IMPERIAL ENACTMENTS EXTENSION ORDINANCE, 1857

No. 1 of 1857.

An Ordinance for extending to this Colony certain
enactments of the Imperial Parliament.
[14th February, 1857.]

1. This Ordinance may be cited as the Imperial Enactments
Extension Ordinance, 1857.

2. The enactments of the Imperial Parliament specified
int the Schedule are hereby estended to this Colony and to
the Supreme Court, with such exceptions as are specified in
the said Schedule.

3. Rights acquired, liabilities incurred, and acts done at
or before the commencement of this Ordinance shall not be
affected by the said enactments or any of them.

SCHEDULE. [s.2.]



As amended by Law Rev. Ord., 1923.
As amended by Law Am. Ord., 1923.
19 and 20 Vict, c. 64 rep. status Law Revision Act, 1875; 19 and 20 Vict. c. 94
rep. Statute Law Revision Act, 1892; 19 and 20 Vict. c. 120 rep. 40 and Vict. c. 18
[Originally No. 3 of 1857. Law Rev. Ord., 1924.] Short title. Extension of certain Acts to the Colony. Schedule. Saving as to rights, etc., acquired.

[Originally No. 3 of 1857. Law Rev. Ord., 1924.] Short title. Extension of certain Acts to the Colony. Schedule. Saving as to rights, etc., acquired.

https://oelawhk.lib.hku.hk/items/show/1062

CHINESE WILLS VALIDATION ORDINANCE, 1856

No. 1 of 1856.

An Ordinance relating to wills made by Chinese people.

[5th March, 1856.]

WHEREAS the laws relating to wills and testamentary writings
prescribe certain formalities tourching, the signing, acknowledging,
and attesting thereof, and for avoiding all wills and testamentary,
writings signed, acknowledged, or attested in any other manner;
AND WHEIREAS the provisions of the said laws in that behalf, if
enforeed, will tend to the avoidance of all wills and testamentary
writing made in the Chinese manner:-

1. This Orditiance may be cited as the Chinese Wills
Validation Ordinance, 1.856.

2 Aby written will or testanientar writing made or
acknowledged by a Chinese testator (whether a native of or
'domiciled in. this Colony or China) shall, if the, same is
proved to have been made or acknowledged and authenticat-
ed' according to the Chinese law., or usages, so as to be
effectual for the transmission of property according to such
lawss or ussges, be deemed and taken to be lawfully made
and acknowledged, and to have the same virtue and effect,
.'if the'same had been made ' and acknowledged according
,the laws lit force in. this Colony.
As amended by Law Rev. Ord., 1923.

3. This Ordinance shall not affect or apply to any judg-
metn or decree heretofore made by any court, or affect any
right heretofore acquired under and by reason of the laws in
force relating to wills or testamentary writings at teh com-
mencement of this Ordinance.

[Originally No. 4 of 1856. Law Rev. Ord., 1924.] Short title. Validation of Chinese wills made according to Chinese law. Saving as to past decisions.

[Originally No. 4 of 1856. Law Rev. Ord., 1924.] Short title. Validation of Chinese wills made according to Chinese law. Saving as to past decisions.

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ALIENS (RIGHTS OF PROPERTY) ORDINANCE, 1853

No. 1 of 1853.
An Ordinance for the removal of doubts regarding the right
of aliens to hold and transfer property within this Colony.

[17th Nov., 1853.]

WHEREAs doubts have arisen regarding the right of aliens to hold
and transfer property within this Colony:-
BE IT THEREFORE ENACTED by the Governor of Hongkong with the
advice of the Legislative Council thereof in pursuance of the Act
of Parliament 10 and 11 Victoria, chapter 83, entitled An Act for
the Naturalization of Aliens , and the power inherent in the said
Governor and Council, as follows:-

1. This, Ordinance may be cited as the Aliens (Rights of
Property) Ordinance, 1853.

As amended by Law Rev. Ord., 1923.
10 and 11 Vict. c. 83 rep. 33 and 34 Vict. c. 14, s. 18: see 2No. 31 of 1911, s, 15.

2. It shall be lawful for any alien, and he is hereby de-
clared entitled, by grant, conveyance, lease, assignment, or
bequest or otherwise, to take, acquire, hold, and possess any
lands or other immovable property situated in this Colony
and the said lands, or other property as aforesaid to sell,
transfer, assign, or bequeath to any other person as fully
and effectually to all intents. and purposes, and with the
same rights, remedies, exemptions, and privileges, as if he,
were a natural-born subject of His majesty residing in this
Colony.

3. Every such grant, conveyance, lease, assignment,
bequest, sale, transfer, or other act heretofore made or done
by or with any such alien shall be deemed in law as valid
and effectual as if it had been made or done by with any
natural-born British subject.
[Originally No. 2 of 1853. Law Rev. Ord., 1924.] Short title. Right of alien to acquire immovable property like natural-born subject. Validation of acts done by aliens.

[Originally No. 2 of 1853. Law Rev. Ord., 1924.] Short title. Right of alien to acquire immovable property like natural-born subject. Validation of acts done by aliens.

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SUPPRESSION OF DESERTION ORDINANCE, 1852

No. l of 1852.

An Ordinance to increase the powers of magistrates as
regards publicans, boarding-house keepers, and others,
with the view of suppressing desertion in His Majesty's
forces, naval and military.
[l8th May, 1852.]
WHEREAS the offence of desertion from His Majesty's forces, naval and
military, serving in this Colony, has of late considerably increased;
AND WHEREAS such offence has heretofore had inception in, and
facility of commission from, public and boarding-houses and other
places:-

1. This Ordinance may be cited as the Suppression of
Desertion Ordinance, 1852.

2. In this Ordinance, sailor shall be deemed to extend
to every person serving for the time being in any ship then
under the orders of the Commander-in-Chief of His Majesty's
Ships and vessels employed on the China Station.

3. Any publican or keeper of a boarding-house, or any
other person whatsoever, who-

(1) by words or by any other means whatsoever, directly
or. indirectly procures any soldier, sailor, or marine to desert
or

(2) by words or by any other means whatsoever, attempts
or persuade, any soldier, sailor, or marine to



As. amended by Law Rev. Ord., 1923.

(3) knowing that any soldier, sailor, or marine is about to
desert, aids or assists him in deserting; or
(4) knowing any soldier, sailor, or marine, to be a deserter,
conceals such deserter, or aids or assists such deserter in
concealing himself,
shall be guilty of a misdemeanor, and shall upoll summary
conviction be liable to a fine not exceeding, one thousand
dollars.

4. A portion not exceeding one-half of every such fine
shall be payable to the person by whose information or
evidence the conviction of such offender is made.

5. Any publican or keeper of a boarding-house who is
convicted of any one or more of the above-mentioned offences
shall, in addition to the penalty above provided,
forfeit any licence then held by him as a publican or
boarding-house keeper, and he shall be and is hereby
declared incapable of holding thereafter any licence as such
publican or boarding-house keeper.

6. Nothing in this Ordinance shall prevent, a magistrate
acting under this Ordinance from sending any case arising
out of any of the said offences for trial to the Supreme Court,
which be may consider sbould be investigated there.
[Originally No. 2 of 1852. Law Rev. Ord., 1924.] Short title. Interpretation. Penalty on publican or boarding-house keeper inducing soldier or sailor to desert. Portion of penalty payable to informer. Forfeiture of licence on conviction. Case may be referred to Supreme Court.

[Originally No. 2 of 1852. Law Rev. Ord., 1924.] Short title. Interpretation. Penalty on publican or boarding-house keeper inducing soldier or sailor to desert. Portion of penalty payable to informer. Forfeiture of licence on conviction. Case may be referred to Supreme Court.

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CHINESE PERSONS (CIVIL PROCEEDINGS) ORDINANCE, 1851

No. 1 of 1851.

An Ordinance to regulate the jurisdiction of the civil
courts in certain cases.

[5th April, 1851.]


WHEREAS, from the vicinity of this Colony to the dominions of China,
it is of frequent occurrence that Chinese persons visiting the
Colony for a limited time and for the purposes of trade implead
and cause each other to be arrested for causes of action arising
within the said dominions: AND WHEREAS such proceedings are not
only inconvenient from the difficulty of procuring porper evidence
and for other reason,s but are frequently restoreed to for the purpose
of extortion, and likewise tend to the injury of traffic within
the Colony:-

1. This Ordinance may be cited as the Chinese Persons
(Civil Proceedings) Ordinances, 1851.

2. No court within the Colony shall have or exercise
jurisdiction in any civil proceeding as between Chinese
persons born wthin the dominions of China where the cause
of action has originated out of the Colony, unless the defen-
dant has been a resident therein for six consecutive months


* As amended by Law Rev. Ord., 1923.


prior to the time of commencing any action, suit, or proceed-
ing grounded on such cause of action: `Provided always that
it shall be lawful for any such court to have and exercise
jurisdiction in any such civil proceeding if only,it is made
to appear, to the satisfaction of the judge, that such jurisdic-
tion may be had and exercised' without the mischief con-
templated by this Ordinance.
[Originally No. 2 of 1851. Law Rev. Ord., 1924.] Short title. Prohibition of civil proceedings between Chinese person, except in certain cases.

[Originally No. 2 of 1851. Law Rev. Ord., 1924.] Short title. Prohibition of civil proceedings between Chinese person, except in certain cases.

https://oelawhk.lib.hku.hk/items/show/1058

SUMMARY OFFENCES ORDINANCE, 1845

NO. 1 of 1845.

An Ordinance to make provision for the preservation of
good order and cleanliness and the prevention of nuisances.
[26th Dec, 1845.]

1. This Ordinance may cited as the Summary Offences
Ordinance; 1845.

2. In this Ordinance.

(a) Lawful authority extends to and denotes any per-
mission which may be lawfully given by a public officer or
department or by a private person.

(b) Where no specific description is given of the owner-
ship of any property, the word property shall be taken to
apply to all such property of the kinds specified, whether
owned by the Crown, by a public departmenbt, or by a
private person.

(c) Public officer or, Public department, extends to
and includes the Governor and every officer or department
invested with or performing duties of a public nature,
wherether under the immediate control of the Governor or not.

(d) Public place includes all piers, thoroughfares,
streets, roads, lanes, alleys, courts, squares, archways,
passages, paths, ways and places to which the public the same
are the propety of the Crown or of private persons.

Nuisances, trespasses, and similar offences.

3. Every person shall be liable to a fine not exceeding
two hundred and fifty dolars who commits any of the
following offinces :-

(1) throws or lays, or causes or knowingly permits to be
thrown or laid, any carrion, dirt, soil, straw, or dung, or
any other filth, rubbish, or noisome or ofensive matter what-
soever, on any public place, or on any Government property





unless, with the consent if a public officer, or on any private
property unless with the consent of the owner and of the
occupier (if any) of such private property, or into any well,
stream, or watercourse, ford, or reservoir for water, or any
drain or sewer; or permits or suffers any such noisome or
offensive substance as aforsaid exposed in any
drain, sewer, or elsewhere, or in the immediate
neighbourhood of his house; or allows any accumulation of
filth or offensive substances within the premises occupied
by him to the, annoyance of the or passengers;
or in any manner defiles or pollutes any well, stream, or
watercourse used by any of the inabitants of the Colony, or
for the supplying with water of ships resorting thereto; or.

(2) commits any nuisance in the neighbourhood of nay
house or public place; or


(3) without lawful authority sets out or leaves, or causes
to be set out or left, any matter or thing which outside of any
incommodes, or endangers, or may obstruct, incommode, or
endanger, any person or carriage in any public place; or

(4) exposes anything for sale in or upon, or so as to hang
over, any carriage-way or footway, or on the outside of any
house or ship; or sets up or continues any pole, blind, awn-
ing, line, or other projection from an window, parapet, or
other, part of any house; shop, or othe building so as to
cause. any annyoyance or obstruction in any public place; or

(5) encroaches on any public place or Crown land by
erecting any building, either on or projecting over the same,
or construts any spout which projects the rain-water there-
on; or

(6), being the occupier or owner of any house, building, or
other erection, neglects to repair or remove the same when
in a ruinous oy unsafe, state,, and when it endangers or may
endanger the assengers in any public place; or


(7) rides or drives on any foot-path without obvious
necessity; or rides or drives in a furious manner, or so as to
endanger the life or limb of any person, or to the common
danger of the passengers in any public palce; or, when pass-
ing or meeting another horse or carrigage, does not keep to
the customary side of the road; or

(8) leads or rides any horse or other animal, or draws or
drives any cart, carriage, sledge, truck, or barrow, upon any








footway; or fastens any horse or other animal so that it can
stand across or upon any footway; or turns loose any horse
or cattle upon or into any public place; or

(9) in any public place, to the annoyance of the inhabit-
ants or passnegers, kills or slaughters, or exposes for show
or slae (except in a market lawfully appointed for that
prupose), or feeds or fodders, any horse or other animal; or
shoes, bleeds, or farries any horse or any animal (except in
case of accident); or turns loose, cleans, dresses, exercises,
trains, or breaks any horse or other animal; or cleans, makes,
or repairs any part of any cart or carriage, except in case of
accident, where repair on the spot is necessary; or

(10) keeps any dog accustomed to annoy passengers by
barking or otherwise; or suffers to be at large any unmuzzl-
ed ferocious dog or other animal belonging to him; or sets
on or urges any dog or other animal to attack, worry, or put
on fear any person, horse, or other animal; or

(11) upon any public footway, rolls or carries any barrel,
cask, butt, or other thing calculated to annoy or incommode
the passengers thereon, except for the purposes of housing
it or of loading any cart or carriage on the other side of the
footway; or

(12) in, near, or adjoining any public place wantonly or
unnecessarily blows nay horn, beats any gong or drum, or
makes any other noise calculated to annoy or alarm any
person or to frighten any horse or other animal; or

(13) wantonly or negligently discharge any firearm, or
throws or discharges any stone or other missile, or makes any
bonfire, or throws or sets fire to any firework, to the damage
or dange of any person; or

(14) wilfully and wantonly disturbs any inhabitant by
pulling or ringing any door-bell, or by knocking or striking
at any door without lawful excuse; or wilfully and unlawfully
extinguishes the light of any lamp; or

(15) plays at any game or pastime ot the annoyance of the
inhabitants or passengers; or

(16) plays at any game or loiters in any public place, so as
to obstruct the same or create a noisy assembly therein; or


* See No. 10 of 1886, Second Schedule.




























(17) lewdly and indecently exposes his person by bathing
or otherwise near any public place or dwelling-house; or

(18) uses, exercises or follows in or upon any premises, or
any part of any premises, held under a lease from the Crown
in breach of any covenant contained in such lease, the trade
or business, of a brazier, slaugterman, soapmaker, sugar-
baker, fellmonger, melter of tallow oilman, butcher, distiller,
victualler or tavern-keeper, blacksmith, nightman, scavenger'
or any other. noisy, noisome, offensive trade or business
whatever, without the previous licence, of His Majesty, signi-
fied in writing by the Govenior or other person duly author-
ised.in that -behalf; or

(19) wilfully or negligently in or near any public place
drops or allows to fall a bullding material or other thing
to the damage or danger of any person; or

(20) without lawful authority forms any trench, opening
or other obstruction in any public place, or falls to fence off
and properly watch and light any trench, opening or other
obstruction in any public, place; or

(21) without lawful authority rakes or picks over any
refuse deposited in or upoh any public place, vacant land or
refuse deposited, or in any dust bin, dust box, dust basket or
dust cart standing in or upon any public place, vacant land
or refuse depot, or removes any portion of any refues so
deposited; or

(22) keeps any animal or bird which is a source of
annoyance to any inhabitant or passenger by reason of any
noise made by such animal or bird.

4. Every person shall be liable to a fine not exceeding
two hundred and fifty dollars who, in any public place, or in
any place adjacent thereto, contrary to any regulations made
by the Governor in Council, rought-dresses or causes to be
rough-dressed granite or any other stone whatever for the
erecton of any building or for any other purpose.

5. Every person shall be liable to a fine not exceeding
twenty-five dollars who uses or uttes cries for the purpose
of buying or selling any articel whatsoever, or who makes
any noise whatsoever with the object of disposing of or
attracting attentio to his goods, wares, or trade, within any


* As amended by No. 6 of 1918.






district or place not permitted by regulation of the Governor
in Council .

6. Every person shall be liable to a fine not exceeding
two hundred and fifty dollars who commits any of the
following offences:-

(1) erects any shed or house of matting or other inflammable
material, so as incase of fire to endanger any neighbouring
building; or

(2) without the consent of the owner or occupier, affixes
any poster or other paper against or upon any building, wall
fence, or paling; or writes upon, soils, defaces, or marks
any building, wall, fence, or paling with chalk or paint, or
in any other way whatsoever; or wilfully breaks, destroys,
or damages any part of any building, wall, fence, or paling
or any fixture or appendage thereof; or

[(3), rep. No. 45 of 1902.]

(4) neglects to affix to his house, and keep alight during
the night, such lamp or lantern as may be required and
approved of by the Captain Superintendent of Police; or

(5) keeps a house or other building for the occupation or
resort of public prostitutes, to the annyoyance of any person
inhabiting or residing near thereto; or

(6) assembles together with other persons in the night-time
without lawful excuse; or, seeing any such illegal assemblage,
or knowing or having reason to suspect that such assemblage
has taken place or is about to take place, does not give
immediate notice thereof to the nearest police station or to
some police constable; or

(7) being employed as a private guard or watchman,
sleeps on his post, or is negligent, remiss, or cowardly in the
execution of his duty; or

(8) wantonly or cruelly ill-uses any animal or bird, domestic
or otherwise.

7.-(1) It shall be lawful for any police constable to take
into custody without warrant any person who has committed
within his view any offence mentioned in sectins 3, 4, 5, or


* As amended by No. 6 of 1918.
+ As amended by Law Rev. Ord., 1923.










6, or, such offence has not been committed withing view of
such constable, then on the complaint of any person who has
been injured or annoyed by, or been witness to, the commission
of such offence.

(2) In the absence of any such constable, it shall be lawful
for any peson so injured or annoyed, or who has seen the
offence committed, to seize and detain the offender until he
can be given into the custody of a police constable, or until
he can be taken before a magistrate.

8. The offences next hereinafter specified shall be deemed
to be nuisances within tthe meaning of all laws at any time in
force for the better repression of nuisances, save that the
court or magistrate before whom any person is found guilty
of any such offence, in lieu of all other punishment for the
same, shall order him for every such offence to pay a fine
not exceeding two hundred and fifty dollars; that is to say,-

(1) felling, cutting, destroying, or injuring any standing
or growing tree, shrub, or underwood, any grass-sod or turf,
or any fence or portion thereof (except in any case where
any such offence is proved to have been committed with a
felonious intention);

(2) doing any act wheeby injruy or obstruction, whether
directly or consequentially, may accrue to a public road,
path, or walk, or to the shore of the sea, or to navigation,
mooring, or anchorage, transit, or traffic;

(3) trespassing, by man or beast, upon or in any messuage,
tenement, cemetery, or land vested in or under the control or
management of any public officer or department whatsoever;

(4) obeying any call of nature on any way or in any public
exposed or other improper place, to the annoyance of other
persons; and

(5) depositing any earth, stones or building rubbish or
other materials on Crown land without a permit from the
Director of Public Works.

9.-(1) No private person shall occupy or erect any build-
ing or other thing whatsoever upon land not being under
lease from the Crown, without the licence of the Director of
Public Works.

As amended by No. 6 of 1918.
As amended by Law Rev. Ord., 1923.









(2) In this section building includes any shop, outhouse,
shed, or roof.

10. Mehdicancy in the public highways or street is here-
by forbidden.

11. Every person who violates, disobeys, or fails to comply
with any of the provisions-


(a) of section 9, shall a fine not exceeding fifty
dollars, besides the expenses of removing the building or
thing occupied or erected;

(b) of section 10, shall be liable to a fine not exceeding
five dollars.

11A.-(1) Every female who tein in any public place, or
being on any verandah or at any window or doorway over or
opening on to any public place, solicits persons for the pur-
pose of prostitution shall be liable to fine not exceeding fifty
dollars.

(2) It shall be lawful for any constable to take into custody
without warrant any female whom he shall find in any public
place offending against the provisions of this section.

(1) No person shall utter any shouts or cries or make
other noises while playing the game known as 'Chai-Mui
within the hours prescribed for any district or place by
regulation of the Governor in Council.

(2) Every person Who contravenes the provisions of this
section shall be liable to a fine exceeding ten dollars:
Provided, that where such contravention takes place in any
brothel, restaurant or common lodging-house, the keeper
mistress, or other person, having or appearing to have the
care or management thereof, either alone or with others, shall
be liable to the same-penalty.

13.- (1) No person shall, between sunset and the hour of
six in the follwoing morning, make or cause or permit to be
made or caused any noise whatsoever calculated to disturb
or interfere with the public tranquillity or calculated to
disturb or annoy any person.


As amended by No. 6 of J918 and Law Am. Ord., 1923.
As amended by No. 1 of 1913 and Law Am. Ord., 1923.





(2). Any person who shall contravene any of the provisions
of this section shall be guilty of an offence and shall be liable
to a fine not exceeding one huddred dollars or in default of
payment thereof to imprisonnient for any term not exceeding
three months.

(3) This section shall apply only such districts as the
Governor in Council may direct by notification in the, Gazette.

14. If it appears to the magistrate that the person so
offending acted as watchman or servant of the proprietor or
occupier,of any dwellilig-house, warehouse, or other out-house,
office, or premises, or of the inhabitant or person in charge
thereof, or by or with the direction, knowledge, sanction,
sufferance, or permission of suchietor or occapier or of
such inhabitant or person in charge as aforesaid, it shall be
lawful, for the magistrate to dismiss the charge as against
the watchman or servant or person acting as such and to
summon forthwith before him the proprietor or occupier, or
inhabitant or person in charge aforesaid, and being satisfied
that he did so direct, sanction, suffer, or permit the making
of the said noise, to impose a fine on such proprietor or
occupier, or inhabitant or person in charge aforesaid, not
exceeding one hundred dollars.

15. When any such noise as foresald is made in orpon
any dwellilig-house or premiss, if it is impractleable or
difficult to apprehend, discover, or identify the person so
making it, it, shall be lawful for the magistrate, on informa-
tion thereof, to summon, before him the proprietor or
occupier, or inhabitant, or person in charge, of such
dwelling-house or premises, and if it appears that such noise
was made by the direction or with the knowledge, sanction,
sufferance, or permission of the proprietor, occupier, inhabit-
ant, or person in charge, to impose on him a fine not, exceed-
ing one hundred dollars.

16.-(1) It shall be law, for any police constable to
destroy any dog or other animal reasonably suspected to be
in a rabid state, or which has been bitten by any dog or
animal reasonbly suspected to be in a rabid state.

See G. N. No. 41 of 1913.
As amended by No. 6 of 191





(2) The owner of any such do, or animal who permits the
same to go at large, after having information or reasonable
ground for believing it to be in a rabid state, or to have
been bitten by a dog or other animal in a rabid state, shall
be liable to a fine not exceeding two hundred and fifty
dollars or to imprisonment for any term not, exceeding three
months.

(3) It shall be lawfid for any police constable to destroy
any dog which is found straying or wandering about during
the day-time without any owner and not wearing either a
collar with the name and residence of the owner inscribed
thereon or a current licence badge; and any such constable
is hereby further authorised to destroy any dog which is found
staying or wandering about between the hours of 10 p.m.
and 5 a.m.

17.-(1) if it appears to a magistrate on complaint that
any dog is dangerous and is not kept under proper control
the magistrate may make an order that the said dog, be
either destroyed or kept under proper control.

(2) Such order may be made either against the owner or
against the person appearing to have the custody of the dog.

(3) If the person against whom the order is made fails to
comply therewith he shall be liable to a penalty not exceed-
ing ten dollars for every day on which he fails to comply
therewith.

18. No person, other than a person acting in obedience to
lawful authority, shall discharge ny cannon or other firearm
of greater calibre than a common fowling-piece within three
hundred yards of any dwelling-house to the annoyance of
any inhabitant thereof; and every person who, after being
warned of the annovarice by any inhabitant, so discharges
any such firearm, shall be liable to a fine not exceeding one.
hundred dollars.

19. Every person who within the Colony or in the harbour
or Waters thereof commits any of the following offences shall
be liable to a fine not exceeding two hundred and fifty
dollars or to imprisonment for any term not exceeding three
months:-

As amended by No. 6 of 1918.





(1) knowingly takes in exchange from any seaman or other
person, not being the owner or master of any vessel, any-
thing belonging to any vessel lying in the harbour or waters
aforesaid, or any part of the cargo of any such vessel, or any
stores or articles in charge of the owner or master of any
such vessel; or

(2) For the purpose of protecting or preventing anything
whatsoever from being lawfully seized within the Colony or
in the harbour or waters thereof, on suspicion of its being
stolen or otherwise unlawfully obtained, or of preventing the
same from being produced or made to serve as evidence
concerning any felony or misdemeanor committed or supposed
to have been commmitted within the Colony orin the harbour
or waters thereof, frames or causes to be frame any bill of
parcels containing any false statement in regard to the name
or abode of any alleged vendor, the quantity or quality of
any such' thing, the place whence or the conveyance by
which the same was furnished, the, price agreed upon or
charged for the same, or any other particular, knowing such
statement to be false; or fraudulently Produces such bill of
parcels, knowing the same to have ben fraudulently framed;
or

(3) bores, pierces, breaks, cuts open, or otherwise injures
any cask, box, or package containing wine spirits, or other
liquors on board any ship, boat, or vessel, or in or upon any
warehouse, wharf, quay, or bank, with intent feloniously to
steal or otherwise unlawfully obtain any part of the contents
thereof; or unlawfully frinks or wilfully spills or allows to
run to waste any part of the contents thereof; or

(4) wilfully causes to be broken, pierced, started, cut,
torn, or otherwise injured any cask, chest, bag, or other
package containing any goods, while on board of any barge,
lighter, or other craft, lying in the harbour or waters afore-
said, or any quay, creedk, wharf, or landing-place adjacent to
the same, or on the way to or from any warehouse, with
intent the contents of such package or any part thereof
may be spilled or dropped from such package.

20. Every person who removes or carries away any stone
or stake driven into the ground as land-mark, or for the
purpose of defining or marking the boundaries of any lot or






parcel of ground, shall be liable to a fine not exceeding fifty
dolalrs, or to imprisonment for any term not exceeding seven
days.

21. Every person who wilfully-

(1) cuts, breaks, damages, injures, or destroys any tree,
shrub, or underwood, whether the same is the property of
the Crown or of any private person; or

(2) damages, breaks, or destroys any fence, or any wall,
bridge, or embankment,

shall be liable to a fine not exceeding two hundred and fifty
dollars or to imprisonment for any term not exceeding three
months.

22. Every person who has in his possession any spear,
bludgeon, or other offensive weapon, or any crowbar, pick-
lock, skeleton-key, or other instrument fit for unlawful
purposes, with intent to use the same for any such unlawful
purpose, or is unable to give a satisfactory account of his
possession thereof, shall be liable to a fine not exceeding two
hundred and fifty dollars or to imprisonment for any term
not exceeding three months.

23. Every person who behaves in a riotous, noisy, or
disorderly manner, or uses any profane o indecent language
or any threatening, abusive, or insulting words or behaviour,
with intent to provoke a breach of the peace or whereby a
breach of the peace may be occasioned, shall be liable to a
fine not exceeding two hundred and fifty dollars or to
imprisonment for any term not exceeding three months.

24. Every person, not being a police constable, who-

(1) has in his possession any article being part of the
clothing , accoutrements, or appointments suppied to any
police constable, and is not able satisfactorily to account for
his possession thereof; or

(2) puts on the dress, or takes the name, designation, or
character, of any police constable for the purpose of thereby
obtaining admission into any house or other place, or of do-
ing or procuring to be done any act which a constable would


* As amended by No. 6 of 1918.






be entitled to do or procure to be done of his own authority,
or for any other unlawful prupose,

shall, in addition to any other punishment to which he may
be liable for such offenc,e be liable to a fine not exceeding
two hundred dollars.


Apprehension of offenders, etc.

25. It shall be lawful for any police constable, and for all
persons whom he may call to his assistance, to take into
custody withou warrant any person who within view of such
constable offends in any manner against this Ordinance, and
whose name and residence are unknown to and cannot be
ascertained by such constable.

26. It shall be lawful for any police constable to take into
custody without warrant any loose, idle, and disorderly person
whom he finds disturbing the public peace, or whom he has
good cause to suspect of having committed or being about to
commit any felony, misdemeanor, or breach of the peace, and
any person whom he finds between sunset and 6 a.m. lying
or loitering in any highway,. yard, or other place, and who
cannot give a satisfactory accont of himself.

27. * Any person found committing any offence punish-
able either on indictment or as a misdemeanor on summary
conviction by virtue of this Ordinance may be taken into
custody without warrant by any police constable, or may be
apprehended by the owner of the porperty on or with respect
to which the offence is committed, or by his servant or any
person authorised by him, and may be detained until he can
be delivered into the custody of a police constable, to be
dealt with according to law.

27. * any police constable may stop, search, and detain
any vessel, boat, cart or carriage in or upon which there is
reason to suspect that anything stolen or unlawfully obtained
may be found, and also any person who may be reasonably
suspected of having or conveying in any manner anything
stolen or unlawfully obtained; and any person to whom any
property is offered to be sold, pawned, or delivered, if he
has reasonable cause to suspect that any such offence has
been committed with respect to such property, or that the

* This section does affect pawnbrokers; No. 1 of 1860, s. 28.














same or any part theeof has been stolen or otherwise unlaw-
fully obtained, is hereby authorised, and if it is in his power,
is required, to apprehend and detain such offender, and as
soon as may be to deliver him into the custody of a constable,
together with such property, to be dealt vith according to
law.

29. It shall be lawful for any police constable to stop and
detain, until due inquiry can be made, any person whom,
and any horse, cart, or carriage, or any other animal or thing
which, he finds employed in removing the furniture of any
house or lodging, between 8 p.m. and 6 a.m., or whenever
such constable has good grounds for believing that such
removal is made for the purpose of evading the payment of
rent.

30. It shall be lawful for any police constable to take into
custody without warrant any person who is charged by any
other person with committing any aggravated assault, in
every case in which he has good reason to believe that such
assault has been committed, although not within view of
such constable, and that by reason of the recent commission
of the offence a warrant could not have been obtained for the
apprehension of the offender.

30A.-(1) Notwithstanding anything contained in the
Public Health and Buildings Ordinance, 1903, it shall be
lawful for any police officer to arrest any person found com-
mitting an offence against any of the provisions of sections
78, 82, 185, 210 or 211 of the said Ordinance, and to
prosecute such peson before a magistrate, and every such
person shall upon summary conviction at the suit of such
police officer be liable to a fine not exceeding one hundred
dollars.

(2) Nothing in this section shall be construed as affecting
any other procedure provided by law for the prosecution of
any such offence or as preventing the recovery of any greater
penalty hitherto recoverable by such procedure.

31.-(1) When any person having charge of any horse,
cart, carriage, or boat, or any other animal or thing, is taken
into the custody of any police constable under this Ordinance.

* As amdended by No. 6 of 1918 and Law Rev. Ord, 1923.








it shall be lawful for any constable to take charge of such
horse, cart, carriage, or boat, or such other animal or thing,
and to deposti the same in some place of safe custody as a
security for payment of any penalty to which the person
having had charge thereof may become liable, and of any
expenses necessarily incurred for taking charge of and keep-
ing the same.

(2) It shall be lawful for the magistrate before whom the
case is heard to order such horse, cart, carriage, or boat, or
such other animal or thing, to be sold for the purpose of
satisfying such penalty and reasonable expenses, in default of
payment thereof, in like manner as if the same had been
subject to be distrained, and had been distrained, for the
payment thereof.

32. Every person taken into custody byu a police constable
without a warrant, except a person detained for the mere
purpose of ascertaining his name and residence, shall be
forthwith delivered into the custody of the constable in
charge of the nearest police station, in order that such person
may be secured until he can be brought before a magistrate
to be dealt with according to law, or may give bail for his
appearance before a magistrate, if the constable in charge
deems it prudent to take bail in the manner hereinafter
mentioned.

33. When any person charged with any offence of which
he is liable to be summarily convicted before a magistrate,
or with having carelessly done any hurt or damage, is, with-
out warrant, in the custody of any constable in charge of any
police station, during the time when the police court or
magistrates' office is shut, it shall be lawful for such constable,
if he deems it prudent, to take the reconizance of such
person, with or without sureties, conditioned as hereinafter
mentioned.

34. When any person charged with any felony, or any
misdemeanor punishable by imprisonment with hard labour,
or any other grave misdemeanor, is without warrant in the
custody of a constable at any police station during the time
when the police court or magistates' office is shut, it shall
be lawful for the constable in charge of the police station to
require the person making such charge to enter into a
recognizance conditioned as hereinafter mentioned; and, on















his refusal to do so, it shall be lawful for such constable, if
he deems it prudent, to discharge from custody the person
so charged upon his own recognizance with or without
sureties, conditioned as hereinafter mentioned.

35. Every recognizanace so taken shall be without fee or
reward, and shall be conditioned for the appearance of a
peron thereby bound before a magistrate of the district in
which the police station is situated, at his next sitting, and
the time and place of appearing shall be specified in the
recognizance; and the constable shall enter in a book, to be
kept for that purpose at every police station, the name,
residence, and occupation of the party and his surety, if any,
entering into such recognizance, together with the condition
thereof and the sum thereby acknowledged, and shall reture
every such recognizance to the magistrate present at the time
and place when and where the party is bound to appear.

Possession of stolen goods.

36. Every person who is brought before any magistrate
charged with having in his possession or conveying in any
manner anything which may be reasonably suspected of
having been stolen or unlawfully obtained, and who does not
give an account, to the satisfaction of the magistrate, how he
came by the same, shall be deemed guilty of a misdemeanor,
and shall be liable to a fine not exceeding two hundred and
fifty dollars or to imprisonment for any term not exceeding
three months.

37. If information is given upon oath to any magistrate
or justice of the peace that there is reasonable cause for
suspecting that any thing stolen or unlawfully obtained is
concealed or lodged in any dwelling-house or other place, it
shall be lawful for the magistrate or justice, by special
warrant under his hand directed to any police constable, to
cause every such dwell-house or place to be entered and
searched at any time of the day or by night, if power for
that purpose is given by such warrant; and the magistrate
or justice may empower such constable, with such assistance
as amy be found necessary (such constable having previously
made known such his authority), to use force for effecting
such entry, whether by breaking open doors or otherwies;



* As amdended by No. 6 of 1918.







and if, on search thereupon made, any such thing is found,
then to convey the same before a magistrate, or to guard the
same on the spot until the offender is taken before a
magistrate, or otherwise to dispose thereof in some place of
safety, and moreover to take into custody and carry before a
magistrate every person found in such hosue or place who
appears to have been privy to the deposti of any such thing,
knowing or having reasonable cause to suspect the same to
have been stolen or otherwise unlawfully obtained.

38.-(1) When any person is brought before any magis-
trate charged with having or conveying any thing reasonably
suspected of having been stolen or unlawfully obtained, and
declares that he received the same from some other person, or
that he was employed as a carrier, agent, or servant to convey
the same for some other person, the magistrate is hereby
authorised and required to cause every such person, and also
if necessary every former or pretended purchaser or other
person into whose possession the same has passed, to be
brought before him and examined, and to examine witnesses
upon oath touching the same.

(2) If it appears to the magistrate that any person has
had possession of such thing, and had reasonable cause to
believe the same to have been stolen or unlawfully obtained,
every such person shall be deemed guilty of a misdemeanor,
and to have had possession of such thing at the time and
place when and where the same has been found and seized
(and the possession fo a carrier, agent, or servant shall be
deemed to be the possession of the person who has employed
such other person to convey the same); and shall be liable
to a fine not exceeding two hundred and fifty dollars, or to
imprisonment for any term not exceeding three months.

39.-(1) If any goods are stolen or unlawfully obtained
from any person, or, having been lawfully obtained, are
unlawfully deposited, pawned, pledged, sold, or exchanged,
and complaint is made thereof to a magistrate, and that such
goods are in the possession of any broker, dealer in marine
stores, or other dealer in second-hand property, or of any
person who has advanced money upon the credit of such
goods, it shall be lawful for the magistrate to issue a summons


* As amdended by No. 6 of 1918.
+ This section does not affect pawnbrokers: No. 1 of 1860, s. 28.


or warrant for the appearance of such broker or dealer, and
for the production of such goods, to be delivered up to the
owner theeof, either without payment or on payment of such
sucm and at such time as the magistrate may think fit.

(2) Every broker or dealer who, having been so ordered,
refuses or neglects to deliver up the goods, or who disposes
or or makes away with the same after notice that such goods
were stolen or unlawfully obtained as aforesaid, shall forefeit
to the owner of the goods the full value thereof: Provided
always that no such order shall bar any such broker or dealer
from recvovering possession of such goods by action from the
person into whose possession they may come by virtue of the
magistrate's order, provided that such action is commenced
within six months next after such order has been made.

40. * It shall be lawful for a magistrate to order that
any goods brought before him which have been unlawfully
pawned, pledged, or exchanged, and the ownership of which
is established to his satisfaction, shall be delivered up to the
owner by the person with whom they were so unlawfully
pawned, pledged, or exchanged, either without compensation
or with such compensation to that person as he may think fit.

41. When any goods or money charged to be stolen or
unlawfully obtained, and of which the owner is unknown,
are or is ordered by a magistrate to be delivered to the Captain
Superintendent of Police, it shall be lawful for a magistrate,
after the expiration of twelve months during which no owner
has appeared to claim the same, to order such goods or
money to be forfeited.

Miscellaneous.

