14 December, 2001 (Friday)

The Government will introduce a new set of rules on local vessels, namely the Merchant Shipping (Local Vessels) (Conduct of Inquiries) Rules ("LV(CI)R"), to increase the openness and transparency of procedures for the cancellation or suspension of certificates held by crew members working on board local vessels.

A Government spokesman said today (14 December), "The LV(CI)R are the third piece of subsidiary legislation made under the Merchant Shipping (Local Vessels) Ordinance ("the Ordinance") which was enacted in July 1999. The Ordinance has consolidated the provisions scattered in various laws into one piece of legislation for the administration of local vessels, making the legislation for local shipping more user-friendly."

"The LV(CI)R will set out the procedures for the conduct of inquiries into the fitness or conduct of Local Certificate of Competency (LCC) holders working on board local vessels. Such inquiries are provided for in the Ordinance," the spokesman said.

Currently, inquiry procedures are only provided in respect of seafarers serving on board ocean-going vessels under the Merchant Shipping (Seafarers) (Conduct of Inquiries) Rules ("S(CI)R"). No such procedures are available in respect of LCC holders. The Director of Marine is empowered under the Shipping and Port Control Ordinance to cancel or suspend a LCC at his own discretion.

"To improve the transparency of the investigations on LCC holders, the Ordinance has empowered the Chief Justice to make the rules according to which the inquiries into the fitness or conduct of LCC holders are to be conducted," the spokesman said.

"These rules will be prescribed in the new LV(CI)R, which will benchmark against the S(CI)R," he continued.

"The LV(CI)R will set out that the inquiry on a LCC holder is to be held in public; the notice of the inquiry must be served by the Director of Marine on the LCC holder; the person appointed by the Chief Justice to hold the inquiry shall be assisted by one or more assessors; the appointed person shall announce his decision in public at the end of the inquiry or as soon as possible thereafter; and this appointed person should make a report, which should be signed by each of the assessors with or without reservations, to the Director of Marine."

In October, the Legislative Council has already passed two regulations for the control of dwelling vessels and the use of ferry terminals by local vessels respectively under the Ordinance.

The LV(CI)R were gazetted today and will be tabled at the Legislative Council on 19 December.