TNAG-0960-FCO40-1179-Legislation-for-merchant-shipping-in-Hong-Kong-1980 — Page 37

G.S. 84

For discussion

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on 26th August 1980

Akic 175/3

RECEIVED IN REGISTRY NO.

27 AUG 1980

DESK OFFICER

51

XCR(80)201 Copy No

REGISTRY

MEMORANDUM FOR EXECUTIVE COUNCIL

Merchant Shipping Ordinance

(Chapter 281)

MERCHANT SHIPPING (AMENDMENT)

BILL 1980

04

.

PA

***

"Annexed for the consideration of Members-is, the Merchant

Shipping (Amendment) Bill 1980.

Background

2

Part VIII of the Merchant Shipping Ordinance (Chapter 281) deals with shipping accidents involving any British ship, which have occurred in or near Hong Kong waters. It provides that:

3

(a)

(b)

a preliminary inquiry may be held or a marine

court may be appointed to inquire into the accident

or into charges of incompetence or misconduct on the part of masters, mates or engineers of the ships concerned; and

the certificate of a master, mate or engineer issued under the Merchant Shipping Ordinance may be cancelled or suspended if incompetence or misconduct is proved,

Difficulties in dealing with shipping casualties involving British ships with certain types of local craft have come to light. Under the Merchant Shipping Ordinance, the definition of "ship" specifically excludes junks or lorchas whether mechanically propelled or not. Because of this exclusion, Marine Courts cannot be appointed under Part VIII of that Ordinance to investigate casualties between British ships and junks, and hence cannot cancel or suspend the certificate of competency of masters of the vessels involved, if misconduct or incompetency is proved. Of the 20,000 local craft in Hong Kong 80% are junks. However, it should be pointed out that, where Part VIII of the Merchant Shipping Ordinance does not apply, the Director of Marine has the power under section 30 of the Shipping and Port Control Ordinance (Chapter 313) to cancel or suspend any certificate of competency issued under that Ordinance to a master, deck or engineering crew, of a junk or other vessel licensed under that Ordinance for incompetence, misconduct or negligence in the performance of his duties.

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