42. Whereas informations are often laid for the mere
sake of gain, or by parties not truly aggreived, and the
offences charged in such informations are not further pro-
secuted, or it appears upon prosecution that there was no
sufficient ground for making the charge:-

In every case in which any information or complaint of
any offence is laid or made before a magistrate and is not
further prosecuted, or in which, if further prosecuted, it
appears to the magistrate by whom the case is heard that


* This section does not affect pawnbrokers: No. 1 of 1860, s. 28.








there was no sufficient ground for making the charge, the
magistrate shall have power to award amends, not exceeding
one hundred dollars, to be paid by the informant or com-
plainant to the party informed or complained against, for
his loss of time and expernses in the matter.

42. In case any peson lays any information before a
magistrate for any offence alleged to have been committed,
by which he was not personally aggrieved, and afterwards
directly or indirectly receives, without the permission of a
magistrate, anuy sum of money or reward for compounding,
delaying, or withdrawing the inforamtion, it shall be lawful
for a magistrate to issue his warrant or summons, as he may
deem best, for bringing before him the person charged with
such compounding, delay, or withdrawal; and if such offence
is proved by the confession of the said informer or by the
oath of any credible witness, he shall be liable to a penalty
not exceeding one hundred dollars.

44. Where any offence under paragraph(1) of section 3,
or under section 13, is committed on or from any premises the
person in actual occupation of such premises shall be liable to
the same penalty as the actural offender, unless the acutal offen-
der shall first have been prosecuted to conviction: Provided
that if a dwelling house is let out in flats nothing in this section
shall have the effect of imposing liability on any person other
than the occupier of the flat on or from which the offenc
was committed.

45. If any goods or money charged to be stolen or frau-
dulently obtained are or is in the custody of any constable
by virute of any warrant of a magistrate, or in prosecution
of any charge of felony or misedmeanor in regard to the
obtaining thereof, and the person charged with stealing or
obtainig possession is not found, or has been summarily
convicted or discharged, or has been tried and acquitted,
or if such person has been tried and found duilty, but the
property so in custody has not been included in any indictment
or information of which he has been found guilty, it shall
be lawful for a magistrate to make an oder for the delivery
of such goods or money to the person who amay appear to
be the rightful owner thereof, or in case the owner cannot be
ascertained, then to make such order with respect to the same


*As amended by No. 6 of 1918 and Law Rev. Ord., 1923.














as to the magistrate may seem meet : Provide always that
no such order shall be any bar to the right of any person to
sue the party to whom such goods or money may be deliver-
ed, and to recover the same from him by an action, provided
that such action is conmmenced within six months next after
such order has been made.

46.-(1) It shall be lawful for the Captain Superintendent
or other officer of police to require any person whose duty it
may be to remove ally filth or obstruction, or to do any other
matter or thing required, to be done by this Ordinance, to do
so within a certain time 'to be then fixed by the said officer,
and, in default of such requistion being complied with, the
officer shall eause to be removed such filyh ot obstruction or
do or cause to be done such other matter thing as afore-
said.

(2) It shall be lawful for the magistrate before whom the
offender has been convicted to order such offender, in addi-
tion to the penalties hereinbefore impose to pay such sum
of money for defraying the expenses of such removal, or of
coverable in the manner hereinafter povided for the re-
covery of penalties imposedn by this Ordinance.

47. Nothing in this Ordinance shall operate to the restraint
or punishment of any act or thing done undor or sanctioned
by lawful authority, yet so as that in every case the proof of
such lawful authority shall be on the person alleging the
same.

48. All summary proceeding's under this Ordinance may
be had on the information of any complainant.

49. Every person who, by committing any offence herein
forbidden has caused any hurt or damage to any person or
property may be apprehended, with without warrant, by
any constable, and if he does not, on demand, make amends
for such hurt or damage to the satisfaction of the person
aggrieved, he shall be detained by such constable in order
to be taken before a magistrate, and on conviction shall pay
such sum, not exceeding one hundred dollars, as may appear
to the magistrate to be reasonable amends to the person
aggrieved, besides any penalty to which he may be liable for
the offence.
50. Nothing in this Ordinance shall be construed to
prevent any person from being indicted or being proceeded
against by indictment or information for any indictable
offence made punishable on summary conviction by this
Ordinance, or to prevent any person form being liable to
be proceeded against byu action for any hurt or damage
caused by him: Provided, nevertheless, that no person be
punished twicxe for the same offence, and provided that no
compensation has been awarded for such hurt or damage.

51. the penalties imposed by this Ordinance shall be
recovered in a summary manner according to the provisions
of any Ordinance regulating the summary jurisdiciton of
magistrates.

[Originally No. 14 of 1845. No. 1 of 1913. No. 6 of 1918. No. 3 of 1919. Law. Rev. Ord., 1924.] Short title. Interpretation. Nuisances committed in public place, etc. [s.3 contd.] [s.3 contd.] [s.3 contd.] Dressing stone. Stree cries for buying or selling. Other offence against good order. [cf. No. 19 of 1912.] [cf. No. 4 of 1897.] Apprehension of offenders. Other nuisances, in the nature of trepass or damage. Occupying or building on Crown land, without licence. Mendicancy. Penalties for violation of ss. 9 and 10. Females soliciting for prostitution. Shouts while playing Chai-Mui. Making noise at night calculated to disturb public tranquillity. Watchman or servant making noise by direction of proprietor of dwelling-house, etc. Liability of proprietor of dwelling-house. Destruction of rabid dogs and animals. Stray dogs. [cf. No. 54 of 1911.] Dangerous dogs. 34 & 35 Vict.c. 56, s. 2. Firing near dwelling-house. Offences relating to vessels, seamen, and merchandise. Removing land-mark. Wilful damage to tree, etc. [cf. No. 6 of 1917.] Possession of offensive weaponm, etc., with intent. Behaving riotously or provoking breach of peace. Improper possession of arms or clothing, or assumption of character, of police constable. Offender whose name and residence are unknown. Disorderly person. Power of constable and person aggrieved to apprehend offender in certain cases. Power to stop, search, and detain vessel, etc., or person suspected of conveying stolen property. Power to detain person, etc., removing furniture in night-time, etc. Apprehension without warrant of person charge with aggravated and recent assault. Power to arrest and prosecute in certain cases. Ordinance No. 1 of 1903. Detention and sale of horse, cart, etc., of person apprehended. Person apprehended without warrant to be taken to police station. Taking of recognizance of person charged with summary offence. Binding over of person making charge. Condition of recognizance. Persons suspected of having or conveying stolen property. Search warrant for thing stolen or unlawfully obtained. Examination of person from whom stolen thing received. Order for delivery of goods stolen or fraudulently obtained and in possession of dealer in second-hand property. Restoration of property unlawfully pawned. Forfeiture of stolen goods or unclaimed money. Amends to person charge on unfounded information or complaint. Penalty on common informer for compounding without permission of magistrate. Liability of occupier in the case of certain offences. Order for delivery of goods or money charged to have been stolen or fraudulently obtained, and in custody of constable. Removal of filth, etc., and recovery of expenses. Acts done by lawful authority. Summary proceedings. Compensation for hurt or damage. Saving of liability of offender to indictment or action. Recovery of penalties.

[Originally No. 14 of 1845. No. 1 of 1913. No. 6 of 1918. No. 3 of 1919. Law. Rev. Ord., 1924.] Short title. Interpretation. Nuisances committed in public place, etc. [s.3 contd.] [s.3 contd.] [s.3 contd.] Dressing stone. Stree cries for buying or selling. Other offence against good order. [cf. No. 19 of 1912.] [cf. No. 4 of 1897.] Apprehension of offenders. Other nuisances, in the nature of trepass or damage. Occupying or building on Crown land, without licence. Mendicancy. Penalties for violation of ss. 9 and 10. Females soliciting for prostitution. Shouts while playing Chai-Mui. Making noise at night calculated to disturb public tranquillity. Watchman or servant making noise by direction of proprietor of dwelling-house, etc. Liability of proprietor of dwelling-house. Destruction of rabid dogs and animals. Stray dogs. [cf. No. 54 of 1911.] Dangerous dogs. 34 & 35 Vict.c. 56, s. 2. Firing near dwelling-house. Offences relating to vessels, seamen, and merchandise. Removing land-mark. Wilful damage to tree, etc. [cf. No. 6 of 1917.] Possession of offensive weaponm, etc., with intent. Behaving riotously or provoking breach of peace. Improper possession of arms or clothing, or assumption of character, of police constable. Offender whose name and residence are unknown. Disorderly person. Power of constable and person aggrieved to apprehend offender in certain cases. Power to stop, search, and detain vessel, etc., or person suspected of conveying stolen property. Power to detain person, etc., removing furniture in night-time, etc. Apprehension without warrant of person charge with aggravated and recent assault. Power to arrest and prosecute in certain cases. Ordinance No. 1 of 1903. Detention and sale of horse, cart, etc., of person apprehended. Person apprehended without warrant to be taken to police station. Taking of recognizance of person charged with summary offence. Binding over of person making charge. Condition of recognizance. Persons suspected of having or conveying stolen property. Search warrant for thing stolen or unlawfully obtained. Examination of person from whom stolen thing received. Order for delivery of goods stolen or fraudulently obtained and in possession of dealer in second-hand property. Restoration of property unlawfully pawned. Forfeiture of stolen goods or unclaimed money. Amends to person charge on unfounded information or complaint. Penalty on common informer for compounding without permission of magistrate. Liability of occupier in the case of certain offences. Order for delivery of goods or money charged to have been stolen or fraudulently obtained, and in custody of constable. Removal of filth, etc., and recovery of expenses. Acts done by lawful authority. Summary proceedings. Compensation for hurt or damage. Saving of liability of offender to indictment or action. Recovery of penalties.

https://oelawhk.lib.hku.hk/items/show/1057

LAND REGISTRATION ORDINANCE, 1844

1844


No. 1 of 1844.

An Ordinance to provide for the registration. of deeds,
conveyances, wills, and judgments affecting real or
immovable property.
[28th Feb., 1844.]

WHEREAS it is expedient to prevent secret and frandulent con-
veyances, and to provide means whereby the title to real. -and
immovable property may be easily traced and ascertained:-

1. This Ordinance may be. cited as the Land Registration
Ordinance, 1844.

Registration of instruments affecting land.

2. The Land Office shall be, a public office for the regis-
tration of deeds, conveyances, and other instrucments in
writing, and wills and judginents, and all deeds, conveyances,
and other instruments in writing, and wills, and all judgments,
by which deeds, conveyances, and other instruments in writ-
ing, and wills and judgments, any, parcels of ground, tene-
ments, or premises in this Colony, may be affected, may be
entered and registered in the said office. in the manner
hereinafter direted.

3.-(1) All such deeds, conveyances, and
in writing, and wills and judgments, made, expented, or
obtained and registered in pursuance hereof, shall heereof, shall have
priority one over the other according to the priority of their
dates of registration.

(2) All such deeds, conveyances, and. other instruments in
writing, and, wills and judgments, as last aforesaid which are
not registered, shall (as against any subsequent bona^ fide
purchaser or mortgagee for valuable consideration of the
same parcels of ground, tenements, or premises) be absolutely

As amended by Lam Rev. Ord., 1923.





null and void to all intents and purposes : Provided that
nothing herein contained shall extend to bona^ fide leases at
rack rent for any term not exceeding three years.

4. No notice whatsoever, either actual or constructive
of any prior unregistered deed, conveyance, or other instru-
ment in writing, or will or judgment, shall affect the priority
of any such instrument as aforesaid as is duly registered.

5. All deeds, conveyances, and other instruments in
writing, and wills and judgments, which are duly registered
within the respective times next mentioned, that is to say,
all deeds, conveyances, and other instruments in writing
(except wills) which, if execiited in this Colony, are registered
within one month, or which, if executed in any other place,
are registered within twelve inonths, after the time of execu-
tion.thereof respectively, and all wills which, if the devisor
dies in this Colony are registered within one month, or
which, if the devisor dies in any other place, are, registered.
within twelve months, after the decease of every devisor
respectively, and all judgments which are registered within
one nionth after the entering up or recording thereof, shall
severally be in like manner entitled to priority, and shall
take effect respectively, by relation to the date thereof only
in the same manner as if this Ordinance had not beell
passed.

Mode of registration.

6. The registration intended by this Ordinalice shall be
made in nanner following, that, is to say, a memorial contain-
ing the particulars hereinafter specified shall be delivered into
the Land Office, signed, in the case of a deed, conveyance, or
other instrtiment in writing, except a will, by some or one
of the parties to the original instrument, if parties
are dead or absent from the Colony, then by one or
of the witnesses to such instrument, and the case of a
will by some or one of the devisees or his guardian or trustees,
and in the case of a judgment by a party to the action in
which such judgment is delivered or by his agent or by a
person claiming under or through such party.

* As amended by No, 24 of 1915.





7. Every such memorial shall be verified by the oath of
some competent person that the same contains a just and
true account of the several particulars therein set, forth,
which oath shall be taken before any justice of the
peace.

8.-(1) The memorial of any deed, conveyance, or other
instrument in writing, and of any will, shall contain the date
of such deed, conveyance, or other instrument, or of such will,
and the partictilar nature and object thereof, the names and
additions of all the parties to such deed, conveyance, or other
instrument, and of the devisor, devisee or devisees of such
will, and the names and additions of all the witnesses thereto
and shall especially particularise and express the parcels of
ground, tenements and premises affected or intended to be,
affected by such deed, conveyance, or other instrument, or
by such will, and the proper and ordinary or accustomed
names of the places where the same are situated, and (except
in the case of a will) the pecuniary or other consideration
for the same, in the form or to the effect of the form in the
First Schedule.

(2) The memorial of any Judgment shall contain the names
and additions of the plaintiffs and defendants respectively,
the sum thereby recovered or secured, if any, the time of
entering up or recording the same, and the sum of money
bond fide due thereon, if any.

(3) Provided always that when there are more writings
than one for perfecting the same conveyance, devise, or
security affecting the same parcels of grotind, tenements, and
premises, all such writings shall be stated in one and the
same memorial, in which it shall be sufficient to particular-
ise such parcels, tenements and premises only once.

9.-(1) On the delivery of any such memorial as afore-
said, the Land Officer shall number the memorial according
to the order of time in which it has been so delivered, and
shall give a receipt for it, in which receipt shall be specified
the certain day and time of day when the memorial was
so delivered, and the proper number thereof in the register
of the Land Office.

As amended by No. 24 of 1915.





(2) The Land Officeer shall also in like manner immediate-
ly indorse oil the back of memorial a certificate, contain-
ipg the day and the time of day when the memorial was
so delivered, and the name and place of abode of the
person verifyilig it, and shall sign the certificate when so
indorsed.


(3) Such certificate shall be taken and allowed as evidence
of the registraton, and of the time of registration, of the
deed, conveyance, or other instrument, or of the will or
judgment, of which the memorial has been so made.

10. Every, such memorial shall, is soon after the receipt
thereof as practicable, be carefidly registered by the Land
Officer, in regular succession as received, according to its
proper number, in a particular book lo be kept by him for
that purpose, and shall afterwards bp deposited by him
some secure place in his office, and there, kept for future
reference when require.

11. The Land Officer shall also keep an index of the
parcels of ground, tenements, and premises mentioned in
every such memorial and also a like index or indices of the
names of the several parties to deeds, conveyances, and other
instruments in writing, and of the devisors and devisees, in the
case of wills, and of the plaintiffs and defendants in the case
of judgments, with accurate references in all such indices-
respectively to the number and page of registry of the
memorial to which any entry in such indices relates.

12. In the case of any mortgage or judgment relgistered,
if at any time afterwards such verified certified as is
hereinafter next mentioned is brouight to the Land Officer,
signed by the respective mortgagors and mortgagees or
plaintiffs and defendants or their agents respectively,
and attested by two credibile witnesses, whereby it
appears that the whole of the moneys due on such
mortgage or judginent have been fully paid, or that,
such mortgage or judgment is otherwise satisfied, then
the Land Officer shall make a short entry or memorandum
thereof on the memorial and on the margin of the registry of
such mortgage or judgment, and shall afterwards careftilly
register the certificate in one of the registry books of his





office, and the Land Officer shall make an entry thereof in
his indices referring accurately to the page of registry of the
certificate.

13.-(1) Every such certificate shall contain the following
particulars, that is to say, in the case of a mortgage the names
and additions of the original parties, the date of the instrument,
the sum thereby secured, and the time of payment or other
satisfaction thereof; and in the case of a judgment the names
and. additions of the plaintiffs and defendants, the time of
entering up or recording the same, the sum thereby recovered,
if any, and the date of payment or other satisfaction of the
amount bona^ fide dne thereon, it any.

(2) Every such certificate shall be verified by the oath of
some competent person that the same contains a just and true
account of the several particulars therein set forth, which
oath shall be made and taken before any justice of the
peace.
(3) On the back of such certificate the Land Officer
shall immediately indorse the date when the same was
received by him, and the name and place of abode of the person
vertifying the same, awl the certificate shall, after being so
indorsed and entered as aforesaid, be safely kept in his office
for furture reference when required.

Registration of lis pendens.

14. The provisions of this Ordinance relating
(subject to the provisions hereinafter contained) shall extend
to lites pendentes within the intent and meaning of the Acts
of arliament 2 & 3 Victoria, chapter 11, and 13 & 14 Victoria,
chapter 35.

15. The memorial of any such lis pendens shall be sufficient
if it is signed by the plaintiffs or persons claiming to be
plaintiffs to the said lis pendens, and contains- the names and
additions of the said persons and of the defendants or person-.-,
'Whose estate is intended to be affected thereby, and the day
when the bill, information, or special ease was filed, and the
sum of money thereby claimed or in controversy, yet so as

*As amended by No. 24 of 1915.
13 and 14 Vict. c. 35 rep. 46 and 47 Vict. c. 19 s. 3.





that the said memorial shall be verified in all other respects
as is provided in the case of judgments.

16. Notwithstanding the said Acts of Parliament, no lis
pendens shall be registered in the Registry of the Supreme
Court, or elsewhere than in the Land Office; and a lis
pendens not registered in the said office shall not bind any
purchaser or mortgagee of the mortgagee intended to be thereby
affected.

17. So much of the said Acts of Parliament and of the
Acts of Parliament 3 & 4 Victoria, chapter 82, and 18 & 19
Victoria, chapter 15, as requires the re-registering of judgments
and lites pendentes after every successive perjod of five years,
beginning from the entry thereof respectively, shall extend
to all judgments, lites pendentes and orders, registered in the
Land Office, and by which it is intended to affect any estate.

18. Subject to the provisions of section 11 of the Act 18
& 19 Victoria, chapter 15, for the relief of purchasers and
mortgagees for valuable consideration against the judgments,
Crown debts, and liabilities of paid-off mortgagees (which
provisions are hereby extended to this Colony), every lis
pendens registered or re-registered, and also every judgment
or order re-registered in manner aforesald, shall have the
same force and effectas a jjfgment registered and not further
or otherwise.

Vacation of registration of lis pendens.

19. The court of judge before whom any property sought
to be bound is in litigation, may on the deternimatIon of the
lis pendens, or during the pendency thereof, where the said
court or judge is satisfied that the litigation is not Prosecuted
bona^ fide, or for other good shown, make an order for
the vacating of the registration in the Land Office of such 11,8
pendens without the consent of the party who registered it,
and may direct the party on whose behalf the registration
was made to pay all. the costs and expenses occasioned by
the registration or the vacating thereof, including the costs
of the application to vacate, or may make such other order
as to such costs or any of them as to the said court or Judge
may seem just.





20. The application to vacate a lis pendens under section
19 may be in a summary way by petition or motion in court
or by summons in chambers, and may be made by any person
interested in the property against which the lis pendens has
been registered, whether such person is a party to the lis
pendens or not.

21. If an order is made for vacating any such registration,
the Land Officer shall, on the filing with him of a memorial
and an office copy of such order, enter a discharge of such lis
pendens on the register, and may issue certificates of such
elitry.

22. If shall be lawful for any person to deposit in the
Land Office for safe custody any deed, conveyance, power of
attorney, or other instrument in writing whatsoever, or his
last will and testament, of which deeds, conveyances, powers of
attorney, or othel, instruments, wills, and testaments the Land
Officer shall (first giving a receipt for the same) immediately
make an entry in a book to be kept for that purpose, to
which book he shall keep an accurate alphabetical index
having reference as well to the name of the testator or parties
to each such deed or instrument as to the person depositing
the same; and the Land Officer shall carefully and securely
keep all such deeds, conveyances, powers of attorney, or other
instruments, wills, and testaments in his office until required
by the party depositing the same to deliver them back again:
Provided that every such will or testament shall be enclosed
within a cover or envelope, sealed with the seal of the
testator, whose name shall be indorsed by the Land Officer
thereon, and every will or testament shall remain in the
said office until the decease of the testator, unless he
previously requires the same to be delivered back, and on
the death of the testator the Land Officer shall (after examin-
ing such will or testament) deliver the same to the executor
first named therein, or to such other person as may be duly
authorised to receive the same.

3. If the Land Officer or any other person, employed in
the Land Office wilfully neglects or omits to number, register,
or, enter in manner hereinbefore directed any memorial or

*As amended by Law Rev. Ord., 1923.





certificate delivered into the said office, he shall be liable in
damages to the party injured to the extent of the loss or
injury sustained.

24. If, the Land Officer or any clerk or person whosoever
wilfully destroys, embezzles, or secretes, forges, counterfeits,
razes, defaces, or alters any memorial or any part thereof, or
any indorsement thereon, or any entry or registry thereof in
any book in the said office, with intent to defraud or injure
any person, such Land Officer, clerk, or person so offending
shall be guilty of felony, and shall be liable to imprisonnient
for any term not exceeding foiirteeii years.

25. Any correction by erasure, interlineation, or otherwise
in any memorial of the registry of any document shall be
noted and set forth at length in red ink in the margin of the
memorial wherein it is made, together the reasons for
making the same, and shall be attested and verified by the
signature of the Land Officer.

26.-(1) The fees mentioned in the Second Schedule shall
be paid for and in respect of the several matters and things
therein stated.

Such fees shall be paid by means of stamps which shall be
duly cancelled by the Land Officer.

(2) The true consideration must be stated in all documents
registered in, the Land Office and where no money considera-
tion or merely nominal consideration passes and the value of
the property affected by the deed is under five thousand
dollars, such value shall be fixed by the Land OfEcer, and.
the fees payable shall be upon the valne so fixed.

FIRST SCHEDULE.

PARTICULARS OF MEMORIAL OF REGISTRATION. [S.8.]

1. Date of instrument or will.

2. Nature and object thereof.

As amended by Law Am. Ord., 1923. See Hoddgson's Regulatons of Hongkong,
1914, pp. 309, 310.





3. Names and additions of the parties or of the devisors
or devisses.

4. Names and additions of the witnesses thereto.

5. Description of the land or premises conveyed in or
affected by the instrument or will.

6. Name and description of the place where situate.

7. Consideration and to whom and how paid.

8. Any other particulars which the case may require.

SECOND SCHEDULE.

TABLE OF FEES PAYABLE TO THE LAND OFFICER [S.26.]

1. For registering every deed, assignment, mortgage or
other instrument in writing (except as, hereinafter provided)
where such deed, assignment, mortgage or other instrument,
relates only to one lot or one section or portion of a lot as
registered or intened to be registered in the Land Office,

Where the amount or value of the consideration money

Does:not exceed $500 .................. $ 1

Exceeds $500 but does not exceed $1,000 ...... $ 3

Exceeds $1,000 but does not exceed $5,000 $3 for
every
$1,000
or part
thereof.
Exceeds $5,000 ........... $15


2. For registering every other deed, assignment, mortgage
or other instrument in writing, except as hereinafter
provided,

Where the amount or value of the consideration money
Does not exceed $500 .............. $1
Exceeds $500 but does not exceed $1,000 ...... $3

*As amended by Law Am. Ord., 1923. See Hodgson's Regulations of Hongkong,
1914, pp. 309, 310.


















Exceeds $1,000 but does not exceed $5,000 $3
for every
$1,000 or part
thereof

Exceeds $5,000 ............................ $30

3. For registering every will, probate, letters of
administration; judgment, decree, prohibitory order,
or offier order of court, or receiving any verified
certificate ......................... $ 3

4. For registering a lis pendens ........ $ 3

5. For entering a discharge of a lis pendens ............. $ 6

6. For a certificate of such entry or discharge .......... $ 3
7. For receiving for safe custody any deed, will, or
other instrument . ............................. $15

8. For every search .................... $1

9. For certificate or receipt of any document, or
certifying a copy therof, and for every other certicicate $15
0
10. For every uncertified copy of any will, deed,
memorial, or other instrument, per folio of 72 words 75 cts.

11. For registering memorial of a writ of foreign attachement ..... $ 3

12. For filing a certificate that a writ of foreign
attachment is dissolved, or that the judgment in the
action is satisfied .. .......... $ 3

13. For the signature of the Governdor any Crown
lease or other document issued from the Land Office,
including affixing the public seal, to such lease or
other document, where such seal is necessary ... $10

14. For plans attached to a Crown lease and counter-
part, or other document ................... $20
[Originally No. 3 of 1844. No. 24 of 1915. Law Rev. Ord., 1924.] Establishment of Land Office for registration of instruments affecting land. Priority of regeistered instruments; effect of non-registration. Notice of unregistered unstrument not to affect registered instrument. Period within which instruments to be registered after execution. Delivery into Land Office of memorial of instrument to be registered. Verification of memorial. Particulars to be contained in memorial. First Schedule. Numbering, receipt for, and indorsement of certificate on memorial. Registration and custody of memorial. Indices of lands registered and of parties to instruments. Entry of satisfaction of mortgage or judgment and registration of certificate of satisfaction. Contents, verification, and custody of certificate of satisfaction of mortgage or judgment. Registration of lis pendens as judgment. Particulars to be contained in memorial. Case of lis pendens not registered. Extension of Acts of Parliament. Effect of registry and re-registry and extension of 18 & 19 Vict.c. 15, s.11. Power to the court to order vacation of lis pendens. 30 & 31 Vict.c. 47, s. 2. Mode of making application to the Court. 30 & 31 Vict.c. 47 s. 2. Entry of discharge by Lands Officer. 30 & 31 Vict.c. 47, s. 2. Deposit of deeds, etc., in Land Office for safe custody. Penalty on officers for wilful neglect. Penalty for destroying memorial etc., with intent to defraud. Verification of correction in memorial of registry. Fees. Second Schedule.

[Originally No. 3 of 1844. No. 24 of 1915. Law Rev. Ord., 1924.] Establishment of Land Office for registration of instruments affecting land. Priority of regeistered instruments; effect of non-registration. Notice of unregistered unstrument not to affect registered instrument. Period within which instruments to be registered after execution. Delivery into Land Office of memorial of instrument to be registered. Verification of memorial. Particulars to be contained in memorial. First Schedule. Numbering, receipt for, and indorsement of certificate on memorial. Registration and custody of memorial. Indices of lands registered and of parties to instruments. Entry of satisfaction of mortgage or judgment and registration of certificate of satisfaction. Contents, verification, and custody of certificate of satisfaction of mortgage or judgment. Registration of lis pendens as judgment. Particulars to be contained in memorial. Case of lis pendens not registered. Extension of Acts of Parliament. Effect of registry and re-registry and extension of 18 & 19 Vict.c. 15, s.11. Power to the court to order vacation of lis pendens. 30 & 31 Vict.c. 47, s. 2. Mode of making application to the Court. 30 & 31 Vict.c. 47 s. 2. Entry of discharge by Lands Officer. 30 & 31 Vict.c. 47, s. 2. Deposit of deeds, etc., in Land Office for safe custody. Penalty on officers for wilful neglect. Penalty for destroying memorial etc., with intent to defraud. Verification of correction in memorial of registry. Fees. Second Schedule.

https://oelawhk.lib.hku.hk/items/show/1056

ORDINANCES OF HONGKONG 1844-1923 ORDINANCE, 1923

THE

ORDINANCES OF HONGKONG.

No. 18 of 1923.
An Ordinance to authorise the publication of an edition of

the Ordinances of the Colony, to be known as The
Ordinances of Hongkong, 1844-1923

[28th September, 1923].
1. This Ordinance may be cited as the Ordinances of
Hongkong, 1844-1923, Ordinance 1923.

2. In.this Ordinances,

(a) New Revised Edition means the New Revised Edition
of the Ordinances of Hongkong prepared by Chaloner
Grenville Alabaster, and authorlsed to be used by
proclamation of the Governor, dated the 28th day of August,
1913 and made in virtue of Ordinance No. 19 of 1911.

.(b) ' The Ordinances of Hongkong., 1844-1923 means the
,edition of the Ordinances of Hongkong atithorised by this
Ordinance.

3.' The. Governor may appoint some fit and proper.

person as editor to prepare the Ordinances of Hongkong,


As amended by Law Rev. Ord., 1923.
See G. N. 'No. 447 of 1923.





4.. In the preparation of the Ordinances of Hongkong

1844-1923, the editor shall have the following powers with
regard to the Ordinances included therein:-

(i) to Omit---

(a) Ordinances or parts of Ordinances which have been
repealed;

b) introducton, words of enactment;

(c) headings or parts of headings of divisions or sub-divi-'
sions-of Ordinances which in the opinion. of the editor are
not necessary to the proper interpretation of the Ordinances;

(2) to insert in their proper places in such Ordinances as
have been amended all the, provisions of the Ordinances
amending the same as indicated therein, as if the said
amended Ordinances had been ordered to be printed as
amended by such amending Ordinances; and further, where
all the amendments made by such aniending
are so inserted as aforesaid so that the object of such
Ordinances has been effected, to treat the remainder of such
Orindances as exhausted, and to omit the same;

(3) to make grammatica and typographical amendments,
and to revise the punctuation where in the opinion of the
editor such revision is necessary;

(4) to substitute-

(a) figures for words, ilild
(b) in references to Ordinances, the serial number for, the
short title,

or vice vesa^, where in the opinion of the editor such
substitutions are convenient;







.,.,(5)..to adopt a convenient standard form in all Ordinances
for the interpretation sections and for the sections giving
power to make regulations;

(6) to recast the marginal notes and references of, the
sections of Ordinances, and the headings of divisions or
sub-divisions of Ordinances, where in the opinlon of the,
editor such reasting necessary; and

(7) to do all such things relating to form and method
which may fle necessary for the perfecting. of the Ordinances
of Hongkong, 1844-1923.

The numbering of the Ordinances contained in the
New Revised Edition and of the Ordinances passedd after the
31 st day of December, '1912, and of the sections of any such
Ordinances, shall be preserved unless any alteration of such
numbering shall be authorised by the special Ordinances
referred to in section 6 (1).

6. (1) All omissions and amendments in the' Ordinances
comprised in the Ordinances of Hongkong, 1844-1923, other
than those referred to in section 4, shall be collected by the
editor, and submitted to the Legislative Council in the form
of one or more Ordinances.

(2),Where a later Ordinance, the object of which is to amend
an earlier Ordinance, contains new matter which cannot be
inserted in the earlier Ordinance in the manner indicated by
section 4 (2), and. it is expedient that such new matter
should be incorporated in the earlier Ordinance, it shall be
for. the editor to eflect such incorporation by one of
lawful

As amended by Law Rev. Ord., 1924.





the said Law' Revision Ordinances: and when all of such
new matter has been incorporated, and the amendments, if
any, in such later Ordinance have been inserted in thell,
proper places as indicated by section 4 (2), so that the
object of the later Ordinance has been effected, the remain-
der of the said later Ordinance shall be treated as exhausted
and omitted from the,Ordinances of Hongkong, 1844-1923.

(3) Without prejudice to the generality of the Provisions
of sub-section (1), the following, omissions shall be held to
be included therein:-

(a) Ordinances or parts of Ordinances which have expired
or have becorne spent or have lost their effect;

(b) repealing sections, and tables and lists of repealed
enactments, in Schedules or otherwise;

(c) preambles, or parts of preambles, to Ordinances which
in the opinion of the editor no longer serve any useful pur-
pose.

7.-(1) The Ordinances of Hongkong, 1844-1923, shall
include all the Ordinances in force on the 31st day of
December, 1923, and shall be comprised in two or more
Volumes, as may be necessary.

(2) The editor shall further prepare and issue as. part of
his undertaking-

(a) a chronological table of all the Ordinances of the
Colony, including those which have been repealed, or
which were not included in the New Revised Edition:
Provided that he may for such purpose adopt the chrono-

* As anjended by Law Rev. Ord., 1924.





logical. table prepared for the New Revised Edition by
Chaloner Grenville Alabaster, Esquire
(b) a full and complete' index to the subject-matter of all
contained in the Ordinances of Hongkong,
1844-1923);

(c) in so far as it may be' practicable, a collection of such
Orders of His Majesty in Council, treaties, constitutional-
documents and Acts of the Imperial Parliament as relate to
or affect the Colony or extracts therefrom as he may deem
fit; and

(d)' such indexes and, tables of references to the aforesaid
or other matters as he may consider necessary for perfecting
the Ordinances of Hongkong, 1844-1923,

all of which things, whether or not included in one or more
supplementary volumes separate and distinct from those
containing the Ordinances, shall, together with the volumes
containing the Ordinances, form one edition entitled The
Ordinanees of Honghong, 1844-1923.

8. (1) Each volume of the edition before it. is issued
shall by general order of the Governor in that behalf, be
impressed on the title page thereof with the seal of the
Colony.

(2) After the the publication of the last of the volumes con-
taining the Ordinances, and after the passing of the special
Ordinances referred to in section 6, the said volumes shall
be laid before the Legislative . Council for approval, and
such approval, if given, shall be notified by proclamation of
the Governor.





(3) The supplementary, volumes referred to in section 7 (2)
shall be similarly laid before the Legislative Council for
approvaLas soon as conveniently may be after the publica-
tion of each volume, , such approval, if given , shall be
simlilarly notified by proclamation of the Governor.

[s.9 rep. Revision Ordinance, 1924.]

10.-(1) A copy of this Ordinance and of all Ordinances
passed after the 27th day of September, 1923, certified
under the hand of the Governor and the seal of the Colony
shall, as soon as conveniently may be after they have been
passed by the Legislative Council and assented to by the
Governor, be transmitted by the Clerk of Councils to the
Registrar, of the Suprerne Court, who shall preserve them
for record together with the collection of Ordinances of the
Colony from the commencement thereof down to and
inclusive of Ordinance No. 30 of 1886, ancl the sealed copies
of all the Ordinances subsequent to Ordinance No. 30 of,
1886 already preserved in the Registry of the
Court.

(2) All such sealed copies and all the copies contained
in the said collection shall be deemed to be the originals.

(3) The Registrar of the Supreme Court shall also obtain'
and preserve a copy of the New Revised Edition.

'(4) In so far as there are variations between the New
-Revised Edition, and the aforesaid originals in the case of
Ordinances passed up to the end of the year 1912, such

As amended by Law Rev. Ord., 1924,





originals shall be deemed to have been amended by, and
such variations shall be deemed to have been authorised
by,' the Statute Laws (New Revised Edition) Ordinance,
1911.

(15) Subject to the provisions of section 11, any original
within the meaning of sub-sectIon (2) and any
contained in the New Revised Edition may be proved
respectively by a certified copy of such original and by a
certified copy of such Ordinance as contained in the New
Revised Edition, or, by order of a Judge, by production by
the Registrar of the Supreme Court of such original or of such
Ordinance as contained in the New Revised Edition. Subject,
however, to any objection being taken, any such original or
any Ordinance contained in the New Revised Edition may be
proved by, the production of a copy of the Gazette or of a
copy of any collection of Ordinanes, purporting to be print-
ed by the Government Printers, containing a copy of such
original, or'of volume of the, New Revised Edition pur-
porting to be impressed on the title page thereof with the
seal of the Colony, containing such Ordinance.

(6) Any person shall be entitled to inspect any such
or the copy of the New Revised Edition during
office hours on payment of twenty-five cents fo
tion not exceeding three hours, and to take copies or extracts,
certification by the, Registrar of the Supreme
payment of twenty-five cents per folio of seventy-five
words for each copy, or extract..





11. Ftom the date of the proclamation referred to in see-
tion 8 (2), the Ordinances of Hongkong, 1844-1923, shall be
deemed to be, and, shall be, without any question, in all
courts and for all other purposes whatsoever, the sole and
only proper statute book of the Colony up to the date of the
latest of the Ordinances contained therein. From the date
of the said proclamation, in so far as there may be variations
between the Ordinances contained in the Ordinances of
Hongkong, 1844-1923, and the New Revised or
between the Ordinances contained in the Ordinances of'
Hongkong, 1844-1923, and the originals preserved by the
Registrar of the Supreme Court of Ordinances passed
between the commencement of the year 1913 and the end
of the year 1923, the Ordinances contained in the New
Revised Edition and, the Ordinances passed during the said
period shall be deemed to have been amended by, and such
variations to have been authorised by, this Ordinance:

Provided that nothing in this section shall allect the
operation of anywhich may be passed before the
issue of such proclamation, for the repeal, alteration, or
amendment of any earlier Ordinance, after such Ordinance
has been printed in, the Ordinances of Hongkong, 1844-1923.

12. Where in any existing enactment or in any existing
document of whatever kind, reference is made to Ordi-
nance which is affected by or under the operation of this
Ordinance, such reference shall, where necessary, and practic-

As amended by Law Rev. Ord., 1924,




able, be deemed to extend and apply to the corresponding

enactment as contained the Ordinances of Hong Kong,

13. This Ordinance shall, be printed as the first of the
Ordinances to be contained in the Ordinances of Hongkong,

[s. 14, rep. Law Revision Ordinance, 1924.]
[Originally No. 18 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Appointment of editor. Power of editor. Numbering of Ordinances. Ordinances to be prepared by editor for the purposes of revision. Extent of revision. Approval of new edition by proclamation. Preservation of Ordinances. Originals. Copy of New Revised Edition to be preserved. Variations between the New Revised Edition, and originals. [s. 10 contd.] Ordinance No. 19 of 1911. Proof of Ordinance. Inspection of originals and New Revised Edition. Validity and operation of the Ordinances of Hongkong, 1844-1923. Construction of references to former editions of Ordinances. Place of this Ordinance in the Ordinances of Hongkong, 1844-4923.

