TNAG-0421-FCO40-467-Registration-of-merchant-shipping-in-Hong-Kong-1973 — Page 20

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

8.

Difficulty of establishing what shipping legislation is applicable to Bermuda

The present position is a nightmare. Discussion

with the Department of Trade and Industry and their

!

lawyers in relation to the Safety of Life at Sea (SOLAS)

and Load-Line Conventions has brought home to the

Department, as well as to the Government of Bermuda,

the doubts as to which provisions of the Merchant Shipping,

Acts apply to Bermuda and, if so, how they are to be

interpreted in their application. It was discovered, for

example, that numerous provisions of U.K. law which have

been modified as a result of recent Conventions had never

been extended to Bermuda and to meet this hiatus temporary

provisions have had to be included in The Merchant Shipping

Act, 1973, of Bermuda, which is about to come into force.

This is only one example, In addition, it is essential

for any country which wishes to maintain a substantial

fleet under its flag to have a clear, unified code con-

taining the whole, or at least the bulk, of its shipping

legislation. Uncertainty and lack of clarity can be a

major deterrent!

The Government of Bermuda considers that it is

essential for it to draw up a new Bermudian merchant.

shipping law, which will embody the existing U.K. legis-

lation ( contained in the multiplicity of Acts as applied to Bermuda) varied and supplemented to provide a code

which will fully meet the modern requirements of Bermuda.

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