MERCHANT SHIPPING ORDINANCE, 1899
Title
MERCHANT SHIPPING ORDINANCE, 1899
Description
no. 10 of 1899
an ordinance to consolidate and amend the laws relating
to merchant shipping.
[19th September, 1903]
Preliminary
1. this ordinance may be cited as the merchant shipping
ordinance, 1899.
2. in this ordinance,
(a) the harbour master inclues any person deputed
or authorised by the harbour master to execute any power
or perform any duty vested in or imposed upon him by this
ordinance.
(b) international collision regulations means the
regulstions for preventing collisions at sea made under
the merchant shipping acts.
(c) junk includes lorcha and any sea-going sailing-
vessel of chinese or other asiatic build, construction, and
rig.
As amended by Law Rev. Ord., 1924. The operation of this Ordinance is
not, limited by the Boarding-house Ordinance, 1917. 8ec No. 23 ol 1917, s. 8.
As amended by Law rev. Ord., 1924.
(d) local trade limits means the waters surrounding
the island of hongkong within the following boundaries:
on the east - a morth and south line drawn through
the fo tau mun pass (fat tau mun);
on the weat - a morth and south line drawn through
the kap shui maun pass; adn
on the south- - and east and west line drawn through
the centre of lo chau or beaufort island, and
continued until it meets the east and west boundaries.
(e) lorcha includes any sea-going sailing-vessel of
european build and ocnstruction, but of chinese or other
asiatic rig, or of chinese or other asiatic build and
construction, but of european irg.
(f) magistrare includes the marine magistrate.
(g) master includes every person (except a pilot) having
command or charge of any ship.
(h) the meerchant shipping acts means the merchant
shipping act, 1894, and all acts amending the same, and
all regualtlsions made thereunder.
(i) motor boat means any vessel not exceeding sixty
tons properlled by any mechanical power however applied,
except steam, oars, or sails.
(j) passenger includes any person carried in a ship,
other than the master and crew, and the owner, his family
and servants.
(k) port of the colony and prot where by the
context a port out of the colony is not indicated, means
such place in the waters of the colony as the governor may
decalre by notification to be a port.
(l) river steamer means any steamship regularly
plying between the colony and any place on the canton
river or the west river or any river in the province of
kwong tung or the province of kwong sai, or between the
colony and macao.
(m) seaman includes every person (except masters,
pilots, and apprentices duly indentured and registered)
employed or engaged in any capacity on board any ship.
(n) ship includes any description of vessel used in
navigation not propelled by oars, except junks or lorchas
not propelled by steam.
(o) steamship means any vessel propelled by steam.
(p) tons and tonnage mean tons and tonnage as
calculated according to british measurement of registered
tonnage.
(q) vessel includes any ship or boar or any other
descirption of vessel used in navigation.
part I
registry
3.(1) every ship trading in or from the waters of the
colony must be provided with either
(a) a certificate of registry in conformity with the
merchant shipping acts; or
(b)rep. law revision ordinance, 1924.
(c) a certificate of ofreign registry or other document
similar or equivalent to that required in the case of a british
ship; or,
(d) in the case of a steamship not exceeding sixty tons
or a motor boat, a licence under section 37.
[2, 3, 4, 5, 6 and 7 rep. law revision ordinance 1924]
(8) every register or certificate, authorised or required
by this secrtion, may be proved in any court or before any
person having by law or by consent of parties authority to
receive evidence, either by the production of the original, or
by an examined copy thereof, or by a copy therfof purporting
to be certified under the hand of the registrar of shipping, or
other person who may happen to have charge of the original,
which certified copy he is hereby required to furnish to
every person applying at a reasonable time for the same, and
paying therefor the sum of one dollar; and every document
when so proved shall be received as prima facie evidence of
all matters therein recited, stated, or appearing.
As amended by law Rev. Ord, 1924.
9 and 10, rep. law revision ordinance, 1924
11, rep. no. 2 of 1903; 12, 13 and 14, rep. law
revision ordinace, 1924.
15 no prosecution shall be instituted under this section
except under the fiat of the attorney general.
part II
masters and seamen
certificates of competency.
4.(1) the name of a master, first, only, or second mate,
or first or second engineer shall not be attached to the register
or articles of agreement of any british ship, unless such
master, mate, or engineer possesses a certificate of service of
competency granted in the united kingdom under the
merchant shipping acts, or a colonial certificate of com-
petenc declared by any order of his majesty in council to
be of the same ofrce as if it had been granted under the said
acts.
(2) every british ship, and every foreign ship holding a
passenger certificate under section 10 shall, when leaving
any port of the oclony, be provided with officers who possess
certifcates of competency of a grade appropriate to their
stations in the ship or of a higher grade, according to the
following scale:
(a) in any case, with a duly certificated master;
(b) if the ship is of one hundred tons or upwards, with at
least one officer besides the master holding a certificate not
lower than that of only mate, of of second mate in the case
of a sailing ship of not more than two hundred tons, or of
mate of a river steamer, in the case of a river steamer;
(c) if the ship carries more than one mate, with at least the
first and second mates duly certificated;
(d) if the ship is a steamship of one hundred nominal
horspower or upwards, with at least two engineers, one of
whom shall be a first class and the other a first class or
second class engineer duly certificated; and
as amended by law rev., ord., 1924.
(e) if the ship is a steamship of less than one hundred
nominal horse-power, with at least one engineer who is a first
class or second class engineer duly certificated.
provided that every biritish river steamer exceeding sixty
tons but not exceeding three hundred tons, if such river
steamer does not carry more than twelve passengers, shall be
provided with a master who possesses a river trade certificate,
and also with an engineer who possesses a local certifivate
of competency from the harbour master.
procided also that every steam trawler or other fishing
vessel propelled by mechanical power other than oars or sails
regularly engaged in trawlong upon the high seas from the
colony shall also be deemed to comply with the requirements
of this sub-section if such vessel is provided with a duly
certificated trawling master or a master who possesses a river
trade certrificate and an engineer who possesses a local certi-
ticate of competnecy from the harbour master.
(3) every british river steamer not exceeding sixty tons
shall comply with the regulations contained in table E in
the schedule, and shall be provided with a master who
possesses a local certificate of competency from the harbour
master and also with an engineer who possesses a like
certificate.
(4) teh master of every british ship and of every foreign
ship holding a passenger certificate under section 10, leaving
or attempting to leave any prot of the colony without having
on board, and entered on teh register and articles of agree-
ment, officers possessing the certificates required by this
section shll be liable to a fine not exceeding five hundred
dollars; and it shall be lawful for the harbour master to
refuse a port clearance to any british ship, or to any foreign
ship holding a passenger certificate under section 10, in case
of onon-compliance with the provisions of sub-sections (2) and
(3) of this section; and if any ship to which this sub-section
refers leaves or attempts to leave any port of the colony
without a clearance, the master thereof shall be liable to a
fine not exceeding five hundred dollars.
(5) every person who, having been engaged in any of the
capacities mentioned in sub-sections (2) or (3) in any such
ship as aforesaid, goes to sea in that capacity without being
entitled to and possessed of such certificate as is required
by this section, and every person who emloys any person
in any of the above capacities in such ship without as-
certaining that he is entitled to or possessed of such
certificate as is required by this section, shall be liable to a
fine not exceeding two hundred and fifty dollars.
6, transferred to s. 41 by law revision ordinance,
1924.
(7) examinations shall be instituted for persons who wish
to procure colonial certificates of competency as masters,
mates, or engineers in the mercantile marine.
(8) the governor in council may lay down rules as to
the conduct of such examinations and as to the qualifications
of the applicants, and such rules shall be stirctly adhered to
by all examiners.
(9) when any person is desirous of obtaining a colonial
cerrifcate of competency as master, first, second, or only
mate, or engineer int eh mercantile marine, he shall give
notice in writing to that effect to teh harbour master, who
shall forward the same to the governor.
(10) it shall thereupon be lawful for the governor to
constitute and appoint a board of examiners to inquire into
the competency of such applicant, and such board shall
consist of three members, one of whom shall be the harbour
master, and of the remaining two one or both shall be
commissioned officers in the royal navy or masters or duly
qualified engineers in the british mercantile marine.
(11) on such appointment being notifed to the harbour
master, he shall summon the other members of the board to
attend at the harbour office for the purpose of examining
the applicant, at a day and at an hour to be named in such
summons, and shall also notify the applicant to attend
accordingly.
(12) every applicant for a colonial certificate of com-
petency shall, on lodging his application, pay to the harbour
master a fee, if for a master's or first class engineer's
certificate, of twenty dollars, and if for any other certificate,
of fifteen dollars.
(13). every member of the board, except the harbour
master, shall be entitled to receive out of the publice revenue
a fee of five dollars for the examination of each applicant.
(14) every applicant who has passed a satisfactory
examination, and has given satisfactory evidence of his
sobritey, experience, and general good conduct on board
ship, shall be entitled to receive, on the recommendation of
the board, a colonial certificate of competency signed by the
governor.
(15) colonial certificates of competency granted under
this section shall be subject to any regulations made under
any order of his majesty in council, with respect to the
use, delivery, cancellation, and suspension of colonial
cerrificates of competency.
(16) if a master, mate, or engineer proves, to the satis-
faction of the governor, that he has, without fault on his
part, lost or been deprived of a certificate already granted
to him under this section, the governor shall, and in any
other case may, on payment of such fee, if any, as he may
direct, cause a copy of the certificate to which, by the
reocrd kept, he appears to be entitled to be delivered to
him; and such copy shall have all the effect of the original.
(17) the master of a ship, on signing the agreement with
the crew before the superintendent of the mercantile marine
office, shall produce to him the certificates of competency
which the master, mates, and engineers of the ship are
hereby required to hold.
(18) every person who
(a) makes, assists in making, or procures to be made nay
false representation for the purpose of procuring, either for
himself or for any other person, a certificate of competency; or
(b) fraudulently uses a certificate or copy of a certificate
of competency which has been forged, altered, or cancelled,
or suspened, or to which he is not entitled; or
(c) fraudulently lends his certificate of competency or
allows it to be used by any other person.
shall be guilty of a misdemenaor.
engagement and discharge of seamen
5.(1) it shall be lawful for the governor to appoint
within the colony a place to be called the mercantile marine
office, at which place shall be conducted all the business
connected with the engagement and discharge of seamen on
board british ships, and foreign ships whose flag is not
represented by a consular officer resident in the colony.,
such ships being in the eaters of the colony, the harbour
master shall be the superintendent of the merchantile marine
office, the present mercantile marine office shall be
deemed to be the place appointed until the governor shall
appoint some other place.
(2) no seaman shall, except with the sanction of the
harbour master, be shipped to do duty on board a british
ship, or any foreign ship whose flag is not represented by
a consular officer resident in the colony, elsewhere than at
the mercantile marine office; and the superintendent shall
require such seaman to produce to him his certificate of
discharge from teh last ship, and, failing the production of
such certificate, such seaman shall be bound to give satis-
factory explanation to the harbour master of the cause of the
non-production thereof.
(3) the master of every british ship, and of every foreign
ship whose flag is not represented by a consular officer
resident in the colony, shall enter into an agreement with
every seaman whom he engages in the colony, and carries
to sea as one of his crew, in the form and manner provided
by the merchangt shipping acts.
(4) every master of any such ship who carries any seaman
to sea without entering into an agreement with him in accord-
ance with sub-section (3), shall be liable to a fine not exceed-
ing fifty dollars.
(5) such fees, not exceeding the sums specified in table 1
in the schedule as may be fixed by the governor in council,
shall be payable upon all engagements and discharges, and
the superintendent shall cause a scale of such fees to be
conspicuously placed in the mercantile marine office, and
As amended by Law Rcv. Ord., 19.24. Tho provisions of the Merchant Shipping
Act, 1894, and the Merchant Shipping Ordinance, 1899, With referealep to the
engagement of scamen and to agreements madc therewith by masters of ships
are not affected by the employers and Servants Ordinance, 1902. See, No. 45 of
1902, s. 26.
the Superintendent may refuse to proceed with any engage-
ment or discharge, unless the fees payable thereon are first
paid.
(6) every master of a ship engaging or discharging any
seaman at the mercantile marine office shall pay to the
Supeninendent the whole of the fees hereby inade payable
in respect of such engagement or discharge, and may, for
the purpose of in part reimbursing himself, deduct in respect
of eack such engagement or discharge from the wages of all
persons (except apprentices) so engaged or discharged and
retain any sums not exceeding the sums specified in that
behalf in table J in the schedule; provided that if in any
case the sum which the master is so entitled to deduct
exceeds the amount of the fee payable by him, such excess
shall be paid by him to the superintendent in addition to
such fee.
7(a) no master shall discharge in the colony any
seaman from any ship, british or foreign, without the sanc-
tion of the harbour master or of the consular officer, if any,
representing the nation to which such ship belongs, and
unless due provision is made for the subsistence and main-
tenance of such seaman, to the satisfaction of the harbour
master in the case of a british ship or of a foreign ship whose
flag is not represented in the colony by a ocnsular officer, or
to the satisfaction of such consular officer in the case of a
foreign ship whose flag is so represented; and every master
who discharges a seaman in contravention of this sub-section
shall be liable to a fine not exceeding one hundred dollars.
(b) every seaman, who wifully or neglignetly remains in
the colony after the departure of his ship shall be liable to
a fine not exceeding twenty-five dollars, or to imprisonment
for any term not exceeding one month.
(8) no seaman shall, except with the sanction of the
harbour master, be discharged from a british ship, or any
foreign ship whose flag is not represented by a consular
officer resident in the colony, elsewhere than at the mercantile
marine office, and every seaman discharged from a foreign
ship so represented shall, within twenty-four hours of being
discharged at the office of his consular officer, produce to the
harbour master a certificate of his discharge, signed by such
consular officer, and shall in default be liable to a fine not
exceeding twenty-five dollars and, in default of payment
thereof, to imprisonment without hard labour for any term
not exceeding twenty-one days,
whenwver any seaman is discharged at the mercantile
marine office from any ship within the colony, the master
of such ship shall give, at the time of such discharge, to
such seaman a written certificate of discharge, specifying
the time and nature of service and the time of discharge of
such seaman, signed by himself, and, if such seaman requires
it, shall further give him, within twenty-four hours after
demand, a true account in writing of the wages of such
seamna and of all deductions therefrom.
[10, rep no. 21 of 1922]
11. every master or any other person belonging to any
british ship who wrongfully forces on shore and leaves behind,
or otherwise wilfully and wrongfully leaves behind, in the
colony any seaman or apprentice belonging to such ship
before the completion of the voyage for which such seaman
or apprentice was engaged, shall be liable to a fine not
exceeding two hundred and fifty dollars, or to imprisonment
for any term not exceeding six months.
12. no seaman who has been actually shipped on board
any vessel in compliance with this ordinance shall, during
the time for which he is then shipped, be liable to be arrested
on civil process, unless the debt or demand exceeds the sum
of five hundred dollars: provided always that by the term
seaman in this sub-section shall be meant only a person who
has, within the space of six months previously, served on
board a ship for wages as a seaman, and that the protection
from arrest hereby granted shall not be held to extend to
any person not coming within such definition, or in any case
to masters, mates, or engineers,
boarding-houses for seamen.
6.(1) the harbour master shall hae power to license a
sufficient number of fit and proper persons to keep boarding-
houses for seamen, not being chinese; and every such licence
shall be countersigned by the colonial secretary, and shall be
granted for such period, not exceeding one year, and on such
terms and security, and shall be renewable on such conditions,
as the colonial secretary may appoint; and it shall be
as amended by las rev. ord., 1924
lawful for the colonial secretary to demand for every such
licence an annual fee of twernty-five dollars or at the rate
thereof, according to the term of such licence; and every
such house shall be for the reception of such number of
seamen only as may be expressed in the licence, under a
penalty of twenty-five dollars for each seaman lodged at one
time in excess of such number, and shall not be granted
until there have been constructed in the house to be licensed
suitable rooms, to be approved by the harbour master; and
no such boarding-house shall be a house licensed for hte sale
of intoxicating liquors, nor shall any charge for intoxicating
any seaman may be indebted, or stated to be indebted, to
any person; and every such boarding-house shall be open at
all times to the visit of any justice of the peace, or of the
harbour master, or of any inspector of police, the harbour
master amy refuse to grant any such lecence, and may limit
the number and descirption of seamen to be boarded in each
house, and may make regulations subject to the approval of
the governor, for the government of such houses, and may
by such regulations determine the charge to be made for
board and lodging; and a copy of such regulations shall be
hung up in each house for the inspection of the inmates;
offender shall be liable to a fine not exceeding twernty-five
dollars, and for a second offence may further be deprived, if
the keeper of such house, of his licence, licences issued
under this section shall be terminable on the 30th day
of November of each year.
(2) every person who, not having obtained a licence
required by sub-section (1), keeps a boarding-house for seamen,
shall be liable to a fine not exceeding one hundred dollars;
and the fact of more than one seaman boarding or lodging
in the house of any person shall be prima facie proof of the
keeping of a boarding-house for seamen by such person; but
seaman from having the whole or any part of any house for
the r4esidence of himself or his family and boarding himself
therein.
(3) every licensed keeper of a boarding-house ford seamen
shall cause daily to be entered in a book, in english, the
name and descirption of each seaman who has, on that day,
come to board or lodge at his house, and the name of each
seaman who has left his house on that day after being a
lodger or boarder therein, and such other particulars as the
harbour Master may direct; and every such keeper shall,
on the morning of Monday in each week, send to the Harbour
Master's office a list, copied from his book, of the seamen on
that day `boarding or lodging in his house, and of the seamen,
boarders or lodgers, who left his house on any or either of the,
intermediate days, 'and shall also particularise in such list
the seamen who wish for immediate employment, and place
opposite to the names of those last named the, warnes of the
ships froin which they were last discharged; and the flarbour
Master shall. keep the lists as furnished to him constantly in
view, and in a conspicuous part of the mercantile marine
Office, for the convenience of masters of ships requiring men,
and shall also post a similar manner, required to do so,
such notices for the supply of men by masters of ships as
the said masters may furnish. Any infraction of this sit])-
section shall render the boarding-howse keeper liable, to a
fine not exceeding twenty-five dollars.
(4) Nothing in this section shall prevent masters, mates
or engineers of ships from boarding elsewhere than at a
licensed boarding-house.
Distressed
7.-(1) All expenses incurred tinder the provislons of the
-Merchant Shipping Acts in the relief of distressed seamen
who, at, the time of such relief being, granted, have last
,served in a ship registered in the Colony, and all
incurred in the United Kingdom in relieving and returning
to the Colony all distressed seamen who last served in such
ship, shall be borne by the revenue of' the Colony.
(2) It shall be lawful for the Governor to order the pay-
ment out of the general revenue of all expenses in
the Colony for the relief of such seanien as aforesaid, iinder
the provisions of the said Acts or of any regulations in that
behalf which may be made by the Governor in Council.
(3) It shall be lawful for the Governor to order the
ment out of the general revenue of all sums expendeol under
the provisions of the said Acts by the Imperial Government,
or by the Shipwrecked Mariners Society or by the Govern-
ment of any British colony, or by any British consular officer
As amended by Law Rev. Ord, 1924.
in any foreign country, in and about the relief of such seamen
as aforesaid, and such sums shall be refunded in such manner
as the governor may think fit or as a secretary of state may
direct.
health and accommodation
8.(1) the owner, agent, or master of every british ship
navigating between the colony and any place out of the
same shall cause to be kept on board such ship a supply of
medicines and medical stores, in accordance with the scale
appropriate to such ship as laid down in the published scales
of medicines and medical stores issued by the board of
trade and a copy of the boook or books issued by the said
board containing instructions for dispensing the same, and
also a sufficient quantity of anti-scorbutics, to be served out
to the crew, of proper quality and in accordance with the
requirements of the merchant shipping acts.
(2) the owner, agent, or master of any such ship who
wilfully refuses or neglects to provide and keep on board
such medicines, medical stores, books of instructions, and
anti-scorbuties as are by this section required shall be guilty
of a misdemeanor, and shall be liable to a fine not exceeding
two hundred dollars.
(3) it shall be the duty of the health officer of the port
to inspect the medicines, medical stores, and anti-scorbutics
of any british ship navigating between the colony and any
place out of the same, and, if such articles are deficient in
quantity or quality or are placed in improper vessels, he
shall give notice to the master of the ship and to the harbour
master; and the harbour master shall, before granting a
clearance to such ship, require a certificate from the health
officer that the default has been remedied, and, if such
certificate is not produced, the ship shall be detained until
the certificate is produced, and if the ship porceeds to sea,
the owner, consignee, or master of the ship shall be liable
to a fine not exceeding two hundred dollars
(4) the master of any ship, before shipping any seaman,
may require that suchseaman shall be inspected by the
principal civil medical officer, who, on such inspection, shall
give a certificate under his hand as to the state of health of
such seaman, which certificate such seaman shall produce
as amended by law, rev. ord., 1924
and show to the master of the ship in which he may be
about to serve; adn for every certificate there shall be paid
the fee of fifty cents, to be paid by the agent or master of the
ship in case such seaman proves to be in sound health, or by
the seaman himself in case he shall prove to be affected with
any contagious disease, or by the boarding-house keeper
with whom such seaman is residing, in case such boarding-
house keeper shall have failed to report the state of health
of such seaman in accordance with the requirements of sub-
section (5).
(5) every keeper of a licensed boarding-house for seamen,
in the list of seamen resident in his house which he is
required to furnish to the harbour master, shall report as to
the state of health of each sea,an, so far as he may be able
to ascertain the same; and every seaman who is reported, or
is otherwise discovered, to be affected with a contagious
disease shall be removed, by warrant under the hand of the
harbour master, to a hospital, where he shall be kept until
he is discharges as cured, and has obtained a certificate of
his having been so discharged, which certificate he shall
produce and show to the harbour master, when required to
do so; and the expenses which may be incurred in and
about the maintenance and treatment of any such seaman in
such hospital shall be a debt due to the crown, and shall be
paid by such seaman; or, in case the keeper of the boarding-
house in which such seaman has resided before his removal
to hospital has not reported, or has made a false report, as
to the state of health of such seaman, then such expenses
shall be paid by such boarding-house keeper, in case it
appars to and is certified by the medical officer in charge
of the hospital to which such seaman is removed, or by an
asistant surgeon, that the disease with which he is affected
' is of such a nature as that the keeper of the boarding-house
could, with ordinary and reasonable observation, have
ascertained its existence; and in every case such expenses
shall, in caseo fono-payment, be sued for and recovered by
the harbour master on bahalf of the hospital.
(6) every seaman sho
(a) being affected with a contagious disease, refuses or
neglects to inform the keeper of the boarding-house in which
he is residing of the fact of his being so affected; or
(b) being affected with a contagious disease, refuses to be
removed, or offers any hindrance or obstruction to his
removal, to a hospital uner the provisions of this section; or
(c) having been removed to a hospita, attempts to leave
the same before hs is properly discharged as cured; or
(d) having been dishcarged as cured, refuses to produce
his certificate of discharge when required by the harbour
master to do so.
shall be liable to a fine not exceeding twenty-five dollars, or
to imprisonment for any term not exceeding one month.