[Originally No. 18 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Appointment of editor. Power of editor. Numbering of Ordinances. Ordinances to be prepared by editor for the purposes of revision. Extent of revision. Approval of new edition by proclamation. Preservation of Ordinances. Originals. Copy of New Revised Edition to be preserved. Variations between the New Revised Edition, and originals. [s. 10 contd.] Ordinance No. 19 of 1911. Proof of Ordinance. Inspection of originals and New Revised Edition. Validity and operation of the Ordinances of Hongkong, 1844-1923. Construction of references to former editions of Ordinances. Place of this Ordinance in the Ordinances of Hongkong, 1844-4923.

https://oelawhk.lib.hku.hk/items/show/1055

RELIEF OF DISTRESSED SEAMEN

18. This Order may be cited as the Mail Ships (Rules) Order in
Council, 1894.

4.-RELIEP OF DISTRESSED SEAMEN.

REGULATIONS 9th April, 1908.

made by the Board of Trade under s. 40 of the Merchant Shipping
Act, 1906, [6 Edw. VII c. 48.]

1. For the purpose of these Regulations, unless the context otherwise
requires :--





(1) The expression -proper authority nicans:-
(a) as respects a place out of His A-6jesty's dominions, the British
consular officer, or, If there is he such officer in the place, any two British
merchants resident at or near the place, or if there is only one British
increliant so resident, that British merchant ; and
(b) as respects a place in a British possession, the Governor of the
possession, or any person acting under his authordy; and
(e) as regards a place in the United Kingdom, a Superintendent of
Merchantile Alarille.

(2) The expression sseamen includes apprentices to the sea service
and every person (except inasters and pilots) employed or engaged in
any capacity on board any ship.

2. The persons entitled to be dealt with under these Regulations, and
who are hereinafter referred to as distressed seatilen, are :-
(a) Any scamen, whether subjects of His Majesty or not, who are
found in any place out of the United Kingdom, and have been ship-
wrecked from any British ship or any of flis Majesty's ships, or by
reason of having been (lise or left behind from any such ship in

any place out of the United Kimrdom, are in distress in that place ; or
(b) any seamen, being subjects of His Majesty, who have been

engaged by any person acting either is principat or agent to serve in a

ship belonging to the Government or to a subject or Citizen of .1 foreign
country are n distress in any place out of the United Kingdom.


3. If three months have elapsed since a seaman left his last ship
before lie applies to the proper autliority for relief lie shall not be
entitled to be dealt with under these Regulations


4. Stowaways and other persons not on the articles of a ship are not
entitled to relief Lialess they have been employed or engaged in some
capacity oil board the ship leaving them behind.


5. When the proper authority is satisfied (by medical certificate or
otherwise) that a seaulan is fit to work, no further relief should be
granted to him if lie reluses to accept reasonable employment.

6. in case of shipwreck the date oil which eacb member of the crew
will be entitled to relief may vary according to the time when he ceases
to beA employed in connection with the wreck.

7. -Distressed seamen arc to be relieved and maintained upon the most
reasonable terms possible but only until emplayinent can he found for
thein or arrangements made for their return to a proper return port.






8 Distrresed seamen may, if necessary, be supplied with clothing
and bedding, but in no greatel- quantity or of better quality than is
absolutely quired. Officers are to be furnished with clothing of the
sanic quality as that supplied to seamen. Medical advice and medicine
may be provided when necessary.

9. No definite period can be fixed during which a seaman should
receive relief, but in every case in which relief is continued for more
than a month a special report of the circumstances shall be furnished by
the proper authority to the Board of Trade.

10. Seamen who are in receipt of relief from .1 propei. authority and
are -unable. to ship or to find other employrnent shall be sent to a proper
return port as soon ,is practicable, but the proper authority at any place
en voitte to such return port shall, if possible, _obtain employment for the
searnan.

11. A proper return port may be either the port at which the. seaman
was shipped or a port in the countrv to which he belonus.

The question of the return port to which, and the route by which,
a seallmil should be Sent shall be decided by the proper authority who
shall have rcuard both to the convenience of the seaman and to the
expense involved, and also,that is the case, to the fact that a
British ship which is in want of men, to make up its complement is
about to proceed to a proper return port.

In the case of a seanian belonfrina to a British possession who has
been shipped andout of United Kingdom, the proper au
thority may treat a port in the United Kingdom, as a proper return port.

12. A seaman may be sent to a proper return port by any reasonable
rout~ either by sea or land or partly by sea and partly by land.

For the whole or any part of the route which is by sea, the proper
authority.shall place the seaman on board a British ship whcih is in want
of mell to make up its Complement, or, it that is not practicable, shall
provide the seaman. with a passago in a British ship in accordance with
reaulation No. 17.

13. Whenever there is no British ship in which a distressed seaman
can be sent either to a proper return port or to a port en route thereto,
the proper authority mav, if he conAders it desirable, secure a passage
for him on the best terms obtaillable.

If the passage be, not prepaid, application should be made by the,
master of the ship to the proper authority at the port to which the
seanian has been so conveyed.





14. In cases in which it is found impossible, to arrange for a scallian'S
return as prescribed in the two preceding regulations, the proper au-
thoriy may provide a seaman With money for his passage, and as to any
part of the route, which is by land, inay pay the expenses of his journey
and of his maintenance during the journey, or provide him with means
to pay those expenses.

15. The proper authority at the port where a seaman is originally re-
lieved having determined, as hereinbefore mentioned, the return port to
which (be seaman is entitled to he sent, should indicate that port on any
document issued for his conveyance to that port or to any place en
route to such return port.

Il) cases of distressed seamen who cannot be sent direct to their
proper return port, the proper authority -.it any place en route and in
the case of expenses required to be incurred in the United Kingdom,
the Superintendent of Mercantile Marine, the officer hereby nalned by
the Board of Trade for this purpose, may defray, on ~chalf of the
authority originally making arrangements for the distressed seaman's
return to a proper return port, any expenses on acount of tbat seaman
which the authority originally acting in respect of him could defray.

16. The proper authority shall, whenever practicable, endorse upon
the agreement of any British ship in which distressed sealnell are to be
conveyed, either to a proper return port or to a port en route to such
port, the naine of each man put on board, specifying the day he embarks,
and shall also fill Up, sign, and delivere to the Inastel. of such ship an
order in a form approved by the Board of Trade (hereinafter called a
Q4 conveyance order), sliowin g thereon either the port to which, or the

country to a port in which. the sean-an is entitled to be sent.

17. The inaster of every British ship, to whatever port it may be
bound, is required to receive on board his ship and afford a passage
and maintenance to all distressed seamen, in compliance with the
conveyance order issued by the proper authority, not exceeding one
for every 50 tons burden, 'and shall during the passage provide every
such distressed seaman with a proper berth or sleeping place, effectually
C5
protected against sea and weather.

On arrival at the port to which a seaman has been so conveyed the
inaster shall produce the conveyance order to the proper authority, and
on satisfying him that the seaman has been so conveyed, maintained, and
provided for by him in excess of the number, if any, wanted to make up
the complement of his crew, shall be paid at the following rates, viz.
for a certificated officer or apprentice, 4 shillings and 6 pence a day





for other members of a crew, 3 shillings a day
for a lascar, 1 shilling and 6 pence a day.

If conveyed in vessels the property of the same owners as those to
which the persons conveyed have belonged, only half the above rates
should be paid.

18. Unless superior accommodation and subsistence be provided, the
rates payable for certificated officers and apprentices will be the same as
for the other inembers of a crew.

19. Whenever a ship with distressed seamen on board, who have
been rescued or picked up at sea, arrives at a port,, the proper authority
may pay the master of the ship for their subsistence at the rates herein-
before mentioned.

20. Expenses under these Regulations must not be incurred for
foreign seamen, after seving on a Brituish ship, when in their own
countries or in the Colonies of their own countries.

21. In order to provide for the passage to a proper return port of a
distressed scanian suffering from niental derangement, the proper

authority, with the object of ensuring that requisite care and attendance
shall be given to the seaman durino, the voyage, may make a special
arranueinent with a master agreeing to pay, if necessary, such sum for
the passage in addition to the usual allowance as may appear fair and
reasonable. under the circumstances. A copy of the agreement so
entered into should in every- case be forwarded to the Board of Trade
as soon as possible, and also, in aily ease where it is desirable to send
the seanian to a foreign port or to a port in a British possession,
whether en route or otherwise, to the proper authority at that port.

In the case of a seaman arriving under such circumstances at his port,
the proper authority may in addition to the usual allowance pay to the
master the aniount of the extra passago money on production of such an
agreement, and upon being satisfied that the seaman has received the
and attenda
special care , and stipulated for. An itninediate advice of
such a payment, together with the original agreement and the receipt of

the master for the passage money, should be sent to the Board of Trade.

22. Whenever a Dassage to a proper return port is required for a
distressed seanian at a port infected at the time with cholera, yellow
fever, or plague, or for a distressed seaman who has suffered from any
of those complaints, whether the port from which he is sent be an in-
fected port or not, a certificate should be obtained by the proper authority
from a duly qualified medical practitioner that he is not a source of





danger to others. The certificate should state the nature of the disease
from which the distressed seaman has suffered, and should be given to
the master of the conveying ship for production, if necessary, to medical
and sanitary authorities at other ports, and should be retained by him
until the distressed seaman reaches his proper return port, or, in the case
of a seaman conveyed to an intermediate port, the certificate shall be
delivered with the conveyance order to the proper authority at such port.

23. In the case of a seaman discharged or left behind suffering from
venereal disease or any illness due to his own wilful act or default or to
his own misbehaviour, who has to be dealt with under these Regulations,
the expense of providing necessary surgical and medical advice and
attendance and medicine, and also the expenses of the maintenance
of such seaman until lie is cured, or dies, or is returned to a proper
return port, and of his conveyance to such port, and in the case of death
the expense (if any) of his burial shall be niet as far as possible out of
his wages.
Definitions. Regulations. Persons who may be relieved. [s. 41.] Limitation of time. Stow aways. Relief to be discontinued in certain circumstances. Wrecked seamen. Nature of relierf. Regulations. Clothing and medical expenses. Period of relief. Disposal of distressed seamen. Proper return port. [ss. 45, 47.] Mode of providing for return. [s.46.] Conveyance by foreign ships. Regulations. Expenses of journey [s. 46.] Return port to be specified. Action of proper authority at places en route. [s. 46.] Endorsement on agreement and issue of conveyance order obligation of masters of british ships to convey seamen. [s. 48.] Rates of passage. Regulations. Certificated officers and apprentices. Rescued seamen. Foreign seamen. Seamen mentally deranged. Seamen at infected ports. Regulations. Certain cases of illness.

Definitions. Regulations. Persons who may be relieved. [s. 41.] Limitation of time. Stow aways. Relief to be discontinued in certain circumstances. Wrecked seamen. Nature of relierf. Regulations. Clothing and medical expenses. Period of relief. Disposal of distressed seamen. Proper return port. [ss. 45, 47.] Mode of providing for return. [s.46.] Conveyance by foreign ships. Regulations. Expenses of journey [s. 46.] Return port to be specified. Action of proper authority at places en route. [s. 46.] Endorsement on agreement and issue of conveyance order obligation of masters of british ships to convey seamen. [s. 48.] Rates of passage. Regulations. Certificated officers and apprentices. Rescued seamen. Foreign seamen. Seamen mentally deranged. Seamen at infected ports. Regulations. Certain cases of illness.

https://oelawhk.lib.hku.hk/items/show/1054

MAIL SHIPS ACT, 1891

3.-MAIL SHIPS ACT, 1891.

54 & 55 Vict. c. 3 1:-

AN ACT to enable Her Majesty in Council to carry into effect Con-
ventions which may be made with Foreign Countries respecting
ships engaged in postal service. [21st July, 1891.]

L-(1) Where Her Majesty the Queen has made a convention with a
foreign State respecting the postal service between such foreign State
C
and the United Kingdom, or respecting the privileges of mail ships, that
is to say, ships engaged in any postal service of such foreign State or of

any part of Her Majesty's Dominions, it shall be lawful for Her Majesty
in Council to order that this Act shall, and this Act shall accordingly,
subject to any conditions, exceptions, and qualificatious contained in the
Order, apply, during the continuance of the Order, as regards such con-
vention and foreign State, and the postal service and ulail ships described
in the convention ; and where by virtue of any such Order this Act or
any section thereof applies as regards ally convention, foregin State,
postal service, or mafl ship, the same is in this Act referred to as a con-
vention, foreign State, postal service, or mail ship to which this Act or
section applies.

(2) The Order shall recite or embody the ternis of the convention, and
may be varied or revoked by Order in Council, but shall not continue in
force for any longer period than the convention.

(3) EverY Order in Council under this Act shall be laid before both
Houses of Parliament forthwith after it is made, or, if Parliament be not
then sittinw, after the then next niceting of Parliament, and shall also be
notified in the London Gazette and published under theauthority of Her
Majesty's stationery office. ,

2.-(1) Where this section applies to a convention with a foreign
State, the niaster of a British niail ship to which this section 'applies
when carrying mails, to or froin any port of the foreign State, and tile
master of a mail ship of the foreiall State to which this section applies
when carrying mails to or from any port of the United Kingdoni, shall
not, nor shall ,my person on board the ship, whether a passenger or be-
longing to the ship or any other person, convey in the ship for delivery

to another person in the foreign State or United Kingdow, as the

case may be, any letter, other than the letters contained in mail
bags entrusted to the master by a postal officer of the United Kingdom
or of any foreign State, or than the despatches sent by the Government
either of the United Kinudom or of any foreign State.






(2) If a person oil board such ship acts in contravention of this section,
or refuses or fails on demand to give up to a postal officer, or, if such
person is not the master, to the master, any letter so conveyed by him,
he shall be liable, on summary conviction, to a fine not exceedim), %5.

(3) It sliall be the d uty of the imister of the ship to secure the obsers--
wice of this section by ail. persons oil board the ship, and to inform the,
proper authorities at the port at which the ship arrives of any breach of
this section by any of those persons, and if lie wilfully fails to perform
that duty be shall be liable to a fine not exceeding $3.


(4) Provided that a person shall not be liable under this section to a
fine for any offence for which lie has been punished by the law of tile
foreign State.

(5) Sothing in this section shall apply to any letters -which if sent
from the United Kinerdoni would be exempted from the exclusive
privilege of the Postinastcr-Gencral under the Act 7 Will. IV 1 Vict.
c. 33, intituled ' all Act for the management of the Post Office


3-(1) Where, the owner of auy ships, British or foreign, applies to
the High Court in England, and-

(a) produces a certificate of a Secretary of State that such owner is
subsidised for the execution of ally postal service within the meanng of
a convoution with a foreign State to which this Act applies, by reason of
receiving the foreign State, or froal the Governmentofthe United
Kingdom or of a British possessiou, a bome fide subsidy for the postal
service mentioned in the certificate ; and

(1)) produces sufficient evidence of the nature of the said service and
the number of and the prescribed particulars respecting the ships
engaged therein; and

(c) gives notice of the application to the Board of Trade,
the High Court, after hearing the owner, and the Board of Trade if they
wish to be. heard, sliall fix the nature and amount of the security which
the owner ought to place under file, control of the Court for the purposes
of this Act as respects the ships engaged in that postal service and fix

the maxiinuin number and tonnage of the ships to which the security is
to apply.

(2) The security shall be the bond of the owner guaranteed either-

Qq) by the personal security of a surety, accompanied by an adequate
,real security given by file surety ; or,
(b) by the paymenf or transfer into Court of cash, or of securities of
the Government of the United Kingdom.





(3) If the owner gives such security to the satisfaction of the High
Court, then so long as the security is n-laintained and is sufficient. to the
satisfaction of the Court, and the number and tonnage, of the Ships for
the time being actually engaged om carrying mails for the postal service

in respect of which the security is given does not exceed the number and
tonnage of the ships to which the security applies, the ships actually
engaged in carrying mails for the said service shall be deenied to he'
exempted mail ships, and be entitled to the exemptions and privileges
given by this Act to exempted mail ships ; and the Board of Trade Shall

give the. prescribed notices for informing the arrestino. authoritics that
the ship actually engaged in carrying the mails for the said postal service
are exempted mail ships.

(4) Notice of every application respecting any security given in pursu-
ance of this section shall be given to the Board of Trade.

(5) If at any time it appears to the Board of Tradc, that, a security
given as respects ships engao ' ed in any postal service is from any Cause
(whether pending claims variation of the conditions of the or
otherwise) insufficient, the Board of Trade shall apply to the High Court,
and that Court, if satisfied of such insufficiency, shalf require the sceurity
to be made sufficient to the satisfaction of the Court within a resaonable
time, and direct that in default the ships engaged in the postal service
in
shall cease to be exempted mail ships, and that the Board of Trade shall
(five the prescribed notices for informing the arresting authorities of
such cesser.

(C) The amount and nature of the security may be varied and the whole
security may be withdrawn, and the income of the security, may be dis-
posed of, by order of the High Court from time to time on such application
either of the shipowners, or of the Board of Trade, or of any person ap-
pearing to be interested, and in such manner, and after such notice, and
upon such terms and conditions as may be prescribed by rules of court,
or, so far as the rules do not extend, as the Court may think just.

(7) Provided that before the security is actually withdrawn, the High
Court shall be satisfied-

(a) that the prescribed notice of the order for withdrawal has been
given to the arresting authorities,; and
(b) that there is no pending claim for the purposes of which the
security may be required;
and upon the prescribed notice of the order for withdrawal being given
to an arresting authority, the ships shall, as respects that authority,
cease, after the date specified in the notice, to be exempted ships.





(s) Rules of court may be made for carrying this section into effect,
and in particular for regulating the nature, aniount, and value of the

security to be, given, and the mode of giving security, and of giving
notices to the arresting authorities, and for providing for the evidence of

the exemption of ships under this section, and for the information to be
given from tinie to tinie to the High Court respecting the ships to which
the security applies, and for the jurisdiction of the High Court under
this Act being exercised in ebanibers.

4.-(1) Where. this section applies to a convention with a foreign State,
and an exempted mail ship to which this section applies is in a port in
the United Kingdoni no person shall be arrested without warrant on
board such ship, and before any process eivil or criminal authorising the

arrest of any person who is on board such ship is executed against fliat
person the following provisions of this section shall be observed; that is
to say,-
(a) written notice of the intention to arrest a person who is, or is
suspected to be, on board the ship, staating the hour at which if necessary,

the ship will be searched, shall, if it is a ship of a foreign State and there
is at the port a consulate of that State, be. left at the consulate. addressed
to the consular officer;
(b) it sliall be duty of the master upon demand, if the said person is
on board his ship, to enable the proper officer to arrest him;
(c) if the officer is unable to arrest the said person lie may, but if it is
a foreign ship only after the expiration of such tinic after notice was left
at the consulate as is specified in the convention, search the ship for suell
person, and if he is found may arrest him.
(2) The ship may be delayed for the purposes of this section for the
tinie specified in the convention, but not for any longer tinic.
(3) If the master of a ship refuses to permit a search of the ship in
accordance with this section, any officer. of customs may detain the ship,
and such master shall be liable to a fine of $500.
(4) This section shall apply to the arrest of the master in like manner
as in the case of any oilier person.

5.- (1) An exempted mail ship to which this section applies shall not,
subject as in this Act mentioned, be liable to be arrested or detained by
any arresting authority either for the purpose of founding jurisdiction in
any Court of Admiralty, or of enforcing, the payment of any damages,
fine, debt, or other claim or sum, or enforcing any forfeiture, whether
arising from the misconduct of the master or any of the crew or other-
wise, but every Court of the United Kingdom by the process of which
the ship could have been under the circumstances arrested or detained





shall have, the same jurisdiction as if the ship had been so arrested or
detained, and any legal proceeding in relation to any such matter as afore-
said may be, commenced by such service in the United Kingdom of any
writ or process as may be prescribed by rules of court, and the High

Court, oil application, shall, in accordance with rules of court, cause the
security to be applied in discharge of any such damages, fine, debt, claim
sum, or forfeiture.

(2) Provided that nothing in this section shall render invalid the arrest
of or detention of a ship before the prescribed notice has been given to the
arresting authority, but such authority, on proof that the ship is an
exeiripted mail ship, shall release the ship. Where the Commissioners
of Customs, im pursuance of any Act or as a condition of waivin any

forfeiture, require a deposit to be made by any exempted mail ship to
which this section applies, the amount of such deposit shall, on notice
from the Commissioners of Customs, and without any further proceeding
be set apart out of the security as money belonging to the said Coni-
missioners' and sliall be paid and applied as they direct, and any rules
of court relaling to such notice, payment, or application shall be made
with the consent of the Treasury.

6.- (1) Where the cony, ention with a foreign State provides that ans-
provisions of the convention similar to those, contained in this Act shall
in any cases apply to a public ship of a foreign State when employed as
a inail ship, it shall be lawful for Her Majesty the Queen to agree that

the like proyisions shall -apply to a public ship of Her Majesty in the
like cases when employed as a mail ship, and to give effect to such
agreement.

(2) An Order in Council applying this Act as regards a convention
with a foreign State may, if it seems to Her Majesty in Council to be
consistent with the convention so to do, apply this Act as regards a
public ship of that foreign State when employed as a mail ship in the
cases authorised by the convention, and this Act shall apply accordingly
as if such ship were an exempted mail ship belonging to a private owner,
and any person may be arrested on board such ship accordingly.


7.-(1) Every fine under this Act, if exceeding $50, may be recovered
by action in the High Court in England or Ireland or in the Court of
Session in Scotland, and the Court in which it is recovered may reduce
the amount of such fine ; and a fine under this Act not exceeding $50
may be recovered on summary conviction, provided that every offence,
for which a fine exceeding $150 can be imposed under this Act may be
prosecuted on summary conviction, but the fine imposed on such con-
viction shall not exceed $50.





(2) In the case of a summary conviction, any person who thinks him-
self aggrieved by such conviction may appeal to quarter sessions. In
Scotland such person may appeal in manner provided by the Summary
Prosecutions Appeals (Scotland) Act, 1875.

(3) Service of any summons or other matter in any lerfal proceeding

under this Act shall be cood service if made by leaving the summons
for the person to be served on board the ship to which he belongs with
the person being or appearing to be master of the ship.


(4) If a fine tinder this,Act imposed on the master of a ship is not
paid, and cannot be recovered out of any security given in pursuance of

this Act, the Court may, in addition to any other power for enforcing
payment of the fine, direct the amount to be levied by distress or poind-
ing and sale of the ship, her tackle, furniture, or apparel. Air officer of
customs in detaining a ship or releasing a ship after detention in pursu-
ance of this Act sahll act upon such requisition or authority and under
such regulations as the Commissioners of Custonis may niake with the
consent of the Treasury.

8.-(1) An Order in Council may for purpose of a convention with a
foreign State apply this Act, subject to any exceptions or modifications
not inconsistent with the provisions of this Act, to any British possession,
and this Act when so applied shall, subject to those exceptions and
modifications, and subject as hereinafter mentioned, have effect as if it
were re-enacted with the substitution of such British possession for the
United Kingdom.

Provided that before it is applied to any British possession rianted in
the schedule to this Act the Government of such possession shall have
adhered to the convention.

(2) Where this Act applies to a British possession, it shall not be
necessary for the owner of any mail ship to give security in any Court

in that possession, and the provisions of this Act with respect to the
jurisdiction of any Court of the United Kingdom, other than any juris-
diction relating to the application of the security, shall apply as if a
Court in the British possession were substituted for a Court of the United
Kingdom.

(3) It shall be lawful for Her Majesty in Council to make rules for
carrying into effect, as respects British possessions, the provisions of this
AcT with respect to the security given by mail ships, and in particular
with respect to the commencement of a legal proceeding by service of a
writ or process in the possession, and to the notices to be given to arrest-





ing -authorities in the possession, and the evidence to be receivable by
such authorities of the security having been given or withdrawn, and
the application of the security in discharge of any dainages, fine, debt,
claim, sum, or forfeiture, where the same are or is recovered or payable
either in the British possession, or under proceedings pending concur-
rently in that British possession and in any other British possession or
the United Kingdom.

(4) If by any law made either before or after passing of this Act by
the Legislature of ally British possession provision is niade for carrying
into effect within such possession any convention to which this Act
applies, ller Majesty in Comicil may suspend the. operation within such
possession of this Act or of any part thereof so far as it relates to such
convention, and so long as such law continues in force there, or direct
that such law or any part thereof shall have effect in such British
possession with or without modifications and alterations as if it were part
of this Act.

9. In this Act---

The expression 'mail bag' means a mail of lettets. or a box, or
parcel, or ally other envelope ill which post letters the meaning
of the Acts relating to the Post Office, are conveyed;

The expression ' subsids- ' includes a payment for the performance of
a contract;

The expression 'master of a ship' includes any person in charge of
a ship, wbether commander, mate, or any other person

The expression ' ship of a foreign State' means a ship entitled to sail
under the flags of a foreign State

The expression ' arresting authority'* nicans any Court, authority, or
officer having power to arrest or detain a ship, or to arrest a person on
board a ship, or to order such arrest or detention, or to order the execa-
tion of any process, civil or criminal, for the arrest of a person on board
any ship;

The expression 'postal officer' means any person employed in the
business of the Post Office of the United Kingdom or a British possession
or foreign State, as the case may be, whether employed by the Post-
master General, or the chief of the Post Office of the British possession,
of the chief of the Post Qffice of the foreign State, or by any person
under him, or on behalf of any such Post Office.

10. This Act may he cited as the Mail Ships Act, 1891.





THE MAIL SHIPS (FRANCE) ORDER IN COUNCIL, 1892.

At the Court at Osborne House, Isle of Wight, the 6th day of
February, 1892.
PRESENT

The Queen's Most Excellent Majesty.
WHEREAs by the Mail Ships Act, 1891, it is provided
AND WHEREAS 0n the 30th day of August, 1890, a convention was
made at London between Her MajestY and the President of the French
Republic respecting the postal service between France and French
possessions and the United Kingdoin and British possessions, the terms
of which convention are set forth in the schedule to this Order ;
ANI) WHEREAS the ratifications of the said convention were excchanged
on the 23rd day of March, 189 1 ;
AND WHEREAS tbe Governments of certain of the British possessions
named in the schedule to the said Act, namely, 'Newfoundland, Queens-
named
land, New Zealand, Cape of Good Hope and Natal,have adhered to the
said convention ;
AND WHEREAS it is expedient that the Mail Sbips Act, 189 1, should
apply is regards the said convention and the French Republic and the
postal service and inail ships described in the said convention
AND WHEREAS it is also expedient that the said Act should. for the
purpose of the said convention, apply to the above-mentioned British
possessions, and also to all British possessions not nained in the seliedule
to the said Act, subject to the exceptions and modifications in this
Order contained ;
Now, Therefore, Her Majesty, by virtue and in exercise of hte
powers in this behalf by theMail Ships Act, 1981,or otherwise in
Her Alajosty vested, is pleased, by and with the advice of Her Privy
Council, to order, is follows:-
1. The Mail Ships Act, 1891, shall apply durin o. the continuance. of

this Order as reo-ards the convention set forth in the schedule to this
Order, and as recrards the French Republic and the postal service and
mail ships described in that convention.

2. The said Act shall apply as regards any public ship of the French
Republic when employed as a mail ship in the cases authorised by
Article V of the said convention.

3. Tile said Act shall for the purpose of the said convention apply to
the following British possessions, namely Newfoundland, Queensland,
New Zealand, Cape of Good Hope, and Natal. and also to every British
'Possession not nanied in the schedule to the said Act, subject, however,
to the provisions of section 8 of the said Act, and also to tbe exceptions
and modifications following, that is to say:-





(i) The expression 'officer of customs' shall inean an officer of the
Customs department of the possesion, or where there is no such depart-
ment, an officer or one of the officer., appointed for the purposes of the
said Act by the Governor-in-Council, of which appointment notice shall
be publised in the Gazette of the possession.
(ii) The provisions of the said Act as to the amount of fines shall,
in possessions having a dollar or rapee currency, be read as if the
aniounts were stated in dollars or rupees, as the case may be, at the rate
of 5 dollars or 10 rupees to the pound sterling. In Gibraltar the said
provisions shall be read as if the amounts were stated in pesetas, all the
rate of 25 pesetas to the pound sterling.
(iii) In lieu of sub-sections (1) and (2) of section 7 of the said Act
the following provisions shall be substituted, that is to say :-Every
oflence ina be prosecuted and every fine may be recovered by action

or other legal proceeding in ally Court of the possession competent
to impose fines, but ally fine imposed by a Court of inferior or limited
jurisdiction shall not exceed either the amount authorised by the said
Act and this Order, or the aniount of fine which the Court may impose
in the exercise of its ordinary jurisdiction, whichever of the said

amount shall be tile less ; and there shall be the same right of appeal
(if any) against any such fine as in other cases of fines iniposed by the
saine Court in the exercise of its ordinary jurisdiction ; and every Court,
whether of original or appellate jurisdiction, may reduce the amount of
any fine.
(iv) The regulations required to be made under sub-section (4) of
section 7 of the said Act, by the Commissioners of Customs with the
consent of the Treasury, shall in the possesion be inade by the Governor-
in Council.
(v) Section 5 of the said Act, so far as relates to the Commissioners
of Customs, shall not apply in the possession.

4. This Order may be cited as the, Mail Ships (France) Order in
Council, 1892.

SCHEDULE REFERRED TO IN THE FOREGOING
ORDER IN COUNCIL.

COSVENTION, BETWEMN HEM MAJESTY AND THE PRESIDENT OF THE
FRENCH REPUBLIC RESPECTING POSTAL COMMUNICATIONS
Signed at London, 30th August, 1890.
[Ratifications exchamged at London, 23rd A-Larelt, 1891.1
HER Majesty the Queen of the United Kingdom of Great Britain
and Ireland, and the President of the French Republic, alike animated





lth the desire to fix the special treatment to be accorded to British
pacl;ets in the ports of France and of the French Colonies and Posses-
sions, and to French packets in the ports of the United Kingdom and
of the Britisdi Colonies and Possessions, and availing themselves of the
right reserved to the Contracting Parties by the Convention of the
Universal Postal Union, have resolved to conclude a Convention to
that end

1. Between the Postal Administration of France and the Postal Ad-
ministration of Great Britain there shall be a regular exchange of cor-
respondence of all kinds, which shall be effected by means of two
steam-packet sersvices which shall continue to be maintained or Sub-
sidized, the one by the French Government and the other by the
British Government on the line between Calais and Dover.

The French Postal Administration and the British Postal Administra-
tion shall regnlate, by coninion consent and in accordance with the
mutual interests of both countries, the days and hours of departure and
arrival of the snbsidized packets.

2. Independently of the correspondence which shall be exchanged
between the Postai Administrations of the two countries by the means
indicated in the preceding Article. those. Administrations may recipro-
Cally forward frorn one to the other correspondence of all kinds by the
several means hereinafter mentioned, naniely :-(1) by such packets
as the French Government and the British Government may respec-
tively think it right to maintain. to freight, or to subsidize, for the
conveyance of correspondence (2) by merchant-ships plying between
French ports and British ports.

3. The commanders of British and French merchant-ships sailing
from tile ports of France or Algeria for the United Kingdom of Great
Britain and Ireland, oil the one part, and the commanders of British
and French inerchant-ships sailincy front the ports of the United King-

dom of Great Britain and Ireland for France or Algeria, on the other

part, shall be bound to take charge of the mails which the post offices

at the ports of departure may have to deliver to them.

4. The charges for the sea conveyance of correspondence exchanged
between the French Postal Administration and the British Postal
Administration by means of non-contract merchan-ship shall be paid
to the, commanders or owners of those. vessels by the Postal Administra-
tion of the country of origin, namely

(1) At the rate of 5 francs per kilog. of letters and postcards
(2) At the rate of 50 centimes per kilog. of other articles.





5. When the packets employed by the French Postal Administration
and by the British Postal Administration are national vessels owned by
the State., or vessels belonging to companies subsidized for the execution

of postal service, such packets cannot be diverted from their destination
nor be liable to seizure, embargo, or Arret de Prince '.
Passengers on such packets, who may not desire to go onshore during
the vessel's stay in a port of either State, cannot be on any account
taken from on board.
Nevertheless, the local authorities may cannot the expulsion from on
board of persons wanted in pursuance of a regular warrant for any
crimes or offences who may have taken refucre or embarked in mail
boats, and, in case of necessity, searches may be carried out on board
such vessels by the competent authorities. The individuals in question
shall then be banded over to them.
It is, however, agreed that the authorities cannot proceed on board
unless they have previously given notice, at least one hour before, the
search, to the consulate or vice-consulatc, in order that the consul or
vice-consul, or his delegate, may be present at the searches in question.
The letter giving notice, shall be addresesed to the consul or vice-consul
and shall state the exact hour, and if the agents neglect either to appear
in person or to be represented, the proceedings shall go on in their
absence.
The execution of such measures shall not delay the departure of the
vessel for more. than an hour after the time of departure fixed in the
time-tables of the company, which must be duly communicated by the
respective companies to the authorities of each port of call.
The present Article shall not apply to packets entrusted with a mail
service and belonging to companies subsidized by either State, until a
bond has been entered into, once for all, by the said companies to
satisfy, after due hearing and definite decision, the legal consequences
of any liability incurred either by the captains of their packets or by
the compailies themselves.
The aforesaid bond must be guaranteed by a security within the
jurisdiction of the tribunals of the country in which the bond may have
been entered into.

6. The packets of Ihe two Administrations shall be at liberty to
take on board, or land at the ports of the two countries at which they
touch, whether regularly or accidentally, specie and gold and silver
bullion, as well as passengers, of whatever nation they may be, with
their wearing apparel or baggage, on condition that the captains of
those packets shall submit to the sanitary, police, and customs regu-





lations of the-' ports concerning the arrival and departure of traveller
and merchandise.

7. The packets of the two Administrations may enter and leave the
ports of the two States it any hour of the day or night. They may

Aso, if they think proper, without anchoring, embark or disembark the


mails and passengers, in the roads or at the entrance of the harbours, so
long as they observe, the regulations referred to in the preceding, Article.

8. Whenever a packet carrying Mails shall be compelled to put into
any port of either of the two States other than that at which such
packet ought to touch, the administration oil whose territory tile said
maild shall be landed shall use the most certain and expeditions means
of forwarding thein to their destination.

9. In ease of war between the two nations, the packets of the two
Administrations shall continue their navigation, without impediment or
molestation, until a notification is made oil the part of either of the two
Governments of the discontinuance of postal communications ; in which
case they shall be permitted to return freely, and under special protec-
tion, to their respective ports.

10. The captains of the packets engaged in the conveyance of the
respective mails of tlic, two Administrations are Forbidden to take, charge
of any letter not included in those mails, with the exception, however,
of despatches of their Governments. They must' take care that Do
letters are conveyed illegally by the crew, or passengers and they
must aive information in the proper quarter of any infringement which
may be committed in this respect.

11. There shall be reserved in the vans, carrIages, or trucks conveying
between Modane and Calais the mails froin the East Indies for Great
Britain, or from Great Britain for the East Indies, a place free of charge

for a British courier, who shall keep the mails under his special care,
and who shall have the right to he present at the disinfection of the
correspondence contained in those mails whenever it shall take place,
and at in other operations to which the said correspondence may be
subjected.
The same advantages shall be granted in the territory of Great
Britain to the couriers of the French Postal Administration, should that
Administration think proper to send a French courier in charge of mails
containing correspondence from or for France passing through Great
Britain and paid for at special transit rates.

12. The British Postal Administration and the Postal Administration
of France shall nominate, by mutual consent, the offices through which
the exchange of correspondence shall respectively take place. They





shall also determine the direction of the correspondence ce reciprocally
transmitted, and shall settle the arrangement relating to the pre-
paration and liquidation of the accounts arisino, out of the reciprocal
transmission of correspondence, as well as every other matter of detail
or arrangement necessary to insure the execution of the stipulation.,
contained in the present Convention.
It is understood that the measures A9ve alluded to may be modified
by the two Adminisfrations whenever those Administratiotis recognize,
by inutual consent, the necessity for modification.

13. The Postal Administrations of the two countries are authorised to
determine, by mutual cousent, the conditions of the conveyance, by
French services, of the imails to or from British Colonies not comprised
in the Postal Union, as well as the conditions of the conveyance, by
British services, of the mails, of French origin destined for those

Colonies, or passing in transit through their territories.
The same Administrations may also fix, by mutual consent, the
rates of postage applicable to correspondence exchanged between
France and Frellell Colonies on one side, and British Colonies not coin-
prIsed in the Postal Union on the other side.

14. The present Convention shallbc carried into effect as soon as
possible, and it shall coatinne ia force until one of the two contracting
parties shall have annotinced to the other, one year in advance, its
intention to terminate it.

15. The stipulations of the present Convention shall be applicable to
all the Colonies and Possessions of Her Britannic Majestv, exceldino.
to those hereinafter named, that is to say, except to

India. Victoria.
The Dominion of Canada. Queensland.
Newfoundland. Tasmania.
The Cape. South Australia.
Natal. Western. Australia.
New South wales New Zealand.
Provided always that the stipulations of the present Convention
shall be made applicable to any of the above-named CAonies or Posses-
sions on whose behalf notice to that effect shall have been uiven by Her
Britannic Majesty's Representative at Paris to the Government of the
French Republic within one year from the date of the signature of the
present Convention.
The Govermnent of Her britannic Majesty engages to invite the
Governors of those Colonies to recommend the adoption of the present
Convention to the proper authorities.





