Legislative Council

LC Paper No. LS 269/98-99

Object of the Bill

To adapt certain Ordinances and their subsidiary legislation to bring them into conformity with the Basic Law and with the status of Hong Kong as a Special Administrative Region of the People's Republic of China.

LegCo Brief Reference

2. ESB CR8/3231/91(99) XIV dated 6 July 1999 issued by the Economic Services Bureau.

Date of First Reading

3. 14 July 1999.

Comments

4. This Bill adapts 14 Ordinances relating to shipping and marine matters which are listed at Annex A. A summary of the proposed amendments in the Bill is set out in Annex B. The Bill comprises mainly terminological changes.

5. Apart from some provisions mentioned in clause 2(2), this Bill, if enacted, will take retrospective effect from 1 July 1997 to ensure that there is consistency in the interpretation of all laws on and after 1 July 1997. The retrospective effect will not apply to provisions involving criminal offences or penalties. The provisions mentioned in clause 2(2) shall come into operation on the day on which this Bill is to be published as Ordinance in the Gazette. They relate mainly to the references of the United Kingdom Merchant Shipping Act and the United Kingdom Merchant Shipping Notice which are either to be repealed or substituted.

Public Consultation

6. There has not been any public consultation on the Bill.

Consultation with the LegCo Panel

7. No consultation with any LegCo Panel on the details of the Bill has been carried out.

Conclusion

8. The amendments are essentially terminological adaptations and are in line with previous guidelines set down for the Adaptation Exercise. The legal and drafting aspects of the Bill are in order. A Bills Committee may not be required. It is recommended that Second Reading debate may be resumed.

Encls.

Prepared by v

HO Ying-chu, Anita
Assistant Legal Adviser
Legislative Council Secretariat
20 September 1999

Annex A

1.	Port Control (Cargo Working Areas) Ordinance (Cap. 81) Port Control (Cargo Working Areas) Regulations (Cap. 81 sub. leg.)
2.	Stowaways Ordinance (Cap. 83)
3.	Pilotage Ordinance (Cap. 84)Pilotage Regulations (Cap. 84 sub. leg.)
4.	Merchant Shipping Ordinance (Cap. 281)Merchant Shipping (Fees) Regulations (Cap. 281 sub. leg.) Merchant Shipping (Marine Courts) Regulations (Cap. 281 sub. leg.)
5.	Shipping and Port Control Ordinance (Cap. 313) Shipping and Port Control Regulations (Cap. 313 sub. leg.) Shipping and Port Control (Dwelling Vessels) Regulations (Cap. 313 sub. leg.) Shipping and Port Control (Typhoon shelters) Regulations (Cap. 313 sub. leg.) Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap. 313 sub. leg.) Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 313 sub. leg.) Shipping and Port Control (Hong Kong-China and Macau Ferry Terminals) Regulations (Cap. 313 sub. leg.) Hong Kong - Macau Ferry Terminal Boundaries Order (Cap. 313 sub. leg.) Shipping and Port Control Ordinance (Exemption) (1984-89 Consolidation) Notice (Cap. 313 sub. leg.) China Ferry Terminal Boundaries Order (Cap. 313 sub. leg.) Import and Export Ordinance (Cap. 60) Export (Prescribed Articles) Regulations (Cap. 60 sub. leg.) Immigration (Anchorages and Landing Places) Order (Cap. 115 sub. leg.) Public Health and Municipal Services Ordinance (Cap. 132)
6.	Marine Insurance Ordinance (Cap. 329)
7.	Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap. 413) Merchant Shipping (Prevention of Oil Pollution) Regulations(Cap. 413 sub. leg.) Merchant Shipping (Control of Pollution by Noxious Liquid Substancesin Bulk) Regulations (Cap. 413 sub. leg.) Merchant Shipping (Reporting of Pollution Incidents) Regulations (Cap. 413 sub. leg.) Merchant Shipping (BCH Code) Regulations (Cap. 413 sub. leg.)Merchant Shipping (IBC Code) Regulations (Cap. 413 sub. leg.) Merchant Shipping (Safety) (Dangerous Goods and Marine Pollutants) Regulation (Cap. 413 sub. leg.) Merchant Shipping (Prevention and Control of Pollution) (Charges for Discharge of Polluting Waste) Regulation (Cap. 413 sub. leg.)
8.	Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap. 414)
9.	Merchant Shipping (Registration) Ordinance (Cap. 415) Merchant Shipping (Registration) (Ships' Names) Regulations(Cap. 415 sub. leg.) Merchant Shipping (Registration) (Tonnage) Regulations (Cap. 415 sub. leg.)
10.	Carriage of Goods by Sea Ordinance (Cap. 462) Carriage of Goods by Sea (Parties to Convention) Order 1985 (Cap. 462 sub. leg.)
11.	Merchant Shipping (Seafarers) Ordinance (Cap. 478) Merchant Shipping (Seafarers) (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulation (Cap. 478 sub. leg.) Merchant Shipping (Seafarers) (Conduct of Inquiries) Rules (Cap. 478 sub. leg.) Merchant Shipping (Seafarers) (Fees) Regulation (Cap. 478 sub. leg.)
12.	Nuclear Material (Liability for Carriage) Ordinance (Cap. 479)
13.	Merchant Shipping (Liner Conferences) Ordinance (Cap. 482)
14.	Merchant Shipping (Collision Damage Liability and Salvage) Ordinance (Cap. 508)