(7) in the event of the death of any of the crew, passengers,
or other persons on board of any ship in the waters of the
colony, or of the desertion of any of the crew of any british
ship or of any foreign ship whose flag is ot represented by
a consular officer resident in the colony, or in the event of
the death of any of the crew, passengers or persons on board
of any ship in the course of a voyage to the colony, the
master of such ship shall, forthwith or on the arrival of the
ship in the colony, as the case may be, report the same to
the harbour master, and, in default, shall be liable to a fine
not exceeding twenty-five dollars for every death or desertion
which he may neglect to report.
(8) if any ship carrying passengers is found, on arrival
in hte colony, to be in a filthy adn insanitary condition, the
master of the ship shall be laible to a fine not exceeding five
hundred dollars, It shall be the duty of the health officer
of the port to inspect every such ship on its arrival in order
to ascertain the sanitary condition thereof.
discipline.
9.(!)(A) if any seaman or apprentice belonging to the
crew of any british ship deserts therefrom or absents himself
from his duty while the ship is within the waters of the
colony,it shall be lawful for any police office, of for the
master or person in charge of the ship, or for any one
specially deputed by such master or person in charge to
arrest such seaman or apprentice without warrant and convey
;him before a magistrate; and in case wuch seaman or
apprentice refuses to return to his duty on board the ship or
as amended by law rev. ord., 1924
does not give a sufficient reason for such refusal, the
magistrate may order such seaman or apprentice to be put
forcibly on board the ship or to be confined in any gaol or
other place of security within the colony, for any period,
until he can be put on board the ship when the ship leaves
the port or until he is demanded by the master of the ship:
provided always that the said period of ocnfinement shall not,
in the absence of such departure or demand, exceed three months.
(b) If any seaman or apprentice deserts, when within the
-waters of the Colony, from a merchant ship belonging to a
subject of any foreign country to which all Order in Council
has declared that section 238 of the merchant Shipping Act,
1894, shall apply, any court, justice, or officer who would.
have had cognizance of- the matter if the seaman or ap-
prentice had deserted front a British ship shall, on the
application of a consular officer of the foreign country, aid
in apprehending the deserter, and for that purpose may, on
information given upon oath, issue a warrant for his
hension, and, oil proof of the desertion, ot.der hLin to be
conveyed on board his ship or delivered to the inaster ol.
mate of his ship, or to the owner of the ship or his to
be so conveyed ; and any such warrant or order may be
executed accordingly. every person who harbours or secretes
any deserter liable to be apprehended under this sub-section,
knowing or having reason to believe that he has deserted,
shall be laible to a fine not exceeding one hundred dollars.
It shall be lawful for a magistrate, on complaint of the
master of any British ship to the effect that lie has reason-
able cause to believe that any seaman who has deserted
while sneli ship is within the waters of the Colony is
harboured, secreted, or concealed, or suspected to be har-
boured, secreted, or concealed, on board any other ship, boat,
or other vessel or in any house or place whatsoever, to issue
a warrant directing a constable to search such ship, boat, or
other vessel, or sitch house or place, and to lodge sneh
seanian in any police station; and every such seamn shall,
with all convenient speed, be brought before a magistrate, to
be dealt with as is hereinbefore directed.
(3) Every person who-
(a) harbours, conceals, employs or retains, or assists in
harbouring, concealing, employing or retaining, any
belonging to the crew of any british ship who has deserted
therefrom or otherwise absconded or absented himself from
duty, while such ship is within the waters of the colony
knowing such seaman to have deserted, absconded or
absented himself from duty ; or
(b) causes, induces or persuades, or attempts to cause,
induce or persuade, any such seaman in any manner what-
soever to violate or to attempt to violate any agreement
which he may have entered into to serve on board any such
ship, or
(c) knowingly connives at the desertion, absconding or
absence from duty of any stich seaman,
shall. be liable to a fine not exceeding two hundred and lifty
dollars, or to imprisoninent for any term not exceeding six
months.
(4) The Harbom. Master, before granting a port clearance
to any ship, may,-, if lie has reasonable grounds for believing
that ally deserter is concealed on board. of such ship, proceed
on board thereof, and then and there require the master to
instituite due and diligent search for such deserter, and
further, if he deems it necessary, require the master to make
a statutory declaration that to the best of his knowledge and
bellef, after due and diligent searell, no such deserter is
concealed within. or about his ship ; and every master of a
ship who refuses or unnecessarily delays to comply with such
requisition shall be liable to a fine not exceeding two hundred
dollars ; and every master of a ship who makes any such
statutory declaration containing any false statement shall be
guilty of a misdemeanor.
(.5) Every seaman lawfully engaged, and every apprentice
to the sea service, who commits any of the following offences
within the waters of the Colony, shall he liable to be punish-
ed as follows:-
If he deserts from his ship, he shall be guilty of the
offence of desertion, and be liable to forfeit all or any part
of the effects which he leaves on board and of the wages
which he has then earned and also to satisfy any excess of
wages properly paid by the owner or master of the ship to
any substitute engaged in his place at a higher rate of wage
than the rate stipulated to be paid to him; and also he shall
be liable to Imprisonment for any term not exceeding twelve
weeks;
(b) if he neglects, or refuses without reasonable cause, to
join his ship or to proceed to sea in his ship, or is absent
without leave at any time within twenty-four hours of the
ship's sailing from the colony, either at the commencement
or during the progress of a voyage, or is absent at any time
without leave and without sufficient reason from his ship or
from his duty, he shall, if the offence does not amount to
desertion or is not treated as such by the master, be guilty
of the offence of absence without leave, and be liable to
forfeit ourt of his wages a sum not exceeding two days pay,
and in addition, for every twenty-four hours of absence,
eigher a sum not exceeding six days pay or any expenses
properly incurred in hiring a substitute; and also he shall
be liable to imprisonment for any term not exceeding ten
weeks.
(c) if he quits his ship without leave after the ship's arrival
and before the ship is placed in security, he shall be liable to
forfeit out of his wages a sum not exceeding one month's pay;
(d) if he is guilty of wilful disobedience to any lawful
command, he shall be liable to imprisonment for any term
not exceeding four weeks, and also to forfeit out of his
wages a sum not exceeding two days pay;
(e) if he is guilty of continued wilful disobedience to
lawful commands or continued wilful neglect of duty, he
shall be liable to imprisonment for any term not exceeding
twelve weeks, and also, at the discretion of the court, to
forfeit, for every twenty-four hours continuance of dis-
obedience or neglect, either a sum not exceeding six days
pay or any expenses properly incurred in hiring a substitute.
(f) if he assaults the master or any mate or certificated
engineer of the ship, he shall be liable to imprisonment for
any term not exceeding twelve weeks.
(g) if he combines with any of the crew to disobey lawful
commands, or to neglect duty, or to impede the navigation
of the ship or the progress of the voyage, he shall be liable
to imprisonment for any term not exceeding twelve weeks; and
(h) if he wifully damages the ship, or embezzles or
wifully damages any of the stores or cargo, he shall be
liable to forfeit out of his wages a sum equal to the loss
thereby sustained, and also, at the discretion of the court, to
imprisonement for any term not exceeding twelve weeks.
provided that, in the case of a foreign ship, the magistrate
may only deal iwth cases arising out of the offences
mentioned in paragraphs d, e, f and g: provieded
also that, if there is a consular officer resident in the
colony of the nation to which such ship belongs, the
magistrate shall not deal iwth any case, unless he is
requested to do so by such officer in writing, and unless
such officer undertakes that any such seaman shall not
become a charge on the colony in consequence of being so
dealth with.
(6) all expenses incidental to the apprehension and
confinement of any seaman or apprentice under this section
shall be payable by the master of the ship to which such
seaman or apprentice belings and he recoverable from him.
at the suit of the captain superintendent of police, as a
for every such seaman or apprentice confined in prison
shall be paid in advance to the superintendent of prisons.
and, in default of such payment, the superintendent of
prisons may release such seaman or apprentice: provided
that every seaman or apprentice imprisoned under this
section may, by direction of the committing magistrate, be
sent on board his ship or may be placed at the disposal of
the consular his ship or may be placed he dealth with the case,
on the written application of such officer, either on or before
the expiration of his term of imprisonment.
part III
passenger ships
surveys
10.(1) in this part, passenger ship means every
ship exceeding sixty tons register carrying passengers from,
to, or between places in the waters of the colony.
(2) every passenger ship which carries more than twelve
passengers shall be surveyed once at least in each year in
the manner provided in this section, except
(a) british ships which have from the united kingdom
or from any british possession passenger certificates or
servey and other certificates equivalent to those required
under this section, the same being in force and applicable,
as amended by law rev. ord., 1924..
and which have been issued under the provisions of the
Merchant Shipping Acts or any enactment in force in any
british possession; and
(1) Foreign ships which have front their own country, or
from the country from whose flag they have been trans-
ferred, or from any British possession passenger certificates
or survey and other certificates equivalent to those required
In the case of British ships. : Provided that, 'In the event of
any question arising as to the sofficioney of any foreign
certificate to protect the ship holding the same from survey
under this section, such question shall be referred for
settlement to the Governor in Counell, whose decision
thereon shall. be final.
(3) No passenger ship which carries more than twelve
passengers shall clear out or proceed on any voyage from
the Colony unleqs the master has the certificate as to
survey required under this Part, the same being in force
and applicable to the voyage, on which the ship is about
to proceed, or, in the case of a foreign ship, certificates
equivalent to those required in the case of a british ship.
Any passenger ship attempting to go to sea may be
detained until such certificates as aforesaid are produced
to the Harbour Master.
(4) The Governor may appoint such number of fit and
proper persons to be Government surveyors for the purposes
of this Ordinance as he may think proper, and appol tit their
duties, and may remove any of them, and may fix the
remuneration to be received by them.
(5) Tt shall be lawful for the said surveyors, in the execu-
tion of their duties, to go on board any ship to which this
section applies, at all reasonable times, and to inspect the
same or any part thereof, or any of the machinery, boafs,
equipments, or articles on board thereof, or any certificates
of the master, mate, or engineer, to which the provisions of
the merchant Shipping Acts or any Ordinance apply, not
unnecessarily detaining or delaying the ship from proceeding
on any voyage; and if, in consequence of any accident to
any such ship or for any other reason, they consider it
necessary to do so, to require the ship to be taken into dock
for the purpose of surveying the hull thereof; and ever person
who hinders any stich surveyor from going on board any
such ship, or otherwise impedes him in the execution of his
duty under this Ordinance, shall be liable to a fine not
exceeding twenty-five. dollars.
(6) It shall be lawful for the Governor in Council to make
regulations as to the manner in which the surveys herein-
after mentioned shall be made, and as to the notice to be
given to the surveyors when surveys are required., and as to
the amount and payment of the fees due and of am expenses
incurred -by such surveyors in the execution of their duties,
and may diereby determine the person by and to whom and.
the conditions under which such payment shall be made;
and, until such regulations are made the said surveyors shall
execute them duties In accordance with the instructions to
Surveyors issued by the Board of Trade.
(7) Every surveyor who deniands or receives, directly or
indirectly, from the owner, agent, or master of any ship
surveyed by him under the provisions of this Ordinance or
from any other person, and every such owner, agent, master,
or other person who offers or gives any fee or re, mu tie ration
whatsoever (otherwise than is permitted by this Ordinance)
to any such surveyor for or in respect of such survey shall
be liable to a fine not exceeding two hundred and lifty dollars.
(8) The owner, agent, or master of every passenger ship
being within the waters of the Colony shall, where such
ship comes within the ineaning of this section, cause the
same to be surveyed by one or more of the Government
surveyors, who shall thereupon, if satisfied that it can
properly be done, give to such. owner, agent, or master
declarations as follows:-
(a) A declaration containing statements of the following
particulars
(i) that the hull of the ship is sufficient for the service
intended and in good condition;
(ii) that the boats, rafts, life-buoys, or other appliances for
saving life, lights, signals, compasses, and shelter for deck
passengers, and the certificates of the master and mate or
mates, are such and in such condition as are required by
law ;
(iii) the time (if less than twelve months) for which the
said hull and equipments will be sufficient;
(iv) the limits, if any, beyond which, as regards the hull
and equipinents, the ship is, in the judgment of he surveyor,
not fit to ply; and
(v) with reference to all passenger ships not coming with
in the Provision of the chinese Passengers Act, 1855, or of
the asiatic emigration ordiance, 1915, if plying or
intended to ply for hire, the number of passengers which
such ship is, in the judgment of the surveyor, fit to carry,
distinguishing, if necessary, between the respective numbers
to be carried on the deck and in the cabins, and in the
different parts of the deck and in the cabins; such numbers to be
subject to such conditons and variations, according to the
time of year, the nature of the voyage, the cargo carried, or
other circumstances as the governor in council may direct,
by any regulations to be made by him for this purpose; and
(b) a further declaration containing statements of the
following particulars:
(i) that the boilers and marchinery of the ship are sufficient
for the service intended and in good condition.
(ii) the time (if less than twelve months) for which such
boilers and marchinery will be sufficient.
(iii) that the safety valves and fire hose are such and in
such condition as are required by this ordinance.
(iv) the limit of the weight to be placed on the safety valves;
(v) the limits, if any, beyond which, as regards the
boilers and machinery, the ship is, in the judgment of the
surveyor, not fit to ply;
(vi) that the certificats of the engineer or engineer are
such and in such form as are required by law; and
(vii) in the case of a british ship, that the ship is duly
marked with deck and load-lines in accordance with section
14 of this ordinance or with the merchant shipping acts:
and such declarations shall be in such form as the governor
may direct.
(9) the said owner, agent, or master shall transmit such
declarations to the colonial secretary within fourteen days
after the dates of the receipt thereof respectively; and in
default shall forfeit a sum not exceeding two dollars for
every day that the sending of such declarations is delayed;
and such sum shall be paid on the delivery of the certificate
hereinafter mentioned, in addition to the fee payable for the
same, and shall be applied in the same manner as such fees;
and if the declarations are not transmitted tot he colonial
secretary within twenty-eight days, the fees and forfeitures
shall be recoverable as a debt due to the crown.
(10) on the receipt of such declarations, the governor shall,
if satisfied that the provisions of this section have been
complied with, cause a certificate in duplicate to be prepared
an issued to the effect that the porvisions of the law with
respect to the survey of the ship and the transmission of
declarations in respect thereof have been complied with;
and such certificate shall state the limites, if any, beyond
which, according to the declaration of the surveyor or
surveyors usch ship is not fit to ply, and shall also contain a
statement of the number of passengers which, according to
the declaration of the surveyor or surveyors such ship is fit
to carry, distingusihing (if necessary) between the respective
numbers to be carried on the deck and in the cabins, such
number to be subject to such conditions and variations,
according to the time of the year, the nature of vayage, the
cargo carried, and other circumstances as the case may
require.
(11) the colonial secretary shall transmit such certificate
in duplicate to the harbour master, who shall deliver the
same to the owner, agent, or master, on his applying and
paying the balance of the fee and other sums, if any, herein
mentioned as payable in that behalf.
(12) if a ship-owner feels aggrieved
(a) by a declaration of a surveyor or surveyors under this
section, or by the refusal of a surveyor to give the said
declaration; or
(b) by the refusal of a certificate fo clearance for an emi-
grnat ship under the chinese passengers act. 1855, or the
asiatic emigration ordinance, 1915; or
(c) by the refusal of a certificate of clearance under this
ordinance,
the owner, agent, master, or charterer may appeal, in the
manner prsecribed by the regulations in table H in the
schedule to a court of survey constituted under this ordi-
nance, and, upon the constitution thereof by the governor,
such court may make such order with respect to the cossts of
any such investigation as it thinks fit, and such costs shall
be paid accordingly, and shall be recoverable in the same
manner as costs in summary proceedings before any
magistrate.
(13) on such appeal, the court of survey shall report to
the governor on the question raised by the appeal, and the
governor, when satisfied that the requirements of the report
and the provisions of the enactments haven been complied
shall follow the event.
(15) where the survey of a ship is made for the purpose
of a declaration under sub-section (8), the person appointed
to make the survey shall, if so required by thw owner, agent,
or charterer, be accompanied on the survey by some com-
petent person appointed by the owner, agent, or charterer,
to be approved by the governor, and in such case, if the
said two persons agree, there shall be no appeal to the court
of survey in pursuance of this section.
16. it shall be lawful for the owner, agent, master, or
charterer of any ship preferring an appeal under this section
or under section 17(5)(d) or (e), in and by the notice of
appeal requireed by the regulations inthe said table H, to
give notice that he objects to the marine magistrate being a
member of the court of survey, stating the grounds of his
objection, and thereupon the harbour master shall forthwith
forward such notice to the governor, who may, in his discre-
tion, direct that the marine magistrate shall not be a mem-
ber of the court of survey.
(17) the owner, agent, or master of every ship requiring
a certificate under this section shall pay for every cerrtificate
granted by the govenrnor the fees mentioned in table C in
the schedule.
(18) no certificate shall be held to be in force for the
purposes of this sectio nbeyond a period of twelve months
from the date of its issue or any shorter time specified in the
certificate; and no certificate shall be in force after notice is
given by the governor to the owner, agent, or master of the
ship to which the same relates that he ahs cancelled or revoked
the same; provided that if any ship is absent from the
colony at the time of expiry of any certificate granted under
this section, no penalty shall be incurred under this section
until the said ship commences a voyage after the next sub-
sequent return to the colony. the governor may require
any certificate which has expired or has been revoked or
cancelled to tbe delivered up as he directs, and every owner,
agent, or master who, without reasonable excuse, refuses or
neglects to comply with such requirement shall be liable to
a fine not exceeding fifty dollars.
(19) the govenror may revoke and cancel any such
certificate in any case in which he has reason to believe
(a) that the declarations of the sufficiency and good
condition oif the hull, equipments, and machinery of the ship
have been fraudulently orerroneously made; or
(b) that such certificate has otherwise been issued upon
false or erroneous information; or
(c) that, since tha making of such declarations, the hull,
equipments, or machinery of the ship has or have sustained
any injury or is or are othwewise insufficient'
and in every such case the govenor may require the owner
to have the hull, equipments or machinery of the ship again
surveyed, and to transmit a further declaration or declarations
of the sufficiency and good condition thereof, before re-issuing
any certificate or granting a fresh one in lieu thereof.
(20) the owner, agent, or master of every such ship shall
forthwith, on the transmission of any such certificate as
aforesaid to him or his agent, cause on eof the duplicates
' thereof so transmitted to be put up in some conspicnous part
of the ship, so as to be visible to all persons on board the
same, and shall cause it to be continued so put up so long as
such certificate remains in force and such ship is in use;
and in default such owner, agent, or master shall be liable
to a fine not exceeding fifty dollars.
(21) the said surveyor or surveyors shall from time to
time make such returns to the governor as he may require
with respect to the build, dimensions, draught, burden, rate
of sailing, room for fuel, and the nature and particulars to
machinery and equipment of every ship surveyed by him or
them; and every owner, master. and engineer of any such
ship shall, on demand, give to such surveyor or surveyors all
such information and assistance within his power as he or
they may require for the purpose of such returns ; and every
such owner, masterm or engineer who, on being applied to for
that purpose, wilfully refuses or neglects to give such
information or assistance, shall be liable to a fine not exceeding
twenty-five dollars.
[22, rep. no. 21 of 1922]
(23) when any passsenger ship has sustained or caused
any accident occasioning loss of life or has received any
material damage affecting the seaworthiness or the efficiency
thereof; either in the hull or in any part of the machinery, the
master shall, within twenty-four hours after the happening of
the accident or damage, or as soon therafter as possible,
report the same by letter to the harbour master, and in
default, iwthout reasonable excuse thereof, he shall be liable
to a fine not exceeding five hundred dollars.
(24) if the porvisions of this part, which require a passenger
ship to be surveyed and to have a passenger certificate, are
not complied iwth in the case of any such ship, the master or
owner shall, without prejudice to any other remedy or penalty
under this ordinance, be liable to a fine not exceeding one
hundred dollars for every passenger carried from or to any
place in the waters of the colony.
(25) the owner or master of any passenger ship shall not
receiver or have on board thereof or on or in any part thereof
at any place iwthin the waters of the colony any number of
passengers which, having regard to the time, occasion, and
circumstances of the case, is greater than the number allowed
by the passenger certificate, and if he does so he shall be
liable to a fine not exceeding two hundred dollars, and also
to an additional fine not exceeding five dollars for every
passenger above the number so allowed.
general equipment
11.(10- every passenger ship of which a survey is
required by section 10 shall
(a) be porvided (if a steamship) with a safety valve upon
each bioler, so constructed as to be out of the control of the
engineer when the steam is up, and, if such valve is in
addition to the ordinary valve, it shall be so constructed as
as amended by law rev. ord., 1924.
to have, an area not less, and a pressure not greater, than
the area of an pressure on that valve;
(b) have the ship's compasses properly adjusted from
time to time, such adjustment to be made to the satisfaction
of the government surveyor or surveyors and according to
such regulations as may be issued by the governor;
(c) be provided with a hose adapted for the purpose of
extinguishing fire in any part of the ship and capable of
being connected with the engines of the ship.
(d) be provided with means for making the signals of
distress at night specified in article 31 of the international
collision regulations, including a proper supply of lights
inextinguishable in water and fitted for attachment to life-
buoys; and
(e) be porvided (if a ship not coming within the provisious
of the chinese passengers act, 1855, or of the asiatice
emigraton ordinance, 1915) with such shelter for the
protectionof deck passengers, if any, as the governor in
council, having regard to the nature of the passage, the
number of deck passengers to be carried, the season of the
year, the safety of the ship, and the circumstances of the
case, may require.
(2) if any such passenger ship as aforesaid goes to sea
from any port of the colony without being so provided as
hereinbefore required, then, for each default in any of
the above requisites, the owner shall (if he appears to be in
fault) be liable to a fine not exceeding five hundred dollars,
and the master shall (if he appears to be in fault) be liable
to a fine not eceeding two hundred and fifty dollars.
(3) if any requirement of this section or of table D in the
shcedule is ot complied with in the case of any passenger
ship, the harbour master shall not grant a clearance, and if
any such ship attempts to go to sea without a clearance, the
harbour master may detain her.
(4) every person who places an undue weight on teh safety
valve of any steamship or increasese such weight beyond the
limites fixed by the government surveyor, shall, in addition
to any other liabilities, be liable to a fine not exceeding five
hundred dollars.
penalties for carrying passengers in excess of numbers
allowed by certificate or clearance.
12.(1) the master of every ship shall, on application
to the harbour master for a port clearance, state the number
of passengers he purposes to carry on the then projected
voyage; adn if such number is in excess of the number
allowed by the passenger certificate, or exceeds twelve in
the case of a ship which is not provided with a passenger
certificate, the harbour master may refuse clearance, any
master who wilfully misrepresents the number of passengers
so about to be carried, or leaves or attempts to leave any
port of the colony without a clearance, shall be liable to a
fine not exceeding two hundred and fifty dollars.