The stipulations of the present Convention shall be applicable to all
the Colonies and Pos,
sessions of France.
16. The present Convention shall be ratified, and the ratification Shall
be exchanged as soon as possible.
Done at London, the 30th day of August, 1890.
c

RULES OF COURT UNDER THE MAIL SHIPS ACT,

[27th 1892.]

[These Rules deal with the procedure of the Probate,
Divorce and Admiralty Division of the High Court in
England in proceedings under the Act. Rule 24 affects

the Colonies.]

Publicationof Noticesby Board of Trade
21. Where any notice respectincr ally exempted mail ship or any
security is by these Itales required to betile Bzmrel of Trade
shall forthwitb publih the sanic in the - London Gazette, and also, if
the case so requires, in the Edinburgh or Dublin Gazette. and where thee
exemption or security affects any British possession the Board of Trade
shall also forthwith send a copy of such notice to a Secretary of State
for publication in that possession, and everv notice so published shal) be
decined to be notice, to all arresting authorities in each part of the
United Kingdom, and in such British possession respectively.

RULES UNDER THE MAIL SHIPS ACT.

Order in Council, 11th May, 1895.

At the Court at Windsor, the 11th day of May, 1895.

PRESENT :
The Queen's Most Excellent Majesty.
W11FREAS section 8 (3) of the Mail Ships Act, 189 1, provides that
it shall be lawful for Fler Majesty in Council to make rules for carrying
into effect, as respects British possessions, the provisions of that Act
With respect to the security given by mail ships, and in particular with
respect ot the commencement of a legal proceeding by service of writ or
process in the possession, and to the. notice to be given to arresting
authorities in the possession, and the evidence to be receivable by such
authorities of the security having been given or withdrawn, and the





application of the. security in discharge of any daniages, fine, debt,
claim, sum, or forfeiture, wherer the sanie are of is recovered or pay-
able cither in the British possession, or under proceedings pending
concurrently in that British possession and in any other British posses-
sion or the United kingdom.

Now, Therefore, Heris pleased, by and with the advice of
Rcr Privy Council, to order, and it is hereby ordered as follows

Notices of exemption
1. Any rules of the Righ Court of Justice in England, inade under
tbe provisions or the Mail Ships Act, 1891, (hereinafter referred to
as the Act'), shall be transmitted by a Secretary of State to the
Government of every possession to which the Act is apOlied for the pur-
pose of a convention, and shaR be published b suh Government in the
Gazette of the possession, and also in such local official Gazettes published
in the possession as the Government of the possession may prescribe.

2. A copy of every notice and list published by the Board of Trade
litidet. the Act, or under any rules of court made mider the Act, shall he
transmitted by a Secretary of State to the Government of every- poSses-
siou to which the Act is applied for the purpose of a particular con-
velition.

3. A copy of every such notice and list, signed by a secretary to the
Government of the possession, or other prescribed officer, shall be pub-
lished in the official Gazette of the possession, and a copy of Such Gazette
notification sliall be kept publicly exhibited in the court-room of every
Colonial Court of Admiralty in the possession, and a copy of the said
Gazettecontaining any such notification shall be receivable in evidence
by every arresting authourity the possession.


4. If notwithstanding its exemption, all exenipted mail ship is arrested
it, the possession, the Government of the possession, on being informed
by the owlier of stich. arrest -and of the arresting authority, and on beinc,
satisfied that the ship is in exempted mail ship, shall forthwith send a
special uotice to the authourtiy authority, informing hica that the ship

is all exempted mail ship, and as such entitled to release.

Aetions against exempted ships.
5. An action may be commenced agaivist the owner--, of an exempted
mail ship in the like cases, in the sanle manner and subject to the same
rules as all Admivaly action in rem, and. in any Colonial Court of
Admiralty in the rossession in which such all action inight have been
brought it the ship were not an exempted nlail ship.






Orders hy Courts in Brifish, possessions for applicationof the security
6 Any order of a Court in a British possession directing any securiy
to be applied shall recite the name of the Court and of the action or
proceeding, the Cause of action, and the judgment debt, and shall coin-
prise a certificate by the Judge of the Court that the ship in respect of
which the judgment is given is all exempted mail ship, and might but
for such exemption have been arrested and sold inexecution thereof,
and that the judgment debt is still unsatisfied, and is payable out of the
security lodged in respect of the ship in the High Court of Justice in
england.


7. The order may require payment to be inade either in London to a
natned agent of the execution creditor, or in the possession to some
named officer of the Court front which the order issues.

8. Every, such order shall be sealed with the seal of the Court, and
shall be drawn up in duplicate, addressed to the Admiralty Registrar,
Royal Courts of Justice, London, and shall be transmitted under coVer
to the prescribed officer of the Government of the possession.

9. The said duplicate orders when received by the prescribed offleer
shall be countersigned by him, and shall. be forthwith transmitted to a
Secretary of State, who shall cause one of such orders to be delivered to the
Admiralty Registrar, and the Admiralty Registrar shall, subject to ariv
directonof the High Court, make andorde upon thePaymaser-General
for payment of the required sum out of the security in accordance with
these rules.

10. Unless the Riah Court shall otherwise order, and subject to
existing rights of priority of liens, orders for the application of all.
security shall be paid in the order in which they are received by tile
Admiralty Registrar, but when two or more orders are received at the
same time, they shall be paid in the order of their respective dates.

11. When the order requires payment to a named auent of the ex-

ccution creditor in London, the money shall be payable at the rates of
exchange current on the day on which the orjer is received by the
Secretary of State.

12. If the order requires payment. to be made to a named officer of
the Court from which the order issues, such in amount shall be paid out
by the Paymaster-General to a person nominated by the Seeretary of
State, as will at the rates of exchange current on the day on which the
order is received by the Secretary of State be necessary to purchase a
draft for the ainount of the order payable at sight in the possession, and

such draft shall be in favour of the said named officer of the said
Court.

'13. Where any action or proceeding wrainst the owners of an ex-
empted mnil ship is pending in a Court in a British possession, invols-ing
a claim against the security lodged in the High Court in England, the
Court in the British possession shall transmit to the AdmirAty Registrar

notice of the pendoncy of such action or proceedings stating the nature

and aniount of the claim and the proceedings Laken in thereto

and in case of the subsequent discontinuance or other conclusion of' such
action or proceeding, whereby the security ceases to be affected, the
Court shall transmit notice of such discontinuance, or conclusion. Every
such notice shall be sealed, drawn up, addressed and transmitted to the
Admiralty Registrar in like manner as an order for the application of
the security.

Miscellaneous provisions
14. In every British possession to which these rules apply, the
Governor in Council inay, by order, prescribe any inatter directed- by
these rules to be prescribed, or necessary For carrying them into efifeet.

16. In the application of these rules to any British possession in
which there is a Vice-Admiralty Court, and no Clolonial Court or
Admiralty, these rules shall be read as if ' Vice-Admiraltv Court' were
substituted for Colonial Court of Admiralty.

17. In these rules jugment debt means any damages, fine, debt
claim, sum, or forfeiture found by ally Court to be payable by the
of a ship, and '.execution cretlitor' means the persoll entitled to a
judgment debt.
Other expressions have the same metining as in the Act.


18. This Order may be cited as the Mail Ships (Rules) Order in
Council, 1894.
Application of Act by Order in Council. Conveyance of letters by crew or passengers of mail ship forbidden. Act of 1891. [s. 2 contd.] Regulation as to giving of security for ships engaged in postal service. Act of 1891. [s. 3 contd.] Act of 1891. [s.3 contd.]Arrest and execution of process on board exempted mail ship. Exemption from seizure of exempted mail ship. Act of 19891 [s.5 contd.] Application of Act to public ships. Legal proceedings. Act of 1891. [s. 7 contd.] [38 & 39 Vict. C. 62.] Application of Act to British possessions. Act of 1891. [s. 8 contd.] Definitions. Short title. Application of Act to French mail ships. Application of Act to French Public ships. Act to apply to certain self-governing Colonies, and to the Crown Colonies. Orders-in-Council (France) Short title. Order in Council (France). Order in Council (France). Order in council (France). Order in Council (France). Order in Council (France). Mode of publication of notices by board of Trade. Mail Ships Rules. Mail Ships Rules. Mail Ships Rules.

Application of Act by Order in Council. Conveyance of letters by crew or passengers of mail ship forbidden. Act of 1891. [s. 2 contd.] Regulation as to giving of security for ships engaged in postal service. Act of 1891. [s. 3 contd.] Act of 1891. [s.3 contd.]Arrest and execution of process on board exempted mail ship. Exemption from seizure of exempted mail ship. Act of 19891 [s.5 contd.] Application of Act to public ships. Legal proceedings. Act of 1891. [s. 7 contd.] [38 & 39 Vict. C. 62.] Application of Act to British possessions. Act of 1891. [s. 8 contd.] Definitions. Short title. Application of Act to French mail ships. Application of Act to French Public ships. Act to apply to certain self-governing Colonies, and to the Crown Colonies. Orders-in-Council (France) Short title. Order in Council (France). Order in Council (France). Order in council (France). Order in Council (France). Order in Council (France). Mode of publication of notices by board of Trade. Mail Ships Rules. Mail Ships Rules. Mail Ships Rules.

https://oelawhk.lib.hku.hk/items/show/1053

REGULATIONS FOR PREVENTING COLLISIONS AT SEA AND AS TO SIGNALS OF DISTRESS

2.-REGULATIONS FOR PREVENTING COLLISIONS AT SEA
AND AS TO SIGNALS OF DISTRESS.

ORDER IN COUNCIL, 13th October, 1910,

Consolidating Orders in Council making Regulations for Preventing
Collisions at Sea, and Rules as to Signals of Distress.

At the Court of St. James, the 13th (lay of October, 1910.

PRESENT:
The King's Most Excellent Majesty in Council.

AND WHEREAS it haS been made to appear to His Majesty that the
Governments of the several countries mentioned in schedule II hereto
annexed are willing that the regulations and rule., contained in schedule 1
should, subject to the qualifications mentioned in the aforesaid schedule 1
and to the proviso in the case of Chinese ,-hips that the application of
the regulations and rules shall be limited to ships of foreign type, apply
to the ships of those countries when beyond the limits of British
jurisdiction: *

NOW THERFYORE, His Majesty, by virtue of the powers conferred ou
Him by the aforesaid Act,* and on the joint recommendation of the3
Admiralty and the Board of Trade, and by and with the advice of the
Privy Guncil, is pleased to direct that the collision regulations and
the ruless as to signals of distress contained in schedule, 1 to this Order'
shall apply to all British ships :

And His Majesty is also pleased to direct that the said regulations
and rules shall, subject to the aforesaid qualifications and to the proviso
in the case of Chinese ships that the regulations and rules will be
applicable only to ships foreign type, apply to the ships of the
countries named in schedule II to this Order whether they are within
British jurisdiction or not, and that such ships shall for the purpose of
such regulations and rules be treated as if they were British ships:





And His Majesty is further pleased to direct that this Order shall come
into operation on and after the 13th October, 1910, and that as and
trom the coming into operation of this Order, the Orders in Council
specified in schedule III to this Order shall be revoked and the same
shall be revoked accordingly.

SCHEDULE 1.

Preliminary.
These Rules shall be followed by all vessels upon the high seas and in
all waters connected therewith, navigable by sea-going vessels.
In the following Rules every steam vessel which is under sail and not
under steam to be considered a sailing vessel, and everv vessel under
steam, whether under sail or not, is to bc considered a steam vessel.
The word steam vessels ' shall include any vessel propelled by
machinery.
A vessel is under way ' within the meaning of these Rules, when she
is not at anchor, or made fast to the shore or aground.

Rules concerning Lights, &c.
The word ' visible ' in these Rules, when applied to lights, shall
mean visible on a dark night with a clear atmosphere.

1. The Rules concerning lights shall be complied with in all weathers
from sunset to sunrise, and during such time no other lights which
may be mistaken for the prescribed lights shall be exhibited.

2. A steam vessel when under way shall carry-
(a) on or in front of the foremast, or if a vessel without a foremast,
then in the fore part of the vessel, at a height above the hull of not less
than 20 feet, and if the breadth of the vessel exceeds 20 feet, then at a
heiglit above the hull not less than such breadth, so, however, that
the light need not be carried at a greater height above the hull than 40
feet, a bright white light, so constructed as to show an unbroken light
over an are of the horizon of 20 points of the compass, so fixed as to
throw the light 10 points on each side of the vessel, viz., from right
ahead to 2 points abaft the beam on either side, and of such a character
as to be visible at a distance of at least 5 miles.
(b) on the starboard side a green light so constructed as to show an
unbroken light over an are of the horizon of 10 points of the compass, so
fixed as to throw the light from right ahead to 2 points abaft the beam
on. the starboard side, and of such a character as to be visible at a
distance of at least 2 miles.
(c) on the port side a red light so constructed as to show an unbroken
light over an are of the horizon of 10 points of the compass, so fixed as





to throw the light from right ahead to 2 points abaft the beam on the 1
port side, and of such a character as to be visible at a distance of at least
2 miles.
(d) The said green and red side-lights shall be fitted with. innoard
screens projecting at least 3 feet forward from the light, so as to prevent
these lights froin being seen across the bow.
(e) A steam vessel when -under wa ' v may carry an additional white
light similar in construction to the light mentioned in sub-division (a).
These two lights shall be so placed in line with the keel that one shall
be at least 15 feet hialler than the other, and in such a position with
reference to each other that the lower light shall be forward of the upper
one. The vertical distance between these lights shall be less than the
horizontal distance.

3. A steam vessel when towing another vessel shall, in addition to
her side-lights, carry two bright white lights in a vertical line one
over the other, not less thail 6 feet apart, and when towing more than one
vessel shall carry an additional bright white light 6 feet above or below
such lights, if the length of the tow, measuring from the stern of the
towing vessel to the stern of the last vessel towed, exceeds 600 feet. Each
of these lights shall be of the sarne construction and Character, and shall
be carried in the same position as the white light mentioned in Article
2 (a), except the additional light, which may be carried at a height of
not less than 14 feet above the. hull.

Such steam vessel may carry a small white light abaft the funnel or
aftermast for the vessel towed to steer by, such light shall not be visible
forward of the beam.

4.-(a) A vessel which from aily accident is not under command shall
carry at the same height as the white light mentioned in Article 2 (a),
where they can best be seen, and, if a steam vessel, in lieu of that light
two red lights, in a vertical line one over the other, not less thall 6 feet
apart, and of such a character as to be visible all round the horizon at a
distance of at least 2 miles; and shall by day carry, in a vertical line one
over the other not less than 6 feet apart, where they can best be seen,
two black balls or shapes each 2 feet in diameter.
(b) A vessel employed in laying or in picking up a telegraph cable
shall carry in the same position as the white light mentioned in Article
2 (a), and if a steam vessel, in lieu of that light, three lights, in a ver-
tical line one over the other, not less than 6 feet apart. The highest and
lowest of these lights shall be red, and the middle light shall be white,
and they shall be of such-a character as to be visible all round the
horizon, at a distance of at least 2 miles. By day she shall carry in a
vertical line one over the other, not less tban 6 feet apart, where they





can best be seen, three shapes not less than 2 feet in diameter, of which the
Iighest and lowest shall be ulobular in shape and red in colour, and the
middle one diamond in shape and white.
(c) The vessels referred to in this Article when not inaking way
through the water, shall not carry the side-lights, but when making way
shall carry them.
(d) The lights and shapes required to be shown by this Article are to
be taken by other vessels as signals that the vessel showing them is not

under command and cannot therefore (yet, out of the way.

These signals are not siunals of vessels in distress and requiring

assistance. Such signals are contained in Article 31.

5. A sailing vessel under way, and any vessel being towed, shall carry

the same lights as are prescribed by Article 2 for a steam vessel under
way, with the exception of the white lights mentioned therein, which
they shall never carry.

6. Whenever, as in the case of small vessels under way during bad
weather, the green and red side-lights cannot be fixed, these lights shall

be kept at hand lighted and readv for use and shall, on the approach of
or to other vessels, he exhibited ou their respective sides in sufficient
time to prevent collision. in such nianner as to make them most visible,
and so that the green light shall not be seen on the port side nor the red

light on the starboard side, nor, if practicable, more than 2 points abaft

the beam on their respective sides.

To make the use of these portable lights more certain and easy, the
lanterns containing them shall each be painted outside with the colour
of the light they respectively contain, and shall be provided with proper
screens.

7. Steam vessels of less than 40, and vessels under oars or sails of less
than 20 tons gross tonnage, respectively, and rowing boats, when under
way, shall not be obliged to carry the lights mentioned in Article 2 (a)
(b) and (c), but if they do not carry thein they shall be provided with the
following lights:-
1. Steam vessels of less than 40 tons shall carry:-
(a) in the fore part of the vessel, or on or in from of the funnel, where
it can best be seen, and at a height above the gunwale of not less than 9
feet, a bright white light constructed and fixed as prescribed in Article
2 (a),.and of such a character as to be visible at a distance of at least 2
miles-
(b) green and red side-lights constructed and fixed as prescribed in

Article 2 (b) and (c), and of such a character as to be visible at a distance





of at least 1 mile, or a combined lantern showing a green ligbtand a red

light from rightahead to 2 points abaft the beam on their respective sides.
Such lantern shall be carried not less than 3 feet below the white light.
2. Small steamboats, such as are carried by sea-going vessels, may

carry the white light at a less height than 9 feet above the gunwale, but
it shall be carried above the combined lauterfl, mentioned in sub-division
1 (b).
3. Vessels under oars of sails, of less than 20 tons, shall have ready at
hand a lantern with a green glass on one side and a red glass on the
other, which, on the approach of or to other vessels, shall be exhibited
in sufficient time to prevent collision, so that the green light shall not bo

seen oil the port side nor the red light on the starboard side.

4. Rowing boats, whether under wins or sail, shall have ready at hand
a lantern showing a white light, which shall bee temporarily exhibited in

sufficient tinie to prevent collision.
The vessels referred to ill this Article shall not be obliged to carry the

lights prescribed by Article 4 (a), and Article 11, last paragrapli.

8. Pilot-vessels, when engaged on their station on pilotage duty, shall
not show the lights required for other vessels, but shall carry a white
light at the masthead, visible all round the horizon, and sliall also
exhibit a flare-up lights or flare-up lights at short intervals,which shll
never exceed 15 minutes.
On the near approach of or to other vessels they shall have their side-
lights lighted, ready for use, and shall flash or show thein at short in

tervals, to indicate the direction in which they are heading but the

green lioht shall not be. shown on the popt side. nor the red light on the
starboard side.
A pilot-vessel of such a class as to be obliged to go alongside of a

vessel to put a pilot on board, may show the white light instead of carry-

ing it at the masthead, and may, instead of the coloured lights above
mentioned, have at hand ready for use a lantern with a green glass on
the one side and a red glass on the other, to be used as prescribed above.
A steam pilot-vessel exclusively employed for the service of pilots
licensed or certified by any pilotage authority or the committee of any
pilotage district, when engaged on her station on pilotage duty and not
at anchor, shall, in addition to the lights required for all pilot boats,
carry at a distance of 8 feet below her white masthead light a red light
visible all round the horizon and of such a character as to be visible on
a dark night with a clear atmosphere at a distance of at least 2 miles,
and also the coloured side-lights required to be carried by vessels whell
under way.





When engaged on her station on pilotaoc duty and at anchor she
shall carry, in addition to the lights required for all pilot boats, the red
light above mentioned, brit not the coloured side-light.

Pilot-vessels, when not engaged on their station on pilotage duty, shall
carry lights similar to those of other vessels of their tonnage.

9. Fishing-vessels and fishing-boats, when wnder way and when not
required by this article to carry or show the lights hereinafter specified
shall carryor show the llights prescibed for vessels of their tonnage
under way.

(a) Open boats, by which it is to be understood boeasts not protected
from the entry of sea water by means of a continuous deck, when
engaged in any fishing at night with outlying tackle extending not
more than 150 feet horizontally from the boat into the seaway shall
carry one all-round white light.

Open boats, when fishing at night, whith outlying tackle extending
more than 150 feet horizontally from the boat into the seaway, shall carry
one all-round white light, and in addition, on approaching or being
apporached by other vessels, shall show a second white light at least 3
feet below the first light and at a horizontal distance of at least 5 feet
away from it in the direction in which the outlying tackle is attached.

(b) Vessels and boats, except open boats as defined in sub-division (a)
when fishing with drift-nets, shall , so long as the nets are wholly or
partly in the water, caryy two hite lights where they can best be
seen. Such lights shall be placed so that the vertical distance between
them shal be not less than 6 feet and not moe than 15 feet,and so that
the horizontal distance between them, measured in a line with the keel,
shall be not less than 5 feet and not more than 10 feet. The lower of
these two lights shall be in the firection of the nets, and both of them
shall be of such a character as to show all round the horizon, and to be
visible at a distance of not less than 3 miles.

Within the Mediterranean Seat and in the seas bordering the coast of
Japan and Corea sailing fishing vessels of less than 20 tons gross
tonnage shall not be obliged to carry the lower of thses two lights;
should they, however, not carry, it they shall show in the same position
(in the direction of the net or gear) a white light, visible at a distance
of not less than one sea mile, on the approach of or to other vessels.





(c) Vessels and boats, except open boats as defined in sub-division (a.)
when line-fishing with their lines out and attached to or hauling their
lines, and when not at anchor or stationary within the meaning of sub-
division (h), shall carry the same lights as vessels fishing with drift-nets.
When shottinglines, or fishing with towing lines, they shall carry the
lights prescribed for a steam or sailing vessel under way respectively.

Within the Medieterranean Seat and in the seas bordering the coasts of
Japan and Corea sailing fishing vessels of less than 20 tons gross
tonnage shall not be obliged to carry the lower of these two lights;
should they, however, not carry it, they shall show in the same position
(in the direction of lines) a white light, visible at a distance of not
less than one sea mile on the approach of or to other vessels.

(d) Vessels when engaged in trawling, by which is meant the drag-
mentioned in Article 2 (a), a tricoloured lantern so constructed and fixed
so to show a white light from right ahead to 2 points on each bow,
and a green light and a red light over an arc of the horizon from
2 points on each bow to 2 points abaft the beam on the starboard
and port sides respectively; and not less than 6 nor more than 12 feet
below the tricloured lantern a white light all round the horizon;
as to show a clar, uniform, and unborken light all round the horizon;

2. if sailing vessels, shall carry a white light in a lantern, so con-
structed as to show a clear, uniform, and unbroken light all round the
horizon, and shall also, on the approach of or to other vessels, show
where it can best be seen a white flare-up light or torch in sufficient time
to prevent cllision.

All lights mentioned in sub-dividion (d) 1 and 2 shall be visible at a
distance of at least 2 miles.

(e) Oyster dredgers and othe rvessels fishing with dredge-nets shall
carry and show the same lights as trawlers.

(f) Fishing-vessels and fishing-boats may at any time use a flare-up
light in addition to the ligths which they ae by this Article required to
carry and show, and they may also use working lights.

(g) Every fishing-vessels and fishing-boats under 150 feet in
length, when at anchor, shall exhibit a white light visible all round the
horizon at a distrance of at least on mile.

Every fishing-vessel of 150 feet in length or upwards, when at anchor,
shall exhibit a white light visible all round the horizon at a distance of








at least one mile, and shall exhibit a second light as provided for vessels
of such length by Article 11.

Should any such vessel, whether under 150 feet in length, or of 150
feet in length or upwards, be attached to a net or other fisnhing gear, she
shall on approach of other vessels show an additional white light at
least 3 feet below the anchor light, and at a horizontal distance of at
least 5 feet away from it in the direction of the net or gear.

(h) If a vessel or boat when fishing becomes stationary in conse~
quence of her gear getting fast to a rock or other obstruction, she shall
in day-time haul down the day-signal required by sub-division (k) : at
night show the lights prescribed for a vessel at anchor ; and during fog,

mist,falling snow, or heavy rain-storms make the signal prescribed for

a vessel at anchor. (see sub-division (d). and the last paragraph of
Article 15.)

(i) In fog, inist, falling ,now, or heavy rain-storms, drift-net vessels
attached to their nets, and vessels when trawling, dredging or fishing
with ally kind. of dracr-net, and vessels line-fishiwy with their lines out
shall, if of 20 toils gross tonnage or upwards, respectivelv, at intervals
of not more than one minute make a blast; if steam. vessels, with the
whistle or siren, and if sailing vessels, with the fog-horn ; each blast to
be followed by ringing the bell. Fishing vessels and boats of less than
20 tons gross tonnage shall not be obliged to give the above-inentioned
signals; but if they do not, they shall inake some. other efficient sound
sianal at intervals of not more than one minute.

(k) All vessels or boats fishing -with nets or lines or trawls, when
under way, shall in daytime indicate their occupation to an approaching
vessel by displaying a basket or other efficient signal where it can best
by seen. If vessels or boats at anchor have their aear out, they shall,
on the approach of other vessels show the same signal on the side on
which those vessels can pass.

The vessels required by this Article to carry or show the lights herein-
before specified shall not be obliged to carry the lights prescribed by
Article 4 (a), and the last paragraph of Article 11.

10. A vessel which is being overtaken by another shall show from
her stern to such last mentioned vessel a white light or a flare-up light.

The white light required to be shown by this Article may be fixed

awd carried in a lantern, but in sul case the lantern shall be so con-
structed, fitted, and screened that it shall throw an unbroken light ovel.
an are of the horizon of 12 points of compass, viz., for 6 points from
right aft on each side of the vessel, so as to be visible at a distance of at





least on mile. Such light shall be carried as nearly as practicable on
the same level as the side- lights.

11. A vessel under 150 feet in length, when at anchor, shall carry
forwar, where it can beat be seen, but at a height not exceeding 20
feet above the hull, a white light in a lantern so constructed as to show
a clear, uniform, and unbrken light bisible all around the horizon at a
distance of at least 1 mile.

A vessel of 150 feet or upwards in length, when at anchor, shall carry
in the forward part of teh vessel, at a height of not less than 20, and
not exceeding 40 feet, above the hull, one such light, and at or near
the sternof the vessel and at such a height that it shall be not less than
15 feet lower than the forward light, another such light.

The length of a vessel shall be deemed to be the length appearing in
her certificate of registry.

A vessel aground in or near a firway shall carry the above light or
lights and the two red lights prescribed by Article 4 (a)

12. Every vessel may, if necessary in order to attract attention,in
addition to the lights which she is by these Rules required to carry,
show a flare-up light or use any detonating signal that cannot be mis
taken fro a distress singal.

13. nothing in thsee Rules shall interfere with the operation of any
special rules made by the government of any nation with respect to
additional station and singnal lights for two or more ships of war or for
vessels sailing under convoy, or with the exhibition of recognition
signals adopted by shipowners, which have been authorised byt their
respective Governments and duly registered and published.

14. A steam vessel proceeding under sail only, but having her funnel
up, shall carry in daytime, forward, where it can best be seen, one black
ball or shap 2 feet in diameter.

Sound-signals for fog.&c.

15. All signals prescribed by this Article fro vessels under way shall
be given:-

1. by 'steam vessels' on the whistle or siren;

2. by 'sailing vessels and vessels towed' on the fog-horn.

the words 'prolonged blast' used in this Article, shall mean a blast
of from 4 to 6 seconds duration.

A steam vessel shall be provided with an efficient whistle or siren,
sounded by steam or some substitute for steam, so placed that the
sound may not be intercepted by any obstruction, and with an efficient






fog-horn, to be sounded by mechanical nicans, and also with an efficient
bell.* A sailing vessel of 20 tons gross tonnacre or upwards shall be
provided with a similar fog-horn and bell.


It, fof, mist, falling snow, or heavy rain-storms, whether by day or

night, the signals described in this Article shall be used as follows,
viz. :-

(a) A steaul vessel having way upon her, shall sound, it intervals of
not more than 2 minutes, a prolonged blast.

(b) A steam vessel under way, but stopped and having no way upon
her, shall sound. at intervals of not inore than 2 minutes., two prolonged
blasts, with an interval of about one second between their.

(c) A sailincy vessel under way shAl sound, at intervals of not more

than one ininute, when on the starboard tack one blast, when on the port
tack two blasts in succession, and when with the wind abaft the beani
three blasts in succession.

d) A vessel when at anchor. shall, at intervals of not more than
one minute, ring the bell rapidly for about .5 seconds.

(e) A vessel, when towing, a vessel employed in laying or in pick-
ing up a telegraph cable, and a vessel under way, which is unable to
get out of the way of an approaching vessel through being not under
command,or unable to manoeuvre as required by these Rules shall,
insteadd of the signals prescirbed insub-divisions (a) and (c) of this
Article, at intervals of not more than 2 minutes, sound three blasts in
succession, viz: one prolonged blast follwed by two shor balsts. a
vessel towed may give this signal and she shall not give any other.

Sailing vessels and boats of less than 20 tons gross tonnage shall not
be obliged to give the above-mentioned signals, but if they do not, they
shall make some other efficient sound-signal at intervals of not more
than one minute.

Speed of ships to be moderate in Fog,&c

16. Every vessel shall, in fog, mist, falling snow, or heavy rain-
storms, go at a moderate speed, having careful regard to the existing
circumstances and conditions.




A steam vessel hearing, apparently forward of her beam, the foe,

signal of a vessel the position of which is not ascertained, shall, so far
as the circumsLances of the case admit, stop her engines, and then

navigate with caution until danger of collision is over.

Steering and Sailing Rides.
Risk of collision can, when. circumstances pertnit, lie ascertained
by carefully watching the compass bearing of an approaching vessel.
C
If the bearing does not appreciably change, such risk should be deemed
to exist.

17. When two sailing vessels are approacching one. another, so as

to involve risk of collision, one of them shall keep out of the way of
the other, as follows, viz. :-
(a) A vessel which is running free shall keel) out of the way of a
vessel which is close-hauled.
(b) A vessel which is close-hauled on the port tack shall keep out
of the way of a vessel which is close-hauled on the starboard tack.
(c) Whell both are running free, -,vith the wind on different sides,
the vessel which has the Wind ou the port side shall keep out of the
way of the other.
(d) When 1)oth are running free, with the wind on the same side,
the vessel which is to windward shall keel) out of the wa.y of the vessel
which is to jeesvard.
(e) A vessel which has the wind aft shall keep out of the way of the
other vessel.

18. SY, hen two steam vessels are meetina end on, or nearly end on
so as to involve risk of collision, each shall alter her course to star-
board, so that each may pass on the port side of the other.
This Article only applies to cases where vessels are ineeting end on,
or nearly end on, in such a manner as to involve risk of collision, avid
does not apply to two vessels which must, if both keel) on their respec-
tive courses, pass clear of each other.
The only cases to which it does apply are when each of the two
vessels is end on, or nearly end on, to the other ; in other words, to
cases in which, by day, oach vessel sees the inasts of the other in a line
or nearly in a line, with her own ; and, by night, to cases in which
each vessel is in such a position as to see both the Side-lights of the
other.
It does not apply, by day, to cases in which a vessel sees another
ahead crossing fier own course ; or by night, to cases where the red
light of one vessel is opposed to the red light of the other, or where the





green light of one vessel is opposed to the green light of the other, or
where a red lio-lit without a green light, or a green light without a red

light is scen ahead, or where both green and red lights are see any-

where but alioad.

19. Wlien two steam vessels, are crossing, so as to involve risk of
collision, the vessel which has the other on her own starboard side shall
keep out of the way of the other.
20. When a steam vessel and a sailing vessel are proceeding in such

directions as to involve risk of collision, the steam vessel shall keel)
out of the way of the sailim. vessel.

0 21. Where by anv of these Rules. one of two vessels, is to keep out
of the way the other shall keep her course and speed.

-When, in consequence of thick weather or other causes, such
vessel finds herself so close that collision cannot be avoided by the action
of the aiving-way vessel alone, she also shall take such action as will

best aid to avert collision. (see Articles 27 and 2g.)

22. Every vessel which is directed bY these Rules to keep out of the
way of allotiter vessel shall, if the circunistances of the case admit, avoid
crossinu alicad of the other.
n
23. Every steam vessel which is directed by these Rules to keel) out
of the way of another vessel shall. on approaching her, if necessary
slacken her speed ot. stop ot. reverse.

24. Notwitlistanding anything contained in these Rules. every
vessel, overtaking any other,shall keep out of the wav of the overtaken

vessel.
Every vessel coming tip with another vessel front any direction more
than 2 points abaft her beam, i.e., in such a position, with reference to
,the vessel which she is overtaking, that at night slic would be unable
to see either of that vessel`s side-lights shall be deemed to be an
overtaking vessel ; and no subsequent alteration of the hearing between
the two vessels shall make the overtaking vessel a crossing vessel with-
in the ineanincr of these Rules, or relieve her of the duty of keeping
clear of the overtaken vessel until she is finally past and clear.
As by day the overtaking vessel cannot always knom, with certainty
whether she is forward or abaft this direction from the other vessel,
she should, if in doubt, assume that she is an overtaking vessel and
keep.out of the way.

25. In narrow channels every steam vessel shall, when it is safe and
practicable, keep to that side of the fair-way or mid-channel which lies
on the starboard side of such vessel.





26. Sailing vessels tinder way shall keep out of the way of sailing

vessels or boats fishing with nds, or lines, or trawls. This Rule shall
not give to any vessel or boat engaged in fishing the right of obstructing
a fairway used by vessels other than fishing vessels or boats.

27. ln obeyingand construing these Rules, due regard shall be had to

all dangers of navigation and collision, and to any special cireumstances
which may render a departure front the above Rules necessary in order
to avoid immediate danger.

Sound signals fro Vessels in Sighte of one another
28. The words ' short blast ' used in this Article shall mean a blast
of about one second's duration.
When vessels are in sight, of one another, a steam vessel under way,
in taking any course authorised or required by these Pules, shall in-
dicate that course by the following signals on her whistle or siren, viz:-
one short blast to mean, ' I am directing my con rse to starboard.'
two short blasts to mean, ' I am directing my, Course to port'
three short blasts to mean, ' My engines are going full speed astern.---


No Vessel under any circumstances to neglact proper preacutions.
29. Nothing in these Rules shall exonerate any or the owoer,
or master, or crew thereof, front the consequences of' ally neglect to
carry lights or signals, or of any negleet to keep a proper look-out or of

the negleet of any precaution which may be required by tbe ordinar.,
practice of seamen, or by the special circumstances of the case.

Reservation of Rulesfor flarbours and Inland Nevigaion.
30. Nothing in these Rules shall interfere with the operation of a
special rule, duly made by local authority, relative to the navio-ation of
any harbour, river, or inland waters.

distress Signals.
31. When a vessel is in distress and requires assistance front other
vessels or from the shore, the following shall be the signals to be used

or displayed by her, either together or separately, viz.:-
In the daytime-
1. a gun or other explosive signal fired at intervals of about a
minute
2. the International Code Agnal of distress indicated by NC;





3. the distantconsisting of a square flag, having either
above or below it a ball or anything resembling a ball;

4. A continuous sounding with any fog-signal apparatus.
At night-

1. a gun or other explosive signal fired at intervals of about a
minute

2. flames on the vessel (as front a burning tar-barrel, &c.);
3. rockets or shells, throwing stars of any colour or description,
fired One at a time, at short intervals
4. a continuous sounding with any fog-signal apparAus.

SCHEDULE IL

List of countries to which the Regulations ronfained in Schedule 1
apply, subject to the and eonditions stated in the Order and the
Schedule.
Argentine Republic. Italy.
Alistria-Huno.ars Japan.
Bellgium Mexico.
Brazil. Netherlands.
Bulgaria. Norway.
Chile. Peru.
China. Portucyal.
Costa Rieu. Roumania.
Deninark. Russia.
Ecuador. Siam.
Egypt. Spain.
France. Sweden.
Gerniany. Turkey.
Greece. United States.
Guatemala. Venezuela.

SCHEDULE 11.1.

Orders in Council revoked.
14th August, 1879-Approving new regulations for British vessels, and

applying them to the vessels of certain foreign countries.
27th November, 1880.-Applying the regulations of 1879 to the vessels of
certain other foreign countries.
9th September, 1884.-Applying the reaulations of 1884 to French vessels.




30th Decei-nber, 1884-Applying the same rwnilations to the vessels of
certain other foreign countrie 16th May,1885-Applying the same regulations to the vessels of celtaill
other foreign coinitries.

9th July, 1885.-Applying the same regulations to Turkish vessels.
17th September, 188.5.--Applyinh the same regulations to Chilian vessels.
18th Anatist, 1894-Approving regulations as to the lights of British
steam pilot vessels.
279th November, 1891-Approving new regulations for British ships.
C) 7th July, 1897.-Directing that the Order of 1892 shall be construed aS
referring to the regalations of 1897th July, 1897.-A pplying tbe regulations of 1896 to the vessels of certain
foreign countries.
4th April, 1906.-Approving new regulations for British fishing vessels.

NOTE :-The regulations of 1879 (with the exception of Article 10)

still apply to ships belonging to Khelat, Muscat, Zanzibar, Cochin, Travan-

core, Kutch, and Kattyawar. it has not, however, been thought necessary
to print them. They lie found in 'Statutory Rules and Orders', Vol 8.
tit. ' Merchant Shipping ' p. 248.

THE MARITIME CONVENTIONS ACT, 1911.

1 Geo. V. c. 57:-

AN ACT to amend the Law relating to Merchant Shipping with a
view to enabling certain Conventions to be carried into effect.
[16th December, 1911.]

