7 July, 2001 (Saturday)

The Government will shortly introduce into the Legislative Council two new Regulations, namely the Merchant Shipping (Local Vessels) (Dwelling Vessels) Regulation and the Merchant Shipping (Local Vessels) (Ferry Terminals) Regulation.

A Government spokesman said today (July 7):"The Regulations are the first two pieces of subsidiary legislation made under the Merchant Shipping (Local Vessels) Ordinance enacted in the middle of 1999. The Ordinance consolidates provisions scattered in various laws for the administration of local vessels, thus making the legislation for local vessels more user friendly."

"The new Regulations stipulate the requirements on two areas of control respectively, i.e. dwelling vessels and the use of ferry terminals by local vessels."

"The new Dwelling Vessels Regulation put together the provisions in the Shipping and Port Control (Dwelling Vessels) Regulations and the Shipping and Port Control (Closed Areas) (Consolidation) Order under one single regulation; whereas the new Ferry Terminals Regulation reproduces the provisions applicable to local vessels in the Shipping and Port Control (Ferry Terminals) Regulations in relation to the use of the Hong Kong-Macau Ferry Terminal and the China Ferry Terminal. Those provisions will only apply to non-local vessels, i.e. sea-going vessels, when the entire legislative regime under the Merchant Shipping (Local Vessels) Ordinance commences.

"In addition to the requirements in force, the new Dwelling Vessels Regulation makes the system for the detention of dwelling vessels more transparent and fairer to the vessel owners. It requires the Director to issue a notice of detention, which is presently unnecessary, as soon as practicable after he has detained a dwelling vessel. The Director is also required to specify in the notice the actions by which claims can be made for the detained vessel and the property on board. The existing Shipping and Port Control (Dwelling Vessels) Regulations lack of such provision and empower the Director to proceed directly after the detention to the sale of the vessel or forfeiture of the property on board," he explained.

The new Dwelling Vessels Regulation also introduces a new mechanism for the aggrieved to make appeals to the Administrative Appeals Board against the decisions of the Director of Marine made under this Regulation.

The two Regulations were published in Gazette yesterday (July 6) and will be tabled at the Legislative Council on July 11.