The Merchant Shipping (Local Vessels) Bill, to be gazetted on Friday (March 19), will provide a new regulatory framework to regulate and control local vessels in order to improve marine safety, a Marine Department spokesman said today (Wednesday).
The Bill, which puts existing legislation scattered among different ordinances under a comprehensive body of legislation solely for local vessels, also contains other changes necessary to meet the modern day operational requirements of the local shipping industry.

In view of the rapid increase in marine traffic which could lead to increased risks of incidents, the spokesman said that the Bill proposed to extend the compulsory third party risk insurance requirement to all vessels permitted to operate in Hong Kong waters, including licensed vessels and river trade vessels.

"This proposal will ensure proper protection to passengers and operators sustaining injuries in marine accidents and is welcomed by the local shipping industry," he said.

On vessels classification system, which had become overly complex and ambiguous due to the evolution of vessel types and design, the Bill will consolidate the present 11 classes of local vessels defined under three sets of regulations into four new classes under one set of regulation.

In future, safety standards for each of the four new classes of vessels would be prescribed in the Bill in order to increase the transparency of the safety survey process, the spokesman said.

"These standards will be subject to review by a statutory committee and published in the form of regulations and Codes of Practice for guidance of industry and the public of safety requirements," he said.

"Under this new arrangement, vessel owners and operators will be required to assume responsibility and accountability for the day to day safe operation of their vessels," he stressed.

Referring to surveying arrangements, the spokesman said that Government surveyors would continue to perform mandatory periodic inspections of passenger vessels and dangerous goods carriers, while the Director of Marine would be empowered to delegate inspections of other vessels to authorised surveyors who would be subject to a system of monitoring.

"Owners will then have the choice of using Marine Department or authorised surveyors," he added.

To cope with the rapid increase in local marine traffic and in light of recent incidents, the Bill also proposes to extend the regulation of the stowage and securing of cargoes imposed on sea-going vessels to local vessels.

On vessel licensing, the Bill proposes a more effective vessel documentation system which includes the issue of a certificate of ownership for each vessel and the requirement for each vessel to have an operating licence or a laid-up permit.

"The existing vessel licensing system does not always provide for proof of ownership of a vessel, which can lead to difficulties in identifying the responsibility for breach of the law and of blame in the case of civil claims" the spokesman said, adding that the Bill would rectify this problem.

The Bill also seeks to streamline the complex and inflexible classification of Local Certificates of Competency for Master and Engineer, and to establish a disciplinary mechanism for certificate holders.

"As proposed in the Bill, the present 13 types of certificates will be simplified to eight, while a mechanism for conducting inquiries will be set up to ensure investigations are conducted in an open and fair manner," the spokesman said.

In order to provide transparency and solicit views of the local shipping industry on the general regulation and control of local vessels, he said that the Bill proposed to set up a Local Vessels Advisory Committee.

"The Committee is also tasked to advise the Director of Marine on matters related to the performance or exercise of his functions or powers under the Bill," he added.

The Bill will be introduced into the Legislative Council on March 31.

Wednesday, 17 March 1999