WHEREAS at the Conference lield at Brussels in the year 1910
two conventions, dealing respectively with collisions between vessels and
with salvage, were signed on behalf of His Majesty, and it is desirable
that such arnendments Should be made in the law relatino, to merchant.
shipping as will enable effect to be given to the conventions

Provisions as to Collisions, &c.,
1.-(1) Where, by the fault of two or more vessels, damage or loss

is caused to one or more of those vessels, to their cargoes or freight, or

to any property on board, the liability to make good the damage or loss
shall be in proportion to the degree in which each vessel was in fault:

Provided that-
(a) if, having regard to all the circumstances of the case, it is not
possible to establish different degrees of fault, the liability shall be
apportioned equally; and





(b) nothing in this section shall operate so as to render any vessel
liable for any loss or damage to which her fault has not contributed;
and
(c) nothing in this section shall affect the liability of any person un-
der a contract of carriage or any contract, or shall be construed as
imposing any liability upon any person from which he is exempted by
,any contract or by any provision of law, or as affecting the right of any
person to limit his liability in the manner provided by law.
(2) For the purposes of this Act, the expression 'freight' includes
passage money and hire, and references to damage or loss caused by the
fault of a vessel shall be construed as including references to any sal-
vage or other expenses, consequent upon that fault, recoverable at law
by way of damages.

2. Where loss of life or personal injuries are suffered by any person
on board a vessel owing to the fault of that vessel and of any other
vessel or vessels, the liability of the owners of the vessels shall be joint
and several:

Provided that nothing in this section shall be construed as depriving
my person of any right of defence on which, independently of this
section, he might have relied in an action brought against him by the
person injured, or any person or persons entitled to sue in respect of
such loss of life, or shall affect the right of any person to limit his
liability in cases to which this section relates in fire manner provided
by law.

3.-(1) Where loss of life or personal injuries are suffered by any
person on board a vessel owing to the fault of that vessel and any other
vessel or vessels, and a proportion of the damages is recovered against
the owners of one of the vessels which exceeds the proportion in which
she was in fault, they inay recover by way of contribution the amount
of the excess from the owners of the other vessel or vessels to the extent
to which those vessels were respectively, in fault:

-Provided that no ainOUDt shall be so recovered which could not, by
reason of any statutory or contractual limitation of, or exemption from,
liability, or which could not for -any other reason, have been recovered
in the first instance as damages by the persons entitled to sue therefor.

(2) In addition to any other remedy provided by law, the persons
entitled to any such contribution as aforesaid shall, for the purpose of
recovering the same, have, subject to the provisions of this Act., the
same rights and powers as the persons entitled to sue for damages in the
first instance.





4.-(1) Sub-section (4) of section 419* of the Merchant Shipping
Act, 1894, (which provides that a ship shall be deemed in fault in a ease
of collision where any of tile Collision Regulations have been infringed
by that ship), is hereby repealed.
(2) The failure of the master or person in charge of a vessel to
comply with the provisions of section 422 of the Merchant Shipping
Act, 1894, (which imposes a duty upon -masters and persons in charge
of vessels after a collision to stand by and assist the other vessel), shall
not raise Lily presumption of law that the. collision was caused by his
wrongful act, negleet, or default, and accordinuly sub-section (2) of
that section shall be repealed.

5, Any enactment which confers on any Court of Admiralty jurisdic-
tion in respect of dainage shall have effect as though references to such
damage included references to damages for loss of life or personal
injury, and accordingly proceedings in respect of such damages may be
broualit in rem or in personam.

Provisimis as to Salvage
6.-(1) The master or person in charge of a vessel shall, so far as he
can do so without serious danger to his own vessel, her crew and pas-
sengers (if ,any), render assistance to ever person, even if such person
be a subject of a foreign State at war with His Majesty, who is found
at sea in danuer of beiner lost and. if he fails to do so, lie shall be guilty

of a misdemeanor.
(2) Compliance by the master or person in charge of a vessel with
the provisions of this section shall not affect his right or the right of
any other person to salvage.

7. Where any dispute arises as to the apportionment of ally amount
of salvaue aniono. the owners, master, pilot, crew, and other persons in
the service of -any foreign vessel, the amount. shall be apportioned by
the Court or person making the apportionment in accordance with the
law of tile country to which the vessel belongs.

General provisimis.
8. No action shall be maintainable to enforce any claim or lien
against a vessel or her owners in respect of any damage or loss to
another vessel, her cargo or freight, or ally property on board her,
or damages for loss of life or personal injuries suffered by any person
on board her, caused by the fault of the former vessel, whether such
vessel be wholly or partly in fault, or in respect of any salvage services,
unless proceedings therein are commenced within 2 years from the date





when the damage or loss or injury was caused ol. the salvage services
were rendered, and an action shall not be maintainable under this Act
to enforce any contribution in respect of all overpaid proportion of any
damages for loss of life or personal injuries unless proceedings therein

are commenced within one year front the date of payment

Provided that any Court having jurisdiction to deal with an action
to which this section relates inay, in accordance -,vith the rules of court,
extend any such period, to such extent and oil such conditions as it
thinks fit, and shall, if satisfied that there has not during such period
been any reasonable opportunity of arresting tbe defendatit vessel within
the jurisdiction of the Court, ot. within the territorial waters of the
country to which the plaintiff's ship belong or in which the plaintiff
resides or has his principal place of business, extend any suell period to
an extent sufficient to give such reasonable opportunity.

9.-(1) This Act shall extend throughout His Majesty's dominions

and to ally territories tinder his protection, and to Cyprus

Provided that it shall not extend to the Dominion of Canada, the
Commonwealth of Australia, the Dominion of New Zealand, the Union
of Africa, and Newfoundland.
(2) This Act shall not apply in any case in which proceedings have
been taken before the passing thereof and all such cases shall be deter-

mined as though this Act had not been passed.


(3) The provisions of this Act shall be applied in all cases licard and
determined in lily Court having jurisdiction to deal with the case and
ill whatever waters the damage or loss in question m-as caused, or the
salvage services in question were rendered, and sub-section (9) of section
2.5 of the Suprenic Court of Judicature Act, 10873, shall cease to have
effect.
(4) This Act shall apply to any persons other than the owners
responsible for the fault of the vessel as though the expression owners'
included such persons, and ill any case where, by virtue of any charter
or demise, or for ally other reason, the owners are no t responsible for
the navigation and management of the vessel, this Act shall be read
as though for references to the owners there. were substituted re-
ferences to the charterers or other persons for the time being so re-
sponsible.

16. This Act may be cited as the Maritime Conventions Act, 1911,
and shall be construed as one with the Merchant Shipping Acts, 1894
to 1907.
*[M.S. Act, 1894, ss 418, 424, 434, 734: see Part Vi.] Interpretation. Application of Rules. Steam vessel under way. Rules as to Lights. Steam vessel towing another vessel. Vessel not under command from accident. Vessel laying or picking up cable. Rules as to Lights. [r. 4 contd.] Sailing vessel under way; any vessel being towed. When side lights cannot be fixed, to be kept ready for use. Exceptions. Steam vessels of less than 40 tons. Rules as to Lights [r. 7 contd.] Small steam-bosts. Vessels under oars or sails of less than 20 tons. Rowing boats. Pilot-vessels. Steam pilot-vessels. Rules as to Lights. [r. 8 contd.] Fishing vessels and boats under way. Open boats. Vessels and boats fishing with drift-nets. Rules as to Lights [r. 9 contd.] Trawlers: Steam vessels. Sailing vessels. Vessels with dredge-nets. Vessels and boats at anchor. Rules as to Lights [r. 9 contd.] Vessels and boats stationary from getting fast. Fishing vessels in bad weather. Fishing vessels and boats to carry special signal. Overtaken vessel. Rules as to Lights. [r. 10 contd.] Vessel at anchor. Vessel aground in or near fairway. Special signals when necessary. Saving for specially authorised lights and signals. Steam vessel under sail, with funnel up. Vessels under way. Forms of signals. Fog signals. [r. 15 contd.] Steam vessel under way. Sailing vessel under way. Vessel at anchor. Vessel towing, or laying or picking up cable. Sailing vessels and boats of less than 20 tons. Speed of ships in fog. Fog signals. [r. 16 contd.] Steam vessel hearing fog signal forward of her beam. Risk of collision how to be ascertained. Two sailing vessels approaching. Two steam vessels meeting ernd on. Steering and Sailing Rules [r. 18 contd.] Two steam vessels crossing. Steam and sailing vessels. One vessel 'to keep out of the way' the other to keep her course and speed. Vessel to keep out of the way not to cross ahead. Steam vessel to slacken, stop or reverse. Overtaking to keep out of way of over-taken vessel. Steam vessels in narrow channels. Steering and Sailing Rules. Sailing vessels under way to keep out of way of fishing vessels. Departure from rules in order to avoid immediate danger. Vessels in sight of one another. Proper lights to be carried, and look-out kept. Saving for local rules of navigation. Signals from vessels reequiring assistance. Distress Signals.[r. 31 contd.] Orders in Council revoked. [contd.] Rule as to division of loss. Act of 1911. [s. 1 contd.] Damages for personal injuries. Right of contribution. Abolition of statutory presumptions of fault. *[cf. P. 230.] Jurisdiction in case of loss of life or personal injury. General duty to render assistance to persons in danger at sea. Apportionment of salvage amongst owners, &c., of foreign ship. Limitation of actions. Act if 1911. [s. 8 contd.] Application of Act. [36 & 37 Vict. C. 66.} Short title and construction.

*[M.S. Act, 1894, ss 418, 424, 434, 734: see Part Vi.] Interpretation. Application of Rules. Steam vessel under way. Rules as to Lights. Steam vessel towing another vessel. Vessel not under command from accident. Vessel laying or picking up cable. Rules as to Lights. [r. 4 contd.] Sailing vessel under way; any vessel being towed. When side lights cannot be fixed, to be kept ready for use. Exceptions. Steam vessels of less than 40 tons. Rules as to Lights [r. 7 contd.] Small steam-bosts. Vessels under oars or sails of less than 20 tons. Rowing boats. Pilot-vessels. Steam pilot-vessels. Rules as to Lights. [r. 8 contd.] Fishing vessels and boats under way. Open boats. Vessels and boats fishing with drift-nets. Rules as to Lights [r. 9 contd.] Trawlers: Steam vessels. Sailing vessels. Vessels with dredge-nets. Vessels and boats at anchor. Rules as to Lights [r. 9 contd.] Vessels and boats stationary from getting fast. Fishing vessels in bad weather. Fishing vessels and boats to carry special signal. Overtaken vessel. Rules as to Lights. [r. 10 contd.] Vessel at anchor. Vessel aground in or near fairway. Special signals when necessary. Saving for specially authorised lights and signals. Steam vessel under sail, with funnel up. Vessels under way. Forms of signals. Fog signals. [r. 15 contd.] Steam vessel under way. Sailing vessel under way. Vessel at anchor. Vessel towing, or laying or picking up cable. Sailing vessels and boats of less than 20 tons. Speed of ships in fog. Fog signals. [r. 16 contd.] Steam vessel hearing fog signal forward of her beam. Risk of collision how to be ascertained. Two sailing vessels approaching. Two steam vessels meeting ernd on. Steering and Sailing Rules [r. 18 contd.] Two steam vessels crossing. Steam and sailing vessels. One vessel 'to keep out of the way' the other to keep her course and speed. Vessel to keep out of the way not to cross ahead. Steam vessel to slacken, stop or reverse. Overtaking to keep out of way of over-taken vessel. Steam vessels in narrow channels. Steering and Sailing Rules. Sailing vessels under way to keep out of way of fishing vessels. Departure from rules in order to avoid immediate danger. Vessels in sight of one another. Proper lights to be carried, and look-out kept. Saving for local rules of navigation. Signals from vessels reequiring assistance. Distress Signals.[r. 31 contd.] Orders in Council revoked. [contd.] Rule as to division of loss. Act of 1911. [s. 1 contd.] Damages for personal injuries. Right of contribution. Abolition of statutory presumptions of fault. *[cf. P. 230.] Jurisdiction in case of loss of life or personal injury. General duty to render assistance to persons in danger at sea. Apportionment of salvage amongst owners, &c., of foreign ship. Limitation of actions. Act if 1911. [s. 8 contd.] Application of Act. [36 & 37 Vict. C. 66.} Short title and construction.

https://oelawhk.lib.hku.hk/items/show/1052

RULES FOR APPEALS TO THE PRIVY COUNCIL

PART VII

A SELECTION FROM THE

RULES OF PROCEDURE APPLICABLE TO HONGKONG,
I-Rules for Appeals to the. Privy Council.

Additional Instructions, August, 1909.
Rules.

Judicial Committee Rules, 1908.

2-P,egulations for preventing Collisions at Sea and as to Signals of Distress.

Order in Council, 13th October, 1910.
Consolidated Rules.

Maritime Conventions Act, I9IL-1 Geo. Y. c. 57.

3-.Mail Ships Act, 1891,-54 & 55 Vict. c. 31.

Mail Ships (France) Order, in Council, 6th February, 1892.
Convention with France, 1890.

Rules of Court, 1892, r. 24.

Mail Ships PUICS, 1895.

4-Relief of Distressed Seamen.

Regulations by Board of Trade, 1908.





I-RULES FOR APPEALS TO THE PRIVY COUNCIL.

ADDITIONAL INSTRUCTIONS, passed under the Royal Sign
Manual and Signet to the Governor and Commander-in-Chief
of the Colony of Hongkong, revoking Additional Instructions,
dated 21st January, 1846, as to Appeals from the Supreme
Court of that Colony to the Sovereign in Council.

LDated 10th August, 1909.] Edward R. I

ADDITIONAL INSTRUCTIONS to Our Governor and Commander-
in-Chief in and over Our Colony of Hongkong and its
Dependencies and to Our Lieutenant- Governor or other
officer for the finie being adininistering the Govern-

ment of Our said Colony and its Dependencies.
WHEREAS: Her late Majesty Queen Victoria was
pleased by certain Additional instructions under the
Royal Sign Manual and Signet, dated the 21st January,
1846, and confirmed by Article XXVII of Her In-
structions dated the 19th January, 1888, to make
provision for permitting and regulating appeals to the
Sovereign in Council from the Supreme Court of our
Colony of Honakong and its Dependencies
A N D WHEREAS oy an Order in Our Privy Couneil
bearing even date herewith We have ordered that the
Itules therein set out shall henceforth reaulate all
appeals to Us: in Council froni our said Colony and its
Dependencies:
NOW THEREFORE We do by these Our Additional
Instructions under Our Sign Manual -and Sianet revoke
forthwith, but Without prejudice to anything. lawfully
done thereunder, the said Additional Instructions of
21stJanuary, 1846, so confirnied as aforesaid.
Given at Our Court at Saint James's this 10th day of August,
1909, in the 9th Year of Our Reign.

At The Court at Buckingliani Palace, the 10th day of
August, 1909.

PRESENT:
The King's Most Excellent Majesty.

WHEREAS Her late Majesty Queen Victonia was pleased by her In-
structions under the Royal Sign Manual and Signet dated the 21st day





of January, 1846, and confirmed by Article XXVII of Her Majesty's
Instructions dated the 19th day of January, 1888, to make provision for
permitting and regulating Appeals to Her Majesty in Council from the
Supreme Court of the Colony of Hongkong and its Dependencies:
AND WHEREAS it is expedient, with a view to equalizing as far as
may te the conditions under which His Majesty's subjects in the British
Dominions beyond the Seas shall have a right of Appeal to His Majesty
in Council and to promoting uniformity in the practice and procedure
in all such Appeals that new provision should be made for Appeals from
the said Supreme Court to His Malesty in Council:
AND WHEREAS His Majesty has been pleased by His Instructions under
the Royal Sign Manual and'Signet bearing even . date with this Order to
revoke the said Instructions dated the 21st day of January, 1846, so
confirmed as aforesaid:
IT IS HEREBY ORDERED by the King's Most Excellent Majesty, bv and
with the advice of his Privy Council, that the Rules hereunder set out
shall regulate all Appeals to his Majesty in Council from the said Colony
of Hongkong and its Dependencies.

1. In these Rules, unless the context otherwise requires:-
' Appeal ' means Appeal to His -Majesty in Council
' His Majesty ' includes His Majesty's heirs and successors
' Judgment ' includes decree, order, sentence or decision ;
' Court means either the Full Court of the Supreme Court of
Hongkong or other the highest Court of Appeal for the time being
established in the Colony of Hongkong, or a single Judge of such
Supreme Court or Court of Appeal, according as the matter in question
is one which, under the rules and practice for the time being in force in
such Supreme Court or Court of Appeal, properly appertains to the
said Full Court or to a sinale Judge of such Supreme Court or Court
of Appeal;
Record ' means the aggregate of papers relating to all appeal
(including the pleadings, proceedings, evidence and judgments) proper
to be laid before His Majesty in Council on the hearing of the appeal ;
Reuistrar ' means the Reuistrar or other proper officer having the

custody of the records in the Court appealed from
' Month ' means calendar month;
Words in the singular include the plural, and words in the plural
include the singular.
2. Subject to the provisions of these Rules, an appeal shall lie-
(a) as of right, from any final judgment of the Court, where the
matter in dispute on the appeal amounts to or is of the value of $5,000
or upwards, or where the appeal involves, directly or indirectly, some
claim or question to or respecting property or some civil right amount-
ing to or of the value of $5,000 or upwards; and





(b) at the discretion of the Court, frorn any other judgment. of the
Court, whether final or interlocutory, if, in the opinion of the Court,
the question involved in the appeal is one which, by reason of its great
general or public importance, or otherwise, ought to be submitted to
His Majesty in Council for decision.

3. Applications to the Court for leave to appeal shall be made by
motion or petition within 14 days from the date of the judgment to be
appealed from, and the applicant shall give the opposite party 7 days
notice of his intended a plication and such notice may be given at any

time during the said period of 11 days,

4. Leave to appeal under Rule 2 shall only be granted by the Court
in the first instance:-
(a) upon condition of the appellant, within a period to be fixed by
the Court, but not exceeding 3 months from the date of hearing of
the application for leave to appeal, entering into good and sufficient
security, to the satisfaction of the Court, in a sum not exceeding $5,000,
for the due prosecution of the appeal, and the payment of all such
costs as may become payable to the respondent in the event of the
appellant's not obtaining an order granting him final leave to appeal,
or of the a peal being, dismissed for non-prosecution, or of His Majesty

in Council ordering the appellant to pay the respondent's costs of the
appeal (as the case may be); and
(b) upon such other conditions (if any) as to the time or times within
which the appellant shall take the necessary steps for the purpose of
procuring the preparation of the record and the despatch thereof to
England as the Court, having regard to all the circumstances of the case,
may think it reasonable to impose.

5. Where the judgment appealed from requires the appellant to pay
money or perform a duty, the Court shall have power, when granting
leave to appeal, either to direct that the said judgment shall be carried
into execution or that the execution thereof shall be suspended pending
the appeal, as to the Court shall seem just.
In ease the Court shall direct the said judgment to be carried into
execution, the person in whose favour it was given shall, before the
execution thereof, enter into good and sufficient security, to the satisfac-
tion of the Court, for the due performance of such order as His Majesty
in Council shall think fit to make thereon, and in case the Court shall
direct that the execution of the said judgment shall be suspended
pending the appeal the appellant shall enter into security to the satisfac-
tion of -the Court to the same and like effect as aforesaid.

6. The preparation of the record shall be subject to the supervision
of the Court, and the parties may submit any disputed question arising





in connection therewith to the decision of the Court, and the Court shall
give such directions thereon as the justice of the case may require.

7. The Reuistrar, as well as the parties and their legal agents, shall

endeavour to exclude from the record all documents ( more particularly
such as are merely formal) that are not relevant to the subject-matter
of the appeal, and generally to reduce the bulk of the record as far as
practicable, taking special care to avoid the duplication of documents
and the unnecessary repetition of headings and other merely formal

parts of documents; but the documents omitted to be copied or printed
shall be enumerated in a list to be placed after the index or at the end
of the record.

8. Where in the course of the preparation of a record one party
objects to the inclusion of a document on the ground that it is un-
necessary or irrelevant, and the other party nevertheless insist upon
its being included, the record, as finally printed (whether in flong-
kong or in England), shall, with a view to the subsequent adjustment
Of the costs of and incidental to such document, indicate in the index,
of papers or otherwise, the fact that, and the party by whom, the
inclusion of the document was objected to.

9. The record shall be printed in accordance with the rules set forth
in the schedule hereto. It may be so printed either in Hongkong or in
England.

10. Where the record is printed in Hongkoncy the Registrar shall,
at the expense of the appellant, transmit to the Registrar of the Privy


Council. 40 copies of such record, one of which copies lie shall certify
to be correct by signing his name on, or initialling, every eighth page

thereof and by affixing thereto the seal, if any, of the Court.

11. Where the record is to be printed in England, the Registrar shall
at the expense of the appellant, transmit to the Registrar of the Priv -
Cotincil one certified copy of such record, together with an index of all
the papers and exhibits in the case. No other certified copies of the
record shall be transmitted to the agents in England by or on behalf of
the parties to the appeal.

12. Where part of the record is printed in Hongkong and part is to
be printed in England, rules 10 and 11 shall, as far as practicable, apply

to such parts as are printed in Hongkong and such parts as are to be
printed in England respectively.

13. The reasons given by the Judge, or any of the Judges, for or
against any judgment pronounced in the course of the proceedings

out of which the appeal arises shall by such Judge or Judges be com-





municated in writing to the Registrar, and shall by him be transmitted

to the Registrar of the Privy Council at the same tinic when the record
is transmitted.

11. Where there are two or more, applications for leave to appeal
arising of the same matter, and the Court is of opinion that it would
be for the convenience of the Lord, of the Judicial Committee and all
parties concerned that the appeals should he consolidated the Court may
direct the appeals to be consolidated and leave to appeal by a
single order.

15. All appellant who has obtained lu order gratiting him conditional
leave to appeal may at -my time prior to the of all order grant
ing him final leave to appeal withdraw his appeal oil such ternis as

costs and otherwise as the Court may direct.

16. Where all appellant, having obtained all order granting him con-

ditional leave to appeal, and having complied with the conditions imposed
on him by such order, fails thereafter to apply with due dilicrence to the
Court for an order granting him final leave to appeal, the court may,
on an application in that behalf made by the respondent, rescind the
order granting conditional leave to appeal notwithstanding the appellant's
conipliance with the conditions imposed by such order, and may give
such directions as to the costs of the appeal and the security entered
into by the appellant as the Court shall think fit, or make such further
or other order in the premises as, in the opinion of the, Court, the justice
of the Case requires.

17. On an application for final leave to the Court may inquire
whether notice, or sufficient notice,, of the application has been given by
the appellant to all parties concerned, and, if not satisfied as to the notice
even, maY defer the granting of the final leave to appeal, or may give
such other directions in the matter as in the opinion of the Court the
justice of the case requires.

18. An appellant who has obtained final leave to appeal shall prosecute
his appeal in accordance with the rules for the tinie being regulating
the general practice and procedure in appeals to His Majesty in
council.

19. Wbere an appellant, having obtained final leave to appeal, desires,
prior to the despatch of the record to England, to withdraw his appeal,
the-Court may, upon an application in that behalf made by the appellant,
grant him a certificate to the effect that the appeal has been withdrawn,
and the appeal shall thereupon be deemed, as from the date of such
certificate, to stand dismissed without express order of His Majesty





in Council, and the costs of the appeal and the security entered into by
the appellant shall be dealt with in. such manner as the Court may
think fit to direct.

20. Where an appellant, having obtained final leave to appeal, fails
to show due diligence in taking all necessary steps for the purpose
of procuring the despatch of the record to England, the respondent
may, after giving the appellant due notice of his intended application,
apply to the Court for a certificate that the appeal has not been effect-
ually prosecuted by the appellant, and, if the Court sees fit to grailt
such a certificate, the appeal shall be deemed, as from the date of such
certificate, to stand dismissed for non-prosecution without express order
of His Majesty in Council, and the costs of the appeal and the security
entered into by the appellant shall be dealt with in such manner as the
Court may think fit to direct.

21. When at any time between the order granting final leave to
appeal and the despatch of the record to England the record becomes
defective by reason of the death, of change of status, of a party to the
appeal, the Court, may, notwithstanding the order granting final leave
to appeal, on an application in that behalf made by any person interest-
ed, grant a certificate showing who, in the opinion of the court, is the
proper person to be substituted or entered on the record in place of,or
in addition to, the party who has died or undergone a change of status,
and the name of such person shall thereupon be deemed to be so sub-
stituted or entered on the record as aforesaid without express order
of His Majesty in Council.

22. Where the record subsequently to its despatch to England
becomes defective by reason of the death, or change of status, of a party
to the appeal, the court shall, upon an application in that behalf made
by any person interested, cause a certificate to be transmitted to the
Registrar of the Privy Council showing who, in the opinion of the
Court, is the proper person to be substituted, or entered, on the record,
in place of, or in addition to, the party who has died or undergone a
change of status.

23. The case of each party to the appeal may be printed either in
Hongkong or in england, and shall, in either event,be printed in
accordance withthe rules set forth in the schedule hereto, every tenth
line thereof being numbered in the margin, and shall be signed by at
least one of the counsel who attends at the hearing of the appeal, or
by the party himself if he conducts his appeal in person.

24. The case shall consist of paragraphs numbered consecutively,
and shall state, as concisely as possible, the circumstances out of which
the appeal arises, the contentions to be urged by the party loding the






saine, and the reasons of the appeal. Reference by page and line to
the relevant portions of the record as printed shall, as far as practic-
able, b printed in the margin, and care shall be taken to avoid, as far
as possible, the reprinting in the case of long extracts froni the record.
The taxing officer, in taxing the costs of tile appeal, shall, either of his
own motion or at the instance of the opposite party, inquire. into any
unnecessary prolixity in the case, and shall disallow the costs occasioned
thereby.

25. Where the Judicial Committee directs a party to bear the costs
of an appeal incurred in Hongkong, such costs shall be taxed by the
proper officer of the Court in accordance with the. rules for the time
being regulating taxation in the Court.

26. The Court. shall. conforin with and execute, ally order which
His Majesty in Council inay think fit to ntake on an appeal froin a
judgment of the Court in like manner as any original judgment of the
Court should or might have been executed.

27. Nothing in these Rules contained shall be decined to interfere
with the right of His Majesty, upon the hunible petition of anY person
aggrieved by any judginent of the Court, to adinit his appeal therefroin

upon sticb conditions as His Majesty in Council shall think fit to impose,

SCHED ULE.

1. Records and Cases in appeal to His majesty in Council shall be
printed in the form known as Demy quarto (i.e., 54 ems in length and 42
in width).

II.the size of the paper used shall be such that the sheet, when folded
and trimmed, will be 11 inches inheight and 8 2/1 inches in width.

III. The type to be used in the text shal be pica type, but long primer
shall be used in printing accounts, tabular matter, and notes.

IV. The number of lines in each page of pica type shall be 47 or there-
abouts, and every tenth line shall be numbered in the margin.

THE JUDICIAL COMMITTEE RULES, 1908.

At the court at Buckingham Palace, the 21st day of December, 1908.

PRESENT:
The King's Monst Excellent Majesty.

WHEREAS there was this day read at the Board a representation from
the Judicial committee of the privy Council in the words following,
viz:-




The Lords of the Judicial Committee having taken into

consideration the practice and procedure in accord-
ance with which the general Appellate Jurisdiction
of Your Majesty in Council is now exercised and
being of opinion that the Rules regulating the said
Practice and Procedure ought to be consolidated and
aniended Their Lordships do hereby agree humbly to
recommend to Your Majesty that with a view to such
consolidation and amendment certain Orders of Her
late Majesty Queen Victoria in Council regulating the
said Practice and Procedure, viz., the Orders in Council
dated respectively the 1Ith August, 1842, the 13th
June, 1853, the 31st March, 18.55, the 24th March,
1871, and the 26th June, 1875, and also the Order of
Your Majesty in Council dated the 20th March, 1905,
amending the said practice and procedure ought to be
revoked and that the, several Rules hereunto annexed
ouerlit to be substituted therfor.

His Majesty having taken the ,said representation into consideration
was pleased by and with the advice of His Privy Council to approve
thereof and to order and it is hereby ordered that the said Orders in
Council in the said representation mentioned be and the same are
hereby revoked and that the Rules hercunto annexed be substituted
therefor.

1. Interpretation.

Leave to appeal.
2. Leave to appeal generally.

Special leave to appeal.
3 . Form of petition for special leave to appeal.
4. Three copies of petition to be lodged together with affidavit in
support.
5. Time for lodging petition.
6. Security for costs and transmission of record.
7. General provisions.
8. Petition,-, for special Itave to appeal in forma panperis.
9. Exemption of pauper appellant from lodging security and paying
Office fees.





IE
10 .hemption of un-mccessful petitioner for leave to appeal in forma
pauperis from payment of Office fees.

Record
11. Record to be transmitted without delay.
12. Printino. of record.
13. Number of copies to be transmitted, where record printed abroad
in Enaland.
14. One certified copy to be transmitted, where record to be printed

15. Record printed partly abroad, partly in England.
16. Retsons for judgments to be transmitted.
17. Exclusion of unnecessary documents from record.
18. Documents ot jected to to be indicated.
19. Registration and numbering of records.
20. Inspection of record by parties.
21. Times within vchich a copy of a written record shall be bespoken
22. Notice of appearance by appellant.
23. Preparafion of copy of record for printer.
24. Lodging copy of record for printing
25. Special case.
Examination of proof of record and striking ofF copies.
27. Number of copies of record for parties.
28. How costs for printing record are to be borne.


Petition of Appeal
29. Time within which petition shall be lodged.
30. Form of petition.
31. Service of petition.

Withdrawal of Appeal.
32. Withdrawal of appeal before petition of appeal has been lod
33. Withdrawal of appeal afier petition of appeal has been lodged.
Non Prosecution of Appeal
34. Dismissal of appeal where appellant talces no steps in prosecution
thereof.
35. Dismissal of appeal for non-prosecudon after appellant's appear-
ance and before lodgment of the petition of appeal.
36. Dismissal of appeal for non-prosecution after lodgnnent of petition

of appeal.
37. Restoring an appeal dismissed for non-prosecution.





Appearance by Respondent.
38. Time within which respondent may appear.
39. Notice of appearance by respondent.
40. Form of appearance where all the respondents do not appear,
41. Separate appearances.
42. Non-appearing respondent not entitled torpeeive notices orlod(recase.
43. Procedure on non-appearance of respondent.
44. Respondent defending appeal in forma pauperis.

Petitions generally
4.5. Alode of addressing petitions.
46. Orders on petitions which need not be dnawn up.
47: Form of petition.
48. Caveat.
49. Service of petition.
50. Verifying petition by affidavit.
.51. Petition for order of revivor or substitution.
.52. Petition containinu scandalous matters to be refused.
53. Setting down petition.
54. Times within which set-down petitions shall be heard.
55. Notice to parties of day fixed for hearing petition.
5G. Procedure where petition is consented to or is formal.
57. Withdrawal of petition.
58. Procedure where hearing of petition unduly delayed.

59. Only one counsel heard on a. side in petitions.

Case.
60. Lodging of case.
61. Printing of case.
62. NLimber of prints to be lodged.
63. Form of case.
64. Separate cases by two or inore respondents.
65. Notice of lodgment of case.
66. Case notice.
67. Setting down appeal and exchanging cases.

-Binding records,
68. Mode of binding records, &c., for use of Judicial Committee.
69. Time within which bound copies shall be lodged.





flearing.
70. Notice to parties of date of comn iencenient of sittings; entering
appeals for bearing.
71. Notice to parties of day fixed for hearing appeal.
72. Only two counsel beard on a side in appeals.
7 3. Nautical assessors.

,Judgment.
74. Notice to parties of day fixed for delivery of judginent.

costs.
75. Taxation of costs.
76. What costs taxed in England.
77. Order to tax78. Power of taxing officer where taxation delayed thronIgh the fault
of the party whose costs are to be taxed.
79. Appeal from decision of taxing officer.

(SO. Amount of taxed costs to be inserted in His Majesty's Order in
Council.
81. Taxation on the pauper scale.
82. Security to be dealt with ,is His Majesty's Order in Council
determining appeal directs.
Miscellaneous
83. Power of Judicial Committee to excuse front compliance with
rules.
84. Amendment of document,
85. Affidavits may be sworn before the Registrar of the Privy Council.
86. Change of agent.
87. Scope of application of rules.
88. Mode of citation and date of operation.
Schedule A.-Rules as to printing.
Schedule B.-Countries and places referred to in rules 21, 29 and 34
Schedule 0,1. Fees allowed to agents.
II. Council Office Fees.

R UL E 8.
1. -(1) In these Rules, unless the context otherwise requires:-
'AppeaV means an appeal to His Majesty in Council.





'Judgment' includes decree, order., sentence, or decision of my
Court, Judge, or judicial officer ;

'Itecord' means the aggregate of papers relating to an appeal

(including the pleadings, proceedings, evidence and judgments) proper
to be laid before, His Majesty in Council on the hearing of the appeal,

Registrar means the Registrar or other proper officer havin(r the

custody of the records in the Court appealed from ;

Abroad ' tueaws the country or place where the Court appealed
from is situate

Ao.ent ' means a person qualified by virtue of Her date Majesty's
Order in Council of thp 6th March, 189C,* to conduct proceedings before,
His Majesty in Council on behalC of another ;

Party ' and all words descriptive of parties to proceeding., before
His Majesty in Council (such as petitoner, appellant respon-
dent') mean, in respect of all act proper to be done by an acrent, the
acrent of the party in question where such party is
agent

' Month ' means calendar month

Words. in the singular shall include the plural, and words in tbe
plural shall include the singular.

(2) Where by theso Rule,,, -my stel) is required to be, taken in Eng-
land in connection with proceedings before His Majesty in Council,
whether in the way of lodging a petition or other document, entering
an appearance, loding security, or otherwise, such step shall be taken
in the Registry of the Privy Council, Downine, Street, London.

Leave to appeal.
2. All appeals shall be brought either in pursuance. of leave obtained
from the Court appealed from, or, in the absence. of such leave, in
pursuance of special leave to appeal granted by His Majesty in Council
upon a petition in that bchalf` presented by the intending appellant.

Special leave to appeal.
3. A petition for special leave to appeal to His Majesty in Council
shall state succinctly and fairly all such facts as it may be necessary to
state in order to enable the Judicial Committee to advise His Majesty
whether such leave ought to, be granted. The petition shall not travel
into extraneous matter, and shall deal with the merits of the case only
so far as is necessary for tho purpose of explaining and supporting the
particular grounds upon which special leave to appeal is sought.





4. The petitioner shall lodge at least is copies of his petition for
special leave to appeal together with the affidavit, in support thercof
prescibed by Rule 50 licreinafter contained.

5. A petition for special leavo to appeal may be, lodged at any time
after the date of the judgment solight to be appealed from, but the
petitioner shall, in everv case, lodge his petition with the least possible
dclay.

6. Where the Judicial Committee agrec, to advisc His Majesty to
,grant special loave to appeal, they shall, in their report specify the

amount of the securitv for costs (if am) to be lodged by the petitioner.
and the period (if any) within which security is to be lodged and
shall, unless the circimistances of a particular rendler such a coursc
Unnecessary, provide for the transmission of the record, 1,v the Pecgistrar
of the Court, appealed from to the Registrar of the Privy Colincil and
for such further matters as the justice of the case mas- require.
7. Save as by the four List precelling ltules otherwise provided,
the provisions of 1Inles -17 to 50 and 52 to .59 (all inclusive) hercinafter
contained shall applYto petitions for special leave to
appeal.

8. Rules 3 to 7 (both inclusive) shall apply to
petitions for leave to appeal inbut in addition to the
aflid,
avit referred to in Rule 4 every slich petition shAl be accompanied
by an affidavit from the petitioner statino. that it isnto worth 25 in

the world excepting hisapparel and his interestint in the subject
matter of the intended appeal, and that lie is unable to provide. sm-efies.
aud also by it certificate of Counsel that the petitioner has reasonab)c 1
ground of appeal.
9. Where a petitioner obtains leave to appeal in appeal in forma pauperis,he
shall not bc to lodge security for the costs of the respondent or
10. A petitioner whose petition for leave to appeal in forma pauperis
is dismissed may, notwithstanding such dismissal, be from pay
ing the, Comicil Office fec., usnally chargeable to a petitioner in respect


of a petition for leave to appeal, if His Majesty in Council,on the advice
of the Judicial Conliniftec, shall think fit so to order.

Record.
11. As soon is tit appeal has been. admitted, whether by tit order of
the Court appealed from or by an order of His Majesty in Council cyrant-





ing special leave to appeal, the appellant shall without delay take all
necessary steps to have the record transmitted to the Registrar of the
Privy Council
12. The record shall be printed it, accordance with Rules I to IV

of * schedule A ltercto. It may be so printed either abroad or in
England.

13. Where the record is printed abroad, the Registrar shall, at the
expense of the appellant, transinit, to the Registrar of the Privy
Council 40 copies of such record, one of whcih copies he shall certify
to be correct bv siuning his nanic on, or initialling, every eighth page

thereof and by affixing thereto the seal, if any, of the Court appealed
front.

14. Where the record is to be printed in England, the Registrar shall,
at the expense, of the appellant, transmit to the Registrar of the Privy
Council one certified copy of such record, together with an index of
all papers and exhibits in the case. 'No other certified copies of the
record shall be transirtitted to the agents in England by or on behalf of
the parties to the appeal.


16. Where part of the record is, printed abroad and part is to be
printed in England, Rules 133 and 14 shall, as far as practicable, apply
to such parts as are printed abroad and such as are to be printed in
England respectively

16. The reasons given by the Judge, or any of the Judges, for or
against any judginent pronounced in the course of the proceedings

out of which the appeal anses, shall by such Judge or Judges be com-
municated in writing to the Registrar and shallby him be transmitted

to the Registrar of the privy Council at the same time when. the record
is transmitted.

