TNAG-0960-FCO40-1179-Legislation-for-merchant-shipping-in-Hong-Kong-1980 — Page 47

Karat JMADLAMICIAN

For discussion

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on 5th February 1980

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07 FEB 1980

Merchant Shipping Ordinance

DESK OFFICER

REGISTRY

INDEX Chapter 281 Action Taken

Aus filz

01

Copy No

PAJ4.2

MERCHANT SHIPPING (FCRMS) REGULATIONS 1980

Annexed for the consideration of Honourable Members are the

Merchant Shipping (Forms) Regulations 1980.

2.

The Herchant shipping (Amendment) Ordinance 1979 was enacted

to make provision against the entry into Hong Kong of ships carrying unauthorised entrants. Among other things, the amending Ordinance laid down a procedure for dealing with vessels liable to forfeiture. Under this procedure, once the Director of arine has seized a ship

and has served notice to that effect, any person may claim within 30

days of the notice being served, that the vessel is not liable to

forfeiture. When the Director of Marine applies to a magistrate for

the forfeiture of the ship, and such a claim has been made, the magistrate is required by section 343(2) of the Ferchant Shipping

Ordinance to issue a summons to the claimant, in order that the case

may be heard. This summons is required to be in a prescribed form,

which means it has to be prescribed by regulations. The Merchant Shipping (Forms) Regulations annexed, accordingly now seek to prescribe

a suitable form.

3.

The power of the Governor in Council to make regulations to

prescribe forms to be used for the purposes of the Merchant Shipping

Crdinance is contained in section 114(1) of that Ordinance.

Staff and financial implications

4.

There are no staffing or financial implications.

There are no public relations implications.

Public relations aspects

5.

Advice sought

6.

Honourable Members will be asked to advise under section 114 of the Ferchant Shipping Crdinance (Chapter 281) whether the Merchant Shipping (Forms) Regulations 1980, as annexed, should be made.

(The Deputy Law Draftsman (r. J.F. Mathews) will attend before the Council for discussion of this item.)

G.S. 84

25th January 1980 (CR L/M 77/79)

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