(2) the master of any ship who, after having obtained a
port clearance, leaves or attempts to leave the waters of the
colony iwth any number of passengers greater than that
allowed by the clearance shall be liable to a fine not
\ exceeding five dollras for every such passenger in excess of
the number permitted ot be carried by the clearance,
(3) when the master of any ship has become liable under
the provisons of sub-section (2) to the penalty therein
mentioned, the owner, agent or consignee of such ship shall
be liabel to a like penalty, unless he proves that such
passengers were shipped without his knowledge or consent
and that he derived no profit, benefit, or advantage form the
shipping of ushc passengers.
(4) it shall be lawful for the harbour master to refuse
a clearance to any ship carrying more than twelve passengers,
except on the productionof the passenger certificate (being
a certificate then in force and applicable), and he may
detain such ship until such certificate is produced.
(5) it shall be lawful for the governor in council to
prohibit the conveyance of deck passengers by any ship.
part iv
safety
life-saving appliances
13.(1) it shall be lawful for the governor incouncil to
make regulations with respect to the following matters:
as amended by law rev. ord., 1924.
(a) the arranging of ships into classes, having regard to
the service in which they are employed, the nature and
duration of the voyage, and the number of persons carried;
(b) the number and descirption of the boats., life-boats,
life-rafts, life-jackers, and life-buoys to be carried by british
ships according to the class in which they are arranged and
the mode of their construction, also the equipments to be
carried by the boars and rafts, and the method to be provided
to get the boats and other life-saving apparatus into the
water; and
(c) the quantity, quality, and description of buoyant
\ apparautes to be carried on board ships carrying passengers
either in addition to or in substitution for boats, life-rafts,.
life-jackets, and life-buoys.
(2) it shall be the duty of the owner and master of every
british ship exceeding sity tons to see that his ship is
proveded, in accordance with the regulations in table A in the
schedule, with such life-boats, jackets, and other appliances
for saving life at sea as, having regard to the nature of the
service in which the ship is employed and the avoidance of
undue incumbarance of the ship's deck, are best adapted for
securing the safety of her crew and passengers.
(2A) sub-sections (2) and (3) shall not apply to any british
ship which already complies with the provisions of the mer-
chant shipping acts with respect to life-saving apliances.
(3) in the case of any ship-
(a) if the ship is required by the regulations for life-saving
appliances to be provided with such appliances and proceeds
on any voyage or excursion without being so provided in
accordance iwt the regulations 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 excursion; or
(d) if such appliances are not kept so as to be at all times
fit and ready for use.
then the owner of the ship (if in fault) shall be liable to a
fine not exceeding five hundred dollars, and the master of the
ship (if in fault) shall be liable to a fine not exceeding two
hundred and fifty dollars.
(4) any surveyor appointed under this ordinance may
inspect any ship for the purpose of seeing that such ship is
propertly provided with applicances for saving life at sea in
conformity with this ordinance.
(5) if any such surveyor finds that any ship is not so
provided, he shall give to the owner or master notice in
weiting, pointing out the deficiency and also what is, in his
opinion, requisite to remedy the same.
(6) the harbour master shall not grant a clearance for
any ship hereinbefore required to be provided with boats,
life-jackets, and other appliances for saving life, unless the
same are duly so provided; and if any such ship attemtps
to go to sea without such clearance, the harbour master may
detain her until she is so provided.
(7) the master of every british ship shall enter or cause
to be entered in the official log-book, a statement, or if there
is no official log-book, cause a record to be kept of every
occasion on which boar drill is practised on board the ship,
and on which the life-saving appliances on board the ship
have been examined for ;the purpose of seeing that they are
fit and ready for use.
(8) the master shall, if any when required by any officer
of the harbour department, produce for inspection any such
entry or record.
(9) if the master fails to comply with any requirement of
sub-sections (7) and (8), he shall be liable to a fine not
exceeding one hundred dollars.
provided always that sub-sections (1) to (6) shall after a day
to be notified inthe gazette, apply to all foreign ships while
within the waters of the colony to the same extent as they
apply to british ships; provided also that the said sub-
sections shall not apply to any ship of a foreign country with
regard to which his majesty has by order in council
declared that the provisions in force in that country relating
to life-saving appliances appear to his majesty to be as
effective as those of the merchant shipping acts relating to
such appliances, on proof that such former provisions are
complied with in the case of that ship.
Deck and load-lines.
14.(1) all ships in the waters of the colony (except ships
under twenty-five tons not carrying cargo, pleasure yachts,
ships not trading or plying for hire, and ships employed solely
as tugs) shall be permanently and conspicuously marked with
lines of not less than twelve inches in length and one inch
in breadth, painted longitudinally on each side amidships or
as near thereto as is practicable, and indicating the position
of each deck which is above water, subject to the following
provisions;-
(a) the upper edge of each of the deck-lines must be level
with the upper side of the deck plank next the waterway at
the place of marking; and
(b) the deck-lines must be white or yellow on a dark
ground or black on a light ground.
in this sub-section amidships means the middle of
the length of the load water-line as measured from the fore
saide of the stem to the aft side of the stern-post.
(2) the owner, agent, or master of every ship in the waters
of the colony (except ships under twenty-five tons not carry-
ing cargo, pleasure yachts, ships not trading or plying for
hire, and ships employed solely as tugs) shall, before clear-
amidships within the meaning of sub-section (1) or as near
thereto as is practicable, in white or yellow on a dark ground
or in black on a light ground, a circular disc twelve inches
in diameter, with a horizontal line eighteen inches in length
drawn through its centre, subject to the following pro-
wisions:-
(a) the centre of the disc shall be placed at such level as
may be approved by the governor below the deck-line
marked under this section and specified in the certificate
given thereunder, and shll indicate the maximum load-line
in salt water to which it shall be lawful to load the ship: and
(b) the position of the disc shall be fixed in accordance
with the tables of freeboard contained in the instructions
to surveyors issued by the board of trade.
as amended by law rev., ord. 1924
(3) every owner or master of a ship (except ships under
twenty-five tons not carrying cargo, pleasure yachts, ships
not trading or plying for hire, and ships employed solely as
tugs), being within the waters of the colony, who neglects
to cause such ship to be marked with deck and load-lines or
to keep such ship so marked, or who allows such ship to be so
loaded as to submerge in salt water the centre of the disc,
and every person who conceals, removes, alters, defaces, or
obliterates, or suffers any person under his control to conceal,
remove, alter, deface, or obliterate, any of the said marks,
except in the event of the particulars thereby denoted being
lawfully altered, or except for the purpose of escaping
capture by an enemy, shall be liable to a fine not exceeding
five hundred dolllars.
(4) if any of the marks required by this section are in any
respect inaccurate so as to be likely to mislead, the owner or
master of the ship shall be liable to a fine not exceeding five
hundred dollars.
(5) if a ship is so loaded as to submerge in salt water the
centre of the disc indicating the load-line, the ship shall be
deemed to be an unsafe ship within the meaning of the
provisions of section 17, and such submersion shall be a rea-
senable and probable cause for the detention of the ship.
(6) the owner, agent, or master of a ship required to be
marked with deck and load-lines, shall also, on clearing the
ship deliver to the harbour master a statement in writing of
the distance in feet and inches between the centre of the disc
and the upper edge of each of the lines indicating the
position of the ship's deck which is above that centre, if
default is made in delivering this statement in the case of
any such ship, the harbour master may refuse to clear the ship.
(7) the governor may appoint the government marine
surveyor or any other person specially selected by him for
that purpose, to approve and certify on his behalf the
position of any disc indicating the load-line and any altera-
tion thereof, and the govenror in council may appoint fees
to be taken in respect of any such approval or certificate.
(8) every ship to which this section applies and upon which
a disc indicating the load-line has been marked shall be kept
so marked until the said ship next returns to the colony.
[9, rep law revision ordinance, 1924]
provided that this sectoin shall not apply to any ship of a
foreign country before a day to be notified in the gazette,
without prejudice, however, to the power of his majesty
previously to apply the provisions of the merchant shipping
acts relating to deck and load-lines to ships of any foreign
country if the government of that country so desire under the
merchant shipping acts, in which event this sectoin shall
apply forthwith to ships of such country.
provided also that this section shall not apply to any ship
of a foregin country with regard to which his majesty in
council has under section 445 of the merchant shipping
act, 1894, directed that ships of that country shall not be
liable to detention, fine, or penalty on proof that such ship
has complied with the laws and regulations of that country.
dangerous goods
15.(1) every preson who sends or attempts to send by,
or, not being the owner or master of the ship, carries or
attempts to carry in, any ship any dangerous goods as
defined by the dangerous goods ordinance, 1873, without
distinctly marking their nature on the outside of the vessel
or package containing the same and giving written notice
of the nature of such goods, and of the name and address
of the sender or carier thereof, to the owner or master of
the ship, at or before the time of sending the same to be
liable to a fine not exceeding five hundred dollars: provided
that if suc perosn show that he was merely an agent in
the shipment of any such goods and was ot aware, and
did not suspect, and had no reason to suspect that the goods
shipped by him were dangerous goods, the fine to which he
shall be liable shall not exceed fifty dollars.
(2) every person who knowingly sends or attempts to
send by, or carries or attempts to carry in,any ship any
such damgerous goods under a false descirption, or falsely
describes the sender or carrier thereof, shall be liable to a
fine not exceeding two thousand and five hundred dollars.
(3) the owner or master of any ship may refuse to take
on board any package or vessel which he suspects to contain
such dangerous goods and may require it to be opened to
ascertain the fact.
As amended by Law, Rev. Ord., 1924.
(4) it shall be lawful for the harbour master to refuse a
prot clearance to any ship carrying more than twenty
passengers, if there are no board any such dangerous goods
unless they are inclosed in a substantial compartment
exclusively appropriated to the stowage of dangerous goods
or otherwise secured from contact with or damage from any
other article or substance carried on board the ship, and so
placed and surrounded that they are inaccessible to either
the passengers or the crew, except with the consent of
the master, and the master of any such ship who leaves
or attmepts to leave the waters of the colony without
having the said dangerous goods inclosed, secured, placed,
and surrounded as in this sub-section provided, or without
having obtained a clearance, shall be liable to a fine not
exceeding five hundred dollars.
(5) where any such dangerous goods have been sent or
brought on board any ship, without being marked as
aforesaid or witthout such notice having been given as
aforesaid, the owner or master may cause such goods to be
throuwn overboard, together with any vessel or package in
which they are contained; and neither the owner nor the
master shall, in respect of such throwing overboard, be
subject to any liability, civil or criminal.
(6) where any such dangerous goods have been sent or
carried, or attempted to be sent or carried, on board any
ship, without being marked as aforesaid or without such
notice having been given as aforesaid, and where any such
goods have been sent or carried, or attempted to be sent or
carried, under a false description, or the sender or carrier
thereof has been falsely described, it shall be lawful for a
magistrate ot declare such goods, and any package or
\ receptacle in which they are contained, to be, and they shall
thereupon be, forfeited, and shall be disposed of as the
cour tmay direct.
(7) the magistrate shall have and may exercise the
aforesaid powers of forfeiture and disposal, notwithstanding
that the owner of the goods has not committed any offence
under the provisions of this section relating to dangerous
goods, and is not before the court, and has not notice of the
proceedings, and notwithstanding that there is no evidence
to show to whom the goods belong; nevertheless the
magistrate may require such notice to be given to the owner
or shipper of the goods before the same are forfeited.
(8) the provisons of this sectionrelating to the carriage
of dangerous goods shall be deemed to be inaddition to,
and not insubstitution for or in restraint of, any other
enactment for the like object, so, nevertheless, that nothing
in the said provisions shall be deemed to authorise that any
peroson be sued or prosecuted twice in the same matter.
grain cargoes.
16.(1) in this section,
(a) grain means any corn, rice, paddy, pulse, seeds,
nuts, or nut kernels.
(b) ship laden with a grain cargo means a ship carrying
a cargo of which the portion consisting of grain is more than
one-third of the registered tonnage of the ship, and that third
shall be computed, where the grain is reckoned in measures
of capacity, at the rate one hundred cubic feet for each ton
of registered otonnage, and where the grain is reckoned in
measures of weitht, at the rate of two tons weight for each
ton of registered tonnage.
(2) when such grain cargo is carried on board any vessel,
such grain shlal be contained in bags, sacks, or barrels, or
secured from shirging by boards, bulkheads, or otherwise.
(3) if any ship arrives within the waters of the colony with
grain cargo loaded contarary to the provisions of this section,
the master thereof shall be liable to a fine not exceeding one
thousand dollars.
(4) if the owner or master of any ship, or any agent of any
ship, knowingly allows any grain cargo or part of a grain
cargo to be loaded therein contrary to the provisions of this
section, or send or attempts to send such ship to sea, he shall
be liable to a fine not exceeding one thousand dollars.
unseaworthy ships.
17.(1) every person who sends or attempts to send, or
is a party to sending or attempting to send, a british ship to
sea insuch an unseaworthy state that the life of any person is
likely to be thereby endangered shall be guilty of a mis-
demeanor, unless he proves either that he used all reasonable
means to ensure the ship being sent to sea in a seaworthy
as amended by law rev. ord., 1924.
state, or that thae going to sea in such an unseaworthy state
was. in the circumstances, reasonable and justifiable.
(@) every master of a british ship who knowingly takes
the same to sea in such an unseaworthy state that the life of
any person is likely to be thereby endangered shall be guilty
of a misdemeanor, unless he proves that the going to sea in
such an unseaworthy state was, in the circumstances,
reasobable and justifiable.
(3) a prosecution under sub-sections (1) or (2) shall not
be instituted except with the consent of the governor.
(4)O a misdemeanor under sub-sections (1) or (2) shall not
be punishable on sumary conviction.,
(5) where a britiish ship being in any port of the colony
is an unsafe ship, that is to say, is by reason of the defective
condition of the hull, equipment, or machinery or by reason
of overloading or improper loading, unfit to proceed to sea
without serious danger to himan life, having regard to the
nature or the service for which the ship is intended, any such
ship (hereinafter described as unsafe) may be provisionally
detained, and afterwards either finally detained or released
as follows:
(a) the governor, if he has reason to believer, on complaint
or otherwies, that a british ship is unsafe, may provisionally
order the detention of such ship.
(b) when a ship has been provisionally detained, there
shall be forthewith served on the master of the ship a written
sttement of the grounds of detention, and the governor
may, if he thinks fit, appoint some competent person to survey
the ship and report to him.
(C) the governor, onreceiving the report, may either order
the ship to be released or, if in his opinion the ship is unsafe,
may order the ship to be finally detained, either absolutely or
until the performance of such ocnditions with respect to the
execution of repairs or alterations or the unloading or reload-
ing fo cargo as the governor thinks necessary for the protection
of human life, and he may vary or add to any such order;
(d) before the order for final detention is made, a copy of
the report shall be served on the master of the ship, and,
within serven days of such service, the owner, agent, or master
of the ship may appeal in the prescribed manner to the court
of survey constituted under section 20,
(e) where a ship has been provisionally detained, the owner,
agent, or master of the ship, at any time before the person
appointed under this section to survey the ship makes such
survey, may require that he shall be accompanied by such
person of nautical, engineering, or other special skill and
experience, to be approved by the govenror, as the owner,
agent, or master may select; and in such case if the surveyor
and assessor agree, the governor shall cause the ship to be
detained or released accordingly, but if they differ, the
governor may act as if the requisition had not been made,
and the owner, agent, and master shall have the like appeal
touching the report of the surveyor as is before provided by
this section.
(f) where a ship is provisionally detained, the governor
may at any time, if the thinks it expedient, refer the matter
to the court of survey; and
(g) the governor may at any time, if satisfied that a ship
detained under this ordinance is not unsafe, order such ship
to be released, either upon or without any conditions.
6(A) if it appears that there was not reasonable and
probable cause, by reason of the condition fo the ship
or the act or default of the owner or agent, for the
provisional detention of the ship, the government shall be
liable to pay to the owner of the ship his costs of and
incidental to the detention and survey of the ship, adn also
compensation for any loss or damage sustained by him by
reason of the detention or surery.
(b) if a ship is finally detained under this ordinance of if
it appears that a ship provisonally detained was, at the time
of such detention, unsafe, the owner of the ship shall be
liable to pay to the government the costs of and incidental
to the detention and survey of the ship, and such costs shall,
without prejudice to any other remedy, be recoverable in a
summary way before a magistrate.
(c) for the purposes of this ordinance, the costs of and
incidental to any proceeding before a court of survey, and a
reasonable amount in respect of the remuneration of the
surveyor, shall be part of the costs of t he detention and
survey of the ship; and any dispute as to the amount of costs
under this ordinance may be referred to the registrar of the
supreme court, who, on request made to him for that
purpose by the governor, shall ascertain and certify the
proper amount of such costs.
(d) a claim for any costs or compensation payable by the
government under this section may be brought against the
attorney general in an action brought by the plaintiff as
claimant against the attorney general as defendant, and the
provisions of the code of civil procedure relating to actions
against the government shall apply to such action.
(7) where a complaint is made to the govenor that
british ship is unsafe, he may require the complainant to
give security, to his satisfsction, for the costs and compensa-
tion which may be incurred by the government, and any
action that may be necessary to enforce such security may be
brought in the name of the attorney general: provided that
where the compliant is made by one-fourth, being not less
than,. three, of the seamen belonging to the ship and is not, in
the opinion of the governor, frivolous or verxations, such
security shall not b required, and the governor shall, if the
complaint is made in sufficient time before the sailing of the
ship, take proper steps for ascertaining whether the ship
ought to be detained under this ordinance.
8(a) an order for the detention of a ship, whether
provisional or fina, and an order varyhing the same, shall be
seved as soon as may be on the master of the ship,
(b) a ship which has been detained under this ordinance,
shall not be released by reason of the british register of
such ship being subsequently closed.
(c) for the purposes of a survey under this section, any
person authorised to make the same may go on board the
ship and inspect the same and every part thereof and the
machindery, equipment, and cargo, and may require the
unloading or removal of any cargo, ballast, or tackle.
(d) the provisions of the merchant shipping acts with
respect to persons who wilfully impede an inspector shall
apply as if those provisions were herein enacted, with the
substitution for the inspector of any member of the court
of survey, assessor, or surveyor, who, under this section, has
the same powers as an inspector or has authority to survey a ship.
unsafe foreign ships.
18. when a foregin shp whilst in the waters of the
colony is unsafe by reason of the defective condition of the
hull, equipments, or machinery, or by reason of overloading
or improper loafding, the provisions of this ordinance with
respect tot he detention of ships shall apply to that foreign
ship as if such ship were a british ship, with the following
modifications;-
(1) a copy of the order for the provisional detention of
the ship shall be forthwith served ont he consular officer
for the state to which the ship belongs, and, if there is no
such consular officer, on the master of the ship;
(2) where a ship has been provisonally detained, the
consular officer on teh request of the owner, agent, or master
of the ship, and, if there is no such consular officer, the owner,
agent, or master of the ship, may require that the person, if
any, appointed by the govenror to survey the ship shall be
accompanied by such person as the consular officer, or the
owner, agent, or master, may select; adn in such case if the
surveyor and usch person agree, the govenror shall cause
the ship to be detained or released accordingly; but if they
differ, and the owner, agent, or master shall have the like
appeal to the court of survey touching the report of the
surveyor as is hereinbefore provided; and
(3) where the owner, agent, or master of the ship appeals
tot eh court of survey, the consular officer, on the request
of such owner, agent, or master, or, if there is no such
consular officer, thew owner, agent, or master, may nominate
any competent person or persons to be members of the court
of survey, not exceeding two,
18A. nothting inthe provisions of sections 13, 14, 16 and
18 shall affect any foreign ship not bound to the colony
which comes into the waters of the colony for any purpose
other than that of embarking or lauding passengers or
taking in or discharging cargo or taking in bunker coal.,
part v.
marine courts and courts of survey
marine courts.
19.(1) it shall be lawful for the governor, whenever
occasion may arise, by qarant under his hand and the seal of
as amended by law rev. ord., 1924.
the colony, to form a court (which shall be called the marine
court) to make investigations as to casualties affecting ships,
or to inquire into charges of incopetency or misconduct on
the part of masters, mates, or engineers of ships.
(2) such court shall consist of not more than five or less
than three emmbers, of whom one shall be a magistrate adn
president of the court, and at least one shall be a com-
missioned officer int he royal navy, and the remainder
masters oft he british mercantile marine, or such persons of
nautical, engineering, or other special skill or knowledge as
teh governor may appoint; provided always that where
any investigation involves or appears likely to involve any
question as to the cancellation or suspension of the certificate
of a master, mate, or engineer, the court shall include not
less thatn two members having experience in the merchant
sevice.
(3) each of the unofficial members of such court shall be
paid the sum of ten dollars a day, or such other sum as the
govenrnor may, in any special case, direct, during each day
that the court sits.
(4) for the purpose of an investigation under this part, a
casualty shall be deemed to occur
(b) when on or near the coasts of the colony any british
ship has been stranded or damaged, and any iwthness is found
int he dcolony.
(c) when on or near the coasts of the colony any british
ship causes loss or material damage to any other ship;
(d) when any loss of life ensues by reason of any casualty
happening to or on board any british ship on or near the
coasts of the colony;
(e) when in any place any such loss, abandonment,
material damage, or casulaty as above mentioned has occurred,
and nay withness is found in the colony
(f) when in any place any british ship has been stranded
or damaged, and any witness is found in the colony; and
(g) when any british ship has been lost or is supposed to
have been lost, and any evidence is obtainable in the colony.
as to teh circumstances in which such ship proceeded to sea
or wasw last heard of.
(5) in any of the following cases:
(a) where a casulaty occurs to a british ship on or near
the coasts of the colony or to a british ship in the course of
a voyage to the colony;
(b) where a casualty occurs in any part of the world to a
ship registered in the colony.
(c) where some of the crew of a british ship to which a
casualty has occurred, and who are competent withness to
the facts, are found in the colony.
(d) where the incompetency or misconduct has occurred
on board a british ship on or near the coasts of the colony,
or on board a british ship on the course of a voyage to the
colony;
(e) where the incompetency or misconduct has occurred
on board a shop registered in the colony, and
(f) where the master, mate, or engineer of a british ship
who is charged with incompentency or misconduct on board
that ship is found in the colony,
it shall be lawful for such court to make investigation
respecting usch casualty and to hear and unquire into any
such charge of incompetency or misconduct, and for such
purposes the ocurt shall have the same jurisdiction over the
matter in question as if it had occurred within its ordinary
jurisdiction, but subject to all provisions, restrictions, and
conditions which would have been applicable if it had so
occurred, such court shall also have the powers given by
the merchant shipping acts, to inspectors appointed by the
board of trade, as well as all the powers of a magistrate
acting as a court of summary jurisdiction.
(6) an unquiry shall not be held under this section into
any matter which has once been the subject of an investiga-
tion or inquiry, and has been reported on by a competent
cour tor tribunal in any part of his majesty's dominions, or
in respectof hwich the certificate of a master, mate, or
engineer ahs been cancelled or suspended by a naval court.
(7) werhe an investigation or inquiry has been com-
menced in the united kingdom with reference to any matter,
all inquiry with reference to the same matter shall not be
held under this section,
(8) The certificate of a master, mate, or engineer may be
cancelled or suspended---
(a) if the court finds that the loss or abandounient of, or
serious damaage to, any ship, or loss of life, has been caused
by his wrongful act or default ; or
(b) if the court finds that he is incompetent, or that he has
been guilty of any gross act of misconduct, drunkenness, or
tyranny, or that, in a case of collision, he has failed to render
such assistance or give such information as is required by
the merchant shipping acts.