17. The Registrar, as well. as the parties and their agents, shall
endeavour to exclude front the record all documents (more particularly
such as are merely formal) that are not relevant to the subject-inatter
of the appeal, and, generally, to reduce the bulk of the record as far
as practicable, taking special care to avoid the duplication of documents
and the unnecessary repetition of headings and other merely formal
parts of documents ; but the documents omitted to be printed or copied
shall be enumerated in a list to be placed after the index or at the end of
the record.

18. Where in the course of the preparation of a record one party
objects to the inclusion of a document on. the ground that it is unneces-
sary or irrelevant, and the other party nevertheless insists upon its
being included, the record, as finally printed (whether abroad or in





England), shall, with a view to the subsequent adjustment of the costs
of and incidental to such docultient, indicate, in the index of papers, or
otherwise, the fact that, and the party by whom, the inclusion of the
document was objected to.

19. As soon as the record is received in the Registry of the Privy
(outicil, it shall be registered in the said Registry, with the dafe of
arrival, the names of the parties, the date of the 'udgin lit appealed front,

and the description whether ' printed ' or ' written '. A record, or
any part of a record, not printed in accordance with Rules 1 to IV of
schedule A hereto, shall be. treated as writteri. Appeals shall be imin-
bered consecutively in each year in the order in which the records are
received in the said Registry.

20. The parties shall be entitled to inspect the record and to extract
all necessary particulars therefroin for the purpose of entering an
appearance.

21. Where the record arrives in England. either wholly written, or
partly written and partly printed, the appellant shall, within a period of
4 itiontlis front the date of such arrival in the case. of appeals front
Courts situate in any of the countries or places named in schedule 13
hereto, and within a period of 2 itiontlis from the sainc date lit the case
of appeals from any other Courts, enter ail appearance and bespeak a
type-written copy of the record, or of such parts thereof as it may be
necessarv to have copied, and shall engage to pav the cost of preparing
such copy at the following rates per folio typed (exclusive of tabular
matter) per folio of English inatter, 2d. per folio of Indian matter,

and 3d. per folio of foreign matter.

22. The appellant shall forthwith, after entering his appearance,
give notice thereof to the respondent, if the latter has entered ail ap-
pearance.

23. As soon as the appellant has obtained the type-written copy of
the record bespoken by him, he shall proceed, with due diligence, to
arrange the documents in suitable order, to check the index, to insert
the marginal notes and cheek the same with the index, and, generaffi-
to do whatever may be required for the purpose of preparing the copy
for tbe printer, and shall, if the respondent has entered an appearance,
submit the copy, so prepared for the printer, to the. respondent for his
approval. In the event of the parties being unable to agree as to any
inatter arising -under this Rule, such matter shall bc referred to the
Reo.istrar of the Privy Council, whose decision thereon shall be final.

24. As soon as the type-ivritteil copy of the record is ready for the
printer, the appellant shall lodge it, with a request to the Re'fistrar of
the Privy Council to cause it to be printed by His Majesty's printer or





by any other printer on the sarne terms, and shall engage to pay at the
price specified in Rule V of schedule A hereto the cost of printing 50
copies thereof, or such other number as in the opinion of the said Re-
gistrar the circumstances of the case require.

25. Whenever it shall be found that the decision of a matter on
appeal is likely to turn exclusively on a question of law, the parties, with
the sanction of the Registrar of the Privy Council, may submit such
question of law to the Judicial Committee in the form of a special case,
and print such parts only of the record as may be necessary for the
discussion of the same: Provided that nothing herein contained shall in
any way prevent the Judicial committee from orderig the full discussion
of the whole case, if they shall so think fit, and that, in order to promote
such arrangements and simplification of the matter in dispute, the said
Registrar may call the parties before him, and having heard them, and
examined the record, may report to the Judicial committee as to the
natue of the proceedings.

26. The Registrar of the Privy council shall, as soon as the proof
prints of the record are ready, give notice to al parties who have entered
an appearance requesting them to attend at the Registry of the privy
Council at a time to be named in such notice in order to examine the
said proof prints and compare the same with the certified record, and
shall, for that purpose, furnish each of the said parties with one proof
print. After the examination has been completed, the appellant shall,
without delay, lodge his proof print, duly corrected and (so far as neces-
sary) approved by the respondent, and the Registrar of the Privy
Council shall thereuon cause the copies of the record to be struck off
from such proof print.

27. Each party who has entered an appearance shall be entitled to
receive, for his own use, 6 copies of the record.

28. Subject to any special direction from the Judicial Committee to
the contrary,the costs of and incidental to the printing of the record
shall form part of the costs of the appeal, but the costs of and incidental
to the printing of any document objected to by one party,in accordance
with Rule 18, shall, if such document is found on the texation of costs
to be unnecessary or irrelevant, be disallowed to, or borne by, the party
insiting on including the same in the record.

Petition of Appeal

29. the appellant shall lodge his petition of appeal-
(a) where the record arrives in england printed, within a period of
4 months from the date of such arrival in the case of appeals from
Courts situate in any of the countires or places named in schedule B





hereto, and within a period of 2 months from the saine date in the case
of appeals from any other Courts:

(b) where the record arrives in England written, within a period of
one month from the date of teh completion of the printing thereof;
Provided that nothing in this rule contained shall preclude an appellant
from lodging his petition of appeal prior to the arrival of the record, if
there are special reasons why it should be desirable for him to do so.

30. The petition of appeal shall be lodged in the form prescibed by
Rule 47 hereinafter contained. It shall recite succinctly and, as far as
possible, in chronological order, the principal steps in the proceedings
leading up to the appeal from the commencement thereof down to the
dmission of the appeal, but shall not contain argumentative matter or
travel into the merits of the case.

31. The appellant shall, afterlodging his petition of appeal, serve
a copy thereof without delay on the respondent, as soon as the latter
has entered an appearance, and shall endorse such copy with the date
of the lodgment.

Withdrawal of Appeal.

32. Where an appellant, who has not lodged his petition of appeal,
desires to withdraw his appeal, he shall give notice in writing to that
effect to th Registrar of the privy council, and the said Registrar
shall, with all convenient speed after the receipt of such notice,by letter
notify the Registrar of the Court appealed from that the appeal has
been withdrawn, and the said appeal shall thereupon stand dismissed
as from the date of the said letter without further order.

33. Where an appellant, who has lodged his petition of appeal,
desires to withdraw his appeal, he shall present a petition to that effect
to His majesty in council. On the hearing of any such petition a
respondent who hs entered an appearance in the appeal shall, subject
to any agreement between him and the appellant to the contrary, be
entitled to apply to the Judicial committee for his costs, but where
the respondent has not entered an appearance, or having entered an
appearance, consents in writing to the prayer of teh petition, the petition
may, if the Judicial Committe think fit, be disposed of in the same
way mutatis mutandis as a consent petition under the povisions of
Rule 56 hereinafter contained.

Non-prosecution of Appeal.

34. Where an appellant takes no step in prosecution of his appeal
within a period of 4 months from the date of the arrival of the record
in england in the case of an appeal from a Court situate in any of the




countries or places named in schedule B hereto, or within a period of
2 months from the same date in the case of an appeal from any other
Court, the Registrar of the privy Council shall with all convenient
speed, by letter notify the Registrar of the Court appealed from that
the appeal has not been prosecuted and the appeal shall thereupon stand
dismissed for non-prosecution as from the date of the said letter without
further order.

35. Where an appellant who has entered an appearance-

(a) fails to bespeak a copy of a written record, or of part of a
written record, in accordance with, and within the period prescribed
by, Rule 21; or

(b) having bespoken such copy within the periods prescirbed by
Rule 21, fails thereafter to proceed with due diligence to take all such
further steps as may be necessary for the purpose of completing the
printing of the said record; or

(c) fails to lodge his petition of appeal within the periods respectively
prescribed by Rule 29;
the regustrar of the privy council shall call cupon the appellant to
explain his fefault, and if no explanation is offered, or if the explana-
tion offered is, in the opinion of the said Registrar, insufficient, the
said Registrar shall, with all convenient speed, by letter notify the Re-
gistrar of the Court appealed from that the appeal has not been
effectually prosecuted, and the appeal shall therupon stand dismissed
for non-prosecution as from the date of the said letter without futher
order, and a copy of the said letter shall be sent by the Registrar of
the Privy Council to all the parties who have entered an appearance
in the appeal.

36. where an appellant, who has lodged his petition of appeal,
fails therafter to prosecute his appeal with due diligence, the Registrar
of the Privy council shall call cupon him to explain his default, and,if
no explannationis offered,or if the explanation offered is in the opinion
of the said Registrar, insufficient, the said Registrar shall issue a sum-
mons to the appellant calling upon him to show cause before the
judicial Committee at a time to be named in the said summons why the
appeal should not be dismissed for non-prosecution : Orovided that no
such summons shall be issued by the said Registara before the expira-
tion of one year from the date of the arrival of the record in England,
If the respondent has entered an appearance in the appeal, the Re-
gistrar of the Privy Council shall send him a copy of the said sum-
mons, and the respondent shall be entitled to be head before the
Judicial comittee in the matter of the said summons at the time






named and to ask for his costs and such other relief as he may ho
advised. The Judicial Committee may, after considering the matter of
the said summons, recommend to his Majesty the dismissal of the
appeal fro non-prosecution, or give such other directions therein as the
justice of the case may require.

37. An appellant whose appeal has been dismissed for non-prose-
cution may present a petition to his Majesty in council praying that
his appeal may be restored.

Appearance by Respondent.

38. The respondent may enter an appearance at any time between
the arrival of the record and the hearing of the appeal,but if he
unduly delays entering an appearance he shall bear, or b disallowed,
the costs occasioned by such delay, unless the Judicial Committee
otherwise direct.

39. The respondent shall forthwith after entering an appearance
give notic thereof to the appellant, if the latter has entered an
appearance.

40. where there are two or moe respondent, and only one, or
some, of them enter an appearance, the appearance form shall set not
the name of teh appearing respondents.

41. Two or more respondents may, at their own risk as to costs,
enter separate appearances in the same appeal.

42. A respondent who has not entered an appearance shall not be
entitled to receive any notices relating to the appeal from the Registrar
of the Privy Council, nor be allowed to lodge a case in the appeal.

43. Where a respondent fails to enter an appearance in an appeal,
the following rules sball. subject to any specil order of the Judicial
committee to the contrary, apply:'

(a) If the non-appearing respondent was a respondent at the time
when the appeal was admitted, whether by the order of the court
appealed from or by an order of His majesty in council giving the
appellant special leave to appeal, and it appears from the terms of the
said order, or Order in Council, or otherwise from, that the said
certificate of the egistrar of the Court appealed from, that the said
non-appearing respondent has received notice,or was otherwise aware,
of the order of the Court appealed from addmitting the appeal, or of
the order of his majesty in Council giving the appellant special leave




to appeal, and has also received notice, or was otherwise aware, of the
dispatch of the record to England, the appeal may be set down ex parte
as against the said non-appearino, respondent at any time after the
expiration of 3 months frorn the date of the lodging of the petition of
appeal;
(b) if the non-appearing respondent was made a respondent by an
order of His Majesty in Council subsequently to the admission of the
appeal, and it appears from the record, or from a supplenientar '
record, or from a certificate of the Reuistrar of the Court appealed
from, that the said non-appearing respondent has received notice, or
was otherwise a ware, of any intended application t bring him on the
record as a respondent, the appeal may be set down exparte as against.
the said non-appearino- respondent at any time after the expiration of 3
months from the date on which he shall have been served with a copy
of His Majesty's Order in Council bringing him on the record as a
respondent.
Provided that where it is shown to the satisfaction of the Judicial
Committee, by affidavit or otherwise, either that ,in appellant has made
every reasonable endeavour to serve a non-appearing respondent
with the notices mentioned in clauses (a) and (b) respectively and
has failed to effect such service, or tbat it is not the intention of tbe
non-appearing respondent to enter an appearance to the appeal, the
appeal may, without further order in that behalf and at the risk of the
appellant, be proceeded with exparte as against the said non-appearing
respondent.
44. A respondent who desires to defend an appeal in pauperis
may present a petition to that effect to His Majesty in Council, which
petition shall be accoinpanied by an affidavit from the petitioner
statinly that he is not worth $25 in the world excepting his wearing
appearel and his interest in the subject-matter of the appeal.

Petitions generally.
45. All petitions for orders or directions as to matters of practice
or procedure arising after the lodging of the petition of appeal and-
not involving any change in the paRies to an appeal shall be addressed
to the Judicial Committee. All other petitions shall be addressed to
His Majesty in Council, but a petition which is properly addressed to
His Majesty in Council may include, as incidental to the relief thereby
sought, a prayer for orders or directions as to matters of practice or
procedure.
46. Where an order made by the Judicial Committee does not
embody any special terms or include any special directions, it shall not





be necessary to draw up such order, unless the Committee otherwise
direct, but a note thereof shall be made by the Registrar of the Privy
Council.

47. All petitions shall consist of paragraphs numbered consecutively
and shall be written, type-written, or lithographed, on brief paper with
quarter margin and endorsed with the nanie of the Court appealed from
the short title and Privy Council number of the appeal to which the
petition relates or the short title of the petition (as the case, may be),
and the natne and address of the London agent (if any.) of the
petitioner, but need not be signed. Petitions for special leave to
appeal inay be printed and, shall, in that case, be printed in the form
known as 'demy quarto' or other convenient form.

48. Where a petition is expected to be logdged, or has been lodged,
which does not relate to any pending appeal of which the record
has been registered in the registry of the Privy Council, any person
claiming a right to appear before the Judicial Committee on the hearing
of such pettion may lodge a caveat in the matter thereof, and shall
thereupon be entitled to receive from the Registrar of the Privy Coun-
cil notice of the lodging of the pettion, if at the time of the lodging
of the caveat such petition has not yet been lodged, and, if and when
the petition has been lodged, to require the petitoner to serven him with
a copy of the petition, and to furnish him, at his own expense, with
copies of any papers lodged by the petitioner in support of his petition.
The caveator shall forthwith after loging his caveat give notice thereof
to the petitioner, if the petition has been lodged.

49. Where a petition is lodged in the matter of any pending appeal
of which the record has been registered in the registry of the Privy
Council the petitioner shall serve any party who has entered an ap-
pearance in the appeal with a copy of such petition, and the party os
served shall thereupon the entitled to require the petitioner to frunish
him, at his own expense,with copies of any papers lodged by the
petitioner in support of his petition.

50. A petition not relating to any appeal of which the record has
been registered in the registry of the Privy Council, and any other
petition containing allegations of fact which acnnot be verifited by
reference to the registered record or any certificate or duly authen-
ticated statement of the court appealed from, shall be supported by
affidavit. Where the petitioner prosecutes his petition in person, the
said affidavit shall be sworn by the petition er himself and shall state
that, to the best of the deponent's knwledge, information, and belief,
the allegations contained in the petition are ture. Where the petitioner





is represented by an agent, the said affidavit' shall be sworn by such
agent and shall besides stating that, to the best of the deponent's
knowledge, information, and belief, the allegations contained in the

petition are true, show how the deponent obtained his instructions and
the information enabling him to present the petition.

51. A petition for an order of revivor or substitution shall be
accompanied by a certificate or duly authenticated statement from the
Court appealed from showing who, in the opinion of the said Court, is
the proper person to be substituted, or entered, oil the record in place
of. or in addition to, a party wiio has died or undergone a change of
status.

52. The Registrar of the Privy Council may refuse to receive a
petition on the ground tbat it contaims scandalous matter, but the peti-
tioner may appeal, by way of motion, from such refusal to the Judicial
Committee.

53. As soon is a petition is ready for hearing, the petitioner shall
forthwitli notify the Registrar of the Privy council to thal elfect, and
the petition shall thereupon be deemed to be set down.

54. On each day appointed by the Judicial Committee for the hear
ing of petitions tlie Registrar of the Privy Council shall, unless the
Cotherwise direct, put in the paper for hcaring all such
petitions as have been set down :Provided that, in the absence of
special circumstances to be shown to the satisfaction of the
said Registrar, no petition, if unopposed, shlal be so put int he paper
before, the expiration of 3 clear days from the lodging thereof, or, if
opposed, before the expiration of 1.0 clear days from the lodging thereof
unless in the latter case, the oppoilent consents to the petition being put
in the paper on -in carlier day not being less than 3 clear days from the
lodging thereof.

55. Subject to flic provisions of the next following rule, the Re-
gistrar of the Privy Council shall, as soon as the Judicial Committee
have appointed a day for the hearing of a. petition, notify all parties
concerned by summons of the (lay so appointed.
56. Where the prayer of the petition is of a formal and non-conten-
tious ebaracter, the Judicial Committee may, if they think fit, make
thereon, report to His Majesty on such petition, or make their order
thereon, as the case may be., without requiring the attendance of the
parties in the Council Chamber, and the Registrar of the Privy Council
sall not in any such case issue the summons provided for by the last-

preceding rule, but shall with all convenient speed after the Committee





have madc their report or order notify the parties that the report or
order has been made and of the date and nature of such report or
order

57. A petitioner who desires to withdraw his petition shall give
notice in writing to that effect to the Registrar of the Privy Council.
Where the petition is opposed, the opponent shall, subject to ally
agreement between the parties to the contrary, be entitled to apply to
the Judicial Committee for his costs, btft where the petition is
unopposed, or where, in the case of ail opposed petition, the parties
have come to an agreement as to the costs of the petition, the petition
may, if the Judicial Committee think fit, be disposed of in the same
waymutatis mutandis as a consent petition under the provisions of the
last-preceding rule.

58. Where a petitioner unduly delays bringing a petition to a
hearinu, flie Reuistrar of the Privy Council shall call upon him to
explain the delay, and, if no explanation is offered, or if the explanation
o ffered is, in the opinion of the said Registrar, insufficient, the said
Registrar may treat the said petition as set down and ma , after duly

notifying all parties interested by summons of his intention to do so,
put the petition in the paper for hearing oil the next following- day
appointed by the Judicial Committee for the hearing of petitions for
such directions as the Committe may think fit to give thereon.

59. At the hearing of a petition not more than one counsel shall be
admitted to be heard on a side.

Case.
60. No party to ail appeal shall be entitled to be heard by the
Judicial Committee unless lie has previously lodged his case in the
appeal. Provided that where a respondent is merely a stakeholder or
trustee with no other interest in the appeal, he may give the Registrar
of the Privy Council notice in writing of his intention not to lodge any

case, while reserving his right to address the Judicial Committee on
the question of costs.

61. The case may be printed either abroad or in England, and shall,
in either event, be printed in accordance with rules I to IV of sche-
dule A hereto, every tenth line thereof being numbered in the margin,
and shall be signed by at least one of the counsel who attends at the
heating of the appeal or by the party himself if he conducts his appeal
in person.

62. Bac h party shall lodge 40 prints of his case.





63. The case shall consist of paragraphs numbered consecutively
and shall state, as concisely as possible, the circumstances out of which
the appeal arises, the contentions to be urged by the party lodging the
same, and the reasons of appeal. References by page and line to the
relevant portions of the record as printed shall, as far as practicable,
be printed in the margin, and care shall be taken to avoid, as far as
possible, the reprinting in the ease of long extracts from the record.
The taxinu officer, in taxing the costs of the appeal, shall, either of
his own motion, or at the instance of the opposite party, inquire into
any unnecessary prolixity in the case, and shall disallow the costs
occasioned thereby.

64. Two or more respondents may, at their own risk as to costs, lodge
separate cases in the same appeal.

65. Each party shall. after lodgino, his case, forthwith give notice,
thereof to the other party

66. Subject as hereinafter provided, the party who lodues his case
first may, at any time after the expiration of 3 clear days from the
day on which he has given the other party the notice prescribed by the
last-preceding rule, serve such other party, if the latter has not in the
meantime lodged his case, with a 'case notice', requiring him to
lodge bis case -within one month from the date of the service of the
said case notice and informing him that, in default of his so doing, the
appeal will be set down for hearing ex parte as against him, and if the
other party fails to comply with the said case notice, the party who
has lodged his case may, at any time after the expiration of the time
limited by the said case notice for the lodging of the case, lodge an
affidavit of service (which shall set out the terms of the said case no-
tice), and the appeal shall thereupon, if all other conditions of its being
set down are satisfied, be set down ex parte against the party in default.
Provided that no case notice shall be served until after the completion
of the printing of the record and that. it shall be open to the taxing
officer, in adjusting the costs of the appeal, to inquire, generally, into
the circumstances in which the said case notice was served and, if
satisfied that there was no reasonable necessity for the said case notice,
to disallow the costs thereof to the party serving the same : Provided
also that nothing in this rule contained shall preclude the party in
default from lodging his case, at his own risk as regards costs and
otherwise, at any time u~_to the date of bearing.

67. Subject to the provisions of rule 43 and of the last-preceding

rule, an appeal shall be set down ipso facto as soon as the cases on both
sides are lodged, and the parties shall thereupon exchange cases by





handing one another, either at the offices of one of the agents or ill the
Registry of the. Privy Council, 1.0 copies of their respective cases.

Bindiny Records,
68. As soon as all appeal is set down, the applellant shall attend at
the liccyistry of the Privv Council and obtain 10 copies of the record
and cases to be bound for the use of the Judicial Committee at the
hearing. The copies shall be bound in cloth or in half leather with
paper sides, and 6 leaves of blank paper shall be inserted before the
appellant's case. The front cover shall bear a printed label stating the
title and Privy Council number of the appeal, the contents of the
volume, and the names and addresses of the London ao-ents. The
several documents, indicated by incuts, shall be arranged in the follow-
ing order : (1) Appellant's case ; (2) Respondent's case ; (3) Record
(4) Supplenlental record (if any); and the short title and Privy
Council number of the appeal shall also be shown on the back.

69. Tile appellant shall lodge the bound copies not less than 4 clear
days before the commencement of the sittings during which the appeal
is to be beard.
Hearing.
70. As soon as the judicial Committec have appointed a day for the.
commencement of the sittings for the hearing of appeals, 'the Re-istrar
of the Privy Council shall, as far as in him lies, make known the day so
appointed to the agents of all parties concerned, and shall name a day
oil or before which appeals must be set down if they are to be entered
in the list of business for such sittings. All appeals set down on
or before the day named shall, subject to any directions from the
Committee or to any agreement between the parties to the contrary, be
entered in such list of business and shall, stibicet to any direction from
the Committee to the contrary, be heard in the order-in which they are
set down.

71. The Registrar of the Privy Council shall, subject to the pro-
visions of rule 42, notify the parties to each appeal by summons, at
the earliest possible date, of the day appointed by the Judicial Coin-
inittee for the hearing of the appeal, and the parties shall be in readiness
to be heard on the day so appointed.

72. At the hearing of an appeal not more than two counsel shall be
In
admitted to be heard on a side.

73. Ill Admiralty appeals the Judicial Committee may, if they think
fit, require the attendance of two Nautical Assessors.





74. Where the Judicial Committee, after hearing an appeal, decide
to reserve their judgment thereon. the Registrar of the Privy Council
shall in due course notify the parties who attended the hearing of the
appeal by summons of the day appointed by the Committee for the
delivery of the judgment.

Costs.
75. All bills of costs -under the orders of the judicial Committee
on appeals, petitions, and other matters, shall be referred to the
Registrar of the Privy Council, or such other person as the Judicial
Committee inay appoint, for taxation, and all such taxations shall be
regulated by the schedule of fees set forth in schedule, C hereto.

76. The taxation of costs in England shall be Iimited to costs incurred
in England.

77. The Reuistrar of the Privy Council shall, with all convenient i
speed after the Judicial Committee have given their decision as to the
costs of all appeal, petition, or other matter, issue to the party to whom
costs have been awarded ,in order to tax and a notice specifying the
and hour appointed by him for taxation. The party receiving such
order to tax and notice shall, not less than 48 hours before the time
appointed for taxation, lodge Lis bill of costs (together witil all ncees'ary
vouchers for disbursement), and serve the opposite party with - cops
of 1iis bill of costs and of the ordel. to tax and notice.

78. The taxino, officer may if he think fit, disallow to any party
who fails to lodge his bill of costs (together with in necessary vouchers
for disbursments) wtihin , pre-wribed by the last-preceding
rule, or who in ally way delays or impedes a taxation, the charges to
which such party would otherwise be entitled for drawing his bill of
costs and attendine, the taxation.


79. Any party aggrieved by a, taxation may appeal from the decision
of the taxino, officer to the Judicial Committee. The appeal shall be
heard by way of motion, and the party appealing shall give 3 clear days
notice of motion to the opposite party, and shall also leave a copy of
such notice in the Registry of the Privy Council.

80. The amount allowed by the taxing officer on the taxation shall,

subject to any appeal form his taxation to the Judicial Committee and
subject to any direction from the Committee to the contrary, be inserted
in His Majesty's Order in Council determining the appeal or petition.





81. Where the Judicial Committee directs costs to be taxed oil the
pauper scale, the taxing officer shall not allow all fees of counsel,

and shall only award to the agents out-of-pocket expenses and a rea-
sonable allowance to cover office expenses, such allowance to be taken
at about three-eightlis of the usual professional charges in ordinary
appeals.

82. Where the appellant has lodged security for the respondent's
costs of all appeal ill the registry of the Privy Council, the Registrar
of the Privy Council shall deal witb such security in accordance with
the directions Contained in His Majesty's Order in Council detevinining
the appeal.

83. The Judicial Committee may, for stifficient cause Shown, excuse
the parties from compliance with am- of the requirements of these rules,
and may give such directions in inatters of practice and procedure as
'they shall consider just and expedient. Applications to be excused
from compliance with the requirements. of any of these rules shall be
addressed in the first instance to the Reodstrar of the Privy Council,
who shall take the instructions of the Committee thereon and communicate
the same to the parties. If, in the opinion or' the said Registrar, it
is desirable that the application should be dealt with by the Coin-
mittee in open Court, he may, and if he receives a written request in
that belialf froin any of the parties, he shall, put the application in the
paper for hearing before the. Committee at such time as the Con]-
inittee may appoint, and shall give -,in parties interested notice of the
time so appointed.

81. Ally document lodged in connection with all appeal, petition,
or other matter pendinty before His Majesty in Council or the Judicial
Committee, may be amended by leave of the Registrar of the Privy
Council, but if the said Registrar is of opinion that an application for
leave to amend should be dealt with by the Committee in open Court,
he may, and if he receives a written request in that behalf from any
of the parties, he shall, put such application in the paper for bear-
ing before the Committee at such tinie as the Committee may appoint,
and shall give all parties interested notice of the tinic so appointed.

85. Affidavits relating to ally appeal, petition, or. other matter
pending before His Majesty in Council or the Judicial Committee may
be sworn before the ReAstrar of the Privy Council.

86. Where a party to an appeal, petition, or, other matter pending
before His Majesty in Council changes his agent, such party, or the new





agent, shall forthwith give the Registrar of the Privy Council notice
in writing of tile cliange.


87. Subject to the provisions of any statute or of any statutory
rule or order to the contrary, these rules shall apply to all matters
falling within the Appellate Jurisdiction of His Majesty in Council.
88. These, rules any be cited as the Judicial Committee Rules,
1908, and they shall conie into operation on 1st January, 1909.

SCHEDULE A.

rules as to Printign.
I. All records and other proceedings in appeals or other matters pending
before His Majest in Council or the Judicial Committee which are required
by the above Rules to be printed shall henceforth be printed in the form
known as demy quarto

II The size of hte paper used shall be such that the sheet, when folded
and trimmed, willbe 11 inches in height and inches in width.

III The type to be used inthe text shall be pica type, but long primer
shall be used in printing accounts, tabular matter, and notes.

IV The number of lines in each pge of pica type shall be 47 or there-
abouts, and every tenth line shall be numbered in themargin.

V The price in England for the printing by His Majesty's printer of 50
copies in the form prescribed by these rules shallbe per sheet
pages of pica with marginal notes, not including corrections, tabular matter



SCHEDULE B.

Countries and P1reces re rred to in Rules 21, 29, and 34.

Australia (and the constituent States thereof).
Bastitoland. British East Africa.
British Hotidnras. British North Borneo.
Brunei. Ceylon.
China. Eastern African Protectorates.
Falkland Islands. Federated Malay States.
Fiji. hongkong.
India. Mauritius.
New Zealand. Persia.
Seychelles. Somaliland Protectorate.
Straits Settlements. Zanzibar.






SCHEDULE C.

Fees allowed to Agents conducting Appeals or other matters hefore the
Judicial Committee of the Privy Council.
................................... s. d
Retaining, fee ..................................... 0 13 4
Pertising written record, at the rate of, for every 25 folios 0 6 8
Perusing printed record, at the rate of, for evei:y printed shect
of 8 pages ........................................... 1 o
Attendances at the Council Office, or elsewhere, on ordinary
business, such as to enter an appearance, to make a
search, to lodge it petition or affidavit, or to retain
counsel .........................0 10 0
Attending nt the Couticil Office to examine proof print of re-
cord with the certified record per diew 3 3 0
Attending at the Council Chainber on summons for the hear-
ing of a petition ...............1 6 8
Attending at the Comicil Chamber all day on an appeal not
called on .................................................... 2 6 8
Attending the hearing. of an appeal per diem 3 6 8
Attending a judgment ............1 6 8
Correctirig English proofs. at the rate of, for every printed
sheet of 8 pages .......................... .. 0 10 0
Correcting foreign or Indian proofs, at the rate of, for every
printed sheet of 8 pages ......................................... 1 1 0
Instructions for petition .........010 0
Diriwing petition, ease, or affidavit perfolio 0 2 0
Copying petition, case, or aflidavit perfilio 0 0 6
Instructions for case .............1 0 0
Instructions to counsel to argile an appeal 1 0 0
Instructions to counsel to argue a petition 0 10 0
Attendions to consultation ............. 1 0 0
Sessions fee for each year or part of a year from the (late of
appearance ........................3 3 0
Drawing bill of costs; ............................................ per folio 0 1 0
Copying bill of costs per folio 0 0 6
Attending taxation of costs of an appeal 2 2 0
Attending taxation of cost, of a petition 1 1 0

Council Office Fees.
Entering appearance ......................................................... o lo (
Lodging petition of appeal ............................ 2 0 0
Lodging any otlier petition ....... 1 o o
Lodging case ............................................ 1 0 0
Setting down appeal (chargeable to appellant only) 2 0 0
Setting down petition (chargeable to petitioner only) 1 0 0
Summons ...........................010 0
Committee report ..................1 10 0
Original order of His Majesty in Council determining an
appeal ............................4 0 0
Any other original order of His Majesty in Council 2 0 0


.......................................d.
Plain copy of an order of His Majesty in Council 0 5 0
Orifinal order of the Jodicial Committee 1 10 0
Plain copy of Committee Order ....0 5 0
Loding affidavit ....................... ............. 0 10 0
Certificate delivered to parties .. 0 10 0
Committee references ............................................................. 2 0 0
Loding caveat .............................................................. 1 0 0
Subpmiia to witnesses .............010 0
Taxing fee in appeal ..............3 0 0
Taxing fee in petition ............2 0 0

Interpretation. When appeals will lie: as of right; discretionary. Time for application. Conditions for appeal: security. Preparation of record. Court may allow judgment to be executed. Security. Questions as to preparation of record. Irrelevant matter to be excluded from record. Objections to be noted. Printing. Copies for Privy Council: if printed in Hongkong; if printed in England; if printed in Hongkong and England. Judges' reasons to be transmitted. Consolidation of petitions. Withdrawing appeal after conditional leave. Failure to comply with conditions. Notice of application for final leave. Practice. Withdrawing appeal after final leave. Dismissal for want of diligence in despatching record. Death or change of status of parties before despatch of record; after despach of record. Printing of case. Details of printing; prolixity to be avoided. Costs to be taxed in Hongkong. Hongkong Court to execute order of Privy Council. Saving of right to grant special leave to appeal. Type and paper for record. Interpretation. [Printed in 'Statutory Rules and Orders,' Vol. VI, tit. 'Judicial Committee' p. 13.] Leave to appeal generally. Form of petition for special leave to appeal. Three copies of petition to be lodged with affidavit in support. Time for lodging petition. Security for costs and transmission of record. General provisions. Petitions for special leave to appeal in forma pauperis. Pauper appellant not to lodge security of pay Office fees. Unsuccessful petitioner for leave to appeal in forma pauperis not to pay Office fees. Record to be transmitted without delay. Printing of record. Number of copies to be transmitted, where record printed abroad. One certified copy to be transmitted, where record printed in England. Record printed partly abroad, partly in England. Reasons for judgments to be transmitted. Exculsion of unnecessary documents from record. Documents objected to to be indicated. Registration and numbering of records. Inspection of record by parties. Times within which a copy of a written record shall be bespoken. Notice of appearance by appellant. Preparation of copy of record for printer. Lodging copy record for printing. Special case. Examination of proof of record and striking off copies. Number of copies of record for parties. How costs of printing record are to be borne. Times within which petition shall be lodged. Form of petition. Service of petition. Withdrawal of appeal before petition of appeal has been lodged; after petition of appeal has been lodged. Dismissal of appeal where appellant takes no steps in prosecution thereof. Dismissal of appeal for non-prosecution after appellant's appearance and before lodgment of petition of appeal. Dismissal of appeal for non-prosecution after lodgment of petition of appeal. Restoring an appeal dismissed for non-prosecution. Time within which respondent may appear. Notice of appearance by respondent. Form of appearance where all the respondents do not appear. Separate appearances. Non-appearing respondent not entitled tonotice or lodge case. Procedure on non-appearance of respondent. Respondent defending appeal in forma pauperis. Mode of addressing petitions. Orders on petitions which need not be drawn up. Form of petitions. Cavent. Service of petition. Verifying petition by afidavit. Petition for order of revivor or substitution. Petition containing scandalous matter to be refused. Setting down petition. Times within which set-down petitions shall be heard. Notice to parties of day fixed for hearing petition. Procedure where petition is consented to or is formal. Withdrawal of petition. Procedure where hearing of petition unduly delayed. Only one counsel heard on a side in petitions. Lodging of case. Printing of case. Number of prints to be lodged. Form of cases. Separate cases by two or more respondents. Notice of lodgment of cases. Case notice. Setting down appeal and exchanging cases. Mode of binding records, &c., for use of Judicial Committee. Time within which bound copies shall be lodged. Notice to parties of date of commencement of sittings. Entering appeals for hearing. Notice to parties of day fixed for hearing appeal. Only two counsel heard on a side in appeals. Nautical assessors. Notice to parties of day fixed for delivery of judgment. Taxation of costs. What costs taxed in England. Order to tax. Power of taxing officer where taxation delayed through the fault of the party whose costs are to be taxed. Appeal from decision of taxing officer. Amount of taxed costs to be inserted in His Majesty's Order in Council. Taxation on the pauper scale. Security to be dealt with as His Majest's Order in Council determining appeal directs. Power of Judicial Committee to excuse from compliance with rules. Amendment of documents. Affidavits may be sworn before the Registrar of the Privy Council. Change of agent. Scope of application of rules. Mode of citation and date of operation.

Interpretation. When appeals will lie: as of right; discretionary. Time for application. Conditions for appeal: security. Preparation of record. Court may allow judgment to be executed. Security. Questions as to preparation of record. Irrelevant matter to be excluded from record. Objections to be noted. Printing. Copies for Privy Council: if printed in Hongkong; if printed in England; if printed in Hongkong and England. Judges' reasons to be transmitted. Consolidation of petitions. Withdrawing appeal after conditional leave. Failure to comply with conditions. Notice of application for final leave. Practice. Withdrawing appeal after final leave. Dismissal for want of diligence in despatching record. Death or change of status of parties before despatch of record; after despach of record. Printing of case. Details of printing; prolixity to be avoided. Costs to be taxed in Hongkong. Hongkong Court to execute order of Privy Council. Saving of right to grant special leave to appeal. Type and paper for record. Interpretation. [Printed in 'Statutory Rules and Orders,' Vol. VI, tit. 'Judicial Committee' p. 13.] Leave to appeal generally. Form of petition for special leave to appeal. Three copies of petition to be lodged with affidavit in support. Time for lodging petition. Security for costs and transmission of record. General provisions. Petitions for special leave to appeal in forma pauperis. Pauper appellant not to lodge security of pay Office fees. Unsuccessful petitioner for leave to appeal in forma pauperis not to pay Office fees. Record to be transmitted without delay. Printing of record. Number of copies to be transmitted, where record printed abroad. One certified copy to be transmitted, where record printed in England. Record printed partly abroad, partly in England. Reasons for judgments to be transmitted. Exculsion of unnecessary documents from record. Documents objected to to be indicated. Registration and numbering of records. Inspection of record by parties. Times within which a copy of a written record shall be bespoken. Notice of appearance by appellant. Preparation of copy of record for printer. Lodging copy record for printing. Special case. Examination of proof of record and striking off copies. Number of copies of record for parties. How costs of printing record are to be borne. Times within which petition shall be lodged. Form of petition. Service of petition. Withdrawal of appeal before petition of appeal has been lodged; after petition of appeal has been lodged. Dismissal of appeal where appellant takes no steps in prosecution thereof. Dismissal of appeal for non-prosecution after appellant's appearance and before lodgment of petition of appeal. Dismissal of appeal for non-prosecution after lodgment of petition of appeal. Restoring an appeal dismissed for non-prosecution. Time within which respondent may appear. Notice of appearance by respondent. Form of appearance where all the respondents do not appear. Separate appearances. Non-appearing respondent not entitled tonotice or lodge case. Procedure on non-appearance of respondent. Respondent defending appeal in forma pauperis. Mode of addressing petitions. Orders on petitions which need not be drawn up. Form of petitions. Cavent. Service of petition. Verifying petition by afidavit. Petition for order of revivor or substitution. Petition containing scandalous matter to be refused. Setting down petition. Times within which set-down petitions shall be heard. Notice to parties of day fixed for hearing petition. Procedure where petition is consented to or is formal. Withdrawal of petition. Procedure where hearing of petition unduly delayed. Only one counsel heard on a side in petitions. Lodging of case. Printing of case. Number of prints to be lodged. Form of cases. Separate cases by two or more respondents. Notice of lodgment of cases. Case notice. Setting down appeal and exchanging cases. Mode of binding records, &c., for use of Judicial Committee. Time within which bound copies shall be lodged. Notice to parties of date of commencement of sittings. Entering appeals for hearing. Notice to parties of day fixed for hearing appeal. Only two counsel heard on a side in appeals. Nautical assessors. Notice to parties of day fixed for delivery of judgment. Taxation of costs. What costs taxed in England. Order to tax. Power of taxing officer where taxation delayed through the fault of the party whose costs are to be taxed. Appeal from decision of taxing officer. Amount of taxed costs to be inserted in His Majesty's Order in Council. Taxation on the pauper scale. Security to be dealt with as His Majest's Order in Council determining appeal directs. Power of Judicial Committee to excuse from compliance with rules. Amendment of documents. Affidavits may be sworn before the Registrar of the Privy Council. Change of agent. Scope of application of rules. Mode of citation and date of operation.

https://oelawhk.lib.hku.hk/items/show/1051

MERCHANT SHIPPING ACTS

PART VI.

