though the Convention only covers containers used for international transport, we propose that our local legislation should also apply to containers used for domestic transport, as we are of the view that the same safety standard should apply to containers used for international transport and local transport.

The main objective of the Bill is to safeguard the construction and safety of containers used in Hong Kong. Specifically, the Bill requires the owner of, or the person responsible for, a container to ensure that the container being handled is approved by recognised authorities, fixed with a safety approval plate, properly maintained, examined according to the approved procedures and that markings on it are consistent with information on the safety approval plate.

The Bill also provides that containers used in Hong Kong shall be subject to control by the Director of Marine and inspectors appointed by him. Random checks on containers will be conducted by the Marine Department, with the assistance of other government departments as necessary, to ensure compliance with the requirements set out in the legislation. If any of the requirements are not met, the Director of Marine is empowered to prohibit the use of or detain the container in question.

Mr President, with these words I commend the Bill to this Council.

End

Costs in Criminal Cases Ordinance

Following is a speech by the Attorney General, Mr Jeremy Mathews, in moving the motion on Costs in Criminal Cases Ordinance in the Legislative Council today (Wednesday):

I move the resolution standing in my name in the Order Paper. The resolution is to the effect that the Costs in Criminal Cases Rules, made by the Acting Chief Justice on 25 November 1996, be approved.

The Costs in Criminal Cases Ordinance was enacted in July last year. It reforms the existing law governing the award of costs in criminal cases by removing anomalies and by providing a clear set of principles applicable to all levels of criminal courts. It also provides that in circumstances where costs are wasted as a result of any failure to appear or lateness (without reasonable cause) on the part of any legal or other representative, the court may make an order that the wasted costs be borne by that lawyer or representative. The Ordinance has not yet been brought into operation, since there is a need for rules providing for the practice and procedure under the Ordinance.