TNAG-0960-FCO40-1179-Legislation-for-merchant-shipping-in-Hong-Kong-1980 — Page 17

A BILL

To

Enclosure N

4

Amend the Merchant Shipping Ordinance.

Enacted by the Governor of Hong Kong, with the advice and consent

of the Legislative Council thereof.

1. This Ordinance may be cited as the Merchant Shipping (Amend- Short title. ment) Ordinance 1980.

2.

Section 2 of the principal Ordinance is amended in the definition Amendment of of "ship" by inserting before "includes" the following-

"(except where section 50A applies)".

section 2.

(Cap. 281.)

3. The principal Ordinance is amended in Part VIII by adding, Addition of before section 51, the following-

"Interpreta- tion.

(Cap. 313.)

4.

50A. In this Part, unless the context otherwise requires "certificate" and "certificate of competency" include

2

certificate of competency issued under Part IV of the Shipping and Port Control Ordinance;

"ship" includes every description of vessel used in naviga-

tion.".

new section

50A.

Section 56(1) of the principal Ordinance is amended by deleting Amendment of "granted under this Ordinance".

Explanatory Memorandum

Part VIII of the Merchant Shipping Ordinance provides for the hold- ing of a preliminary inquiry, and the appointment of a marine court, to inquire into a shipping casualty which occurs on or near the coasts of Hong Kong. The Part does not apply where junks and lorchas are involved in a shipping casualty because the definition of "ship" in section 2 of the Ordinance excludes from that definition junks and lorchas whether mechanically propelled or not. The object of this Bill is to extend the application of that Part to shipping casualties involving local vessels.

Clause 2 therefore amends the definition of "ship" in section 2 of the Ordinance by excluding the application of that definition for the purposes of Part VIII, and clause 3 inserts in that Part a new definition of "ship' to include every description of vessel used in navigation. The provisions of Part VIII are therefore extended to apply where, say, a British ship is involved in a collision with a junk or any other local vessel used in navigation. An inquiry may be held in respect of the casualty and of any charge of incompetency or misconduct on the part of the master or crew of such local vessel, and the certificate of competency (defined in clause 3) of such master or crew may be cancelled or suspended as provided in that Part.

The amendment in clause 4 is consequential.

There are no significant financial or staffing implications arising from this Bill.

section 56.