A SELECTION FROM THE

THE MERCHANT SHIPPING ACTS.

L-International Provisions which have been applied to Foreign Countries
by Order in Council.
A-Tonnage Measurement of Foreign Ships (s. 84).
B-Going on board Arriving Ship without leave (ss. 218, 219).
C-Apprehension of Deserters from Foreign Ships (s. 238).
D-Regulations for Preventing Collisions at Sea, and as to Signals
of Distress (ss. 418, 419, 424, 434).
E-Exemption of Foreign Ships from Rules as to Life-Saving Appli-
ances (ss. 427 to 431; Act of 1006, ss. 4, 5).
F-Recognition of Foreign Deck=line and Load=line Certificates (s
445).
G-Application of Life=Salvage provisions to Foreign Ships (ss.
544, 545).

H-General Provision for extending other provisions of the Act to
Foreign Countries (s. 734).

11.-Provisions which have been applied to the Colonies by Order in Council.
A-Recognition of Colonial Load-line Certificates (s. 444).
B-Colonial Certificates of Competency (s. 102).
C-Imprisonment in Colonies of persons sentenced by Naval Courts
(Act of 1906, s. 67).

111.-Provisions applicable to Colonial Legislatures and Governors, etc.





X
INTERNATIONAL PROVISIONS OF THE
MERCHAflT SHIPPING ACTS

WHICH HAVE BEEN APPLIED TO FOREIGN
Cou-NTRIES BY ORDER IN COUNCIL.

The following sections of the Merchant Shipping Acts
are not necessarily directly applicable to Hongkong, but
they have an important bearing on the law of the
Coiony, because the Merchant Shipping Ordinance in
many cases contains provisions corresponding to the
sections of the Merchant Shipping Act set out in this
Part. These provisions, for example, s. 9 (1) (b) as to
arrest of deserters from foreign ships, refer to the countries
to which an Order in Council has, under the Home Act,
applied the corresponding section of that Act. The Tables
of foreign countries in such cases become, therefore, the
Tables of countries to which the provisions of the Ordi-
nanceapply. A reference is in each case given in the margin
to the corresponding provisions of the Colonial Ordinance.
The Orders in Council vary in each case and must be
referred to whenever occasion arises; those issued before
1893 are to be found in the ' 'Statutory Rules and Or-
der ', Vol. 8, and those issued subsequently, in the annual
volumes of that publication. A typical example of the
Orders in Council is, however, given under each heading.
The references and the recitals in the majority of the
Orders in Council are to the old Merchant Shipping Acts,
which were consolidated and replaced by the Act of 1894
(57 ~ 58 Vict. c. 60). It has not been thought necessary
to indicate the new provision in each case, it being under-
stood that the present reference is to the section of the
existing Act which is printed at the commencement of
each division.

A
Tonnage Measurement of Foreign Ships.

M. S. ACT, 1894, s. 84, as amended by M. S. ACT, 1906, s. 55.
Tonnage of 84:.-(1) Whenever it appears to Her Majesty the
ships of for- Queen in Council that the tonnage regulations of this
eign coun-
tries adopt- Act have been adopted by any foreign country, and
ing tonnige are in force there, Her Majesty in Council may order
regulations.





that the ships of that country shall, without beincir
remeasured in Her Majesty's Dominions, be deemed to
be of the toonage denoted in their certificates of
registry or other national papers, in the same manner,
to the same extent, and for the same purposes as the
tonnage denoted in the certificate of registry of a

British ship is deemed to be the tounage of that ship,
and any space shown by the certificate of registry
or other national papers of any such ship as deduct-
ed from totina~e on account of being occupied by
seamen or apprentices and appropriated to their use,
shall be deemed to have been certified under this
Act, and to comply with the provisions of this Act
which apply to such a space in the case of British
ships, unless a surveyor of ships certifies to the
Board of Trade that the construction and equipment
of the ship as respects that space do not come up to
the standard required under this Act in the case of a
British ship, and if any question arises whether the
construction and equipment of the ship so come ip
to the required standard a surveyor of ships may
inspect die ship for the purpose of determining sybe-
ther such a certificate should be given by him or not.

(2) Her Majesty in Council may limit the time
during which the Order is to remain in operation, and
make the Order subject to such conditions and quali-
fications (if any) as Her Majesty may dectn ex-
pedient, and the operation of the Order shall he
limited and modified accordingly.
(3) If it is made to appear to Her Majesty that
the tounaoe of any forcipi ship, as measured by the
rules of the countr to which she belongs, materially

difers from that which would be her tonnace if mea-

sured under this Act, Her Majesty in Council may
order that, notwithstanding any Order in Council for
the time being in force under this section, any of the
ships of that country may, for all or any of the pur-
poses of this Act, be re-mcasured in accordance with
this Act.

ORDFR IN COUNCIL i [AUSTRIA HUNGARY] 19TH AUGUST, 1871.
Common form for Alerchant Ships generally.]

AND W14FREAS it has been made to appear to Hei. Majesty that the
.rules concerning the measurement of tonnage of merchant ships nowla





force under the Merchant Shipping Act, 1854, have been adopted by
His Imperial and Royal Majesty the Emperor the King of Austro-
Hungary and are in force in the Austro-Sungarian dominions:
Her Majesty is hereby pleased, by and with the advice of Her Privy
Council, to direct that the ships of Austro-Hungary the certificates of
Austro-Hungarian nationality and registry of which are dated on or
after 1st September, 1871, shall be deemed to be of the tonnage denoted-
in the said certificates of Austro-Hunuarian nationality and registry.


ORDER IN COUNCIL [BELGIUM] 17TH OCTOBER, 1884.
Covinton form where a distinction is made between Sailing Ships
and Steamships.]

AND WHEREAS it has been made to appear to Her Majesty that the
rules concerning the measurement of tonnage of merchant ships now in
force under The Merchant Shipping Act, 1854, have been adopted by
the Government of His Majesty the King of the Belgians, with the ex-
ception of a slight difference in the mode of estimatinc, the allowance
for engine-room, and such rules are now in force in that country,
having come into operation on 1st January, 1884:
Her Majesty is hereby pleased, by and with the advice of Her Privy
Council, to direct as follows:~

1. As regards sailing ships, that merchant sailing ships belonging to
Belgium, the measurement whereof on or after the said 1st January,
1884, shall have been ascertained and denoted in the certificates of
registry, or other national papers of such sailing ships, testified by the
dates thereof, shall be deemed to be of the tonnage denoied in such
certificates of registry, or other national papers, in the same manner, and
to the same extent, and for the same purpose, in to and for which the
tonnage denoted in the certificates of registry of British sailing ships is
deemed to be the tonnage of such ships.

2. As regards steamships, that merchant ships belonging to Belgium
which are propelled by steam or any other power requiring cligine-room,
the measurement whereof on or after the said 1st January, 1884, shall
have been ascertained and denoted in the certificates oi registry, or
other national papers of such steamships, testified by the dates thereof,
shall be deemed to be of the tonnage denoted in such certificates of
registry, or other national papers, in the same manner, and to the same
extent and for the same purpose, in to and for which the tonnage denoted
in the certificates of registry of British ships is deemed to be the tonnage
of such ships, provided, nevertheless, that, if the owner or master of any
such steamship desires the deduction for engine-room in such ship to





be estimated under the rules for engine-room measurement and deduc-
tion applicable to British ships, instead of under the Belgian rules, the
engine-room shall be measured, and the deductions calculated, according
to, the British rules.

COUNTRIES TO WEICH THE SECTION HAS BEEN APPLIED.
Austria Hungary .................... 19th Aug., 1871
Belgium [s. s.] ........ 17th Oct., 1884
Denmark ................21st Nov., 1895
France ............................ 10th Aug., 1904
Germany . ..............22nd Feb., 1896
Greece .................14th Aug., 1879
Hayti ..................3rd May, 1882
Italy ..................Ilth May, 1906
Japan ..................27th Jan., 188,5
Netherlands ~s. s.] ............. 3rd May, 18,88
Norway .................27th June, 1894
Russia and Finland [s. s.] 20th Nov., 1880
Sweden [s. s.] .........18th Aug.,1882
United States .....3rd Oct 1895

N.B-41 [s. s.] ' indicates that. a distinction is made Sailing Ships and
Steamships.
COUIATTRY THE SHIPS OF WHICH ARE TO BE
spain ..................... ... 29th Jan., 1904

B
Going on board Arriving Ship without leave.

M. S. Am, 1894, ss. 218, 219.-
218.-Where a ship is about to arrive, is arriving,
or has arrived at the end of her voyage, and any per-
son, not being in Iler Majesty's service or not being
duly authorised by law for the 1)tirpose,-
(a) goes on board the ship, without the permission
of the inaster, before the seamen lawfully leave the
ship at the end of their engacrement, or are discharged
(whichever last happens) ; or,
(b) being on board the ship, remains there after
being warned to leave by the master,or by a police
officer,or by any officer of the Board of Trade or of
the customs.




Going on that person shall for each ofence be liable to a fine
board with-
out leave. not exceeding
Court, to imprisonment for any term not exceeding
6 months ; and the master of the ship or any officer
of the Board of Trade may take him into custody,
and deliver him up forthivith to a constable to be
taken before a Court capable of taking cognizance of

the offence.
Application 219.-Whenever it is made to appear to Her Ma-
of provisions
of previous jesty that the Government of a foreign country-
section to (a) has provided that unauthorised persons going
foreign ship. on board British ships which are about to arrive or
have arrived within its territorial jurisdiction shall
be subject to provisions similar to those of the last
preceding section which are applicable to persons
going on board British ships at the end of their voy-
ages; and

(b) is desirous that the provisions of the said sec-
tion shall apply to unauthorised persons going on
board ships of that foreign country withhi British
territorial jurisdiction,
Her Majesty in Council may order that those provi-
sions shall apply to the ships of that foreign country,

and have efflect as if the ships of that country arriv-
ing, about to arrive or having arrived at the end of
their voyage, were British ships.

ORDER IN COUNCIL [DENMARK] 15TH SEPTEMBER,. 1887.

AND WHEREAS it has been made to appear to Her Majesty-
(1) that. the Government of Denmark has provided that unauthorised
persons goingr on board of British ships which are about to arrive, or
have arrived within its territorial jurisdiction, shall be subject to provi-
sions similar to the provisions contained in the said herein first-recited
section as applicable to persons going on board British ships at the end
of their voyages : and
(2) that the said Government is desirous that the provisions of the
said first-recited section shall apply to unauthorised persons going on
board of Danish ships within the limits of British territorial jurisdiition:

Now, therefore, Her Majesty, by virtue of the power vested in Her
by the said recited Act, and by and with the advice of Her Privy
Council, is pleased to declare that the provisions of the said first-recited
section shall apply to Danish ships.
COUNTRIES TO WHICH THE SECTION HAS BEEN APPLIED.
b
Austria-Hungary .......17th Oct., 1884
Belgium ...............23rd July, 1889
Denmark ...............15th Sept., 1887
Germany ..................... 30th Nov., 1882
Italy .................2nd March, 1881
Norway ................25th Oct., 1.881
Sweden ................25th Oct., 1881
United States .........22nd May, 1883

Apprehension of Deserters from Foreign Ships.

AI. S. ACT, 1894, s. 238.-

238.-(1) Where it appears to Her Majesty that
due facilities are or will be given by the Government
of any foreign country for recovering and apprehend-
in- seainen who desert from British merchant ships
in that country, Her Majesty may, by Order in
[Deserters from the Council statina that such facilities are or will be
countries in the list
given below
are arrested in given, declare that this section shall apply in the
Hongkong under
Merchant Shipping case of such foreign Country, subject to any limita-
Ordinance, 1899, s. 9 tions, conditions, and qualifications contained in the
(1) (b).]
Order.
(2) Where this section applies in the case of any
foreign country, and a seaman or apprentice, not be-
in(, a slave, deserts when within any of Her Majesty's
douninions from a merchant ship belonging to a sub-
ject of that country, any Court, Justice, or officer that
would have had cognizance of the matter if the sea-
man or apprentice had deserted froin a British ship
shall, on the application of a consular officer of the
foreign country,and in apprehending the deserter,
and for that purpose may, on information given on
oath, issue a warrant forhis apprehension, and, on
proof of the desertion, order him to be conveyed ou
board his ship or delivered to the master or mate of
his ship, or to the owner of the ship or his agent, to
be so conveyed ; and any such warrant or order may
be executed accordingly.





(3) If any person harbours or secretes any deserter
liable to be apprehended under this section, know-
ing or baving reason to believe that he has deserted,
that person shall for each offence be liable to a fine
not exceeding

ORDER IN COUNCIL [REPUBLIC OF THE EQUATOR
,(EcuADoR)J 24TH SEPTEMBER, 1886.

AND WHEREAS it has been made to appear to Her Majesty that due
facilities will be given for recovering and apprehending seamen who
desert from British merchant ships in the dominions and possessions of
the Republic of the Equator :
Now, therefore, Her.Majesty, by virtue of the powers vested in Her
by the said Foreign Deserters Act, 18,52, and by and with the advice of

Her Privy Council, is pleased to order and declare, and it is hereby
ordered and declared, that from and after the publication hereof in the
London Gazette, seamen, not being slaves, and not being British subjects,
who, within Her Majesty's dominions, desert from merchant ships
belonging to the Republic of the Equator, shall be liable to be appre-
hended and carried on board their respective ships . Provided always,
that if -any such deserter his committed any crime in Her Majesty's
dominions, he may be. detained till he has been tried by a competent
Court, and until his sentence, if any, has been carried into effect.

COUA7RIES TO TV111CH EIME, SECTIOX HAS BEES APPLIED
Austria-Hungary ............16th Oct., 1852
Belgium ................8th Feb., 18,55
Brazil .............1 7th Nov., 1888
Colombia ............28th Dec., 1866
Congo State ................ 10th Aug., 1888
Denmark ....................15th July, 1881
Ecuador ....................24th Sept., 1886
France ..............3rd July, 1851
Germany ....................18th March, 1880
Greece .....................12th July, 1887
Honduras ...................26th Sept., 1901
Italy ......................11th June, 1863
Japan ......................3rd Oct., 1911
Mexico .....................
Morocco and Fez ............6th May, 1857
Netherlands ................9th March, 1854
Nicaragua............................................. 1st March, 1907





Norway ......1 ........18th March, 1852
Paraguay ..............29th Dec., 1887
Peru ..................18th Aug., 1852
Roumania* .............29th Feb., 1908
Russia ................27th Aug., 1860
Salvador ..............llth JuDe, 1863
Siam ..................10th Nov., 1866
Spain .................23rd Jan., 1860
Sweden ................18th March, 1852
Turkey ................18th May, 1865
United States .........18th Aug., 1892
Uruguay ................................. ... 24th Sept., 1886
Zanzibar .............. 7th March, 1887
The apprehension of deserters from Portuguese ships is governed by

Treaty, 3rd July, 1842, effect to which is given by the Act, 12 & 13
Vict. c. 25, as amended by 39 & 40 Vict. c. 20.


Regulations for Preventing Collisions at Sea.

M.S. ACT, 1894, ss. 418, 419, 424, 434.
[The Regulations are 4i8.-(1) Her Majesty may, on the joint reconi
printed in Part VII
of this Volume.] mendation of the Admiralty and the Board of Trade, by Order in Council, make regulations for the pre-
by Order in council,make regulations for the pre-
vention of collisions at sea, and may thereby regulate
the lights to be carried and exhibited, the fog sipals
to be carried and used, and the steering and sailing

rules to be observed, by ships, and tbolle regulations

(in this Act referred to as the Collision Repilations),

shall have effect as if enacted in this Act.
(2) The Collision Regulations, together with the
provisions of this Part of this Act relating thereto,
or otherwise relating to collisions, shall be observed
by all foreign ships within British jurisdiction, and
in any ease arising in a British Court concerning
matters arising within British jurisdiction foreign

ships shall, so far as respects the Collision Regulations

and the said provisions of this Act, be treated as if
they were British ships.

419.-(1) All owners and masters of ships shall
obey the Collision Regulations, and shall not carryor
Limited to the United Kingdom and certain Colonies of which Hongkong
is one,





exhibit any other lights, or use any other fog signals,

than such as are required by those regulati
(2) If an infringement of the Collision Reaulations

is caused by the wilful default of the master or
owner of the ship, that master or owner shall, in res-
pect of each ofence, be guilty of a misdemeanor.
(3) If any damage to person or property arises
from the non-observance by any ship of any of the
Collision Revulations the damage shall be deemed to
have been occasioned by the wilful default of the
person in charge of the deck of the ship at the time,
unless it is shown to the satisfaction of the Court that
the circumstances of the case made a departure from
the Regulation necessary.
[sub-section (4) rep. Maritime Conventions Act,
1911, (1 & 2 GEO. V c. 57 s. 4).]
(5) The Board of Trade shall furnish a copy of the
Collision Regulations to any master or owner of a ship
who applies for it.
Application 424.-Whenever it is made - to appear to Her Ma-
of collision jesty in Council that the Government of any foreign
regulations
to foreign country is willing that the Collision Regulations, or
ships. the provisions of this Part of this Act relating there-

to or otherwise relating to collisions, or anly of those
Regulations or provisions should apply to the ships of
that country when beyond the limits of British juris-
diction, Her Mi~iesty may, by Order in Council,
direct that those regulations and provisions shall
subject to any limitation of time, conditions and
qualifications contained in the Order, apply to the
ships of the said foreign country, whether within
British jurisdiction or not, and that such ships shall
for the purpose of such regulations and provisions he
treated as if they were British ships.
Regulation 434. (1) Her Majesty in Council may make
as to signals rules as to what sianals shall be sianals of distress,
of distress.
and the signals fixed by those rules shall be deerned
to be signals of distress.
(2) If a master of a vessel uses or displays, or
causes or permits any person under his authority
to use or display, any of those signals of distress,
except in the case of a vessel being in distress,

The Collision Regulations contain rules as to Signals of Distress. The application of
this part of thi~e.,~ulations to foreign ships is'made under the general provisions
of s. 734, [see po8t see. H], and not under s. 424.






he shall be liable to pay compensation for any
labour undertaken, risk incurred, or loss sustained
in consequence of that signal having been supposed
to be a signal of distress. and that compensation
may, without prejudice to any other remedy, be
recovered in the same manner in which salvaye is
recoverable.

ORDER IN COUNCIL [GENERAL] 13TH OCTOBER, 1910.

AND WHEREAS it has been made to appear to His Majesty that the
Governments of the several countries mentioned in Schedule II hereto
annexed are willing'that the regulations and rules contained in Sche-
dule I should, subject to the qualifications mentioned in the aforesaid
Schedule 1 and to the proviso in the case of Chinese ships that the
application of the regulations and rules shall be limited to ships of
foreign type, apply to the ships of those countries when beyond the limits
of British jurisdiction

Now therefore His Majesty, by virtue of the powers conferred on Him
by the aforesaid Act, and on the joint recommendation of the Admiralty
and the Board of Trade, and by and with the advice of His Privy
Council, is pleased to direct that the Collision Regulations and the rules
as to signals of distress contained in Schedule I to this Order shall apply
to all British ships:
And His Majesty is also pleased to direct that the said regulations
and rules shall, subject to the aforesaid qualifications and to the proviso
in the case of Chinese ships that the regulations and rules will be appli-
cable only to ships of foreign type, apply to the ships of the countries
named in Schedule II to the Order whether they are within British
jurisdiction or not, and that such ships shall for the purpose of such
regulations and rules be treated as if they were British ships :
[Schedule I contains the Collision Regulations,
which are set out in Part VII of this Volume; the
countries to which the sections have been applied
are contained in Schedule II of the Order.]

SCHEDULE H.

00 UATTRIES TO TV11MU THE 8FCTIONS HA VII' B EEY A PPL1EA

Argentine I~epublic Brazil
Austria-Hungary Bulgaria
Belgium chile





China Netherlands
Costa Rica Norway
Denmark Peru
Ecuador Portugal
Egypt Roumania
France Russia
Germany Siam
Greece Spain
Guatemala Sweden
Italy Turkey
Japan United States
Mexico Venezuela

E
Exemption of Foreign Ships from Rules as to Life
Saving Appliances.

M. S. ACT, 1894, ss. 427-431.-
427.-(1) The Board of Trade may make rules

. (in this Act called rules for life-saving appliances)
with respect to all or any of the following matters
namely,-
(a) the arranging of British ships into classes,

having regard to the services in which they are eni-

ployed, to the nature and duration of the voyage, and
to the number of persons carried
(15) the number and description of the boats, life-
life-rafts, life-jackets, and life-buoys to be

carried by British ships, according to the class in


which they are arranged, and the mode of their con-

struction, also the equipments to be carried by the

boats and rafts, and the methods to be provided to
get the boats and other life-saving appliances into the
water, which methods may include on for use in
stormy weather : and
(c) the quantity, quality, and description of
buoyant apparatus to be carried on board British
ships carrying passengers, either in addition to or in
substitution for boats, life-boats, life-rafts, life-jackets,
and life-buoys.
(2) All such rules shall be laid before Parliament
so soon as may be after they are made, and shall not
come into operation until they have lain for 40





days before both Houses of Parliament during the

session of Parliament ; and on coming into operation
shall have effect as if enacted in this Act

(3) Rules under this section shall not apply to any
fishing boat for the time being entered in the fishing
boat register under Part IV. of this Act.

428.-lt shall be the duty of the owner and mas-
ter of every British ship to see that his ship is
provided, in accordance with therules ' forL life-saving
appliances, with such of those appliances as, having
regard to the nature of the service on which the ship
is employed, and the avoidance of undue encumbrance
of the ship's deck, are best adapted for securing the
safety of her crew and passengers.

429.-(1) For the purpose of preparing and
advising on the rules for life-saving appliances, the
Board of Trade may appoint a committee, the mem-
bers of which shall be nominated by the Board in
accordance with the 17th schedule to this Act.

(2) A member of the committee shall hold office
for 2 years from the date of his appointment, bnt
shall be eligible for re-appointment.

(3) There shall be paid to the members of the
committee, out of the Mercantile Marine Fund, such
travelling and other allowances as the Board of

Trade may fix.
(4) Her Majesty may, by Order in Council, alter
the -17th schedule to this Act.

430.-(1) In the case of any ship-
(a) if the ship is required by the rules for life-
saving appliances to be provided which such appli-
ances and proceeds on any voyage or excursion with-
out being so provided in accordance with the rules
applicable to the ship ; or
(b) if any of the appliances with which the ship is
so provided are lost or rendered unfit for service in
the course of the voyage or excursion through the
wilful fault or negligence of the owner or master ; or

(c) if the master wilfully neglects to replace or

repair on the first, opportunity any such appliances
lost or injured in the course of the voyage or excur-
sion ; or





(d) if such appliances are not kept so as to be at
all flines fit and ready for use ; -
then the owner of the ship (if ill fault) shall for each
offence he liable to a fine not exceeding
the master of the ship (if it' fault) shall for each
offence be liable to a fine not exceeding

(2) Nothing in the foregoing enactments with res-
pect to life-saving appliances shall prevent any per-
soil from being liable mider any other provision of
this Act, or otherwise, to ally other or higher fine or
punishment than is provided by those enactments,
provided tbat a person shall not be punished twice
for the same offence.

(3) If the Court before whont a person is charged
with lit offence punishable mider those enactments
thinks that proceedings ought to be taken against
him for the offence under any other provision of this
Act, or otherwise, the Coart may adjourn the case to
enable stich proceedings to be taken.

431.-(1) A surveyor of ships may inspect any
ship for the purpose of seeing that she is properiv
provided with life-saving appliances in conformity
with this Act, and for the purpose of that inspection
shall have all the powers of a Board of Trade inspec-
tor under this Act.
(2) If the said surveyor finds that the ship is not
so provided, lie shall give to the master or owner
notice in writing pointing out the deficiency and also

pointing out what in his opinion is requisite to remedy
the sarne.
(3) Every notice so given shall be communicated
in the manner directed by the Board of Trade to the
chief officer of customs of any port at which the ship
may seek to obtain a clearance or transire, and the
ship shall be detained until a certificate under the
hand of any stich surveyor is produced to the effect
that the ship is properly provided with life-saving
appliances in conformity with this Act.

M. S. -ACT, 1906-[6 EDW. VII, c. 48j ss. 4, 5.-

4.-Sections 427 to 431 of the Principal Act [tile
Act of 18941 relating to life-saving appliances shall '
after the appointed day, apply to all foreign ships





while they are within any port of the United King-
dom as they apply to British ships ;
Provided that His Majesty may by Order-in-Coun-
cif direct that those provisions shall not apply to any
ship of a foreign country in which the provisions in
force relating to life-saving appliances appear to His
Majesty to be as effective as the provisions of Part
V of the Principal Act, on proof that those provisions
are complied with in the case of that ship,

5-For the purposes of this Part of this Act the
appointed day shall be 1st January, 1909, or such
other day not being more than 12 months later, as

the Board of Trade may appoint ; and different days
may be appointed for different provisions of this
Part of this Act, and for different foreign countries.

ORDER 15 COUNCIL [DExMARK] 221,1,1) APRIL, 1910.

AND WHE RFAS it appears to His Majesty that the provisions in force in
Dentilark relatinu to life-saving appliances are as effective as the provi~
sions of Part V of the Principal Act
Now, therefore, His Majesty's Highness the Prince of Wales, being
authorised thereto bv writing under His Majesty's Sign Manual, doth,
by and with the advice of His - Majesty's Privy Council, on behalf of
Bis Majesty direct that the provisions of sections 127 to 431 of the
Principal Act shall not apply to any Danish ship while within any Port
of the United Kingdom, if it is proved that the aforesaid Danish provi-
sions relating to life-saving appliances are complied with in the case of
that ship.

COUNTRIES TO 1,17,UICLI THE SECTIONS 11AVE BEEN APPLIED.

Denmark . .............22nd April, 1910
France ................22nd Nov., 1909
Germany ...............10th Aug., 1909
Netherlands ...........11th June, 1909
Norway . ........................................ ... 10th Aug., 1909
Sweden ....................................................... 22nd Nov., 1909






Recognition of Foreign Deck-line and Load-line Certifleates.

M. 8. ACT, 1894, s. 445.-
445.-(1) Where the Board of Trade certify that
the laws and regulations for the itme beign in force
in any foreign country and relating to overloading
and improper loading are equally effctive with the
provisions of this Act relating thereto, Her Majesty
in Council may direct that on proof of a ship of that
country having complied with thosse laws and regula-
tions, she shallnot, when in a port of the United
kingdom, be liable to detention for non-compliance
with the said provisions of theis Act, nor shall there
arise any liability to any fine or penalty which would
otherwise arise for non-compliance wtih those pro-
visions.
(2) Provided that this section shall not apply in
the case of ships of any foreign country in which it
appears to Her Majesty that corresponding provisions
are not extended to British ships.

ORDER IN COUNCIL [NETHERLANDS] 11TH JUNE, 1910.

AND WHEREAS the Board of Trade have ' certified that certain statutory
regulations which have been approved by the Government of the Ne-
therlands relating to overloading, so far as regards the assignment of
load-lines to ships belonging to the Netherlands on and after the ist
January, 1909, are equally effective with the corresponding regulations
in force in this country respecting the assignment of load-lines to British
merchant ships
Now, therefore, His Majesty in Council doth direct that on proof that
ships belonging to the Netherlands have complied with the aforesaid
regulations of the Government of the Netherlands, such ships shall
not, when in ports of the United Kingdorn, be liable to detention for
non-compliance with the provisions of the Merchant Shipping Acts
relating to over-loading, nor shall there arise any liability tQ any fine or
penalty which would otherwise arise for non-compliance with those
provisions.






COUNTRIES TO TWIrCH THE SECTION HAS BEEN 4PPI~l-rD.
France . ..............22nd Nov., 1909
Germany . .............21st Nov.,. 1908
Netherlands . .........11th June, 1910
Sweden ............................................13th Oct., 1901

G
Application of Life Salvage provisions to Foreign Ships.

M. S. ACT, 1894, ss. 544, 545.-

544.-(1) Where services are rendered wholly or
in part within British waters in saving life from any
British or foreign vessel, or elsewhere in saving life
from any British vessel, there shall be payable to the
salvor by the owner of the vessel, cargo, or apparel
saved, a reasonable amount of salvage, to be deter-

mined in ease of dispute in manner hereinafter men-
tioned.
(2) Salvage in respect of the preservation of life
when payable by the owners of the vessel shall bc
payable in priority to all other claims for salvage.
(3) Where the vessel, cargo, and apparel are des-
troyed, or the value thereof is insufficient, after ay-

ment of the actual expenses incurred, to pay the
amount of salvage payable in respect of the preserva-
tion of life, the Board of Trade may, in their disere-
tion, award to the salvor, out of the Mercantile
Marine Fund, such sum as they think fit in whole or
part satisfaction of any amount of salvage so left
unpaid.

645.-When it is made to appear to Her Majesty
that the Government of any foreign country is willing

tbat salvage should be awarded by British Courts for
services rendered in saving life from ships belonging

to that country, when the ship is beyond the limits
of British jurisdiction, Her Majesty may, by Order in
Council, direct that the provisions of this Part of this
Act with reference to salvage of life shall, subject to
any conditions and qualifications contained in the
order, apply, and those provisions shall accordingly
apply to those services as if they were rendered in
savinc, life from ships within British jurisdiction.
0





ORDER IN COUNCIL [PRUSSIA] 7TH APRIL, 1864.

AND WHEREAS it has been made to appear to Her 1V1ajesty that His
Majesty the King of Prussia is willing that salvage shall be awarded
by British Courl's for services rendered in saying life from Prussian
ships when beyond the limits of British jurisdiction

Now, therefore, Her Majesty, by virtue of the power vested in Her by
the said Aferchant Shipping Act Amendment Act, 1862, and by and with
the advice of Her Privy Council, is pleased to order and direct that
the provisions of the Merchant Shipping Act Amendment Act, 1862,
and of the Merchant Shipping Act, 1854, with respect to salvage for
services rendered in saving life from British ships, shall, in all British
Courts, be held to apply for services rendered in saying life from
Prussian ships, whether such services are rendered within British juris-

diction or not.

COUNTRY TO WHICH THE SECTION HAS BEEN APPLIED
Prussia . ............7th April, 1864

H
General Provision for extending other provisions
of the Act to Foreign Countries.

M. S. ACT, 1894, s. 734.-

Application 734. Where it has been inade to appear to her
by Orderin
Coulle Majesty that the Government of any foreign country
,il of Majesty is desirous that any of the provisions of this Act, or
provisions of is of any Act, hereafter to be passed amending the
same. which do not apply to the ships of that country,
Merchant should so apply and there are no special provisions
sllippil3g
Acts to for-
eign ships.
in this Act for that application, Her Majesty in
Council may order that such of those Provisions as
are in the Order specified shall (subject to the limit-
ations, if any, contained therein) apply to the ships
of that country, and to the owners, masters, seanten,
and apprentices of those ships, when not locally with-
in the jnrisdiction of the Government of that conntry
in the same manner in all respects as if those ships
were British ships.

The only ease in which action has been taken under this section is in
the case of the Rules as to Signals of Distress, contained in the Collision
Regulations [see ante. p. 230].





PROVISIO.AIS OF TEE, 2VIERCLIANT 8I11PPING ACTS,
WEICE HAVE BEE-W APPLI-E-D TO COLOSIES
BY OR-DER1N COUNCIL.

A
Recognition of Colonial Load-line CerAficates. t

M. S. ACT, 1894, s. 444.-

444. Where the Legislature of any british pos-
session by any enactment privides for the fixing,
making, and certifying of load-lines n ships
registered in that possession,and it appears to Her
Majesty the queen that that enctement is based on
the same principles as the provisions of this Part of
this Act relating to load-lines, and is equally effective
for ascertaining and determining the maximum load-
lines to which those ships can be safely oaded in salt
water, and for giving notice of the load-line to persons
interested, Her Majesty in council may declare that
any load-line fixed and marked and any certificate
given in pursuance of that enactment shall, with re-
spect to ships so registered, have the same effect as
if it had been fixed, marked, or given in pursance of
this Prt of this Act.

ORDER IN COUNCIL [INDIA] 28TH NOVEMBER, 1889

AND WHEREAS the legislature of teh Government of India have by
the Deck and Load-Lines Act, 1891, made provision for the fixing,
marking, and certifying of load-lines on ships registered in that posses-
sion, and for giving notice of the load-line on ships registered in that posses-

AND WHEREAS it has been made to appear to Her majesty the Queen
that such provision is based on the same principles as the provisions of
Part V of tehmerchant shipping Act, 1894, and is equally effective
for ascertaining and determining the maximum load-lines to which such
ships can be safely loaded in salt water, and for giving notice of the
load-line to the persons-interested:












































































Now, therefore, Her Majesty, in exercise of the powers vested in
Her by the Merchant Shipping Act, 1894, by and with the advice of
Her Privy Comicil, is pleased to declare and 'doth hereby declare that
any load-line fixed and inarked and any certificate given in purstiance
of the said enactment shall, with respect to such ships so registered,
have the saine effect as if it had been fixed, marked, or given in pursu-
ance of Part V of tlfe Merchant Shipping Act, 1894;

POSSESSIONS TO WHICH THESECTION HAS BEEN APPLIED.
1ndia . ................. 28th 1Nov., 1899
South Australia . ... 15th May, 1900
Straits Settlements ............ 15th March, 1893
Victoria . ..........7th March, 1899

B
Colonial Certificates of Competency.

M. S. ACT, 1894, s. 102.-

Colonial cer- 102. VYhere the Legislature of any British posses-
tificates of siou provides for the examination of, and grant of
competency.
[Certificates of com- certificates of competency to, persons intending to act
peteney for masters, as masters mates, or engineers on beard ships, and
mates and engineers
are granted in Hong- the Board of Trade report to Her Majesty that they are
kong under s, 4. of tb e
Merchant Shipping satisfied that the examinations are so conducted as to
Ordinance 1899.1 be equally efficient with the examinations for the
same purpose in the United Kingdom under this Act,
and that the certificates are granted on such principles
as to shoiv the like qualifications and competency as
those granted under this Act, and are liable to be
forfeited for the like reasons and in the like manner,
Her Majesty may by Order in Council :-
(i) declare that the said certificates shall he of the
saine force as if they had been granted under this
Act : and
(ii) declare that all or any of the provisions of this
Act, which relate to certificates of competency
granted under this Act, shall apply to the certificates
referred to in the Order : and
(iii) impose such conditions and make such re-
gulations with respect to the certificates, and to the
use, issue, delivery, cancellation, and suspension





thereof, as Her Majesty may think fit, and inipose
fines not exceeding $50 for the breaell of those
conditions adn reglations

ORDER IN COUNCIL, 9TH MAY, 1891, RECOGNISING CERTIFICATES OF
COMPETENCY.G R ANTE 1) IN HONGKONG AND IN OTRER COLONIES.