Annex B

Notes:

1 Section 52 of the Merchant Shipping Ordinance (Cap. 281) states that masters of the British mercantile marine or persons of nautical, engineering or other special skill are to be appointed by the Chief Executive to the Marine Court as assessors. After adaptation, masters of the Hong Kong mercantile marine are to be appointed.

2 In the following provisions, the term "Crown" is adapted to the "Government":

(a) In section 52(3) proviso of the Merchant Shipping Ordinance (Cap.281), it states that an officer of the "Crown" shall not receive remuneration for work done as an assessor.

(b) Rule 11A of the Merchant Shipping (Fees) Regulations (Cap. 281 sub. leg.) concerns forfeiture of examination fee to the "Crown".

(c) In sections 21(7), 33, 34(1) of the Shipping and Port Control Ordinance (Cap. 313); Regulation 17(4) of the Shipping and Port Control (Dwelling Vessels) Regulations (Cap. 313 sub. leg.) and Regulation 34 of the Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 313 sub. leg.) all references to the "Crown" concern forfeiture of property in law enforcement and are replaced by the "Government".

(d) Section 92(1) of the Marine Insurance Ordinance (Cap. 329) provides that money received under a contract by way of gambling on loss by maritime perils shall be forfeited to the Crown.

(e) Section 6(2) of the Merchant Shipping (Registration) Ordinance (Cap. 415) relates to the liability of the "Crown" in tort for the act or omission of the public officers.

The adaptation of the term "Crown" to the "Government" in the above contexts has been approved by previous Bills Committees on the Adaptation of Laws Bills.

3 Regulation 12(1) of the Merchant Shipping (Fees) Regulations (Cap. 281 sub. leg.) states that if a British Government department requests copies of any certificate referred to in these regulations, no fee shall be payable. The British Government department is now adapted to "a department of the Central People's Government".

4 See item 4, section K, Part II of the Schedule to the Merchant Shipping (Fees) Regulations (Cap. 281 sub. leg.).

5 Section 3(5)(vi) of the Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap. 413) states that the regulations shall apply to the "Crown". According to paragraph 5(e) of the LegCo Brief, and to be in line with section 7 of Schedule 9 of the Interpretation and General Clauses Ordinance (Cap. 1), such reference is replaced by the "State".

6 References to these United Kingdom Merchant Shipping Notices are found in some regulations such as in the Merchant Shipping (Prevention of Oil Pollution) Regulations (Cap. 413 sub. leg.) and Merchant Shipping (Safety) (Dangerous Goods and Marine Pollutants) Regulation (Cap. 413 sub. leg.) These Notices are now to be issued by the Director of Marine and are to come into operation on the day when this Bill is enacted into law. These Notices are given new reference numbers instead of the old British reference numbers.

7 Under Regulation 24(3)(c) of the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations (Cap. 413 sub. leg.), an INLS (an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk) and a HKNLS Certificate (a Hong Kong Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk) shall cease to be valid upon transfer of the ship to a non-British registry. After adaptation, these certificates shall cease to be valid upon transfer of the ship to a non-Hong Kong registry.