99) where any case before any such court as aforesaid
involves a question as tot he cancelling or suspending of a
cerrtificate, the court shall, at the conclusion of the case or as
soon afterwards as possible, state in open court the decision
to which it has come with respect to the cancelling or
suspending thereof.
(10) the court shall not be cancelled or suspended by a
court under this section, unless a copy of the report, or a
statement of the case on which the investigation or inquiry
has been ordered, has been furuished, before the commence-
ment of the investigation or inquiry, to the holder of the
cerrificate.
(12) teh board of trade may order the re-hearing of any
inquiry under this section in like manner as they may order
the re-heraing of a similar investigation or inquiry in the
untiled kingdom, but if an application for re-hearing either
is not made or is refused, an appeal shall lie from anuy order
high court in england: provided that an appeal shall not
lie.
(a) from any order or finding on an inquiry into a casualty
affeting a ship registered in a british possession; or
(b) front a decision affecting the certificate of a master,
mate, or engineer, if that certificate has not been granted,
either in the United Kingdoni or in a British
under the authority of the merchant Shipping Acts.
(13) It shall be the duty of the person who has applied
for a marine court to superintend the nianagenent of the
case and to render such assistance to the anni as is in his
power.
(14) The court may also exercise the following further
powers :-
(a) it may, if unanimous that the safety of the ship or
crew, or the interest of the owner, absolutely requirs it,
supersede the master of any british ship then being within
the waters of the colony, and may appoint another person to
act inhis stead; but no such appointment shall be made
without the consent of the consignee of the ship, if within
the colony;
(b) it may discharge any mate, engineer, or seaman from
his ship;
(c) it may order the wages of any mater, engineer, or seaman
so discharges, or any part of such wages, to be forfeited, and
may direct the same to be retained by way of compensation
to the owner or the be paid into the treasury; and
(d) it may make usch order as it thinks fit repsecting the
costs of the investigation or any part thereof, and such order
shall lbe enforced by the court in the same wya as an order
for costs under the magistrates ordinacne, 1890.
(15) each member of the court shall eigher sign the report
made on any investigation under this section or report to the
governor his reasons for dissent therefrom.
(16) every master, mate, or engineer whose certificate is
suspended or cancelled in pursuance of this ordinance shall,
ont he demand of the court, deliver his certificate to the court,
or, if it is not demended by the court, deliver it to the
governor or as he directs, and in default he shall be liable
to a fine not exceeding two hundred and fifty dollars.
917) where an investigation into the conduct of a master,
mate, or engineer, or into a casulaty, has been held under
this ordinance, the governor may, in any case, and shall , if
new and important evidence which could not be produced at
the investigation has been discovered, or if for any other
reason there has, in his opinion, been ground for suspecting
a miscarriage of justice, order that the case be re-heard,
either generally or as to any part thereof, and either by
the court by which it was heard in the first instance, or
by a marine court to be appointed under this section, or by
a judge sitting in admiralty jurisdiction, and the case shall
be so re-heard accordingly.
(18) it shall be lawful for the governor in council to make
regulations for varrying into effet enactments relating
to formal investigations into casualties and into charges of
imcompetency or misconduct, and in particuylar with respect
to the procedure, the parties, the perosn allowed to appear,
the notice to such parties and persons or to persons affected,
and the amount and application of fees.
(19) every formal investigation shall be conducted in such
a manner that, if a charge is made against any person, he
shall have an opportunityof making a defence.
courts of survey.
20.(!) it shall be lawful for the governor, whenever
occasion may arise, to appoint a court of survey in the same
manner and composed of the same persons as in the case of
a marine court, and in such case the following provisions
shall have effect:
(a) the case shall be heard in open court;
9b) each member of the court may survey the ship, and
shall have for such purpose all the powers of an inspector
appointed by the board of trade under the merchant ship-
ping acts;
(c) the court may order the ship to be surveyed, and may
appoint any competent person to survey the ship and report
thereon to the court, and such person may, in case of
disagreement, be appointed by a majority of the members
(d) tehc orut shall have the same power as the governor
has to order the ship to be released or finally detained, but
unless a majority; of the members concur in an order for the
detention of the ship, the ship shall be released; and
as amended by law rev.ord 1924
(e) the owner or agent and the master or the ship, and any
person appointed by the owner, agent, or master, may attend
at any inspection or survey Made in pursmance of this section.
(2) It shall be for the Governor in Council to make
regulations for carrying into effect the provisions of this
regulations with respect to a Could of Survey and appeals
thereto, and in particular with respect to the summoning of
and proccelure before the, court, the requiring on an appeal
midersection 10 (12) or section 17 (5) (d) or (e) security For
costs and damages, and the amount and application of fees.
(3) The court may make such order with respect to the
costs of any investigation mider this section as it may think
fit, and such costs shall be paid accordingly, and shall be
recoverable in the same manner is a civil debt, under the
Magistrates Ordinance, 1890.
(4) Nothing in this, section shall be deemed to affect. in
any way the Admiralty Jurisdiction of the Supreme Court.
PART VI.
REGULATION AND CONTROL OF THE WATES OF THE COLONY
AND OF VESSELS USING SAME
Ports of the Colony.
21. The Governor may declare by notification certain
places in the waters of the Colony to be ports, and no master
of any ship or junk shall, except from stress of wcather or
some other sifficient cause, anchor at any other place in the
waters of the colony.
duties of master.
22.-(1) The master of every merchant ship arriving
within signalling distance of the signal station at gap rock
or Waglan. or cape d'aguilar, and intending to enter any
port, shall hoist the national colotirs aild the house flao, or
the nunber of the ship, and shall keep the same flying while
passing. the signal station. He shall also hoist the national
Colours, of the ship wheil. entering. any port, and shall keep
the same flying until the ship has been entered at the harbour
Master's office.
As amended by Law Rev. Ord., 1924.
(2) every such master shall, on the arrival of his ship
within the waters of the colony, allow and assist on board
without delay the harbour master and the healthe officer of
the port as soon as they come alongside, and shall furnish
the barbour master with such information as may be
required in accordance with table K (A) in the schedule
and every master or any officer of the ship who delays,
obstructs, or impedes the harbour master or health officer,
or refuses to five such information as may be required, or
gives false particulars, shall be guilty of an offence.
(3) subject to the provisons of section 28, every such
master shall take up the berth pointed out by the harbour
master or by any person sent on board by him for that
purpose, and shall moor his ship there properly, and shall
not move to take up any other berth without his permission,
except in case of necessity, to be decided by the harbour
master, and indefault shall be liable to a fine not exceeding
one hundred dollars; adn be liable to a fine not exceeding
berth wehn required to do so by the harbour master, and in
default, without reasonable exucse therefor, shall be liable to a
fine not exceeding twenty dollars for every hour that the ship
remains in the old berth, after notice to remove, under the
hand of the harbour maser, has been given on board of
such ship. it shall also be lawful for the harbour master to
require all ships, including ships of war of any foreign
nation, to anchor or secure in such place as he may; direct,
or he may prohibit their anchoring or securing in any
particular place.
(4) every such master shall, within twenty-four hours
after arrival at any port, enter his ship at the harbour
master's office or, if the said office is closed, as soon as
possibel after it is again open for buseinss, adn, in the case
of a british ship or of a foregin ship which is not represented
by a consular officer, shall deposit there the ship's articules,
list of passengers, ship's register, clearance from lase port,
and true copy of manifest, if required, in the case of a
foreign ship represented by a consular officer, the said
papers shall be loged by the master at the proper consulate,
any master who offends against the provisions of this sub-
section shall be laible to a fine not exceeding two hundred dollars.
(5) every such master shall immediately strike spars, clear
hawse, or shif berth, and generally follow such directions as
having regard to the state of weather, the condition of
the port, or any other circumstances, the harbour master
may deem it necessary to give with a view to the safety of
the shipping and the proper regulation thereof; and any
master who wilfully disobeys or neglects or fails to comply
with the provisions of this sub-section shall be liable to a
fine ot exceeding two hundred dollars.
(6) every such master about to proceed to sea shall hoist
a blue peter not less than eighteen hours before the time of
intended departure, and shall give notice thereof, and if
required, shall state teh nature of teh intended voyage and
the general description of the cargo, to the harbour master,
who, if there is no reasonable objection, will furnish a port
clearance, return the ship's papers, and attest the manifest,
if necessay; and any master having obtained such clearance
and not sailing within thirty-six hours thereafter shall report
to teh harbour master his reason for not sailing, and shall
re-deposit the ship's papers, if required. any master who
wilfully neglects or disboeys or fails to coply with the
provisons of this sub-section, or wilfully gives false informa-
tion, or goes to sea without having obtained a port clearance,
shall be liable to a fine not exceeding two hundred and fifty
dollars: porvided thta nothing in this sub-section shall be
held to apply to any ship arriving when the harbour master's
office is closed for business and leaving before ths said office
is again oen for business, but in such case the master shall
cause such arrival and departure to be reported to the
harblur master as soon as practicable.
quarantine.
23.(1) it shall be lawful for the governor in council
to make regulations for maintaing and enforcing an
effectual quarantine in the waters of the colony, and for the
setting apart of suitable places in available situations for
quarantine stations and providing for hte detention and
seclusion in such places of person, whether actually suffering
from disease or not, ariving on board vessels subjected to
quarantine, and for the payment tot he government by the
owner or agent of any such vessel of any such costs and
expenses charged or incurred for the medical attendance
and maintenance of any person removed to any hospital or
other place
as amended by law rev. ord., 1924
(2) every person who offends against any such r4egulations
(except regulation 14 of table L in the schedule) shall be
liable to a fine not exceeding two thousand dollars, and to
imprisonment for any term not exceeding twelve months;
and the captain superintendent of police, and any officers
whom he may appoint for the purpose of enforcing
quarantine, shall have the same powers to prevent the
commission of breaqches of such regulations, and to arrest,
re-capture, or detain offenders against them, as may be used
by any person for the prevention of any felony or the arrest,
re-capture, or detention of a felon.
(3) all costs and expenses charged or incurred under
regulation 14 of table L, may be reovered in the summary
jurisdiction of the supreme court at the suit of the
treasurer.
fairways.
24. no vessel of any description, whether a ship of war
or otherwise, shall be allowed to anchor within any fairway
which is set apart by the harbour master for the passage of
vessels; and the master or other person in charge of any
boart or other vessel dropping anchor in or otherwise
obstructing such fairway shall be liable to a fine not
exceeding fifty dollars.
safety of ships and prevention of accidents
25(1) every junk under way in the waters of the
colony shall, from sunset till usnrise, carry either
(a) the lights prescribed for sailing vessels under way by
the international collision regulations; or
(b) two bright white lights, one of which shall be placed
at the foremast head and shall be of such a character as to be
visible all round the horizon on a dark night with a clear
atmosphere at a distance of at least one mile, and the other of
which shall be placed in the stern at a height above the hull
of not less thatn six feet, and shall also be of such character
as to be visible all round the horizon at the said distance.
for every ommission to comply witht eh requirements of
this sub-section, the master or other person for the time
being in charge shall be liable to a fine not exceeding one
hundred dollars.
as amended by law rev. ord., 1924.
(2) every ship, hulk, junk o other vessel (not being a
boart propelled by oars), being at anchor, or at morrings, or
alongside any wharf in the waters of the colony, shall, from
sunset to sunrise, if under one hundred and fifty feet in
length, carry forward there it can best be seen, but at a
height not exceeding twenty feet above the hull, a bright
white light, visible all round the horizon at a distance of at
least one mile, and, if of one hundred and iffty feet or
upwards in leghth, shall caryy such light at a height not
less than twenty and not exceeding forty feet above the hull,
and, in addition, a similar light at or near the stern, at such
a height that it shall not be less than fifteen feet lower than
the forward lighre, and in default the owner or master shall
be liable to a fine not exceeding one hudnred dollars.
(3) in the case of police assistance being required on
board any ship, owing to an outbreak of fire, or to a riot or
disturbance which the master and his officers are unable to
quell, if by day, the signal flag S of the commercial code
shall be hoisted, and, if by nightm three lights in a vertical
line, the highest and lowest red and the middle light white;
the day signal may be supplemented by the signal NM I
am on fire, or YF, want assistance - mutiny, and the
night signal by a flare-up every minute in the case of
fire, or blue lights in the case of distrubance, a con-
tinuous sounding with any fog signal apparatus may, in
addition, be adopted to attract atention in either case.
(4) it shall be lawful for the govenor in council to make
regulations of orders for the proptection, management and
nagigation of the waters of the colony, for the better and
more effectual keeping of order therein, and for the preven-
tion of any nuisance in the same.
offences in the waters of the colony
26.(1) every person who
(a) unlawfully cuts, damages, or destroys any of the ropes,
ebales, cordage, tackle, headfasts, or any other furniture of
or belonging to any vessel lying in the waters of the colony,
with intent to steal or otherwise unlawfully obtain the same
or any part thereo; or
As amended by Law Rev. Ord., 1924,
(b) for the purpose of preventint seizure or discovery of
any materials, furniture, stores, or merchandise belonging to
or having been part of the cargo of any vessel lying in the
waters of the colony, or of any other articles unlawfully
obtained form any such vessel, wilfully lets fall or throws
into the waters aforesaid, or in any other manner conveys
away from any vessel, wharf, quay, or landing place, any
such article; or
(c) casts or deposits any dead body, ballast, rubbish, or
other substance into the waters of the colony without the
written permission of hte harbour master; or neglects within
a reasobable time to remove any sunken vessel or other
1obstruction in the said waters belonging to him or in his
charge or keeping; or
(d) not being inhis majesty's service and not being duly
authorised by law for the purpose, goes on board any ship
within the waters of the colony, without the permisson of
the master or officer in charge of such ship; or
(e) not being in his majesty's service, makes fast to or
causes to be made fast a ship under way within the waters
of the colony any boar or other vessel, without the permis-
sion of the master o officer in charge of such ship; or
(f) being in charge of any boat plying for hire receivers or
lands passengers after 8 p.m. and before 5 a.m. except at
such wharf as may be specified by regulations which the
governor in council is hereby empowered to make, or except
at any private wharf with the consent of the owner thereof; or
(g) hires any vessel and refuses or neglects on demand by
the person in charge thereof to pay the lawful fare,
shall be liable to a fine not exceeding fifty dollars, or to im-
prisonment for any term not exceeding two months.
any constable may take into custody any person offending
against paragraph (b), and may seize and detain any boat in
which such person is found or out of which any article is let
fall, thrown, or ocnveyed away. it shall be lawful for the
master or other person incharge of any ship to take into
cusdoy and deliver up fortwith to any constable any person
offending against paragraph (d).
(2) in the following cases;-
9a) if any launch, junk, or other vessel shall be found
alongside any puble wharf or landing place (not being
engaged in taking on board or landing passengers or cargo)
or longside any vessel, private wharf, or landing place
(unless with the permission of the master or onwer thereof),
or lying off any vessel, wharf, or landing place, public or
private, so as to obstruct the free access of other vessels
therto; or
9b) if any lighter, junk, or boat is moored or at anchor at
a distance of less thatn one hundred yards from low water
mark of such part of hte oclony as may be declared by reg-
ulation to be made by the govenor in council, between 9
p.m. and 5 a.m. proveided that nothing herein contained shall
be ocnstrued to extend to any lighter, junk, or boat moored
or at anchor alongside of any private wharf with the consent
of the owner thereof,
thew onwer, master, or other person in charge thereof shall be
laibel to a fine not exceeding fifty dollars, or to imprison-
ment for any term not exceeding two months.
(3) except as is provided by section 25(3), or excpet in
cases of ships of war, or ships carrying mails in respect of the
mail signal gun, no cannor, gun, firearm, or firework of any
description shall be dischraged, without the sanction of the
harbour master, within such portions of the waters of the
colony as the govenor in council may by regulations pre-
scribe, form any ship, junk, or boat, under a penalty not
exceeding two hundredc dollars.
removal of obstructions.
27. the harbour master may, by written notice, require
any person to remove, iwthin a reasonable tiem to be speci-
fied in such notice, any obstruction, whether floating,
submerged, or sunk, in the waters of the colony, caused by
such person or belonging to him or in his charge or keeping;
and if such person fails to remove the obstruction within the
specified time, the Harbour;Master shall cause it to be removed,
and may recover the expenses of removal from the person
named in the notice ; or, if no such person call be found, the
obstruction, when removed by the Harbour Master, may be
sold to defray the expense of such removal.
morings and buoys
28.-(1) It shall be lawful for the harbour master to place
in the waters of the Colony such Government moorings and
buoys as may be approvedby the Governor, and to allow the
use thereof on such terms and conditions and for such fees as
the Governor in Council direct.
(2) No person shall keep or place moorings or buoys in
the waters of the Colony except with the sanction of the
Harbour master, and except on the conditions prescribed by
the Grovernor in Council under sub-section (5). such moor-
ings and buoys shall be of such nature and construction as
the Harbour Master may approve.
(3) 'No person shall moor or anchor bulks or vessels of like
description within the waters of the Clolony except with the
sanction of the harbonr Master, and except on such conditions
and subject to the payment of such fees is the. Governor in
Council may direct.
(4)moorings and buoys sanctioned by the harbour master
under sub-section (2) shall not be made use of by any ship
other than the ships of the penson to whom such sanction
has been granted, except with the, consent of such person or
by the direction of the Barbour master; and the master of
ally ship using any such moorings and buoys without such
consent or direction shall be liable to a penalty of twenty
dollars for every day or part of a day during which he so
uses such moorings and buoys, after he has been requested
to remove therefrom.
(5) it shall be lawful for the governor in council to make
regulations prescribing the terms, conditions, and fees for
any of the purposes mentioned in this section.
fishing stations, fishing stakes, fishing stake-nets, and
fishing generally
29,91) it shall be lawful fo the governor in council to
make regulations for the registration, licensing, erection,
maintenance, management, working, and control of fishing
stations, fishing stakes, and fishing stake-nets, (all of which
are in this section inclueded in the word stakes,) in the waters
of the colony, prsecribing the places where the same may be
erected, the distances to be maintained from the shore and
As amended by Law Rev. Ord., 1924.
from other stakes, and the depth of water for stakes, the
removal of such stakes when out of repair or not in use, the
lighting. of such stakes at night, the removal, repairing, and
cleaning of such stakes, and otherwise generally for all
purposes, whether ejusdem generis with the above purposes
or not, connected with stakes.
(2) Any stakes established, renewed, altered, or repaired
to the provisions of such regulations may be removed
by the Harbour. Master; and the owner or occupier thereof
in addition to any other penalty to which he is liable under
this section, shall be bound, if required to do so by the
harbour Master, to pay the expenses of such removal, and
such expenses may lie recovered by the Harbour Master by
summary distress upon the property of stich owner or occupier
and by the sale of a stifficient portion of property to pay
such expenses.
(3) it shall be lawful for the governor in council to make
regulations determining the fees to be charged for licences
for stakes according to their extent, situtation, and methods.
(4) it shall also be lawful for the governor in council to
make regulations forthe management, working, and control
of all fishing operations generally in the waters of the colony.
(5) every person who disobeys any of the provisions of
this section or of any regulation made by the governor in
council under this section shall be liable to a fine not
exceeding fifty dollars.
powers of police
30.(1) it shall be lawful for the captain superintendent
or any officer of police not below the rank of inspector,
and for th4e harbour master or assistant harbour master,
to enter at all times, with such constables as he may think
necessary, as well by night as by day, into and upon every
ship, boar, junk, or other vessel (not being or having the
status of a ship of war) in the waters of the colony, and into
every part thereof, for the purpose of inspection, and of
directing the conduct of any officer of police who may be
stationed on board, and of inspecting and observing the
conduc of all other person who may be employed on board,
in or about lading or unlading, as the case may be, and for
the purpose of taking all such measures as may be necessary
for providing against fire or other accidents and prserving
peace and good order on board, and for the effectual preven-
tion or detection of any felonies or misdemeanors.
(2) it shall be lawful for the captain superintendent or
other officer of police not below the rank of sergeant, having
just cause to suspect that any felony or misdemeanor has
been or is about to be committed in the waters of the colony,
to enter at all times, as well by night as by day, into and
upon any aship, boar, junk, or other vessel (not being or
having the status of a ship of war), and to take into custody
all persons suspected of being concerned in such felony or
misdemeanore, and to take charge of any property suspected
of having been stolen or unlawfully obtained; provided
always that the powers conferred by this sub-section may in
respecto f steamships under sixty tons and of junks be
exersiced by any european police officer of whatever rank.
(3) where, under this section, authority is given to any
officer to enter upon any ship, boar, junk, or other vesse, such
officer may require the master or person in charge to stop
such ship, boart, junk, or other vessel to enable him to make
such entyr, any master or person in charge who refuses or
wilfully neglects to comply with such requirement shall be
liable to a fine not exceding two hundred dollars.
part VII
lighthouses, buoys, and beacons.
31.(1) in this part,
(a) buoy and beacon include all other marks and
signs of the sea.
(b) lighthouse includes lightships and all floating and
other lights exhibited for the guidance of ships.
(2) it shall be lawful for the governor to erect and
maintain such lighthouses, buoys, or beacons for the guidance
of ships, and to lay, erect, and maintain such cables, wires,
and other necessary apparatus for the purpose of telegraphic
or other communication in connexion therewith or for any
other purpose as the governor in council may think
nexessary.
(3) it shall be lawful for the governor with the assent of
the legislative council, to raise by way of public loan, on the
as amended by law rev. ord., 1924.
security of the general revenues, such sums of money as may
be necessary for the purposes aforesaid, and every loan so
raised shall be a charge upon the sald revenues.
(4) It shall be for the Governor, in the meanwhile,
with such assent as aforesaid, to order the payment, by way
of temproary advance, out of the Treasury, of Such sums of
money arising from the general reveimes as may be
for the purposes aforesaid: Provided always that all sums of
money so advanced shall be repaid into the Treasury out of
the sums which may he raised by way of loan under the
provisions hereinbefore contained.
light and other dues.
32.-(1) the owner, agent, or master of every ship which
enters the waters of the colony shall pay such dues as may
be fixed by order of the governor, pursuant to resolution of
the legislative council, to such officer as the governor may
appoint to collect the same, all british and foreign ships
of war and all vessels of less than twenty tons shall be exempt
from the payment of the said dues.
(2) It shall be lawful for the Governor in Council-
(a) to fix the times, places, and modes at and lit which the
dues shall. be payable;
(b) to exempt any ships or classes of ships from such
payment, and to annex any terms. or conditions to such
exemptions -, and
(c) to substitute any other dues or classes of dues, whether
by way of annual payment or otherwise, in respect of any
ships or classes of ships.
(3) Tables of all dues, and a copy of regidations in respect
thereof, shall be posted up at the harbour Master's. office.
(4) A receipt for the said dues shall be given by the person
appointed to collect the same 9hereafter in this section
referred to as the collector) to every person paying in the same,
and the harbour master shall not grant a clearance to any
ship unless such receipt is produced to him.