AND WHEREAS by the Merchant Shipping Act, 1876, it is provided that

Her Majesty may by Order in Council, revoke,alter, or add to any Order
in Council made by Hei. under the Merchant Shipping Acts :
AND WHEREAS by the Order in Council of the 19th day of August, 1889,
Her Majesty was pleased to declare that, subject to certain exceptions,
conditions, and regulations therein contained or set out in the schedule
thereto, the. Colonial Certificates granted as follosys, viz:-

12. On and after the 1st January 1884, by the Governor of the Posses-

sion of Hongkong, to person sintending to act as masters, mates,or
Encgineers on board British ships;

AND WHEREAS it has been made to appear To Her Majesty that it is ex-
pedient that the conditions and regulations set out in the said recited
Orders in Council and the schedules thereto should be rescinded and the
said recited Orders in CouncA revoked, and a new Order in Council
containing such modified and aMended conditions and reaulations sub-
stituted in lieu thereof:
Now, therefore, Her Majests by and with the advice and consent of
Her Privy Council, is hereby 'leased-
(1) To declare that the colonial certificates of coMpetency granted-

(72) by the Governor of the Possession of Hongkong, froM and after the
1st January, 1884, to persons intending to act as Masters, Mates, or
Engineers on board British ships

(2) To declare that all the provisions of the said Acts which relate to
certificates of competency for tlie. foreign trade granted under those
Acts, except-
so much of the third sub-section of the 23rd section of ' The Mer-
chant Shipping Act Amendment Act, 1862, as requires, at the
conclusion of a case rclating to the cancelling or suspending of a cer-
tificate, such certificate, if cancelled or suspended, to be forwarded to
the Board of Trade, and the whole of the provisions of the 4th sub~section
of the same section, *





shall apply to such colonial certificates of competency as are in para-
graph 1 of this Order referred to
(3) To impose and make the regulations set out in the schedule A
hereto, numbered 1 to 12 respectively, with respect to the said colonial
certificates of competency, and to the use, issue, delivery, cancellation,
and suspension thereof, and to impose for the breach of such regulations
the penalties therein mentioned.
(4) To revoke the conditions and regulations, set out in the schedules
to the said recited Orders in Council, and to substitute therefor the re-
gulations set out in the schedule A hereto, numbered 1 to 12 respectively,

and to declare that, from and after Che time when this Order takes effect,
the regulations set out in the schedule A hereto shall apply to all
colonial certificates that may heretofore have been or shall be hereafter
uranted as aforesaid.
1
(5) To declare that this Order shall take effect in the said Possessions
respectively which are enumerated in the schedule B hereto, 'Immediately
from and after the publication of this Order in such Possession respee-
tively, and that all certificates erranted in the said Possessions sub-
sequently to the dates named the schedule B and before this Order
comes into force shall have the sarne effect, and be of the same value, and
confer the same privileges on the holders thereof as if granted after this
present Order.
(6) To direct that the said hereinbefore recited Orders in Council
shall be revoked in each of the said Possessions on the day oil which this
Order takes effct therein as provided in the preceding paragraph 5)
hereof : provided, however, that the revocation of the said Orders in
Council shall not affect or invalidate any colonial certificate of coni-
petelicy previously granted to which the said Orders in Council apply,
or affect the validity or invalidity of anything done under the said Orders
in Council before this Order takes effect or any obligation heretofore
incurred:
(71) A copy of this Order shall forthwith, after the publication thereof
in the London Gazette, be forwarded to the Governor, Lientenant-Gover-
nor, Administrator, or Head of the Government of each of the said enumer-
. stated Possessions, who shall, immediately upon the receipt of such copy,
publish this Order, and the Secretary of State for the Colonies and the
Secretary of State for India in Council are hereby required to take order
in that behalf.

fOrder in Council, 22nd October,11906.]

His Majesty, by and with the advice and consent of His Privy
Council, is hereby pleased-





To declare that the colonial certificate of competency granted or to be
hereafter granted by the Governor, Lieutenant-Governor, Administrator,
Head of the Government, Minister, Board, Body or Corporation of or in
any British possession mentioned in the said Orders in Council 1 for the
time being authorised by the Legislature or Legislative Authority of
such possession to grant colonial certificates of Competency (hereinafter
called 'the proper authority ') froin and after the respective dates in
the case of the several possessions with reference to theseveral kinds of
certificate in the said Orders in Council mentioned shall be of the salne
force as if they had been granted under the Merchant ShippinpAct, 1894,
and shall be subject to the same conditions and regulations as are set out
in schedule A to the said Order in Council of the 9th May, 1891, and the
said Orders in Council shall be read and construed as if the proper
authority had been originally nientioned therein in the case of each such
possession in lieu of the authority in each case actually nanied and
described therein.

SCHEDULE A.

REGULATIONS
WITH RESPECT TO THE USE, ISSUE, DELIVERY, CANCELLATION, AND
SUSPENSION OF COLONIAL CERTIFICATES OF COMPETENCY.

Interpretation clause.
In the construction and for teh purposes of these Regulations, the following
terms shall have teh respective meanings hereinafter assigned to them, that
is to say:-

'Coonial certificate of competency' or 'Colonial certificate' shall mean
a cetificate of competency granted under the authority of the legislature
or legislative authoirty of one of the Bitish Possessions in schedule B
hereto mentioned, to persons intending to act or acting as masters, mates,
or enguneers of British ships.

'Authority' shall mean the Governor, Lieutenant-Governor, Administra-
tor, Head of the Government,Minister, Board, Body, or corporation of or in
any British possession for the time being anthorised by the Legislature or
legislative authority of such Possesion to grant colonial certificates of
competency.

'Certificate' shall mean a certificate of competency.

REGULATIONS.

Form of Certificate.

1. A colonial certificate of competency shall be on parchment, and as
nearly as possible similar in shape and form to the corresponding certificate
of competency for the foeign trade granted by the board of TRade under
the Acts relating to merchant shipping.






Name of-Possession to be inserted.
2. A colonial certificate of conipetency shall have the naine of the-
British Possession in which the sanie is granted, inserted prominently on its
face and back.

Certifixates to be numbered conseculively.
3. The certificates of competency granted in each British Possession
shall be numbered in consecutive order.

Lists of Certificates granted, cancelled, lo be sent to Registrar
General of Seamen.
4. The authority in each British Possession shall furnish the Recistral.

General of Seamen in Loitelon, from time to time, with accurate lists of
all such colonial certificates of competency as may be granted therein or
as mya, for any cause whatsoever, be cancelled, suspended, removed, or
re-issued; and shall also furnish him with duplicates of the applications for
examination made by the persons to whom such certificates are -ranted.


Certificates to be fIranted only upon proof of service at sea.
5. A colonial certificate of competency shall be grained oniv upon
proof that the previious service at sea of the person applyimr for the sainG has.
been such as is required by the reonilations for the time being in force in the
United Kingdom with respect to certificates of the like grade.

Certificates of competeticy granted contrar to this regulation, or upon
any false, incorrect or insufficient proof, certificate, or report of service,
qualification, conduct, or character shall be reprded as improerly gralited.

Certificates not to be granted when former are cancelled.
6. A colonial certificate of competency shall not be graoted to any
person who may hive had a certificate, whether granted by the Board of
Trade or by the authority of a British Possessions, cancelled or suspended
underthe provision of the said Acts or of any Act or Ordinance for the time
being in force in any part of Her Majesty's Dominions, unless-
(i) in accordance with Regulation No. 7

(ii) or the same is a certificate of a lower grade than the one so cancelled
or suspended, and is issued upon the recommendation of the Court or authority
which cancelled or suspended the original certificate
(iii) or the period of suspension has expired ;
(iv) or intimation has been received from the Board of Trade, or the
authority by whom the cancelled or suspended certificate was origitially

granted, to the effect that no objection to the grant of such colonial certificate
is known to exist.
tefore a certificale is returned in accordance with sub-section (iii) any
certificate which may have been granted temporarily or pending the
suspension must. be delivered up and it shall be returned to the authority by
whom it was granted.
Colonial certificates of competency granted contrar to this regulation

shall be regarded as improperly granted.

Certificates which may be granted after a Certificate
has been cancelled or suspended.
7.-(1) It shall be lawful for the Governor or person administering the
Government of the British Possession in which a certificate has been
cancelled or suspended if, after full investigation of all the circumstances, lie
thinks the justice of the ease requires it
(a) If the certificate was granted in the Colony, to return the certificate
which has been cancelled or suspended, or to shorten the tinic for which it is
suspended, or to grant or request the authority of the Possession to -rallt a
certificate of the same or any lower grade in place of the certificate which
has been cancelled or suspended.
(b) If the cancelled or suspended certificate was granted by the authority
of another Colony, to request such authority to return the certificate which
has been cancelled or suspended, or to shorten the time for which it is stis-
pended, or to grant a certificate of the sanne or any lower grade bl place of the
certificate which has been cancelled or suspended.

(c) If in the opinion of sneh Governor or person administering the Gov-
ernment of the British Possession the justice of the case requires the issue
of a colonial certifieIAe without delay to the person whose certificate ha, heen
cancelled or suspended, the Governor or person administering the Govern-
ment aforesaid (in addition to actill- upoll sub-section 6 of this regulation)

to issue, or request the authority in such British Possession to issue, a certi-
ficate of the same or any lower grade in phice of the certificate which has
been cancelled or suspended, which substiluted certificate is to be in force
for such limited period as skich Goveruor or person adininistering as aforesaid
shall in that behalf direct and no longer.
(d) If the cancelled or suspended certificate was granted by the Board of
Trade, to issue or request. the authority of the Possession to issue a colonial
certificate of the same or any lower grade in place of the cancelled or sus-
pended certificate, and such substituted certificate is to be in force for snell
limited period as such Governor or person administering as aforesaid shall in
that behalf direct and no longer ; and the Governor or person aforesaid shall
also cause the Board of Trade to be informed of his act.

(2) If a colonial certificate is cancelled or suspended in the United King-
dorn the Board of Trade may, if in their opinion the justice of the caSe re-
quires it, refurn. or request the authority by whom, sach certificate was
granted to return tiny certificate which has been cancelled or suspended, or
shorten or request such authority to shorten the time for which it was sus-
pended, or request such authority to issue a certificate of the same or ally
lower grade in place of the certificate which has been cancelled or suspended.
(3) Whenever the authority by whom a cancelled or suspended certificate
was originally issued is requested by the Governor or person administering






the Government of a British Possession in accordance with section (1) of
this regulatiou, or by tbe Board of Trade, in accordance with section (2)
of this regulation, to return any certificate which has been cancelled or sus-
pended, or to shorten the time for which it is suspended, or to issue a certi-
ficate of the same or any lower grade in place of any certificate which has
been so cancelled or suspended, the authority so requested as aforesaid shall
forthwith return any certificate which has been cancelled or suspended or
shorten the time for which it was suspended, or issue a certificate accordingly
(as the ease may be).
(4) In all cases in which the powers given by this regulation are exercised,
a report of the ease sliall bc sent by the Governor or person administering

the Government of the Possession in which the powers are exercised to the
authority by whom the cancelled or suspended certificate was granted.

Certificates improperly granted may be cancelled
without formal investigation.
8. A colonial certificate of competency which appears from information
subsequently acquired, or otherwise, to have been improperly granted, may
(witbout any formal investigation under the Alerchant Shipping Act,
1854, or the Acts amending the saine) be cancelled by the authority by
which the same was granted, or by the Board of Trade in the United King-
dom, and the holder of such certificate shall thereupon deliver it to the Board
of Trade or stich authority, or as they or either of thein may direct, and in
default thereof shall incur a penalty not exceeding
recoverable in the manner in which penalties imposed by the Acts relating
to Merchant Shipping are thereby made recoverable, or in such other sum-

mary proceedings as the law of any British Possession where the holder may
be, may allow or permit to be brought for the recovery thereof.

Cancellation &c of a Cerlificate shall involve cancellation of all. the other
Certificates possessed by its Owner.
9. Every decision with respect to the cancellation or suspension of a
certificate pronounced by any Board, Court, or Tribunal under the provisions
of the said Acts, shall, unless otherwise directed, extend equally to all the
colonial certificates at the time possessed by the person in respect of whom
the decision is made.

Certificates believed to befrandulent may be demanded.
10. Any officer of the Board of Trade, or the Registrar-general of
Seamen, or -any of his officers, or a Superintendent of a Mercantile Marine
Office, or a consular office, or duly appointed shippin gofficer in a British

Possession, may demand the delivery to him of any colonial certificate of
competencywhich he has reason to believe has been improperly issued, or is
forged, altered, cancelled, or suspended, or to which the person using it is not

justly entitled, and may detain such certificate for a reasonable period for
the purpose of making inquiries respecting such issue, forgery, 91teration,





cancellation, suspension, or possession, and any person who, without reason-
able cause, neglects or refuses to comply with such demand shall incur a
penalty ixot exceeding or its equivalent inn local currency, which
shall be recoverable in the manner in which penalties imposed by the Acts
relating to 'THerchant Shipping are thereby made recoverable or such other
summary proceedings as the law of any British Possession where such person
may be, may allow or permit to be bron-lit for the recoverv thereof.


Smepended Certificates to be re-issued only by Cotuny by which
originolly grunted
11. Subject to these Regulations, a colonial certificate of competency
which has, from any calise, been cancelled or suspended shall be renewed or
re-issued only by the authority by which the sanic was originally granted.

Colonial Certificates to be re-issued only by to be sent to the
originally which granted them.
12. Whenever a colonial certificate is cancelled or suspended the Board,
Conrt, or Tribunal cancelling or suspending the sanie shall send to the
authority by whom the certificate was granted a full report upoll the case,
tolgether with a copy of the evidence taken therein, and also the Certificate
which has been cancelled or suspended.

SCHEDULE B.







Imprisonment in Colonies of persons sentenced by
Naval Courts.

M. 8. Act, 1906,-[6 Edw. VII. c. 4811 s. 67,-
97.-(1) The powers of a Naval Court under sec-
tion 483 of the princial Act [the Acto r 1984] wich
deals with those powers shll include a power to

send an offender sentenced by the Court to impri-
sounlent either to the United Kingdom or to any
British possession to which, His Majesty by Order in
Council has applied this section, as appears to then,
most convenient for the purpose of being imprisoned,
and the Court may take the same steps, and for that
purpose shall have the same powers, as respects the
orders which may he given to masters of ships as a
consular officer has for the purpose of sending at,
ofiender for trial under section 689 of the principal
Act, and sub-sections (2), (4), and (.5) of that section
shall apply with the necessary modification.
(2) Any master of a ship to whose charge, an
offender is committed under this section shall on his
ship's arrival in the United Kingdom or in a British

possession, as the case may 15c, give the ofiender into
the custody of some police officer or constable, and
the offender shall be dealt with as if he had been
convicted and sentenced to imprisonment by a Court
of competent Jurisdiction in the United Kingdom or
in the British possession, as the case may be.
(3) Flis Majesty may by Order in Council apply
this section to any British possession the Legislature
of wkich consents to that application.

*The section has not as yet been applied to Hongkong.





Sections of the Merchant Shipping Acts applicable
to Colonial Legislatures and Governors, etc.

The Alerchant Shipping Acts contain many
references to the Colonies, and to have set them
all out would have resulted in an increase in
the bulk of this volume beyond the limits of
the Editor's authority. The sections may
be roughly grouped under four heads-jurisdic-
tion of Colonial Legislatures, of Colonial Gover-
nors, of Colonial Courts, and of Colonial inari-
thne officers. The Courts and the shipping
officers may be presumed to have copies of the
Act ready to their hand; but this is not so in the
cage of the Legislature and of Executive officers.
It has been thought desirable therefore to set
out, in addition to those sections already pyinted
in this Part, no more than what may be called
the constitutional sections of these important
Acts ; and for convenience of reference, mar-
ginal references are given to the sections of
the Merchant Shipping Ordinance by which the
powers given to the Legislature have been
exercised in this Colony.

Powers of Governor as to Distressed Seamen.
AI. S. Aci,, 1906, (6 Ed. VII c. 48 ss. 41 & 49).
41.-(1) Where either-
(a) Any seamen, whether subjects of His Majesty or not, are
found in any place out of the United Kingdom, and have been ship-

wrecked from any British ship or any of His Majesty's ships, or by
reason of haviner been dischar ed or left behind from any such ship in

any place out of the United Kingdom, are in distress in that place, or
(h) any seamen, being subjects of His Majesty, who have been
engaged by any person acting either as principal or agent to serve in a
ship belonging to the Government or to a subject or citizen of a
foreign country, are in distress in any place out of the United KiDg-
dom,





the proper authority as defined for the purpose in this Part of this
Act may, and, if not a merchant, shall, in accordance with and on the
conditions prescribed by the Distressed Seamen Regulations, provide
in accordance with this Act for the return of those seamen (who are it,
this Act included in the term distressed seamen) to a proper return
port, and also provide for their necessary clothing and their mainten-
ance until their departure for such a port, and in addition, in the case
of shipwrecked seamen, for the repayinent of any expenses incurred
in their conveyance to port. after their shipwreek, and their
ance while being so conveyed.
(2) The authority shall be paid in respect of the expenses incurred
under this section on behalf of distressed seamen such sums as the
Board of Trade may allow, and those sum,,. shall, on the production
of the bills of disbursements, with the proper vouchers, be paid as
provided by this Part of this Act.

49. For the purposes of this Part of this Act, unless the context
otherwise requires :-

(1) The expression 'proper authority' incans-

(b) as respect a place in a British possession-

(ii) in relation to distressed seanien the Governor of the posses-
sion or any person acting under his authority ; and

(29) The expression 'seamen' includes not onlysealnen as defilled
by the principal Act, but also apprentices to the sea Service

Powers-of Governor in regard to Ilealth on board Ships.

M. S. ACT, 1894, (57 & 58 Vict. c. 60 s. 20.5).
t 205. The Governor of a British possession shall have the power in
that possession-
(a) of appointing medical inspectors of seamen, of charging fees
for medical examinations by those inspectors, and of determining the
remuneration to be paid to those inspectors: and,

(b) subject to the laws of that possession, to make regulations con-
ee7ning the supply in that possession of anti-scorbutics for the use of
ships, and anti-scorbutics duly supplied in accordance with those regu-
lations shall'be deemed to be fit and prper for the use of ships.





Powers of Legislature to apply provisions ot'Part 11 as to
Master and Seamen' to Colony, with effect
throughout the Dominions.
31. S. ACT, 1894, (57 & 58 Vict. c. 60 s. 264).
264. If the Legislature of a British possession, by any law, apply or
adapt to any British ships registered at, trading with, or being at, any
port in that possession, and to owners, masters, and crews of those ships
any provisions of this Part of this Act which do not otherwise so apply,
such law shall have effect throughout Her Majesty's dominions, and in
all places where Her Majesty has jurisdiction in the same manner as if
it were enacted in this Act.

Confl.ict of Laws to be settled 1),y the Act.
M. S. ACT, 189-1, (57 & 58 Vict. c. 60 s. 265).
265. where in any matter relating to a ship or to a person belong-
ing to a ship there appears to be a conflict of laws, then, if there is in
this Part of this Act any provision on the subject-which. is hereby
expressly made to extend to that ship, the case shall be governed by
that provision ; but if there is no such provision, the case shall be
governed by the law- of the port at which the ship is registered.

Exclusion of Hongkong froin definition of Colonial Voyage.
M. S. ACT, 1891, (57 & 58 Vict. c. 60 s. 270).
270. For the purposes of this Part [Part III] of this Act a colonial
~,ovage means a voyage from any port in a British possession, other than
British India and Hongkong, to any port whatever, where the distance
between such ports exceeds 400 miles, or the duration of the yovage, as
determined undei; this Part of this Act, exceeds 3 days.

Sanitary Regulations as to Steerage Passengers.
M. S. ACT, 1894, (57 & 58- Vict. c. 60 s. 324).
324. Her Majesty may by Order in Council make regulations-
(1) for preserving order, promoting health, and securing cleanliness and
ventilation on board emigrant ships proceeding from the British Islands
to any port in a British possession ; and
(ii) for prohibiting emigration from any port at any time when choleraic

or any epidemic disease is generally prevalent in the British Islands or
any part thereof; and
(iii) for reducing the number of steerage passengers allowed to be
carried in any emigranc.ship, either generally or from any particular
ports in the British Islands ; and
(M for permitting the use on board emigrant ships of apparatus for

distilling water and for defining in such case the quantity of fresh ivater





to be carried in tanks and casks for the steerage passengers under the
foregoing provisions of this Part of this Act ; and

(v) for requiring duly authorised medical practitioners to be carried
in emigrant ships where they would not otherwise under this Part of
this Act be required to be carried.

Powers of Governor in regard to wrecked passengers.

M. S. ACT, 1894, (57 & 58 Vict. c. 60 ss. 332-334).
332. If any passenger, whether a cabin or a steerage passenger, is
either taken off any ship which is carrying any steerage passenger on a
voyage from any part of Her Majesty's dominions and is damaged,
wrecked, sunk, or otherwise destroyed, or if any such passenger is picked
tip at sea from any boat, raft, or otherwise, it shall be lawful-

(a) if the port to which such passenger (in this Act referred to as a
wrecked passenger) is conveyed is in the United Kingdom, for a
Secretary of State ; and

(b) if the port is in a British possession for the Governor of that posses~
sion, or any person authorised by him for the purpose; and

(c) if the port is elsewhere, for the British consular officer there;
to defray all or part of the expenses thereby incurred.

333-(1) If any passenger whether a cabin or a steerage passenger
from am- ship which is carrying any steerage passenger on a voyage
froni ans, port in Her -Majesty's dominions finds himself without any
neglect or default of his own at any port outside the British Islands
other than the port for which the ship was originally bound, or at
which he, or the Board of Trade, or anY public officel. ot. other person
on his behalf, has contracted that he should land, it shall be lawful-

(a) if the place is in a British possession, for the Governor of that
possession, or any person authorised by the Governor for the purpose;
and

(b) if the place is elsewhere, for the British consular officer there;
to forward the passenger to his intended destination, unless the master
of the ship, within 48 hours of the arrival of the passenger, gives to

the Governor or consular officer, as the case may be, a written tinder-
taking to forward or convey within 6 weeks thereafter the passenger to
his original destination, and forwards or conveys him accordingly within
that period.

-(2) A passenger so forwarded by or by the authority of a Governor
or a British consular officer shall not be entitled -tinder this Part
[Part III] of this Act to the return of his passage money, or to any
compensation for loss of passage. *
3 34. -(1) All expenses incurred under this Part [Part III] of this

Act or by the authority of a Secretary of State, Governor of a B itish
possession, or consular Officer in respect of a wrecked passenger, or for-
warding of a passenger to his destination, including the cost of maintain-
ing the passenger, until forwarded to his destination, and of all necessary
bedding, provisions, and stores, shall be a joint and several debt to the
Grown from the owner, charterer, and master of the ship on board of
which the passenger had embarked.

(2) In any proceedin g for the recovery of that debt a certificate
purportitig to be tinder the hand of a Secretary of State, Governor, or
consular officer, and stating the circum stances of the case, and the total
amount of the expenses, shall be admissible in evidence in manner
provided by this Act, and shall be sufficient evidence of the amount of
the expenses, and of the fact that the saine were duly incurred, unless
the defendent specially pleads and duly proves that the certificate is
false and fraudulent, or that the expenses were not duly incurred under
this Act.

(3) The sum recovered ort account of the expenses shall not exceed
twice the total amount of passage money which the owner, charterer,
or inaster of the emigrant ship proves to have. been received by Itim or
on his account, ot. to be clue to and recoverable by him or on his account.
in respect of the whole number of passengers whether cabin or steerage
who embarked in the ship.

Govrnor may appoint Emigration Officers.

M. S. ACT, 1894, (57 & 58 Vict. c. 60 s.
355.-(1) In the British Islands the Board of Trade, and lit a British
possession the Governor of that possession, may appoint and remove such
emigration officers and assistant emigration officers as seem necessary
for carrying this Part [Part III] of this Act into execution, under the
direction of the Board or Governor, as the case may be.
(2) All powers, functions, and duties to be exercised or performed,
and anything to be done in pursuance of this Part of this Act by, to, or
before an emigration officer, may be exercised, performed, and done by,
to, or before his assistant, ot., at any port where there is no emigration
officer or assistant, ot. in their absence, by, to, or before the chief officer
of customs for the time beino. at such port, and in any such case it.shall
be the duty of the chief officer of customs to do anything -which it is
the duty of the emigration officer or his assistant to do.

(3) A person lawfully acting as an einigration officer under this Act
shall in no case be personally liable for the paynient of any money or
costs or otherwise in respect of any contract made, or of any legal





proceedings for anything done, by him in his official capacity as an
cinigration officer and on the public service.

Poteers of' Governor as regards' ITmigrant Ships.

T~,l. S. ACT, 1894, (57 & 58 Vict. c. 60 ss. 366 & 367).
366.- (1) The Governor of 'a British possession may by proclania-
tion-
(a) determine what shall be deenied, for the purposes of this Part of
tbis Act, to be the length of the voyage of any ship carrying steerage
passengers froin any port in that British possession to any other port
and
(15) fix dietary scales for steerage passengers during the voyage ; and
(c) declare what niedical stores shall be deemed necessary for the
inedleal treatnient of the stecrage passengers durin the voyage.

(2) Every such proclamation shall take effect from the issue thereof,
and shall have effect without as well as within the possession, as if
cimeted in this Part [Part Ill.] of this Act.
(3) The Grovernor of a British possession may authorise such persons
as he thinks fit to mabc a like, survey of enlicrant ships sailing from
that possession as Is by this Act required to be made by two or more
conipetent, surveyors in the case of cinigrant ships sailing from the
British Islands.
(4) The Governor of a British possession may authorise any coulpe-
tent person to act as inedical practitioner on board an einigrant ship
proceeding on a colonial voyage.
367.- (2) The Governor of any British possession
Illay. if lie thinks fit, declare by proclamation that ships intended te pass
within the tropies from any port in such possession tnay convey steerage

passengers, beino. natives of Asia, or Africa, after the. rate of one for

every 12 superficial feet of the passenger deck instead of after the rate

specified in the 10th schedtile to this Act.
(3) Every stich proclamation shall take effect from the issue there-
of, or such other day as may be iianied therein, and shall have effect
without as well as within theas if it were enacted in this
Part of this Act in substitution as respects the said ships for the 10th
schedule to this Act.

M. S. ACT, 1906, (6 Ed. VII c. 48 s. 17).
M-(1) The Board of Trade may prescribe regulations, scales, con-
ditions and forms in substitution for those contained in the 10th, 11th,
12th, 13th and 14th schedules of the principal Act * * * * * *





(2) Any reference in the Merchant Shipping Acts or in any other
Act or document to any of those schedules shall be construed as a
reference to the corresponding regulatiotis, scales, conditions, or forms
prescribed by the Board of Trade under this section.

Poicer to Legislature to legislalte as to Inquiries into Shipping
Casualties and against Offleers.

M. S. ACT, 1894, (57 & .58 Vict. c. 60 s. 478).
478-W The Leuislature of any British poss-ession may authorise
any Court or tribunal to make inquiries as to shipwrecks, or other
casualtics affecting ships, or ,is to charges of incompetency, or miscon-
duet on the part of masters, mates, or engineers of ships, in the following
Cases namely
(a ',here a shipwreck or casualty occurs to a British ship on or
near the coasts of thepossession or to .1 British ship in the
coure of a voyage to a port Within the British
(b) where 't Shipwreck or casualty occurs in any part of the world to
a British ship registered in the Bvitish posses-sion -
(e) where some of the crew of a British ship which has been wreck-
ed or to which a casualty bas ocenrred, and who are competent witnesses
to the facts, are found in the British possession :
(d) where the inicompetency or misconduct has occurred on board a
British ship on or near file coasts of the British possession, or on board
a British ship in the course of a vovage to a port within the British
possession
(e) where the incompetency or misconduct has occurred on board a
British ship registered in the British possession
sylien the master, mate or engineer of a British ship who is
char,Yed with incompetency or misconduct, on board that British ship is
found in the British possession.
(2) A 'Court or tribunal so authorised shall have Lhe same jurisdic-
tion over the matter in question as if it had occurred within their
ordinary jurisdiction, but subject, to all provisions, restrictions, and
conditions which would have been applicable if it had so occurred.
(3) An inquiry shall not be held under this section into any matter
which has once been the, subject of an investigation or inquiry and has
been reported on by a competent Court, or tribunal in any part of Her
Majesty's dominions, or in respect of whcih the certificate of a master,


mate, or engineer has been cancelled or supended by a Naval Court.
(4) Where an investigation or inquiry has been commenced in the
United Kinadom with reference to any inatter, in inquiry with reference






to the same matter shall not be held, under this section in a British
possession.
(.5) The Court or tribunal holding -,in inquiry under this section shall
have the same powers of cancelling and suspending certificates, and
shaR exercise those powers in the same manner as a Court holding a
sinfflar investigation or inquiry in the United Kingdom.
(6) The Board of Trade may order the re-hearing of any inquiry
under Uds section in like manner as they may order the re-hearing of
a skTar invesHgation or imply in the United Kingdom, but if .in
application for re-hearing either is not ninde or is refused, an appeal
Shall he from ans, order or finding of the Court or tribunal holding the
inquiry to the ftigh Court in England : Provided an appeal. shall not
he
(a) from any order or finding on an inquiry into a easualty affeethg
a ship registered in a British possession. or
(b) form a decision affecting the certificate of a masteer,mate, or
engineer, if Unit emlitede Ims not be grantel, Wher in the United
Kingdom or in a British possession, under the authority of this Act.
(7) The, appeal shall be conducted in accorklance with such conditions
and regulations as may low time to time bc prescribed by rules made
in relation thereto tulder the powers contained in this Part [Part V, I]
of this Act.

M. S. ACT, 1906, (C) Ed. VII c. 48 ,,. 66).
M Mlem, on any investigation or inquiry under the provisions
of Pad VI of the principal Act, the court find that a shipping casualty
has been caused or contributed to by the wrengful act or defauR of
any lwrun, and an application for rehearing has not been made under
section 475 or section 478 of die principal Ace, or has been refused,
the owner of the ship or any other person wbo, having an interest
in the investigation or inquiry, lms aNwamd at the bearing and is
affected by to decTion of the court, may appeal from that decision
in die same manner and sublet to the sanic conditions in and subject
to which a master may appeal. under those, sections agaitist a decision
with respect to the cancelling or suspension of his cortificate.

Right of Crown to Unclaimed

M. S. ACT, 1894, (57 &- 58 Vict. c. 60 s. 523).
523. Her Majesty and fler Her Royal successors are entitled to all un-
claimed wreck found in any part of Her Majesty's dominions, except
in places where Her Majesty or any of Her Royal predecessors has
granted to any other person the right, to that wreek.





Application of Penalties and Costs of Prosecutions in Colonies.

M. S. ACT, 1894, (57 & 58 Vict. c. 60 ss. 699 & 700).
899.- (1) Where any Court, Justice of the Peace, or other Alagis-
trate, imposes a fine under this Act for which no specific application is
herein provided, that Court, Justice of the Pcace, or Magistrate, may,
if they think fit, direct the whole or any part of the fine to be applied
in compensating any person for any wrong or damage which he may
have sustained by the act or default in respect of which the fine. is
imposed, or to be applied in or towards payinent of the expenses of the
proceedings.

(2) Subject to any directions under this section or to my specific.
application provided under this Act, all fines under this Act shall, not-
withstanding anything in any other Act-

(a) if recovered in the Unitd Kingdom, be paid into the Exchequer
in such manner as the Treasury may direct, and bo carried to and form
part of the Consolidated Fund: and

(b) if recovered in any British possession be paid over into the
public treasury of that possession form part of the public revenue
thereof.
700. Where an offence under this Act is prosecuted as a mis-
demeanor the Court before whom the offence is prosecuted may in
England make the saine allowances and order payment of. the, same
costs and expenses as if the offence were -a felony, and in any other
part of Her Majesty's dominions maysuch allowances and order
payment of such costs and expenses as are payable or allowable upon
the trial of any misdemeanor or under any law for the time being in
force thercin,
Prosecution of under the Act.

M. S. Aer, 1894, (57 & 58 Vict. c. 60 s. 711).
711. Any offence under this Act shall, in any British be
punishable by any Court or Magistrate by whom an offence of a like

character is ordinarily punishable, or in such other manner as may be
determined by any Act or Ordinance havinu the force of law in that
possession.
Governor may appoint Surreyors of Ships.

M. S. ACT, 1894, (57 & 58 Vict. c. 60 s. 727).
727. The Governor of a British possession may appoint and remove
surveyors of ships within the limits of the possession for any purposes
of this Act to be carried into effect in that possession.





Legislature may repeal ~?9,Ori$i07ts of Act applicable to Colony.

M. S. ACT, J894, (57 & 58 Vict. e. 60 s. 735).
735.-(1) The Legislature of any British possession may by any Act
or Ordinance, confirmed by Her Majesty in Council, repeal, wholly or
in part, any provisions of this Act (other tban those of the 3rd Part
thereof which relate to emigrant ships), relating to ships registered in

that possession ; but aily suell Act or Ordinance shall not take effect
until the approval of Her Majesty has been proclaimed in the possession,
or until such time thereafter :is may be fixed by the Act or Ordinance
for the purpose.

(2) Where any Act or Ordinance of the Legislature of a British
possession has repealed in whole or in part as respects that possession
any provision of the Acts repealed by this Act, that Act or Ordin-
ance shall have the .same effect in relation to the corresponding provi-
sions of this Act as it had in relation to the provision repealed by
this Act.

[Order in Council putting in force s. 41 of Ordinance
No. 10 of 1899 (s. 3,5 of the Ordinance of 1901) of the
Legislature of Hongkong, 10th August, 1903.]

Power of Legislature to regulate Coasting Trade.

31. S. ACT, 1894, (57 & 58 Vict. c. 60 s. 736).
736. The Leo.islature of a British possession, may, by any Act or
Ordinance, regulate the coasting trade of that British possession, subject

in every case to the following conditions:-

(a) the Act or Ordinance shall contain a suspending clause providing
that the Act or Ordinance shall not come into operation until Her
Majesty's pleasure thercon has been publicly signified in the British
possession in which it has been passed.

(b) the Act or Ordinance shall treat all British ships (including the
ships of any other British possession) in exactly the same manner as
ships of the British possession in which it is made:

(c) where by treaty made before the passing of the Merchant Ship-
ping (Coloniaf) Act, 1869 (that is to say, before 13th May, 1869) Her
Almesty has atyreed to grant to any ships of any foreign. State any rights
or privileges in respect, of the coastina trade of any British possession,
those rights and privileges shall be enjoyed by those ships for so long as
Her Majesty has already agreed or may hereafter agree to grant the
same, anything in the Act or Ordinance to the contrary notwith-
standing.





Saring of Acts.
M. S. ACT, .1894, (57 & 58 Vict. c. 60 s. 746).
746.-(1) Nothing in this Act sbull affect the Chinese Passengers

Act, 18,55.
(2) Any local Act which repeals or aflects any provisions of the
Act repealed by this Act shall have the san-le effect on the correspondino,

provisions of this Act as it had on the said provisions repealed by this
Act.
Tonnage of ships of foreign countries adopting tonnage regulations. Tonnage Measurement. [Passenger ships of over 60 tons which have British or Colonial, or equivalent foreign, certificates of survey are exempted from the annual survey required by s. 10 of the Merchant shipping Ordinance, 1899.] Tonnage Measurement. Tonnage Measurement. Penalty for being on board ship without permission before seamen leave. Going on board without leave. Application of provisions of previous section to foreign ship. Going on board without leave. Deserters from foreign ships. Deserters. [15 & 16 Vict c. 26.] Deserters. Collision regulations. Observance of collision regulations. Collisions at Sea. Application of collision regulations to foreign ships. Regulations as to signals of distress. Collisions at Sea. Collisions at Sea.Rules as to life-saving appliances. [By the proviso to s. 13 of the Merchant Shidping Ordinance, 1899, the ships of those countries which have been exempted (by the Act of 1906) from these sections of the Act, are exempted from the provisions of s. 13 of the Ordinance]. Life-saving Appliances. Duties of owners and masters as to carrying life-saving appliances. Appointment of consultative committee for framing rules. Penalty for breach of rules. Life-saving Appliances. Survey of ship with respect no life-saving appliances. Life-saving Appliances. Deck-line and Load-line Certificates. Salvage payable for saving life. Salvage of life from foreign vessels. Life-salvage provisions. Application by Order in Council of provisions of Merchant Shipping Act to foreign ships. Provision as to colonial ships with respect to load-lines. Colonial Load-lines. Colonial certificates of competency. [Certificates of competency for masters, mates and engineers are granted in Hongkong under s, 4. Of the Merchant Shipping Ordinance, 1899.] Colonial Certificates of Competency. *[now. M. S. Act, 1894, s. 470 (3) and (4).] Colonial Certificates of Competency. [Cazette, 31st Oct., 1891.] Colonial Certificates of Competency. [I.e., the Order of 9th May, 1891, (ante p. 241) and the Orders there-in recited.] Colonial Certificates of Competency. Colonial Certificates of Competency. Colonial Certificates of Competency. Colonital Certificates of Competency. Power of Naval Court to send a person sentenced to imprisonment home or to a Colony to undergo sentence. Provisions for relief and maintenance of distressed seamen. [s. 41 contd.] Definition of of 'proper authority' and 'seamen'. Appointment of medical inspector, and regulations as to supply of anti-scorbutics in Colonies. [Powers exercised by s 8. Of No. 10 of 1899.] Application of Part II to Colony by Colonial Legislatures. [Poweres exercised by ss. 5, 8, 9, of No. 10 of 1899.] Conflict of laws. Definition of colonial voyage. Sanitary and other regulations by Order in Council. [s. 324 contd] Expenses of rescue asnd conveyance of wrecked passengers. Forwarding of passengers by Governors or consuls. Recovery of expenses incurred in conveying wrecked passengers and forwarding passengers. Emigration officers and assistants. [Emigration from Hongkong is regulated by the Chinese Emigration Ordinance, 1889, passed in virtue of the Chinese Passengers Act, 1855.] [s. 355 contd.] Modification of provisions of Part III in their application to British possessions. [see note to s. 355, supra.] Power of Governors as to number of steerage passengers. [see note to s. 355, supra.] Regultions substituted for schedules 10, 11, 12, 13, and 14 of principal Act. [s. 17 contd.] Authority for Colonial Court to make inquiries into shipping casualties and conduct of officers. [Marine coarts are established in the Colony by s. 19 of No.10 of 1899.] [s. 478 contd.] Appeal from decision on investigation as to shipping casualties. Right of Crown to unclaimed wreck. Application of penalties. Expenses of prosecution of misdemeanor. Prosecution of offences in British possession. Appointment of surveyors in Colonies. [Surveyors appointed by s. 10 (4) of No. 10 of 1899.] Power of Colonial Legislatures to alter provisions of Act. [Power exercised by s. 41 of No. 10 of 1899.] Regulation of coasting trade by Colonial Legislature. [Colonial registry limited to ships trading to China:-No.10 of 1899 s. 3.] [32 & 33 Vict. C. 11.] Savings. [18 & 19 Vict. C. 104.]