XN000022-1997-04-23 — Page 30

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Freight Containers (Safety) Bill

Following is the speech by the acting Secretary for Economic Services, Mr Kwan Wing-wah, in resuming the second reading debate on the Freight Containers (Safety) Bill in the Legislative Council today (Wednesday);

Mr President,

I would like to thank Dr the Honourable Samuel Wong and the Bills Committee for their thorough and detailed discussions with the Administration on the Freight Containers (Safety) Bill and their support to the Bill.

The purpose of the Bill is to implement in Hong Kong the International Convention for Safe Containers 1972. The main objective is to safeguard the construction and safety of containers used in Hong Kong. Based on the Convention, the Bill sets out requirements for the testing, inspection and approval of containers, and requires the owner of, or the person responsible for, a container to ensure compliance with these requirements.

In the course of examining the Bill, Members of the Bills Committee expressed concern over two issues, namely the responsibilities of container vehicle drivers if a container being transported was found to be unsafe by the authority, and the scope of the Bill which is limited to the structural safety of freight containers.

On the first point, I would like to reiterate that clause 4 of the Bill specifies that the owner of a container would have the responsibility for ensuring compliance with the safety requirements under the Bill. A lessee or bailee would only be responsible if there is an agreement providing for exercise of the owner's responsibility by the lessee or bailee. A container vehicle driver will have no responsibility other than to provide information regarding the identity of the owner of a container if a contravention is found. The Administration will take action to raise the awareness of container vehicle drivers in this respect.

On the second point, as the purpose of the Bill is to give effect to the International Convention on Safe Containers 1972, the scope of the Bill is confined to the structural safety of containers. The Administration will continue its efforts to improve the safe transportation of containers in Hong Kong.

The Bills Committee and the Administration have also considered some proposed amendments to the Bill submitted jointly by terminal operators and agreed that the Bill should be amended accordingly. The suggestions seek to clarify the application of clause 17(2) and propose that a warrant from the Magistrate should be required if the Director of Marine wishes to examine the inside of a sealed container.

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