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Enactment of 12 maritime subsidiary legislation gazetted
Twelve subsidiary maritime legislative measures are gazetted today (Friday) and will be introduced into the Provisional Legislative Council on February 25.

They are: Merchant Shipping (Safety) (GMDSS Radio Installation) (Amendment) Regulation 1998; Merchant Shipping (Safety) (High Speed Craft) Regulation; Merchant Shipping (Seafarers) (Certification and Watchkeeping) (Amendment) Regulation 1998; Merchant Shipping (Seafarers) (Hours of Work) (Amendment) Regulation 1998; Merchant Shipping (Seafarers) (Navigational Watch Ratings) (Amendment) Regulation 1998; Merchant Shipping (Seafarers) (Engine Room Watch Ratings) (Amendment) Regulation 1998; Merchant Shipping (Seafarers) (Certification of Officers) (Amendment) Regulation 1998; Merchant Shipping (Seafarers) (Certificates of Proficiency in Survival Craft) (Amendment) Rules 1998; Merchant Shipping (Seafarers) (Tankers - Officers and Ratings) (Amendment) Regulation 1998; Merchant Shipping (Seafarers) (Safety Training) Regulation; Merchant Shipping (Seafarers) (Ro-Ro Passenger Ships - Training) Regulation; and Pilotage (Dues) (Amendment) Order 1998.

Except the Pilotage (Dues) (Amendment) Order 1998, the other 11 regulations aim to support the decision of the International Maritime Organisation (IMO) in strengthening maritime safety and ship construction as well as safe operation of ships.

The Merchant Shipping (Safety) (GMDSS Radio Installations) (Amendment) Regulation 1998 gives effect to the changes of the title of the Organisation from the "International Maritime Satellite Organisation (INMARSAT)" to "International Mobile Satellite Organisation (Inmarsat)".

It also requires Hong Kong registered passenger ships on international voyages and any other passenger ships engaged on international voyages while it is within the waters of Hong Kong to comply with the new amendments made to International Convention for the Safety of Life at Sea 1974 and its 1978 Protocol (SOLAS).

These SOLAS amendments feature an addition of the requirements for the distress alert receiving and initiating equipment installed on board passenger ships and the ship's position information should be included in the initial distress alert; an addition of the requirements for passenger ships to be provided with means for two-way on-scene radiocommunication for search and rescue purposes; and the assigning of at least one qualified radio personnel to perform only radiocommunication duties during a distress incident.

Meanwhile, the Merchant Shipping (Safety) (High Speed Craft) Regulation aims to implement the High Speed Craft (HSC) Code and stipulates the requirements on design and construction of high speed craft engaged in international voyages and in voyages from Hong Kong to ports outside Hong Kong, the equipment to be provided and conditions for their operation and maintenance.

Under the regulation, all Hong Kong registered high speed craft, irrespective of their date of construction, will be surveyed and issued with a High Speed Craft Safety Certificate and a Permit to Operate High Speed Craft in accordance with the requirements of the HSC Code.

The regulation also applies to other Convention high speed craft while they are within the waters of Hong Kong.

As for the Merchant Shipping (Seafarers) Ordinance, nine rules and regulations need to be made under the ordinance to give effect to the 1995 amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 (the Convention) which set out international standards on such aspects widely-applied to seafarers on ships engaged in international trade.

The Convention which is applicable to seafarers on Hong Kong registered ships underwent a comprehensive revision by the IMO. The amendments were adopted in 1995 to the Convention which came into effect internationally on February 1 last year.

The revision was to attain uniform international implementation of minimum standards of competency and training for seafarers.

Failure to comply with the 1995 amendments would be prejudicial to the safety of seafarers, shipping and the prevention of marine pollution, and also inevitably result in difficulties for Hong Kong ships and seafarers when faced with inspection in foreign ports as provided for under the Convention.

By amending the subsidiary legislation of the ordinance and by making two new regulations under the ordinance, Hong Kong is enabled to fulfil an international obligation to give effect to the 1995 amendments to the Convention.

The Pilotage (Dues) (Amendments) Order 1998 is intended to come into operation on April 1 this year.

The major revision is that the minimum pilotage due as well as the fee for cancelling an engagement of a pilot within one hour of the requested time will be revised from $3,330 to $3,500 while the additional due charged for gross registered tonnage will remain the same at 6.5 cents per ton.

In addition, the additional pilotage due for the detention of a pilot will be $900 per half an hour for the first hour, $900 for the second hour and $950 per hour for any further period of detention.



Friday, 20 February 1998