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LCQ19: Regulation of pleasure vessels
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     Following is a question by the Hon Miriam Lau Kin-yee and a written reply by the Secretary for Transport and Housing, Ms Eva Cheng, at the Legislative Council meeting today (July 7):

Question:

     According to the relevant rules made by the Director of Marine under the Merchant Shipping (Local Vessels) Ordinance (Cap.548), any person who wishes to operate within Hong Kong waters a pleasure vessel with an overall length exceeding 15 metres must pass the examination for Pleasure Vessel Operator Grade 2 Certificate. Some members of the public have relayed to me that as the examination for the certificate is conducted in written or oral form only and it is not compulsory for the candidates to undergo practical operating skills tests, the operation of jet-skis and speedboats for water-skiing, etc. which are equipped with powerful engines and can travel at high speed, by persons who only hold the certificate may easily cause accidents with serious consequences. In this connection, will the Government inform this Council:

(a)  of the numbers of accidents involving various types of pleasure vessels according to the reports received by the authorities in the past five years and, among them, the casualties involved, years of operating experience of operators of the vessels involved in the accidents and the types of certificates they held;

(b)  of the justifications for not making it compulsory for applicants of Pleasure Vessel Operator Certificate (irrespective of Grade 2 or 1) to undergo practical operating skills tests; whether it has assessed which party should be held responsible in the event that an accident occur because the vessel operator who holds a valid certificate does not have practical operating experience, and if the aforesaid forms of examination are similar to those in other regions;

(c)  whether the authorities will consider amending the examination rules for Pleasure Vessel Operator Certificate to require the applicants to undergo specified hours of practical operating skills training and pass the skills examination, in addition to written and oral examinations, before they are issued the relevant certificates, so as to enhance safety at sea; if so, of the specific timetable; if not, the reasons for that; and

(d)  given the popularity of water sports in Hong Kong in recent years, particularly jet-skis and speedboats for water-skiing which are equipped with powerful engines and can travel at high speed but the persons who operate such vessels are only required to hold Pleasure Vessel Operator Grade 2 Certificate, whether the authorities will consider adding a restriction in such certificate on the engine power or speed of the vessels which holders of the certificate are permitted to operate, so as to enhance safety at sea; if so, of the details; if not, the reasons for that?

Reply:

President,

     The Marine Department (MD) is responsible for maritime navigational matters and the safety standards of all classes and types of vessels in Hong Kong to ensure compliance with international and local safety standards by vessels licensed in Hong Kong and using Hong Kong waters. My reply to the questions on operational safety and related matters of pleasure vessels in Hong Kong is as follows:

(a)  From 2005 to 2009, there were in total 103 accidents (on average 20.6 accidents a year) involving mechanical pleasure vessels in operation, causing two dead and 26 injured. The accident in which two died in 2005 was caused by a lack of proper look-out, speeding and failure to display navigation light during night navigation.  Both pleasure vessel operators involved had held a certificate for operation for over eight years.

     A breakdown of the accidents involving the mechanical pleasure vessels in operation as recorded by the MD from 2005 to 2009 is at Table 1.

     Of the 124 operators involved in the above accidents, 63 held Pleasure Vessel Operator (PVO) Grade 2 Certificate, while the remaining 61, PVO Grade 1 Certificate. Only six PVO Grade 2 Certificate holders in six of the accidents had held the certificates for less than a year. On average the rest had held their PVO certificates for eight years. The years of experience and types of certificate held by the operators is at Table 2.

(b)  The Merchant Shipping (Local Vessels) Ordinance (the Ordinance) (Cap.548) provides for the making of rules for the certificates of competency examination for pleasure vessel operators, and the requirements of the examinations are listed in the rules. The current mode of examination adopted in Hong Kong is similar to that in Canada and Australia. The MD had consulted the industry and obtained their endorsement in drawing up the requirements.

     To protect all other persons and property involved in an accident, Section 23C(1) of the Ordinance requires the owner, charterer or coxswain of any pleasure vessel to be insured against third party risks when using the vessel in the waters of Hong Kong.  Similar to the third party risk insurance for motor vehicles, the insurance policy will not cover any vessel operator and crew of the party at fault but will cover any other person on board the vessel and any of the injured party and their property.

(c)  The current examination system of the PVO certificates has been in effective use for many years. It is similar to that of some overseas countries and has been endorsed by the industry. Besides, as most of the accidents involving pleasure vessels over the past five years were minor ones and there was no indication that they were caused by the incompetence of the vessel operators, the current system which does not make it compulsory for applicants for PVO certificates to undergo practical operating skills tests can continue to be in use. Having said that, the Administration will review the arrangements from time to time.

(d)  The PVO certificates do not stipulate the permitted power of vessels or any speed limit. However, the MD has issued guidelines to the public and promulgated speed restricted zones in Hong Kong waters, including the Victoria Harbour and popular bays, such as the Deep Water Bay on Hong Kong Island and Pak Sha Wan in Sai Kung, stipulating that all boaters (including pleasure vessel operators) must observe the relevant speed limits. Furthermore, all boaters (including pleasure vessel operators) must also comply with the International Regulations for Preventing Collision at Sea and navigate at a safe speed having regard to marine traffic and changes in weather conditions.

     Given that most of the accidents involving pleasure vessels happened in popular water sports areas, apart from issuing public guidelines in the form of a notice to stipulate the speed limits for pleasure vessel operators in these areas, the MD has, in collaboration with the Marine Police, stepped up patrol in speed restriction zones, popular bays and water sports areas to prevent accidents. In addition, the MD has jointly organised water safety campaigns with the Hong Kong Police Force and the Leisure and Cultural Services Department to raise the public's awareness of water sports safety through television announcements of public interest and talks.

Ends/Wednesday, July 7, 2010
Issued at HKT 13:05

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