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with if it is apparatus in the Colony or apparatus off the shores of the Colony but maintained from the Colony,
and the requirements prescribed under paragraph (a) or (b) may include requirements relating to the position and method of fitting of the radio navigational aids.
(2) This section applies to-
(a) sea-going ships registered in Hong Kong; and (b) other sea-going ships while they are in any port
in the Colony.
(3) If a ship to which this section applies proceeds. or attempts to proceed to sea without carrying such navigational aids as it is required to carry by regulations made under subsection (1) or carrying radio navigational aids not com- plying with such regulations, the owner or master of the ship shall be guilty of an offence and shall be liable on conviction to a fine of $2000.
(4) If any person establishes or operates any such apparatus as is mentioned in subsection (1)(c) and the ap- paratus does not comply with regulations made thereunder, he shall be guilty of an offence and shall be liable on conviction to a fine of $2000.
(5) For the purposes of this section and without pre- judice to the generality of the powers contained in this section. the rules relating to radio navigational aids made from time to time under the Merchant Shipping Acts shall, unless varied by or repugnant to the regulations made under this section, be deemed to be regulations made under this section.
(6) In this section, "radio navigational aid" means radio apparatus on board a ship being apparatus designed for the purposes of determining the position or direction of ships or other objects.".
Explanatory Memorandum
The purpose of this Bill is to amerd the Merchant Shipping Ordin- ance by making such provision as is necessary for Hong Kong to give effect to the International Convention for the Safety of Life at Sea 1974.
Clause 5 of the Bill adds three new sections to the Ordinance. The first, new section 38A. confers on the Governor in Council power to make regulations to give effect to the Convention. A specific power is included in respect of nuclear ships. Under subsection (3) the United Kingdom rules giving effect to the Convention shall be deemed to be the regulations made under the section. New sections 38B and 38C contain new powers to make radio regulations and regulations relating to radio navigational aids. These new sections will replace sections 3 and 6 of the U.K. Merchant Shipping (Safety Convention) Act 1949. as extended to Hong Kong by the Merchant Shipping Safety Convention (Hong Kong) No. 1 Order 1953 and section 10 of the Merchant Shipping Act 1964 as extended to Hong Kong by the Merchant Shipping (Safety Convention) (Hong Kong) Order 1965.
Clause 2 of the Bill amends the definition of "Merchant Shipping Acts" in section 2 of the principal Ordinance by including a reference to the latest such Act, the Merchant Shipping Act 1979.
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