(5) If the owner, agent, or master of any ship falls, on
demand of the collector, to pay the said dues in respect
thereof, it shall be lawful for the collector, in addition to any
As amended hy Law. Rev. Ord., 1924,
other remedy which he is entitled to use, to enter upon such
ship andn distrain the goods, guns, tackle, or any other things
of or belonging to or on board such ship, and to detain such
distress until the said dues are paid; adn if payment of the
same is not made within the three days next ensuing such
distress, the collector may, at any time during the con-
tinuance of such non-payment, cause the distress to be
appraised by two sufficient persons, and therupon sell the
same, and apply the proceeds in payment of the dues unpaid
together iwth reasonable expenses incurred by him under
this section, paying the surplus, if any, on demand, to the
said owner, agent, or master,
96) in order to ascertain the burden of any ship liable to
pay dues under this section, the collector may require the
owner or master to produce the register of such ship for his
inspection, and , ont he refuseal or neglect of such owner or
master ot produce such register or to satisfy the collector as
to what is the true beurden of the ship, it shall be lawful for
him to cause such ship to be measured, and any expenses
incurred in such measurement shall be recoverable from the
owner or master of such ship in the same manner as dues
payable under this section; and such measurement shall be
deemed to be the real burden of the ship, and may be treated
as such for all the purposes of this seciton.
(7) the master of any ship who
(a) departs or attempts to depart from any port leaving
aupaid the dues required to be paid under this section; or
(b) refuses to have his ship measured to ascertain her
burden in tons; or
(c) obstructs any person in the duties of his office,
shall be liable to a fine not exceeding two hundred dollars.
damage to lights buoys, and beacons, cables, etc
33.(1) every person who wilfully or negligently com-
mits any of the following offences;-
(a) injures any lighthouse or the lights exhibited therein,
or any buoy or beacon, or any cables, wires, or other
apparatus, either in connexion therewith or otherwise; or
(b) removes, alters, injures, or destroys, any lightship, buoy,
or beacon, or any cables, wires, or other apparatus, either in
connexion therewith or otherwise; or
As amended by Law Rev.. Ord., 1924.
.(c) rides by, makes fast to, or rans foul of any lightship,
buoy, or beacon,
shall, in addition to the expenses of making good any damage
so occasioned, be liable to a fine not exceeding two hundred
and fifty dollars.
(2) It shall be lawful for the, Governor in Council to make
regulations for the protection of telegraph cables or
either in connexion with any lighthouse, lightship, or
beacon, or otherwise.
gap rock lighthouse
34. The powers and provisions contained in sections 31
to 33, In respect or lighthouses, buoys, beacons., cables, wires,
or other apparatus in connexion therewith and cities, shall
equally apply to the llghthouse upon the island commonly
known as Gap rock, and any cables, wires, and other
apparatus for the purpose. of telegraphic or other communica-
tion in connexion tlierewith.
prevention of false lights
35.-(1) Wherever any fire or light is burnt, or exhibited
at such place or in such manner as to be liable to be mis-
taken fora light proceeding from a lighthouse, it shall be
lawful for the harbour Master to serve a notice on the owner
of the place where the fire or light is burnt or exhibited or
on the person having charge of such fire or light, either
personally, or by delivery at the place of abode of such owner
or person, or by affixing the same in some conspicuous spot
near to such fire or light, and by such notice to direet such
owner or person, within a reasonable time to be therein
specified to take effectual means for extinguishing or
effectually screening such existing fire or light, and for
preventing for the future any similar fire or light; and every
owner or person who fails to comply with such notice shall
be deemed guilty of a common nuisance, and in addition to
any other penalties or liabilities of any kind thereby Incurred,
shall be liable to a fine, not exceeding five hundred dollars,
or to imprisonment fon any term not exceeding six months.
(2) If any owner or person falls to comply with such
notice as aforesaid, it shall be lawful for the Harbour master
to enter into the place wherein the same may be, and
As amended by Law Rev. Ord., 1924.
forthwith to extinguish such fire or light, doing no un-
necessary damage; and all expenses incurred by the harbour
master in such extinction may be recovered from such
owner or person as aforesaid.
PART VIII.
IMPORTATION AND STORAGE OF EXPLOSIVE
36.-(1) The Governor may provide all necessary vessels
and buildings for the storage of gunpowder and other
explosives.
(2) Such vessels or buildings shall be termed the govern-
ment gunpowder depot, and shall be under the control and
managemnet of the harbour master, subject to such orders
as may be received from the governor; and such vessels or
buildings shall be fitted and manned in such manner as the
harbour master, iwth approval of the governor, may
deem expedient.
(3) it shall not be lawful for the master of any vessel to
anchor within five hundred yards of the government gun-
powder depot, except by permission of the harbour master,
(4) the master, agent, or consignee of every vessel
arriving in the colony, having on board htereof as cargo any
quantity fo gunpowder or other explosive, shall, immediately
on arrival and before the discharge from teh vessel of any
of such gunpowder or other explosive, furnish the harbour
master iwth a copy of the manifest of the same, the marks
of all the packages, and the names of the consignees, if he
knows the same.
(5) the master of every such vessel shall, on arrival, take
the same to the gunpowder anchorage or to the place which
may be pointed out to ;him by the harbour master, and the
said vessel shall not be remvoed therefrom, without the
permisson of the harbour master, until the cargo of ex-
plosives has been discharged or for the purpose of going to
sea.
(6) the master of every vessel having on board as cargo
gunpowder or other explosive, and whilest engaged in the
transhipment of the same, shall exhibit a red flag at the
hightest mast-head
as amended by lwa rev. ord., 1924.
(7) It shall not he lawful for the master of any vessel.
having on board as cargo gunpowder or other explosive to
anchor or such vessel within five hundred yards of any other
vessel, except by permission of the Harbour Master.
(8') The master of every vessel about to take on board as
cargo any quantity of gunpowder or other explosive shall.
give notice to the harbour master and shall take the sald
vessel into the gunpowder Anchorage or into such other
anchorage as the, Harbour Master may deem expedient
and shall. not remove therefrom, except for the purpose of
proceeding on his voyage or for some other sifficient cause
to be approved by the Harbour Master.
(9) No gunpowder or other explosive shall be shipped,
landed, or transhipped, within the waters of the Colony,
between 6 p.m. and 6 a.m. from October to march inclusive,
or betiveen 7 a.m. and 5 a.m. from April to September
inclusive, except witb the permission in writing of the
harbour Master.
(10) It shall not be lawful for any person, without the
permission in writing of the Governor, to keep, except, at
the Government gunpowder depot, for any time, however
short, any quantity of gunpowder or other explosive :
Provided, nevertheless, that any person may keep for his
private use only, adn not for sale, any quantity of gunpowder
not exceeding twenty pounds and any number of safety
cartridges not exceeding five thousand.
(11) where any magistrate has reasonable grounds for
believing that any gunpowder or other explosive is kept on
board any vessel, or ina ny house or placem in contravention
of this section, he may grant a warrant to any police officer
to enter the same, and thereupon such officer may so enter
and, if necessary, break into the premises and search the same.
(12) it shall be lawful for the governor in council to
make regulations for the proper carrying out of the pro-
visions of this section, and for the movemnt, carriage,
landing, shipment, and transhipment of explosives, and the
precautions to be taken in connexion therewith, and to fix
the sums chargeable for the storage of gunpowder, safety
cartridges, or other explosives. every violation or neglect
of any such regulations shall render the party so offending
liable to the penalties imposed by sub-section (14).
(13) the sums charged in respect of the storage of such
gunpowder or ohter exploseive shall be paid monthly by the
paryt on whoise name the same is or are stored, adn, in the
event of ono-payment within twenty-one days after the money
has become due and payable, it shall be lawful for the
governor to direct the said gunpowder or other explosive to
be sold inorder to defray the expense of storage, and the
proceeds thereof, after deducting all government charges
and the expenses of sale, shall be paid to teh party who
proves himself entitled thereto to the satisfaction of the
governor.
(14) every person who vilates, or refuses or fails to
comply withm any of the provisions of this section shall be
liabtle to a fine not exceeding three hundred dollars, or to
imprisonemtn, without hard labour, for any term not exceed-
ing six months.
(15) nothing in this section shall be deemed to affect the
provisions of the dangerous goods ordinance, 1873.
(16) nothing in this section shall apply to his majesty's
ships of war, or to the ships of war of any foreign nation, or to
hired armed vessels in his majesty's service or in the service
of any foreign nation, or to any government stores,
(17) gunpowder anchorage means the anchorage on
the south side of stonecutters island, to the west of a line
from which the white rock bears north and to the north of
a line from which the mast of the royal observatory at
kowloon bears east.
part IX.
launches and motor boats and river steamers
launches and motor boats.
37.(1) in htis section,
(a) launch means any steamship not exceeding sixty tons.
(b) owner includes chartever and agent.
(2) it shall be lawful for the governor in council to make
regualtions for hte following purposes;
as amended by no. 13 of 1917 and law rev. ord., 1924.
motor boats, and of the owners, masters and engineers of
launches and motor boats ;
(b) the payment of fees in respect of licences, permits,
clearances, certificates, surveys, and other documents and
services relating to launches or motor boats
(c) the duties of the owners, masters and engineers, of
launches and motor boats; and
(d) generally for the purpose of carrying into effect the
provisions of this section.
(3) Every person -who does or is a party to any act forbid-
den by this section or fly any regulation made thereunder,
and every person who omits to do anything which he is
required to do this section or by any regulation made
thereunder, and every licensee who commits a breach of any
condition of his licence, shall, where no other penalty is
provided, be liable, to a fine not exceeding five hundred
dollars.
(4) If any unlicensed launchor motor boat carries more
persons than might lawfully be carried under the regulations
made under this seetiou, having regard to the size of the
launch or motor boat, the amount of space available, and the
part or parts of the waters of the Colony in which the launch
or wotor boat has carried such ersons, or if my licensed
launch or motor boat carries more passengers than may law-
fully be carried mider the conditions of the licence, the
owner and master shall be liable. to a fine not exceeding five
hundred dollars, and to imprisonment, for any term not ex-
ceeding three months.
(5) Every person who places on the safety value of any
licensed launch greater pressmure than is allowed under
the conditions of the licence, shall be liable to a fine not
exceeding five hundred dollars, and to imprisonment for any
terin not execeeding three months.
(6) Every penson who places on the safety valve of any
unlicensed launch any greater pressure than would have
been lawful if the launch had been surveyed immediately
before the occurrence of the alleged oftence and had been
licensed under this section, shall be liable to a, fine not
exceeding five hundred dollars, and to imprisonment for any
term not exceeding three months.
(7) every owner or master of any launch or motor boat
who permits such launch or motor boat to ply while in an
unseaworthy or unsafe ocndition by reason of overloading or
from any other cause shall be liable to a fine not exceeding
five hundred dollars, and to imprisonment for any term not
exceeding three months.
(8) it shall be lawful for the harbour master or the
government marine surveyor or any person authorised thereto
by the harbour master or the government marine surveyor
purpose of inspecting such launch or motor boat, and no
person shall obstruct any such inspection,
(9) it shall belawful for the harbour master ot cancel, or
to suspend for any period, the licence of any launch or motor
boat if the govenrment marine surveyor reports to him that
from any cause the said launch or motor boat is intended, or
if at any time he ceases to approve of the sureties to any
biond given under the provisions of nay regulation made
under this section, or if from any other cause any such bond
is or becomes invalid or ceases to be in force,
(10) it shall be lawful for the governor incouncil, for
any cause which he may think fit, to cancel any launch or
motor boat licence or to suspent it for nay period.
(11) it shall be lawful for the harbour master to cancel,
or to suspend for any period, any local certificate of competency
issued by virtue of the provisions of this section, if it is
proved to his satisfaction after due inquiry that the holder
of the certificate has been guilty of any imcompetency or
negligence in the performance of his duties as master or
engineer as the case may be.
(12) it shall be lawful for the governor incouncil, for
any cause which he may think fit, to cancel any locak certificate
issued by virute of the provisions of this section or to
suspend it for nay period.
(13) if upon the cancellation or suspensionof any such
licence or certificate, the licensee, or the holder of the
certificate as the case may be, or any person inpossession of
such licence or certificate, fails to deliver up the licence or
certificate to the harbour master forthwith upon demand he
sahll be guilty of an offence against this ordinance.
(14) no master or other person in charge of any launch or
motor boat shall disobey and lawful order of the harbour
master.
(15) this section shall not apply to launches or motor boats
which are the property of his majesty or of any foreign state.
(16) nothing in this ordinance shall be construed as
exempting launches or motor boats from compliance with
the regulationsfor the prevention of collisions which are in
force in the colony under or by virute of the provisions of
the merchant shipping act, 1894.
river steamers.
38.(1) it shall be lawful for the harbour master to
grant a special licence to any river steamer, specifying the
number of passengers which such river steamer may lawfully
carry. such number shall be subject to such conditions as
the governor in council may direct by regulations.,
(2) such special licence shall conginue in force during the
period in which the river steamer holding the same is
regularly employed in such capacity; but such licence may
be revoked by the harbour master on receiving a declaration
in writing from any governmet surveyor that the steamer
has become unfit to carry the number of passengers authorised
by such licence, or on such river steamer either ceasing to
be rgularly employed as such or being employed otherwise.
(3) the owner or master of any river steamer leaving or
entering the waters of the colony with passengers on board
in excess of the number authorised by the special licence
shall be liable to a fine not exceeding two hundred and fifty
dollars, and, in addition, to a fine not exceeding five dollars
for every passenger on board in excess of the number
authoirsed by the special licence.
part X
junks and other chinese vessels
39.(1) all trading junks, fishing junks, lighters, cargo
boars, fish-drying hulks as well as any other fulks, and all
small boats other than pleasure boats (all of which, as well
as all boats included in the definition of junk in section
2, are for the purposes of this section referred to by the term
As amended by Law Rev. Ord., 1924,
As amended by No. 25 of 1913 and Law Rev. Ord., 1924.
vessel , unless they are specifically referred to with in the
waters of the colony, shall be licensed in the classes and in the
forms, and shall pay the fees for such licences, prescribed in
tables T adn U in the schedule, or such other classes, forms
and fees ads the governor in council may substitute therefor
respectively.
(2) (a) in this section master includes any person for
the time being in charge or command of any vessel.
(b) branch stateions of the harbour master's office shall be
maintained at such places as the governor may determine,
which shall be under the superintendence and control of the
harbour master, and shall be called harbour master's stations.
(c) the harbour master shall, with the approval of the
governor, by regulation appoint suitable anchorages in the
waters ofthe colony to be called anchorages for junks.,
the limits of such anchorages shall be as indicated in
table S in the schedule, but may be altered by the harbour
master, wtih approval of the governor.
(3) every master of a vessel who fails to take out a licence
as required by this section shall be liable to a fine not
exceeding one hundred dollars, or to imprisonment for any
term not exceeding three months.
(4) no vessel shall be licensed in more than one class
without the permission in writing of the harbour master with
the approval of the governor.
(5)( trading junk licences shall be issued by the harbour
master upon paymnet of the prescribed fee for such periods
and subject to such conditions as the harbour master, with
the approval of the governor, may determine, such conditions
shall be indorsed on or contained in such licence, and the
master shall cause the number of such licence to be painted
in figures, whtihc shall not at any time by ocncealed, twenty
inches in lenght in such colours as the harbour master shall
the hull in figures two inches in length, every person guilty
of a breach of any such conditions or of the provisions of this
sub-section shall be liable to a fine not exceeding two hundred
dollars, in addition to any other penalty he may thereby
incur.
(6) fishing junk licences shall be issued by the harbour
master upon payment of the prescribed fee for such periods
and subject to such conditions as the harbour master, with
the approval of the governor, may determine, such conditions
shall be indorsed on or contained in such licence, and the
master shall cause the number of such licence to be painted
in figures, which shall not at any time be concealed, twenty
inches in length in such ccoulours as the harbour master shall
direct, on each bow and on the stern, and on or about the
centre of the main sail in black figures not less than twenty-
foru inches in length, and branded on the hull in figyres two
inches in lenght. every person guilty of a breach of any
such conditions or of the provisions of this sub-section shall
be liable to a fine not exceeding one hundred dollars, in
addition to any other penalty he may thereby incur.
(7) lighters, cargo boats, fish-drying hulks and other hulks,
sampans, and all small boats, other than pleasure boats, shall
be licensed by the harbour master upon the payment of the
as the harbour master, with the approval of the governor,
may determine, which conditions shall be indorsed on or
contained in such licence, and the master thereof shall cause
the number of such licence to be painted in figures, which
shall not at any time be concealed, of such size and in such
direct. every person guilty of a breach of any such con-
ditions or of the provisions of this sub-section shall be liable
to a fine not exceeding one hundred dollars, in addition to
any other penalty he may thereby incur.
(8) it shall be lawful for the governor in council to make
regulations:
(a) for the licensing, registration, due management, control,
and regulations, within the waters of the colony, of all vessels,
and for fixing the scale of fees for such licences;
(b) for fixing the scale of fares to be charged in respect of
cargo boats, liighters, adn all small boats other than pleasure
boats;
(c) for the regulation and management of all boats, sampans,
or other vessels used as dwelling-places within the waters of
the colony and not plying for hire;
(d) for the registration or licensing of such last-mentioned
vewsels and of the people dwelling in the same; and
(c) for providing adequate means for preventing by force
when necessary any junk leaving the waters of the colony or
any port in violation of this section;
provided that until, other regulations are made those
contained in table U in the schedule shall apply.
(9) in case any greater number of persons or passengers
shall be taken or carried in any vessel within the waters of
the colony than is respectively allowed to be carried therein
by the aforesaid regulations, and any person or passenger is
drowned in consequence thereof, every person who is in charge
of suhc vessel shall be guilty of a misdemeanor, and may be
punished therefor, ithout prejudice to any civil remedy,
and in addition to any penalty provided for under the
aforesaid regulations.
910) the master of every junk shall immediately on arrival
in the waters of the colony, report such arrival at the
harbour master's officer or at the nearest harbour master's
station, or, if the said office or station is closed, as soon as
possible after it is again opened for business, and shall
deposit the licence and furnish the following particulars
which shall be entered in a register to be kept for the
purpose:
(a) the name and capacity of the junk (in piculs)
(b) the name, address and description of the owner and of
the master;
(c) the name and address of every consignee or agent, if
any, of the junk and carho in the colony;
(d) the description of the cargo on board and the number
of crew and passengers;
(e) the place from which the junk sailed on the voyage to
the colony and the date of departure from such place and of
arrival in the colony; and
(f) the number or amount, and the nature of the guns,
arms and ammunition carried, if any.
(11) the master of any junk about to leave an anchorage
at any port shall, eighteen hours before the time of the
intended departure, hoist at the highest mast-head such flag
or signal as shall be specified by the harbour master, and
shall also give notice of such intending departure, the nature
of the propsed voyage together with the general character
of cargo, and particulars of any arms, ammunition, and
other articles on board, at the harbour master's office or
stateion, as the case may be, at which the licence of such junk
has been deposited, and he will thereupon if there is no
reasobale objection have the licence returned to him:
provided always, that in case such junk shall not leave the
said anchorage within twenty-four hours thereafter, the
master shall report the same at the harbour master's office
or stateion,a s the case may be, and the reason thereof and
shall if so required re-deposit the said licence.
(12) the harbour master or the officer in charge of any
harbour master's station may, upon payment of the fee
prescribed in table T in the schedule, grant to the master
of any licensed vessel a special permit, valid for one voyage
only, for the doing of any act mentioned in such permit.
such; special permit may authorise a trading junk licensed
to trade only within the waters of the colony to leave the
waters of the oclony for one voyage only, the special per-
mits shall be in the form of entry in the junk's pass book as
shown in table T in the schedule.
(13) no vessel shall leave any port of the colony without
a clearance or permit, unless the safety of the vessel (through
stress of weather) shall render it necesary, and in such case
such vessel shall return to the former anchorage or place in
port when necessity shall have ceased.
(14) no junk except a licensed fishing junk shall leave
any anchorage or attempt to leave any port between 6 p.m.
and 6 a.m. from October to March inclusive, nor between 7
p.m. and 5 a.m. from April to september inclusive.
(15) no licence, special permit, or receipt shall be used in
respect of any vessel other than the vessel therein specified,
or ofr nay purpose or for any period of time other than as
therein mentioned, and any master of a vessel who shall
knowingly use or attempt to use any licence or special
permit which shall not have been lawfully obtained, shall be
liable to a fine not exceeding three hundred dollars, or
imprisonment for any term not exceeding twelve months
and every vessel in respect of which a licence or special
permit has been used or attempted to be used in violation of
this sub-section may, either with or without the cargo there-
of, and whether the master has been brought to trial or not,
at the discretion of the court, be forfeited.
(16) It shall be lawful for the Harbour Master to grant to
anY vessel other than a junk a licence, in like manner and
in accordance with the provisions of sub-section (5), when it
appears to him that such vessel is to be employed in the
same or a similar manner as a junk, aud such vessel shall,
so long as the said. licence is in force, be considered for all
purposes of this Ordinance to be, a junk. For any such
licence the same fee shall he paid as for a Pink.
(17) It shall be lawful for the Harbour master to order
vessels to anchor or secure in such place as he may direct,
or to prohibit their anchoring or securing in any particular
place, Or to Order them to remove to any other place.
(18) It shall be lawful for the Harbour, Master to give
such orders to all vessels, for the proper discipline of the
Larbour and for the prevention of disorder or confusion, or
otherwise as he may think fit.
(19) Every master of any vessel who shall, when within
the waters the Colony, disobeyany lawful orders of the
Harbour Master, shall be liable to a fine not exceeding one
hundred dollars.
(20) Every master of a Junk who brings into the Colony
any person who, in the opinion of the magistrate before
whom the charge is tried, has come to the Colony for the
purpose of mendicancy, or any person suffering from leprosy
or any infectious or contagious disease, or who removes any
such person from one part of the Colony to another, shall
be liable to a fine not exceeding ten dollars unless in the
case of any person suffering from any infectious or
contagious disease, such master can show to the satisfaction
of the magistrate that he had no reasonable means of
knowing that such person was so suffering.
(21) It shall be lawful for the Harbour Master or any
person deputed thereto by him, or for any officer of police
or any revenue officer, at any time to stop and board any
vessel within the waters of the Colony and demand the
production of any licence or special permit, and in case by
reason of the non-production of any of such documents, or
for any other reason, there shall be ground to believe or
suspect that any provision of the law has been violated by the
master of such vessel, or in case the document produced
shall appear from the date thereof, or from any other cause,
to have been unlawfulIy obtained, or to be unlawfully used,
to -arrest such vessel an~dthe cargo thereof (If any) and the
master, and deliver thein into the custody of the police.
(22) Every vessel, the inaster of which is charged with
having violated the provisions of this section, may be
forthwith arrested and detained, unless bail to the satis-
faction of a magistrate is given, until he shall either have
been acquitted or, if found guilty, shall have paid the fine
inflicted upon him, and in case he shall fall to pay, within
ten days, any fine inflicted upon him, the same may be
recovered by the sale of such vessel and the balance, if any,
of the net proceeds thereof, after deducting therefrom the
expenses of such sale and the amount of such fine, shall be
paid to the owner or tbe vessel if clainied within twelve
months from the date of the sale, and if not claimed within
that period, shall be forfeited: Provided that in case it shall
be brought to the knowledge of the magistrate that there is
in the Colony any consignee or agent of such vessel, no sale
thereof shall be made until three days notice shall have
been given to him in writing.
