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Bill to localise Maritime Conventions Act 1911
The Government will introduce the Merchant Shipping (Collision Damage Liability and Salvage) Bill to localise the provisions of the Maritime Conventions Act 1911, a spokesman for the Marine Department said today (Wednesday).
The Act deals with the International Convention for the Unification of Certain Rules of Law with Respect to Collisions between Vessels, 1910.

The Merchant Shipping (Collision Damage Liability and Salvage) Bill also replaces those provisions relating to the International Convention for the Unification of Certain Rules of Law relating to Assistance and Salvage at Sea, 1910 with new provisions which give effect to the International Convention on Salvage, 1989.

The Maritime Conventions Act, 1911 which implements the 1910 Collision Convention and the 1910 Salvage Convention in the United Kingdom also extends to Hong Kong.

In June 1994, the British and Chinese sides reached an agreement that the two Conventions should continue to apply to Hong Kong after June 30, 1997.

However, the 1910 Salvage Convention was replaced by the 1989 Salvage Convention which was adopted under the aegis of the International Maritime Organisation and has come into force internationally on July 14, 1996.

It was also agreed that the 1989 Salvage Convention should apply to Hong Kong and should continue to apply after June 30, 1997.

The spokesman said : "The 1910 Collision Convention sets out the maritime rules regarding division of loss and contribution. It deals with the apportionment of liability or fault for loss to vessels, their cargo and freight as well as the liability for injuries to persons on board, arising from collisions at sea."

The 1989 Salvage Convention on one hand retains the 'no cure, no pay' basic principle of the 1910 Salvage Convention.

"It seeks to remedy the deficiency of the 1910 Salvage Convention by providing exceptions in cases where salvors fail to salve the ship and cargo but help to prevent or minimise damage to the environment."

The new Convention allows for special compensation to be paid to salvors.

The Bill will be published in the Gazette on April 4 and be tabled at the Legislative Council for first and second readings on April 9.



Wednesday, April 2, 1997