TNAG-0960-FCO40-1179-Legislation-for-merchant-shipping-in-Hong-Kong-1980 — Page 43

G.S. 84

For discussion

on 25th March 1980

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HICK 175/3

RECEIVED IN REGISTRY NO. 51

2.7.MAR 1980

XCR(80)77 Copy No.....

MEMORANDUM FOR EXECUTIVE EDUNCIL

DESK OFFICER

Shipping Port Control Ordinance

(Chapter 313)

Action Taken

AW27

MERCHANT SHIPPING (FEES) (AMENDMENT) REGULATIONS 1980

03.

разжи

Annexed for the consideration of Members are the

Merchant Shipping (Fees) (Amendment) Regulations 1980.

Background

2

Under regulation 2 of the Merchant Shipping (Miscellaneous Craft) Regulations, "Class VII vessels" are defined as floating dry docks and floating workshops that tend to remain stationary in the waters of Hong Kong. Under Part VII (Fees Payable in Relation to Miscellaneous Craft) of the Schedule to the Merchant Shipping (Fees) Regulations, the fee payable for an annual licence in respect of Class VII vessels is $1,100 for every 100 net registered tons or part thereof. One-fifth of the fee is intended to recover the administrative costs associated with issuing the licence, and four-fifths of the fee is intended to be a rental for the sea bed occupied.

3

At present there are eight Class VII vessels in Hong Kong. Three of these vessels are floating dry docks which have obtained private treaty grants from the Government, under the Foreshores and Seabed Ordinance (Chapter 127). Under the terms of these grants a rental is paid for occupation of the sea bed, and so these three vessels are required to pay rent twice for occupation of the sea bed. This is an anomalous situation and in the past four-fifths of the licence fees have been remitted in these cases by the Governor under section 96 (reduction etc. of fees and charges) of the Interpretation and General Clauses Ordinance (Chapter 1). The legal Department has recently advised that this Ordinance should not be used where remissions are required to be made recurrently.

Proposal

4

It is proposed that the licence fee for Class VII vessels which are the subject of private treaty grants involving the payment of a rental for occupation of the sea bed, should be one-fifth of the fee prescribed in respect of other vessels belonging to that class; that

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