(23) Every vessel forfeited or sold under this section
shall be transferred to the purchaser thereof, at his expense,
by a bill, of sale from the Harbour Master, which shall
confer upon such plirchaser, his executors, administrators,
and assigns an absolute title to such vessel.
(24) No vessel or cargo liable to forfeiture under this
section shall be so forfeited unless the offence in respect
of which it is liable to forfeiture, shall be tried by two
niagistrates who shall have power, in their discretion, to
extend the period allowed for an appeal from their decision
to the Supreme Court, either before or after the expiration
thereof.
(25) every master of' a junk who refuses or falls to
comply with the provisions of sub-sections (10) or (11), or
who knowingly gives untrue particulars concerning the
information which he is thereby required to furnish, shall
be liable to a fine not exceeding two hundred dollars, or
to imprisonment for any term not exceeding six months.
(26) Every master of a vessel who violates the provisions
of sub-sections (13) or (14) shall be liable to a line, not
exceedine, two hundred dollars, or to imprisonment for any
term not exceeding six months, and, further, such vessel
and the cargo thereof may, in the discretion or the
magistrates, be forfeited. It shall be lawful for any
or police or revenue officer to arrest within the water, of the
Colony any junk or other Chinese vessel except a licensed
fishing leaving or attempting to leave any anchorage
or Which he has good reason to believe had left any
anchorage or any port, in contravention of the provisions of
sub-section (14).
(27) If in any action brought in respect of a collision
occurring between sunset and sunrise, in or outside the
waters of the Coloity, between a junk and any other vessel
whatsoever, it is proved that such Junk did not carry either
the lights prescribed for sailing vessels by the International
Collision Regulations, or the lights prsecribed for junks by
sub-sections (1) or (2) respectively of section 25, then such
junk shall be. deerned to he in fault, unless it is shown to
the satisfaction of the court that the circumstances of the
case made the omission to carry such lights necessary:
Provided that the word vessel 'In this sub-section shall
not be limited by the definition of vessel in sub-section ( 1).
[s. 40, re[. no. 48 of 1911]
part XI
general
prosecution of offences and procedure.
41.(1) such of the provisions of the merchant shipping
acts as apply to this colony and are inconsistent with the
provisions of this ordinance are hereby repealed so far as
they relate to ships registered in this colony; but in all
other respects the provisions of the merchant shipping acts,
so far as they are not inconsistent with the provisions of
\ thir ordinance, shall be in force in this colony, and in
particular such as relate to rights to wages and remedies
As amended by No. 11 of 1922 and Law Rev. Ord., 1924.
for the recovery thereof, to leaving seamen abroad, to the.
provisions, health, and accommodation of seamen, to the
power of seamen to make complaints, to the protection of
seamen from imposition, to discipline, to official logs, and
to crimes committed abroad shall apply, mutatis mutandis
and so far as the saine can be extended, to all ships
registered in this Colony, when such ships are within the
waters of the Colony, and to the owners, masters, and crews
of such ships.
(2) (a) every offence declared by the Merchant Shipping
Acts or by this Ordinance to be a misdemeanor may, if
tried in this Colony, be tried by the Supreme Court in the
same manner as other misdemeanors are tried, and may
also, unless otherwise expressly provided, instead of being
prosecuted before the Supreme Court, be prosecuted sun -
marily in accordance with the procedure established by the
Magistrates Ordinance, 1890, but, if so prosecuted, shall be
punishable by the magistrate only with imprisonment for
any term not exceeding six months or with a fine not
exceeding one thousand dollars.
(b) Every offence made punishable by the Merchant
Shipping Acts by imprisonment, with or without hard
labour, for any term not exceeding six months or by a fine
not exceeding one hundred pounds may be prosecuted
summarily before any magistrate, and may be punished by
imprisonment for any term not exceeding six months, or
by a fine not exceeding one thousand dollars.
(c) The provisions of the Magistrates Ordinance, .1890,
with regard. to appeals shall apply to all summary con-
victions under this section.
(3) All offences against this Ordinance, except when
otherwise provided, may be heard and determined by any
magistrate, and all penalties and forfeitures imposed and
declared by and expenses recoverable under this Ordinance,
except when otherwise provided, may be recovered and
enforced in a summary manner; and the marine magistrate
shall, in relation to all such offences, penalties, imprisonment
for default, forfeitures, and expenses, have the like powers
and authority as are given to a magistrate under the
Magistrates Ordinance, 1890, in respect of offences triable
on summary conviction.
(4) Wbere no penalty is specially attached by this
Ordinatice to the breach or infringement of any provision
contained therein, the saine shall be punishable by a fine
not exceeding two hundred dollars.
(5) (a) Where, for the purposes of this Ordinance, any
document is to be served on any person, that document may
be served-
(i) in any case by delivering a copy thereof personally to
the person to be served, or by leavings, the same at his last
place of abode; and,
(ii) if the doctiment is to be served on the master of a
ship, where there is one, or on a person belonging. to a ship,
by leaving the same for him on board that ship with the
person being or appearing to' be in cominand or charge of
the ship; and,
(iii) if the document is to be served on the master of a
ship, where there 's no master, and the ship is in the
Colony, on the managing owner of the ship, or, if there is
no managing owner, on sonie agent of the owner residin-
in the Colony, or, where no such agent is known or can be
found, by affixing a copy thereof to the, mast of the ship.
(b) Every person who obstructs the service of any
document on the master of a ship shall be liable to a fine
not exceeding. one hunred dollars, and if the owner, agent
or master of the ship is party or privy to such obstruction,
he shall be guilty of a misdemeanor.
(6) Where mider this Ordinance it is enacted that, under
certain conditions, a ship shall not leave the waters ofor
any port of the Colony, it shall be lawful. for the harbour
Master, under stich ' conditions, to detain the ship until he is
satisfied that the provisions of the law have been fulfilled.
(7) Where inider this Ordinance a ship is authorised or
ordered to be detained, if the ship, after such detention or
after service on the master of any notice of or order for such
detention, proceeds or attempts to proceed to sea before
having been released by competent authority, the master of
the ship, and also the owner or agent, and any person who
sends the ship to sea, if such owner, agent, or person is
party or privy to the offence, shall be liable to a fine not
exceeding five hundred dollars.
(8) Where a ship so proceeding to sea takes to sea, when
on board thereof in the execution of his duty, any officer
authorised to detain the ship or any surveyor or officer
appointed by the Governor, the owner and master of the
ship shall each be liable to pay all expenses of and incidental
to the officer or surveyor being so taken to sea, and shall
also be liable to a fine not exceeding five hundred dollars, or,
if the offence is not prosecuted summarily, not exceeding
fifty dollars for every day until the officer or surveyor
returns, or until such time, as would enable him, after
leaving the ship, to return to the port from which he was
taken, and such expenses may be recovered in like manner
as the penalty.
(9) Any exception, exemption, proviso, excuse, or quali-
fication in relation to any offence -under the Merchant
Shipping Acts or -under this Ordinance, whether it does or
does not accompany in the same section the description of
the offence, may be proved by the defendant, bin need not
be specified or negatived in any information or complaint,
and if so specified or negatived, no proof in relation to the
matter so specified or negatived shall be required on the
part of the informant or complainant.
(10) in any proceeding in court against any person for a
breach of the provisions of this Ordinance, all entries in the
official log and the articles of agreement shall be received
in evidence, subject to all just exceptions.
Regulations.
42.-(1) In addition to the powers hereinbefore given,
it shall be lawful for the Governor in Council to make
regulations-
(a) for the purpose of prohibiting, restricting, regulating
and controlling in any manner whatsoever the embarkation
or landing of persons or things on or from vessels of all
kinds; and
As amended by Law Rev. Ord., 1924 (See No. 13 of 1917, s. 4 (1)
(b) for the better and more effectual carrying out of the
provisions of this Ordinance.
(2) In any regulations, or conditiom, made under this
Ordinance, it shall be lawful for the Governor in council
to impose penalties for the breach thereof, but so, neverthe-
less, that, except for breach of quarantine regulations, the
penalty shall not exceed two hundred dollars or six months
imprisonment, with or without hand labour.
Remuneration, fees and costs.
43.-(1) There may be paid out of the revenue to any
officer or person appointed under this Ordinance, or to any
member of a Marine Court, examination Board, or Court
of Survey, or to any assessor, such renitineration as this
Ordinance directs or, in so far as this Ordinance does not
extend, as the Governor inay direct.
(2) There may be paid out of the revenue all costs and
compensation payable by the governor or the government
in pursuance of this Ordinance.
(3) The fees prescribed by the Governor in Council are
hereby declared to be payable to the collector appointed by
the Governor, and the same and all other fees payable,
under this Ordinance may be recovered summarily before a
magistrate.
abstract of the ordinance.
44. An abstract, of such portions of this Ordinance as
the governor may approve, together with such other informa-
tion as he may deem expedient, the whole to be known as
the Hongkong Port Regulations, shall be delivered to the
master of every vessel it the time. the vessel enters
the waters of the Colony; and if, before obtaining clearailee,
the master does not, return abstract to the Harbour
Master, he shall pay a fee of one dollar for the same.
Ships of war.
45. This Ordinance shall not, except. where otherwise
specially provided, apply to his Malesty's ship of war or to
As amended by Law Rev. Ord., 1924,
the ships of war of any foreign nation nor shall it apply,
except so far as regards Parts VI, VII, X and XI, to pleasure
yachts, nor to the owners, masters, and crews thereof.
Skips propelled by electricity, etc.
46. Any provisions of this Ordinance applying to steam-
ships shall apply to ships propelled by electricity or other
mechanical power, with such modifications as the Governor
may prescribe for the purpose of adaptation.
SCHEDULE.
Table A.
REGULATIONS RELATING TO LUE-SAVING APPLIANCES, &C
For the purposer of these regulations, ships shall be arranged into the
following classes:
Class I-Sea-going ships having passenger certificates. under section 10.
Class II-Sea-going ships not certified to carry passengers and
Class III-River steamers under Section 38.
CLASS 1.
Regidatians wid scale for sea-going ships having passenger
certificates under section 10.
1. Ships of Class I shall carry boats placed under davits fit and ready for
use and having proper appliances for getting them into the water, in number
and capacity not less than prescribed ill the scale annexed to regulation 2
of the regulations in this Table relating to ships of Class I. The boats
shall be equipped in the manner required by, and shall be of the description
defined in, the General Regulations appended hereto.
2. Masters or owners of ships of Class I claiming to carry fewer boats
than are aiven in the following scale must declare before the Harbour
Master at the time of clearance that the boats actually placed under davits
are sufficient to accommodate all persons on board allowing 10 enbie feet of
boat capacity for cach adult person or stalute adult
As amended by Law Rev. Ord., 1924.
990 No, 10 of 1899 MERCHANT SHIPPING
NOTE.-When in ships already fitted the required cubic contents of boats
placed under davits are provided although by a smaller number of boats than
the minimum required by this scale, such ships shall be regarded as complying
with the regulations as to boats to be carried under davits.
3. Not less than half the number of boats placed tinder davits shall be,
boats of section A or section B of regulation 1 of the General
Regulations.
4. The remaining boats may also be of such description or may it the
option of the ship-owner (or, master), be beats of section C or section D in
accordance with regulation 1 of the General Regulations : Provided that,
not more than 2 boats shall be boats of section D.
5. If the boats placed under davits in accordance with the foregoing
scale do not furnish sufficient accommodation for all persons ou board, then
additional wood, metal, collapsible, or other boats of approved description
(whether placed under davits or otherwise) or approved life-rafts shall be
enrried. One of these bouts may be it steam launch ; but in that case the
space occupied by the engines and boiler is not to be included in the estitnated
cubic capacity of Like boat. Subject to the provisions contained ill regulation,
7 of the regulations in this Table relating to ships of Class 1, such additional
boats or rafts shall be of at least such carrying capacity that they and the
boats required to be placed under divits by the said scale provide together
in the aggregate in vessels of 3,000 ton; gross aud upwards three-fourths,
and in vessels of less than 5,000 tons gross one-half more than the minimum
cubic contents required by column 3 of the said scale, and for this, purpose 3
cubic feet of air-case in the life-raft is to be estimated as 10 cubic feet of
internal capacity : Provided always that the rafts will accommodate all
the persons for which they are to be certified under the regulations, and also
have 3 cubic feet of air-case for each person. All such additional boats or
rafts shall be placed as conveniently for being available as the ship's arrange-
ments admit of, having regard to the avoidance of undue incumbrance of the
ship's deck, and the safety of the ship for the voyage.
6. When ships are divided into efficient water-tight, compartments, so
that with any two of theint in free communication with the sea, the ship will
remain afloat in moderate weather, they shall only be requition to carry
additional boats or life-rafts of one-half of the capacity required by regulation
5 of the reulations in, this Table relating to ships of Class 1.
7. In addition to the life-saving appliances before mentioned, ships of
this class shall carry not less than one approved life-buoy, (regulation 10 (a)
or 10 (b) of the General regulations), for every boat placed under davits.
They shall also carry approved life-belts (regulation 9 of the General
Regulations), or other similar approved articles of equal buoyancy suitable.
for being worn on the person so that there may be at least one for cach
person on board ship : Provided that he ship of this class shall he required
to carry more boats or rafts than will furnish sufficient accommodation for
all persons on board.
CLASS II.
Regulations for sea-going ships not certified to carry passengers.
1. Ships of Class II shall carry on each side at least so many and such
boats of wood or metal placed under davits (of which one on one side shall
he a boat of section A, or section B, and oil the other side shall be a boat
of section A, or section B, or section C of regulation I of the General
Regulations) that the boats on each side of the ship shall be sufficient to
accommodate all persons on board. They shall have proper appliances. for
getting the boats into the water.
2. They shall carry approved life-belts as required for ships of Class I.
3. They shall carry not less tlian 6 approved life-buoys (regulation 10 (a)
or 10 (b) of the General Regulations).
CLASS III
regulations for steamships having special licences as river steamers
under section 38
1. ships of class III shall, according to their tonnage, carry boats placed
under davits as required for ships in class I.
2. If the boats placed mider davits in accordance with the above require-
ments do not furnish sufficient accommodation for all persons on board, then
additional bouts or approved life-rafts shall be suppplied as for ships of
Class I.
3. Provided that if (having regard, to the avoidance of undue incumbrance
of' the ship's deck and to the Safety of the ship for the voyage) it, is not
practicable for a ship of tbis class to carry additional approved boats or
approved life-rafts as required for ships of Class 1, the deficiency so caused
may be made up by the supply of an equivalent number of approved buoyant
deck seats or other approved buoyant deek fittings to the satisfaction of the
Government Marine Surveyor.
4. At least one approved life-buoy (regulation 10 (a) or 10 (15) of the
General regulations) shall also be provided for each boat of wood or metal
carried by the ship, but in no case shall less tban 6 approved life-buoys be
provided.
GENERAL REGULATIONS
1.-Boats.
NOTE.-,All boats shall be properly constrncted and equipped as provided
by the. General Regubitions and in bonts and other life-saving appliances
are to be kept ready for use to the satisfaction of the Government Marine
Surveyor.
Section A-A boat of this section shall be a life-bont properly constructed
of wood or metal having., for every 10 cubic feet of the capacitv computed,
as in regulation 2 of the General Regulations, at, least one cubic foot of
strong and Serviceable inclosed air-tight compartment, such that water
cannot find its way into them.
Section B-A boat of this section shall be a life-boat properly const.ructed,
of wood or metal having inside and outside buoyancy apparatus together
equal in efficiency to the buoyancy provided for a boat of section A. At
least one-half of the bnoyancy apparatus must be attached to the outside of
the boat.
Section C-A boat of this section shall he a life-boat properly costructed
of wood or metal having some buoyancy apparatus attached to the inside
and/or outside of the boat equal. in efficiency to one-half the buoyancy ap-
paratus provided for a boat of section A or section B. At least one-half
the buoyancy apparatus must be attached to the outside of the boat.
Section D-A boat of this section shall be a properly constructed boat of
wood or metal.
2.-cubic capacity
measure the length and breadth outside and dept inside; multiply
thern together and by .6 ; the product is the capacity of the boat, in cubic
feet. Thus, a boat 28 feet long, 8 feet 6 inches broad, and 3 feet 6 inches
deep will be regarded as having a capacity of 28 x 8.5 x 3.5 x 6=499.8
or 500 cubic fee If the oars arc pulled in rowlocks, the bottom of the
rowlock is to he considered the gunwale of the boat, for ascertaining her
depth.
3. number of persons for boats.
The number of persons a boat of section A shall be deemed fit to carry
shall be the number of cubic feet (ascertained as in regultation 2 of the
General Regulations) divided by 10. Theor persollA a boat of
sections B, C, D shall bo deenied fit to carry shall be the number of
cubic feet (ascortained as in regulation 2 of the General Regulations)
divided by 8. The space in the boat shall be sufficient for the seating of
the persons carried in it and for the proper use of the oars.
4.-Appliances for lowering boats.
Appliances for getting boats into the water must fulfil the following,
conditions :- means are to be provided for, speedily detaching the boats from
the lower blocks of the davit, tackles ; the boats placed wider davits are, to
be attached to the davit tackles and kept ready for service ; the davits are
to be strong enough and so spaced that the boats can ho swuno, ont, wich
facility ; the points of attachment of the boats to the davits are to be
sufficiently away from the ends of the boats to ensure their being easily
swung clear of the davits ; the boats ehocks are to be stich as call he
expeditiously removed ; the davits, falls, blocks, eye-botts, rings. and the
whole of the tackling are to be of sufficient strength ; the boats' falls are to
be long enough to lower the boat into the water with safety when the
vessel is light; the life-lines fitted to the davits are to be long enough to
reach the water when the vessel is light ; and books are not to be attached
to the lower tackle blocks,
5-Equipment for boats aizd for life-rafts.
In order to be properly equipped each boat be provided as
follows --
(a) with the full (single banked) complement of oars, and two spare
oars ;
(b) with two plugs for each phug hole attached with lanyards or chains,
and one set. and a half of thole pins or crutches attached to the boat by
sound lanyards ;
(c) with a sea anchor, a baler, a rudder and tiler or yoke and yoke lines,
a painter of sufficient length, and a boat hook. The rudder and baler to be
kept attached to the boat by sufficiently long lanyards and kept ready for
use ; and
(d) with a vessel to be kept filled with fresh water.
Life-rafts shall be fully provided with a suitable equipment.
6.-Additional equipment for bonts of section A and B.
in order to be properly equipped each boat of sections A and B, in
addition to being provided with all the requisites laid down in regnlation .5
of tbe General Regulations, shall be equipped as Follows (but not more
than boats in any one ship are required to have this outfit) :-
(a) with two hatchets or tomahawks, one to be kept, in each end of the
boat and to be attached to the boat by a lanyard ;
(b) with a mast or masts, and with at least one good sail and proper gear
for each
(c) with a line in loops rull round the outside or the boat and
made fast ;
(d) with in efficient compass
(e) with one gallon of vegetable or animal on in it vessel of approved
pattern for distributing it on the water in rough weather ; and
(f) with a lantern trimmed, and with on in its receiver sufficient to
burn 8 hours.
7. - number of persons for life-rafts
The number of persons that any approved life-raft for use at, sea shall be
deemed to be capable of carrying shall be determined with reference to each
separate Pattern approved by the Government Marine Surveyor.
Provided always that for every person so carried tbere shall be at, least 3
cubic feet of strong selwiceable inclosed air-tight compartments such that
water cannot find its way into them. Any approved life-raft of other con-
struction may be used provided that it has equivalent buoyancy to that
hereinbefore described. Every such approved life-raft, shall be marked in
such a way as to indicate plainly the number of adult persons it can carry.
8. buoyant apparatus
Approved buoyant apparatus shall be deemod sufficient for it number of
persons to be ascertained by dividing the number of pounds of iron which
it is capable of supporting in fresh water by 32. Such buoyant apparatus
shall not require to be inflated before use, shall be of approved construction,
and marked in such a way as to indicate plainly the number of persons for
whom it is sufficient.
9.-Life-belts.
All approved life-belt shall mean a belt which doos not require to be
inflated before use avid which is capable of floating in the water for at
least 24 hours with 15 lbs. of iron suspended from it.
10.-Life-buoys
An approved life-buoy shall mean either : -
(a) a life-buoy built of solid cork and fitted with life-lines and loops
securely seized to the life-buoy and capable of floating in the water for at.
least 24 hours with 32 lbs. of iron suspended from it ; or
(b) a strong life-buoy of any other approved pattern and material provided
that it is capable of floating in the water for at least 24 hours with 32 ibs.
of iron suspended from it, and provided also that it is not stuffed with
rushes, cork shavings, or loose granulated cork, or other loose material, and
does not require inflation before use.
11. positionof life-belts and life-buoys.
All life-belts and life-buoys shall be so placed as to bc readily accossible
to the persons on board aud so that their position may be known to those
for whom they are intended.
Table B.
REGISTRY FEES. [s. 43 (3).]
Electing an Imperial Register and granting a certificate thereof
under 50 tons, ..................... $10,00
50 tons to 100 tons ...... ........115.00
100 tons to 200 tons ...................20.00
for every additional 100 tons or fraction of 100 tons 5.00
Copy from Register Book ..............10.00
For every declaration made in any of the forms specified in Part II
of the First Schedule to the Merchant Shipping Act, 1894 ... 4.00
Indorsing a memorandum of change of master upon certificate of
Imperial Registry ......................2,00
Indorsing a niemorandum of change of ownership upon certificate of
Imperital ..........................4.00
Certificate of sale or mortgage .................. 4.10
Recording the mortgage of a ship, or shares in a ship 10.00
Recording the transfer of a mortgage of a ship, or shares in a ship, 10.00
Recording the discharge of a mortgage of a ship, or shares in a ship, 10.00
As amended by Law Rev. Ord., 1924.
Indorsing on register a charge in rig or tonnage .........................4.00
Recording the sale of a ship or shares in a ship 10.00
For every alteration in agreements with seamen 2.00
For certifying a desertion .................... 2.00
For attesting a seaman's will .......nil.
For examining provisions or water (to be paid by the party failing
to support his case) ................10.00
For inspection of Register Book ... ...... 2.00
(b) the above sacle is for 12 months, for 6 months six-twelfths of the
fee will be charged, for 9 months nine-twelfths, and so on, at the rate of
one-twelfth for each month; but no fee is to be less in amount than three-
twelfths. In all cases of new steamships, or of steamships coming under
survey for a passenger certificate for the first time, a full 12 months fee
must be paid, notwithstanding that a certificate for 12 months may not be
required, and in no case of an incomplete declaration will less than three-
twelfghs be charged.
(c) the fee paid in accordance with the foregoing scale covers any
number of visits that a surveyor may require to make before he is able to
grant his declaration, as well as the inspection of the lights and fog-signals,
and of the marking of the vesse, which inspection must be made by the
surveyor before he can grant his declaration. the fee does not, however,
apply to or include any inspection of lights, fog-signals or making made
subsequently to the granting of the declaration.
(d) the above fee does not cover any service under the chinese pas-
sengers act, 1855, or the asiatic emigration ordinance, 1915, or
measurement for tonnage.
As amended by Law Rov. Ord,, 1924.
2,-(a) Survey of ships under the Chinese Passengers Act, 1855,
or the Asiatic Emigration ordinance1915.
(b) A special survey is to be deemed to be a survey requiring more thall
two visits by a Government surveyor or surveyors, or a survey in eases in
which from age or any orber circumstances there are reasonable grounds
for doubting the seaworthiness of the vessel. Where the ease requires
unusual attention and occupies an unusual amount of tbe surveyor's time,
the higher fee of $60 and upwards will be charged, according to the special
circumstances of the case and the number of visits made.
(c) Where a declaration has been granted for a steamship under section
10 (8) of the Merehant Shipping Ordinance, 1899, the survey under the
Chinese Passengers Act, 1855, or the, Asiatic Emigration Ordinance, 1915,
will he made on payment of half the usual fee mentioned above. The fee
paid in accordance with the above scale covers the inspection of the lights
and fog-sigmals, and of the marking of the vessel, made at, the time of
survey under the Chinese Passengers Act, 1855, or the Asiatic emigration
Ordinance, 1915. It does not, however, apply to, or include, any inspection
of lights, fog-signals, or markine, made subsequent to such survey.
(d) The fee for survey under the Chinese Passengers Act, 1855, or the
Asiatic Emigration Ordinance, 1915, does not cover any survey of a
steamship for a passenger certificate tinder the Merchant. Shipping Ordi-
nance, 1899, or measurement for tonnage, or inspection of crew spaces.
(e) Travelling expenses (if any) and subsistence expenses (if any) due
according to the scale authorised by the Governor will be charged it
addition to the fees.
4.-Inspection of the berthing or sleeping acoommodation
of the crew.
(a) The fee to be paid on application for inspection is $6.
(b) A further fee of 86 will be charged if more than one visit by the
surveyor is necessary.
(c) The fees for inspection of crew spaces will not be charged if the
iuspection is matle when the vessel is measured for tonnage, but if a second.
or third visit is necessary for erew spaces alone it fee of 86 for each visit
will be charged.
5. inspection of lights and fog-signals.
(a) The fee to be paid on application for inspection is 86.
(b) A further fee of 86 will be charge if more than one visit by the
Government Marine Surveyor is necessary.
6.-Inspection of the markings of
The fee for a first visit is $6, aud is to cover all expenses except where
application is made by the owner, whell expenses are also to be charged
For any subsequent visit, expenses are to be charged, but no further fee.
7. inspection of tracings or drawings.
the fee to be paid when tracing is submitted for inspection is $30.
This fee will not be charged wben tbe full fee for survey under the
Merchant Shipping Acts, the Chinese Passengers Act, 1855, or the Asiatic
Emigration Ordinance, 1915, has been paid.
8.-Survey of seaworthiness for change of name when directed
to be made.
Fees will be charged in accordance with the scale for a 12 months
passenger certificate (See scale in regulation 1 of those regulations).
9.-Recording change of name and indorsing carving note.
The fee to be charaed when no survey of seaworthiness is. made is $10.
10.-Survey for re-registry under section 54 of the
merchant shipping Act, 1894.
Tbe fee will be charged on the same scale as for change of nalne. This
fee includes the inspection of crew spaces and lights, but does not include
measurement for tonnage.
11.-Stti-vey of a vessel before transfer to a foreign flag.
The fee to be charged in cases of survey before transfer to the flag of
any other country is $50.
12. minor inspections, alteration of rig, port of registry, &c
A fee of $10 is to be charged in all cases of minor inspections (e.g.
alteration of rig, port of registry, description of engines, &c.)
13. For remeasitrement of passenger accommodation in any
ship the passenger certificate of which is unexpired.
A fee of $20
14.-For surveys of ship's bottom only.
Half the fee for survey of steamships for passenger certiticates.
15-For survey of boilers.
A fee of $50.
16-For approving and certifying position of load-line.
A fee of $10.
17. overtime fees for service of Government marine surveyors.
Week days,-
from 8 a.m. to 10 a.m. and 4 p.m. to 6 p.m . $10 per hour.
from 6 a.m. to 8 a.m. and 6 p.m. to 8 p.m . 20
before 6 a.m. and after 8 p.m . ........40
On Sundays and holidays ................40
A service occupying less than one hour will be charged as one hour.
For a service exceeding one hour, a quarter of the fee will be charged for
each quarter of all hour, and any expenses incurred will be charged in
addition.
N.B.-When an incomplete declaration is given, one-half of the Survey
fee in regulation I of tbese regulations will be charged.
Table D
SPACE TO BE ALLOTTED TO PASSENGERS IN SHIPS NOT WITHIN THE
CRINr8E PASSFNCERs ACT, 1855, Oft THE ASIATIC
EMIGRATION ORDINANCE, 1915.
[ss.. 10 (8) (-) (v), 11 (1) (e) & 11 (3).]
1. The space to be provided on the between decks shall be 9 superficial
alid 54 enbic feet of space for each passenger.
2. On the upper or weather dock there shall be provided for the exercise
of the passengers and crew a space of 4 superficial feet for ench member of
the crew and for each passenger accommodated on the between decks ; and
if it be intended to carr passengers on the remaining spaces of the Said
weather deck, then 12 superficial feet of such remaining space shall be
provided for each upper deck passenger.
As amended by G.N. No. 116 of 1920 and Law Rev. Ord., 1924.
3. Upper deck passentrers may be carried only between ports within the
following limits, namely, Hongkong, the coast of China, formosa, french
Indo-China, and the Philippine Islands.
4. Between the 1st day of June and the 14th day of Outober, both days
inclusive, every ship carries tipper (leek passengers under regulation
3 of this Table, shall, for the use of such passenger, be furnished witb a
deck-house or other permanent protection against, the weather which will
provide a space of 12 superficial feet and 72 cubic, feet for each upper clock-
passenger carried : Provided that this regulation shall not, upply to voyages
between hongkong and Swatow or Swatow and Hongkong, on which run
upper deck passengers may be carried at all seasons of the year without the
provision of the deck-house.
5. Passengers are not to be earried on more than two decks on any one
voyage.
6. The superficial area, of a deck shall mean the area of the deck itself
exclusive of sky-lights, hatchways, and other incumbrances.
7. No part of the cargo or of the passengers luggage or of the
provisions, water, or, Stores, Whether for the use or the passengers of the
crow, shall be carried on the upper deck or on the passengor
the same is stowed and secured to the satisfaction of the harbour Master,
and is phteed so as not to impede light or ventitlation or to interfere with
the comfort of the passeagers ; and any space so occupied and rendered
unavailable for the accomodation of the passengers shall be deducted in
calculating the passenger space.
8. There shall. not be more than two tiers of berths on any one deek.
9. Such provisions for affordiner light and air to the passenger decks
shall be supplied as the circumstances of the case may, in the judgment of
the Harbour Master, require. The, passenger shall have the free and
unimpeded use of the whole of the hatchway situated over the space
appropriated to them, and over each such hatchway there shall be crected
such a booby hatch or other substantial covering as will afford it the
amount of light and air and of protection from wet as the case will admit..
10. The First and Second Class Saloons, if not reserved for First and
Second Class passengers, may be included in the spaec provided for in
regulations 1, 2, and 4 of this Table.
Table E. [ss. 4 (3), 37 (2) & 43, (3).]
REGULATIONS FOR LAUNCHES AND MOTOR BOATS.
1. Subject to the provisions of regulation 35 of these regulations, all
launches and motor boats shall be licensed in the manner directed by these
regulations, and no person Shall have or use any unlicensed launch or motor
boat.
As amended by G. Ns. Nos. 35 of 1913, 460 of 1914, 141 of 1917, 381 of 1918,
362 of 1921, 447 of 1922, 171 of 1923, and Law Rov. Ord., 1924.
2. The owner of any launch or inotor boat, before obtaining a licence,
shaH cause his launch or motor boat to he surveyed by the government
Marine Surveyor.
3. The emdkate of die Government Maxine Surveyor shall contain
statements of the following particulars :-
(a) that the bull, lenght , breadth ,depth gross/net
tous, is sufficient for the service intended., and is in good condition :
(b) the number of passugers which the vessel is fit to carry according to
the following scale :-
(i) for vessels plying iwthin the harbour limits or between any ports
or places in the island of hongkong, provided that the western
entrance to the barbour is used both in going and coming, at the
rate of 7 superficial feet of the upper or weather deck and of the
deck immediately below the upper deck for each passenger and
member of the crew.
9ii) for vessels plying to places within the local trade limitd, or
iwthin the sheltered and partially sheltered waters of mirs bay,
castle peak, or deep bay, at the rate of 10 superficial feet of
the upper or weather deck and of the deck immediately below
the upper deck for each pasenger and member of the crew; and
(iii) for vessels plying to places outside the local trade limites at the
rate of 2 passengers for every 3 tons of the vessel's tonnage.
(c) that the master possesses a local certificate of competency from the
harbour master.
(d) that there is provision on board for the shelter of deck passengers,
harbour master.
9e) that the vessel, if carrying passengers outside the harbour limits, has
at least one boat in such a position as to be readily towered into the water,
and in addition approved buoyant apparatus or approved life-belts, and
persons carried on board, but so that at least 4 approved life-buoys shall be
carried at any time;
(f) that the vessel is properly fitted with bow and mast-head lights and
also a riding light, in accordance with section 37(16) of the merchang ship-
ping ordinance, 1899.
(g) that the vessel is properly found with auchors and claims;
(h) that the crew is sufficient for the requirements of the vessel;
(i) the time for which the said hull and equipment will be sufficient;
(j) that the machinery and boiler of the vessel are sufficient for the service
intended, and in good condition, and that the safety valve is so constructed
as to be out of the control of the engineer when the steam is up, and is not
loaded beyond the pressure permitted by the surveyor's certificate;
(k) the time for which such boiler and machinery will be sufficient ; and
(l) that the engineer of the vessel possesses a local certificate of
competency from the Harbour Master.
in the case of motor boats the following shall. he substituted for (j), (h)
and (1) :-
(m) that the machinery of the vessel is sufficient. for the service intended
and is in good condition ;
(n) the time for which such machinery will he sufficient ; and
(o) that the engineer of the vessel possesses a local certificate of
competency as motor engineer from the Harbour Master or such otber
certificate as may be recognised by him.
4. A fee of $15 shall be paid for each certificate.
5. On the receipt of the certificate, the Harbour Master will cause a
licence to be issued to the owner empowering the vessel therein described
to ply as therei*n mentioned for a period not exceeding 12 months : Provided
that no such licence shall be granted unless the intended licensee enters into
a bond, in the form provided in Appendix B of this Table, together with
one or more sureties resident in the Colony and approved of by the harbour
Master, conditioned in a suin not exceeding 1,500 dollars for the observance
of the conditions of such licence.
6. The licence shall be in the form of Appendix A of this Table.
7. Such licence shall at all times, except where otherwise provided by
law, be kept on board the vessel for which it is issued, and shall he
produced on demand to any harbour or police or revenue officer.
8. No launch or motor boat shall, subject to the provisions of regulation
34 of these regulations, be under way without a master and engineer each
holding a local certificate of competency from the Harbour Master as
provided by regulation 16 of these regulations.
9. No person shall use any licence, clearance permit, or other document
granted under the provisions of section 37 of the Merchant Shipping
Ordinance, 1899, in respect of any launch or motor boat other than the one
therein mentioned.
10. Every vessel licensed under these regulations shall have the name
thereof in English and Chinese legibly painted on the stern and on each
bow together with the number of passengers which may lawfully be carried
under the conditions of the licence.
11. Every such vessel shall be kept in a proper state of cleanliness and
repair.
12. -(a) The fees to be paid for licences shall be according to the
following scale
For vessels licensed toFor vessels licensed to ply to and
ply only within the from and between any places in
harbour limits. the waters of the Colony.
Vessels under 10 tons ......$10.................. $20 per annuin.
10 tons to 20 tons ..................... 20 .................. 30
20 30 , .................30 .................. 40
30 40 .................40 .................. 50
40 50 .................50 .................. 60
50 60 .................60 .................. 70
(b) The above scale is for 12 months.
(c) For 6 months six-twelfths of the fee will be charged, for 9 months
nine-twelfths, and so on at the rate of one-twelfth for each month. But no
fee is to be less in amount than three-twelfths.
13. The following is the maximum scale of hire for launches and motor
boats within local trade limits :-
1st class :-Vessels of 40 tons and upwards not exceed-
ing 60 tons---
For first hour ............$6
Each subsequent hour ......5
2nd class : Vessels of 20 tons and upwards being less
than 40 tons---
For first hour .............5
Each subsequent hour .......4
- 3rd class :--Vessels of less than 20 tons---
For first hour .............4
Each subsequent hour .......3
14. If the space measured for passenger accommodation is at; any time
occupied by cargo or passengers luggage then one passenger is to be
deducted for every 7 superficial feet of space so occupied.
15. No dangerous goods as defined by the Dangerous Goods Ordinance,
1873, in whatever quantity shall be carried at the same time as
passengers.
16. The Harbour Master may issue a local certificate of competency as
master or engineer of launches or motor boats. A fee of $2.50 for the
examination of any person for such certificate shall be payable to the
Harbour Master at the time of the examination, and such master or engineer
shall, if he obtains a certificate, produce three copies of a photograph of
himself, one to be attached to his local certificate of competency, one to be
attached to the licence of any vessel to which he ma belong or hereafter
belong, and one for record in the Harbour Office ; and when a master or
engineer is transferred from one launch or motor boat to another he shall
produce a photograph of himself to be attached to the licence of the vessel
to which he is to be transferred.
17. The examination for local certificate,; of competency for engineers of
motor boats (to be styled motor engineers) shall. be limited to the knowledere
and management of the engines of inotor boats. The several types of
motors in the management of which each such engineer has qualified shall
be noted in his certificate.
18. If, at any time subsequent to the granting of it local certificate of
competency, it shall appear to the Harbour Master that the photograph
attached thereto fails to represent the holder accurately, he may Call upon
the said holder to produce three copies of it photograph which shall
accurately represent him for use as provided in regulation 16 of these
regulations.
19. If an master or engineer qualified as such according to these
regulations shall at any time be unemployed for kitty period exceeding two
years as shown by die record book, he shall be re-extunined before engage-
ment for duty in such a capacity in it a launch or motor boat without a fee
unless a new certificate is required.
20. The master of every launch or motor boat shall within 18 hours
after arrival at any port of the Colony report such arrival at the Harbour
-Master's office or at the nearest Harbour Master's station and shall deposit
the licence anti shall. furnish the particulars required for entry in the Record
of Voyages, and the said particulars shall thereupon be entered in the
licence and in a register to be kept for the purpose.
21. The master of every launch or motor boat about to leave any Port
of the Colony shall either at, the Harbour Master's office or at the nearest
harbour master's station give notice of such intended departure and shall
furnish the particulars required for entry in the Record of Voyages and the
snid particulars shall thereupon be entered in the licence and the licence
shall be returned to the master : Provided always that in case the said
launch or motor boat does not leave the said port within 24 hoars after the
return of the licence the master shall report either at the Harbour master's
office or at the nearest Harbour Master's station and shall re-deposit the
licence if required to do so.
22. No launch ot, motor boat shall leave arty port between 6 p.m. aud
6 a.m. from October to March inclusive, or between 7 p.m. and 5 .a.m. from
April to September inclusive, without a night clearance for which it fee of
one dollar shall bp paid.
23. Regulations 20, 21 and 22 of these regulation., shall not apply in
the case of any launch or motor boat on occasions, when it is used solely for
purposes of pleasure.
24. The Harbour Master may on payment of a fee of 25 cents grant to
any master of a launch or motor boat a special permit which shall be
srifficient warrant or authority for the doing of any act mentioned in such
permit.
25. No master of a launch or motor boat shall knowingly give untrue
particulars to the Harbour Master or to the Government Marine Surveyor
or to any officer deputed by them to obtain such particulars'
26. The owner of every launch and inotor boat shall have such launch
or motor boat surveyed by the Government Marine Surveyor yearly or
half-yearly, as he may in each case direct, and the requirements of such
surveyor shall be complied with, and thereupon a, certificate to that effect
shall be given by such surveyor to the owner on payinent of a fee of $l0
in respect of ench survey, and such certificate shall then be produced to the
Harbour Master withont undue delay.
0-7. No owner, master, or person inchargeof any launch or motor boat
shall use the same before obtaining such certificate of survey.
28. Every owner of any launch or motor boat, shall report to the
Harbour Master the name of, and the number oF the certificate held by,
every master and engineer engaged by him for such launch or motor boat
within 48 hours of such enagement.
29. Every owner of any launch or motor boat shall report to the
Harbour Master the nnine of, and the number of the certificate beld by.
every master and engineer of such launch or motor boat discharged by him.
giving the reason for such discharge, within 48 hours of such discharge.
30. Every master and engineer of any launch or motor boat holding a
certificate shall, on engagement produce such certificate to the Harbour
Master for registration and shall pay for such registration a fee of 50
cents.
31. Every master and engineer of any launch or motor boat shall, on
discharge, report such discharge to the harbour Master within 48 of
such discharge, and shall produce his certificate.
32. A record shall be kept in the harbour Master's office, setting forth
the dates of engagement and discharge of all certificated masters and
enaineers of launches or motor boats, the reason for their discharge, and all
complaints and charges against, them, and ally punishments awarded in
respect thereoF by the marine or other magistrate, or fly the harbour
Master.Such record. shall be open to inspection by owners of launches or
motor boats or their representatives.
33. The certificates of competency or masters and engineers of launches
or motor boats, while under way in the, waters of the Colony, shall be kept,
on board the vessel, ready to be prodneed for inspection by the harbour
Master or his deputy, or by any officer of police.
34. It shall be lawful for the Harbour Master in such special cases, as he
may think fit to issue a permit to any motel, boat carrying a certificated
motor engineer, who also holds a master's certificate under these regulations,
to be under way in the waters of the Colony in charge of such engineer
only. Such permit shall be in writing and shall be signed by the harbour
master and shall be subject to the conditions therein contained.
35. Regulations 1 to 7, 9 to 15, 20 to 23, 25 to 27 and 36 to 38
of these regulations shall not apply to any motor boat which is used solely
for purposes of pleasure.
36. No person shall gamble ou any launch or motor boat used as a
ferry.
37. The master of any launch or motor boat used as a ferry shall not,
permit any gambling on such launch or motor boat.
38. The master of every launch or motor boat , when conveying
passengers shall be responsible that such launch or motor boat is carefully
steered and travels with reasonable expedition and shall permit any
passenger travelling on such latinch or motor boat not being a ferry to
disembark at any place where such passenger can lawfully disembark with-
out risk, when requested by such passenger to do so.
39. During the months of May to October inclusive, no launch or
motor boat shall he or anchor in Repulse Bay north of a straight line from
the east point of the island west of the Repulse Bay bathing beach and
known as Tuncr Po Chau Island to the red bnoy inoored off the foreshore
of Repulse bay. This regulation shall not prevent launches and motor
boats approaching the shore for the purpose of embarking or disembarking
passengers as expeditiously as possible.
Appendix A. [Regulation 6.]
FORK OF LICENCE BOOK.
Bach of cover.
Audit No ............
Hongkong Glovernment.
Launch Licence Book.
Motor boat
Licence to ply* to and from and between any places in the waters of the
Colony*.
Name of launch ...........
Licence No ..........................................
Aside cover.
This licence has been granted under Section 37 of the Merchant
Shipping Ordinance, 1899, ind the reaulations contained in Table E in the
Schedule to the said Ordinance to
in respect of the Launch........... Which is
motor boat
hereby authorised to ply* to and from and between any pInces in the
waters of the Colony* subject to the provisions of the said Ordinance wid
of any regulations made thereunder.
extract from conditions of licence.
1. If any licensed launch or motor boat carries more persons than may
lawfully be carried under the conditions of the licence, the owner and
master shall be liable to a fine not exceeding, five hundred dollars and
to imprisonment for any term not exceeding three months.
2. No launch or motor boat shall be under way without a master and
engineer each holding a local certificate of cornpetency from the Harbour
master.
3. If any person places on the safety valve of any licensed launch any
greater pressure than is allowed under the conditions of the licence, he
shall be liable to a fine not exceeding five hundred dollars and to imprison-
ment for an term not exceeding, three months.
4. Every launch and motor boat, shall comply as to lights and in all
other respeets with the International Collision
5. Every vessel licensed under these regulations shall have the name
thereof in English and Chinese legibly painted on the stern and on each
bow, together with the number of passengers allowed by the licence.
6. The licence shall at all times except syliere otherwise provived by
law be kept on board the vessel for which it is issned, and shall be
produced on demand to any harbour or police or revenue officer.
7. No master of a launch or motor boat shall knowingly give untrue
particulars to the Harbour Master or the Government Marine Surveyor
or to any officer deputed by them to obtain such particulars,
Sheet 3.
Licence No ......................
the merchant shipping ordinance, 1899, Section 37.
Name of launch/motor boat ....................................
Feet. Inches.
Length .............................................................
...............Gross Tonnage
Breadth .........Capacity
..................Net Tonnage
Depth ..............................................................
Name of owner ...................................................
Address ............................................................
Name cf master .................................................
Address ...........................................................
Name of enginee....................................
Address ............................................................
Number of persons licensed to carry-
Within the harbour limits
or between ports in the persons.
Island of hongkong
Within the local trade persons. crew.
limits.
Outside the local trade persons.
limits.
Pressure allowed on safety valve .........lbs
Date ........19
.....Received Fee of $1.
Shroff
Harbour, master &c
Sheet 5.
changes of owner, master, or engineer, and other leading events in the
history of the launch/motor boat.
Sheet 9.
RECORD OF VOYAGES.
Name of station
From Date arrived 19
Carao. Persons.
From Date departed 19
Cargo.
Ligth Dues Receipt No ...of
customs Station visited ..........date
Appendix B. [Regulation 5.]
LAUNCHES AND MOTOR BOATS.
THE MERCHANT SHIPPING, ORDINANCE, 1899.
Know all men by these presents that we ..........................................
residing, at .....................(Licensee)
...................................
residing at .....................(Surety) and
...................................
residing at ......................(Surety)
are held and firmly bound unto our Sovereign Lord King, George V, by the
are held
Grace of God of the United Kingdom of Great Britain and Ireland and of
the British Dominions beyond the seas, Kin., Defender of the Faith,
Emperor of India, in the sum of dollars .............................................
Hongkong C Jurrency to be paid to out. said Sovereign Lord the King and
His successors, for which payment, well and truly to bc made, we jointly
and severally bind wirselves and each and every of its and out, respective
heirs. executors and administrators firmly by these presents.
Sealed with our seals and dated this day of 19
Whereas by regulations made rinder section 37 of the Merchant Shipping
Ordinance, 1899, it is enacted tbat it, shall be lawful for the Ilarboull
Master to grant to the owner of any launch or motor boat, a licence
authorising such launch or motor boat to ply and carry passengers, to,
from or between any places in the waters of the Colony during such
period and subject to such conditions as are named in the licence, and
to such regulations as are for the time being in force under that
section provided that, no such licence shall be granted unless the intended
licensee shall enter into a hond together with one or more sureties
resident in the Colony, and to be approved of by the Harbour Master
conditioned in any sum not exceeding one thousand five hundred dollars
for the observance of the conditions of such licence, and Whereas the said
Harbour Master has on the application of the above-named .....................
consented to grant such licence as aforesaid to the said in
respect of the launch/motor boat, hereinafter mentioned. Now the con-
dition of this obligation is such that if the said all
all persons at any time employed in or about the said launch/motor boat
or being on board thereof shall well and truly observe and perform
all and singular the condition; indorsed upon or contained in the said
licence granted or intended to be granted as aforesaid to him the said
....................... in respect of flie lautich/inotor boat called the
....................... (which said licence is jitimbered ot. intended
to be numbered .........) and all tile regulations relating to such
being in force under the said section and all other laws, ordinances and
reaulations relating to such launch/motor boat, then this obligation is to he
void, otherwise to remain in full force and effect,
Signed sealed and delivered
by the above bounden ............
(Licensec)
...................... .............................................
................
(Surety)
in the presence of ...............
.................
Table F. 38.]
SCALE OF MEASUREMENT FOR PASSENGERS FOR
RIVER STEAMERS.
1. On lower deck, one passenger for each superficial feet.
2. On upper deck and in eabins, one passenger for each 9 superficial
feet.
3. the above scale to be further regulated by the surveyor's judgment
as to whether or not the vessel possessed sufficient stability for that number
of passengers.
4. A sufficient number of life-boats, rafts and life-buoys, approved by
the Government Marine Surveyor, to be supplied.
5. Passengers are not to be carried on more than two decks.
6. On the lower deck, one passsenger to be, deducted for each 6 square
feet occupied by cattle or cargo, and on the upper deck, one passenger to be
deducted for each 9 square feet occupied by cattle or cargo.
Table G. [s. 19 (18).]
REGULATIONS FOR FORMAL INVESTIGATIONS INTO CASUALTIES OR
INQUIRIES INTO MISCONDUCT OR INCOMPETENCY
ON THE PART OF OFFIChRS.
1. The forms in the Appendix to this Table shall be used as far is
possible with such alterations as circumstances may require bilt, no deviation
from the prescribed forms shall invalidate the proceedings unless the court
shall be of opinion that the deviation was material.
2. When in investigation has been ordered under section 19 of the
merchant shipping Ordinance, 1899, the magistrate appointed to the court,
shall cause a notice in Forin No. 1 in the Appendix to this Table to 150
served on the master and officers of the ship, and on any other person who
in his opinion ought to bc served with such notice.
3. A summons to a witmess shall be in Form No. 2 in the Appendix to
this table.
4. If any person upon wbom a notice of investigation has been Served
fails to attend as notified, the court may proceed to hear and adjudicate
upon the case in his absence.
5. Any person who shows that he has an interest in the investigation
shall have a right to appear and he heard, and any other person may appear
and be heard by leave of the court.
6. The proceedings at the investicration into a casualty shall commence
with the examination of the master, officers, and any other person whether
on board the ship or not at the happening of the casualty, who can give
material evidence in regard thereto.
7. The proceedings at an inquiry into any charge of misconduct or
incompetency shall commence with the examination of the several witnesses
who speak to the charges and the conduct of the person charcred ; after
they have been cross-examined by the person charged, re-examined by the
prosecutor and examined by the court, the person charged may call his own
witnesses who may be examined, cross-examined, and re-examined in a
similar manner. ff the person changed has not already given evidence, he
is then to be allowed an opportunity of offering any explanation. which
may be either verbal or in writing.
8. The certificate of the master or of any officer shall not be. cancelled
unless the master or officer has had an opportunity of making a defence,
and for that purpose he may produce any witnesses whom he may -wish to
examine.
9. The presiding member of the court may adjourn the court from time to
time, and from place to place, its may be most convenient.
10. The judgment of the court shall be given at the end of the proceed-
As amended by G. N. -No. 121 of 1917 and Law Rev. Ord., 1924.
APPENDIX.
Form No. 1.
MARINE COURT.
notice of investigation
.To ..................master, mate, engineer, owner, &C.,
of ...................or belonging to the
ship ...............of
I hereby give you notice that the Governor has ordered an investigation
into the circumstances attending the
and that subjoined hereto is a copy of a report (or statement of the case)
upon which the said investigation has befn ordered. I further give you
notice to produce to the court (your Board of Trade or local certificate, the
log-books of the vessel, and) any (other) documents relevant to this case
which may be in your possession.
The court will be held at the Harbour Office at a.m. on
................ the ..............day of
............ 19
The members of the court will be:-
1 ................................................ (President)
2 ...................
3 ................. '
4.............................................................
5 ............................. '
Report or Statement of Case.
Dated at Hongkong this day of 19
magistrate and President qf the Court.
N.B.- if the person on whom this notice is served fails to attend as
notified the court may proceed to hear and adjudicate upon the case in his
absence.
Fonm No. 2.
Savanons to Witness,
To
of
Whereas a Marine Gotirt has been appointed to
and it appears that you are likely to be able to give material evidence to the
said court :
This is therefore to summon you to be and appear before the said Marine
Court on the day of 19, at a.m. , at the Harbour
Office to testify what you shall know concerning the matter.
Dated at Victoria, Hongkong, this day of 19
Magistrate and President of the Court.
Table E. [ss.10(12)(16),20(2) & 43(3)]
REGULATIONS FOR COURT OF SURVEY.
1. Where the Owner Or master of a ship, hereinafter called the appellant
desires to appeal to the Court of Survey he shall file aL the Harbour
Master's office notice in Form No. 1 in the Appendix to these regulations.
2. Immediately on the filing of the notice of appeal, the Hurbour Master
shall inform the Governor, and, if the ship is a foreign ship, the Harbour
master shall give notice to the consular officer for the state to which the
ship belongs, and such consular officer may nominate one person to act as a
member of the Court of Survey, whose name shall be submitted to the
Governor at the same time.
3. When the Governor has issued his Warrant constituting Lhe court, the
Person appointed to be the president of the court, hereinafter referred to as
the president, shall summon the court, in Form No. 2 in the Appendix to
these regulations.
4. If the survey has been made on the complaint of any person, herein-
after called the complainant, the president shall send to him notice of the
time and place appointed for the hearing.
5. Previons to the hearing, the Governor shall forward to the president,
to be produced as evidence at the hearing, all official copy of the report of
the surveyor.
6. The court shall, if practicable, be summoned to hear the appeal on a
day not later than fourteen days from the filing of the notice of appeal.
7. The Governor and the appellant shall be parties, to the proccedings.
8. Any Other person, may, by permission of the president or the court, be
made a party to the proceedings.
9. at the hearing, the person representing the Governor shall first Call
his witnesses, and, having done so, shall state in writing what order he
requires the court to make.
10. The complainant, if he has appeared, shall then call his witnesses
and having done so, shall state in writing what order he requires the court
to make.
11. The appellant shall then call his witnesses, and, having done so, shall
state in writing what order he requires the court to make.
12. After the appellant has examined and his witnesses, the person
representing the Governor and the complainant may, on cause shewn to
the satisfaction of the court, call further witnesses in reply.
As amended by Law Rev. Ord., 1924.
13. After all the witnesses have been examined, the court shall first
hear the appellant, then the complainant, (if any), and afterwards the
person representing the Governor.
14. The president may adjourn the court, from time to time and from
place to place, as may be most convenient.
16. The president shall deliver the decision of the court in writing;
and the same may hesent or delivered to the respective parties, and it
shall not beto hold court merely for 1he purpose of giving the
decision.
16. As. soon as possible after the court has corne to its decision, the
court shall issue for order for the release or detention (either finally or
on condition) of the vessel in Form No. 3 in the Appendix to these
regulations.
17. The president shall report to the Governor in Form No. 4 in the
Appendix to these regulations:.
18. The fees, a table whereof is in the Appendix to these regulations,
shall be demanded and taken in any proceedings before a Court of Survey.
APPENDIX.
Form No. 1.
-Notice of Appeal [Regulation 1]
in the matter of the ship
To the Harbour Master of hongkong.
take notice that I, [name and address] the master [or managing owner
of shares] of the ship of the port of
do appeal
(1) from the report of
appoint by the govenor to survey the said ship; or
(2) from a declaration given by
government marine surveyor [or from the refusal of
government marine surveyor, to give a declaration], under the provisions
of section 10(8) of the merchant shipping ordinance, 1899; or
(3) from the refusal of
the emigration officer, to give a certificate under the chinese passengers
act, 1855, or under the asiatice emigration ordinances, 1915, or
(4) from the refusal of the harbour master to give a clearance under
the merchant shipping ordinance, 1899,
the address at which all notices and documents may be served by post
or otherwise on me is
dated this day of 19
(to be signed by the appellant)
form no, 2 [regualtion 3]
summons to court
the court of survey for hongkong
in the matter of an appeal by
from the report of , the surveyor
appointed by the governor to survey the
[or as the case may be,]
in pursuance of the merchant shipping ordinance, 1899, I hereby
summon you to attend as
on this appeal, at a.m. on the day of 19
dated at victoris, hongkong, this this day of 19
magistrate and president of the court
I will attend as summoned.
(signature of person summoned)
form no. 3 [regulation 16]
order of court for release or detention of ship
the court of survey for hongkong
in the matter of an appeal by
from the report of the surveyor
appointed by the governor to survey the
[or as the case may be]
we do order
the said ship to be released [or detained finally or conditionally upon
]
given under our hands at victoria, hongkong, this day of
19
members of teh court of survey
form no. 4 [regulation 17]
report of members of court
the court of survey for hongkong
in the matter of an appeal by
from the report of the surveyor
appointed by the governor to survey the
[or as the case may be]
we do report that
having heard this appeal, we did order the said ship to be released [or
detained finally or conditionally upon ]
for the reasons set forth in the annexed statement
we are also of opinion that the costs of this appeal should be paid by
the appellant [or by the governor]; or [that all parties shall pay their
own costs]
dates this day of 19
members of the court of survey
TABLE OF FEES.
1 . On filing notice of appeal, for every 50 tons of the
gross registered tonnage of the ship . $5.00
2. On filing every affidavit ..1.00
3. On entering appearance ........5.00
4. On every subpoena ......... 1.00
5. On every statement of the order required to be
made by the court .............15.00
6. On the production and swearing of every witness.., 1.00
7. On every consent by the parties to refer the question
of costs, or of costs and damages, to the court, to
be paid by each party .........5.00
8. On every hearing, for each day, to be paid by each
party, the amount thereof to be at the discretion
of the members of the court, from 10.00 to $50.00
9. On every order whether for the release or detention
of the ship or for payment of costs, or costs and
damages, to be paid by the party taking out the
order .........................5.00
10. On every office copy of the judgment or report, or
oF notes of the evidence, or of any of the
proceedings in the appeal, per folio of 72 words,... 0.25
Table I. [ss. 5 (5) & 43 (3).]
FEES TO BE, CHARGED AT THE MERCANTILE MARINE OFFICE.
1. engagement or discharge of crews
In ships under 100 tons .....$ 5.00
100 to 400 tons ..............10.00
400 to 700 tons ..............13.00
700 to 1,000 to...............1,000 tons 20.00
and so on for ships of larger tonage adding for every 300 tons or part of
300 tons, 5 dollars.
2.-Engagement or discharge of seamen
Separately 80 cents each.
overtime fee, when engagentent or discharge takes place on board ships
From 8 a.m. to 9 a.m., and 5 p.m. to 6 p.m. ...... $5 per hour.
From 6 a.m. to 8 a.m., and 6 p.m. to 8 p.m., 10
Before 6 am. and after 8 p.m ...................... 20
Any portion of an hour shall count as one hour.
As amended by g.N. No. 383 of 1913.
Table J. [ss. 5 (6) & 4.3 (3).]
SUMS TO BE DEDUCTED FROM WAGES BY WAY OF PARTIAL REIMBURSEMENT
OF FEES PAID IN ACCORDANCE WITH TABLE I.
1. in respect of engagements and discharges of crews, upon each engage-
ment and each discharge-
from wages of any mate, purser, engineer, surgeon,
carpenter, or steward, 50 cents
all others, except apprentices, 40
2. in respect of engagements and discharges separately, upon each
engagement and each discharge-
from wages of any mate, purser, engineer, surgeon,
carpenter, or steward, 50 cents
all others, except apprentices, 40
table K
regulation for the government of licensed boarding-
houses for seamen
1. over the principal door of each house shall be fixed a board
containing in letters at least three inches in length, painted white on a
black ground, licensed boarding-house for (number of seamen, manila
men or leascars) and at eh foot thereof shall be inserted the name, in full,
of the keeper of the house, and no other writing, sign, painting or mark
shall be posted on teh premises.
2. the house shall be substantially built and kept in good repair, well
ventilated, and have a proper system of drainage, the drains not to be in
direct communication with the public sewers, but effectively disconnected and
trapped.
3. there shall be adequate kitchen accommodation with proper means
for the removal of smoke.
4. the space allotted to each boarder shall be, in the bedrooms, not less
that 400 cubic feet of space, and a notice shall be put up in each sleeping
room showing the number of persons the room is capable of accommodating
there shall also be provided a general room of sufficient size in which the
boarders may sit and mess.
5. a separate room is to be appropriated for the chest, hammocks, etc.,
of the boarders.
as amended by law rev. ord., 1924
6. Proper washing rooms, and adequate privy, urinal, and ash-bin
accommodation are to be provided ; the floors of the house and out-houses
are to be swept clean frequently during the day and thoroughly washed
every Saturday ; all inside walls and partitions are to be colourwashed
(13Ce in every six months, viz., on or about 1st January and 1st July.
7. All filth and refuse matter shall be regularly removed daily.
8. There shall be no communication hetween it boarding-house and the
joining houses.
9. No boarding master shall receive into his boarding-house buy seaman
who does not first produce his discharge from his last ship, duly counter
signed or stamped by the Harbour Master, or who does not produce the
larbour Master's written sanction for his admission into a boarding-house,
and no more boarders are to be lodged in the house than the number allowed
by the licence.
10. Every boarding master shall keep a book in which he shall enter the and
names of all boarders in his house on the day of their reception therein, and
he shall also enter in the same book an account of all moneys received
from boarders and all charges incureed by them, and if a boarder shall so
require he shall be furnished, every saturday night, with a memorandum
of the amount in which he is indebted to the boarding master or of the
amount belonging to him still in the hands of the boarding master.
11. Before a boarder is discharged, he shall, if he so requires, receive
from the boarding master a full and true statement of his account, for
board, lodging., and other expenses, and the boarder, if satistled its to the
correctness of the said statement, shall sign his name thereon in proof
thereof. The boarding master shall take his book to the Harbour Mitster
or his deputy for inspection every Monday at noon.
[12, rep. No. 16 of 1912.]
13. The boarding matster shall not allow any prostitute on the premises.
14. Boarding-houses shall be closed every night at 11 p.m.
15. No gambling shall be allowed in any boarding-house, and every
master shall do his utmost to prevent noisy conduct on the part, of the
boarders or others frequenting the house ; in the event of his not being
able to preserve order, he shall give intimation thereof to the nearest
constable or at it police station.
16. In the event of any boarder being sick, the master is immediately
to procure the assistance of a duly qualified medical practitioner and report
the case immediately to the Principal Civil Medical Officer, and the names
of sick men are to bc inserted in the column of remarks in the weekly list
17. The master of every boarding-house shall, every Monday inorning
send to the Government shipping Office a list copied from his book of
all the seamen boarding in his house on that day and of whose boarders who
have left during the previous week, showing how the latter have been
disposed of.
18. No boarding master shall discharge a boarderfrom his house without
the sanction of the Harbour Master, unless such boarder is provided ivith
,suitable employment.
19. Every boarding-house shall be open at all times for the inspection
of any justice of the peace or the Harbour Master or his deputy or of
any inspector of police, or any member of the Sanitary Board, as well as
for the of the Principal Civil Medical Officer.
20. A copy of these regulations shall be kept posted in a conspicuous
place in the general sitting room.
21. Any infraction of any of these regulations shall render the offender
liable to a fine of tiventy-five dollars, and for a second offence to deprivation
of his licence in addition.
22. Boarders are hereby inforined that the only fees for which they are
liable are a Government fee of forty cents for discharge and forty cents
for shipping, and one dollar for boarding-house fee which is to include the
commission for cashincr an advance note.
23. When seamen have signed fresh articles of agreennent no deductionss
other than those for debts legally due are to be made from their advances.
24. Seamen's clothing or bedding is not to be detained by way of security
for debt.
25. Any boarder dissatisfied with his account shall be at, liberty to Jay
the same before the Harbour Master who will decide if the charges are
reasonable or otherwise.
26. A boarding-house keeper shall ship only the men belonging to his
house. If, on any occasion, he has not enough boarders to cotmplete the
number required to ship, he may apply to any other boarding-house to
supply the deficiency, but the men so supplied are to be shipped by the
house in which they are boarding and not by the keeper who has the order
for the crew, and only one shipping fee shall be charged.
27. The weekly charge for board and lodging shall be
in boarding-houses for Europeans and Americans 88.00
in other boarding-houses, such amount as may be
approved by the Harbour Master.
Table K (A). [s.22(2)]
INFORMATION TO hE SUPPLIED ON ARRIVAL IN PORT.
Name of vessel and flag
Port of registry
Commanded by
registered tonnage
Nature and tonnage of cargo on board
Number of crew
Rig and horse power
number of guns
Name of owners
Port of departure and day of leaving original and last. port
consignees or agents,-messrs.
Passengers,- Cabin E. Deck
Chinese Men, Women, boys, girls.
Any infectious or contagious disease on board
at any port of depurture
Any births, deaths, or accidents on the voyage
Any explosives on board
Any mails on board
Any casualty on the voyage
Weather
Any derelicts, sunken wreeks, ice,, etc., passed during the Voyage
Port Regulations supplied
Table L. [s. 23 (1).]
QUARANTINE REDULAIONS
1. In these regulations,
(q) Health Officer means tbe Health Officer of the Port or any other
medical officer duly authorised to act for or assist him, or in change of any
place set apart for the detention and seclusion of persons actually suffering
from disease.
(b) vessel includes British and foreign ships of war, as well as all
other vessels.
(c) Port or place at, which any infectious or contagious disease, pre-
vailed means a port or place declared to be such by order of the Governor
in Council.
(d) Infectious or contagious disease means cholera, choleraie pre-
small-pox, typhus fever, yellow fever, plague, and any sneb other epidemic
disease its the Health Officer may consider to imperil the safety of the
passengers or crew.
(e) -Infected vessel means any vessel which has a case of any of the
above-mentioned diseases on board, or on Which any case of any such
diseases has occurred in the case of small-pox, within a period of 12 days
or in the case of cholera, yellow fever and plague, witbin a period of
7 days, previous to the date of arrival of the vessel in the waters of the Colony.
as amended by g. ns, nos. 137 of 1913 and 16 of 1914, and law rev. ord., 1924.
Suspected vessel means any vessel on which any case of any of
the above-mentioned diseases has occurred at the tilne of departure or during
the voyage, but on which no fresh case has occurred, in the case of small-pox,
within a period of 12 days, or in the ease of cholera, yellow fever and
plague, withing period of 7 days, previous to the date of arrival of the Vessel
in the waters of the Colony.
(g) Healtily vessel meana any vessel which, having come from a port
or place at which any infections or contagious disease prevailed, has bad no
death from and he case of any such disease on board while at such port or
place, or during the voyage therefrom, or on arrival.
(h) ', Observation ', means isolation of travellers or crew either on board
a ship or in a sanitary station before the obtain free pratique.
(i) Surveillance means that travellers are not isolated ; they receive
free pratique imniediately, but. the authorities of the several places whither
they are bound are informed of their coming and they are subject to medical
examination daily with a view to ascertaining their sate of health such
Passengers shall give their names and addresses to the health officer for
transmission to the Medical Officer of Health before wboin such passengers
as remain in the Colony appear for examination by arrangement.
2. Every infected, every suspected, and every hearlthy vessel on entering
the waters of the Colony shall fly and keep flying the Quaranlitic Flag,
and shall not communicate with the shore until granted pratique by
express written order of the health Officer, who shall board every suck
vessel and shall examine all the passengers and crew thereof : Provided
nevertheless, that any such vessel, which is on a voyage to any other place
and which has held no communication with the shore except as permitted
by these regulations, may with the written consent of the health Officer
proceed on such voyage or tranship the passengers for the purpose of com-
pleting such voyage.
3.--(] ) Every infected, every Suspected, and every healthy vessel shall,
unless previously granted pratique, proceed at, once to the Quarantine
anchorane and shall not remove therefrom, except from stress of
weather, until released by order of the Health Officer. No vessel which
is compelled to leave the Quarantine Anchorage from stress, of weather
shall communicate except by signals With the shore, or with any
other vessel and such vessel shall return to the Quarantine Anchorage
immediately such stress of weather has subsided : Provided that in case of
stress of weather involving probable netnal danger to the vessel, the vessel
may remove for a time, but shall be deemed nevertheless for all purposes
to be subject to all other regulations applicable to such vessels.
(2) No such vessel shall enter the harbour limits before 6 a.m. or after
6 p.m.
4. The master of every vessel shall remove his vessel to any part of the
quarantine anchorage, as and when required by the harbour master.
5. The master or other person having the control of any vessel shall give
to the Health Officer or Boarding Officer such information about the vessel
and the voyage and the health of the crew and passengers and otherwise
as the health Officer or Boarding Officer may require, and shall answer
truly and fully all the questions put to him by the health officer or board-
ing officer.
6.-(1) On the arrival of an infected vessel it the Quarantine anchorage,
the Health Officer shall medically examine all persons on board such vessel
and shall for the removal of any persons suffering from any of the
above-mentioned diseases to a hospital, and for the removal of any dead
bodies for burial The passengers and crew shall then be kept under
observation on board such vessel or shall be removed for observation bY
order of the health officer to an observation station be be appointed by
the governor in council, or shall be permitted to land, and be kept under
surveillance at their residences on shore, at the discretion of the health
officer; proveded that such observation or such surveillance shall in no case
extend for a longer period than 10 days in the case of small-pox, 5 days
in the case of chorlera and plague, and 6 days in the case of yellow fever,
from the date of arrival of the vessel in the waters of the colony.
the health officer shall then forthwith proceed with the disinfection of the
vessel and with the disinfection or destruction of such of the merchandise on
board and of the baggage and personal effects of the passengers and crew
as he may deem necessary, and the master of every such vessel shall comply
with any instructions that the health officer may give as to the disinfection
and pumping out of bilge water, the disinfection of drinking water tanks,
and the provision of a proper and adequate supply of fresh drinking water,
further in the case of small-pox, the passengers and crew shall be
vaceinated, before the vessel is granted partique, unless such passengers or
crew can produce evidenceo f successful vaccination to the satisfaction of
the health officer.
provided that any person certified by the health officer to be suffering
from any illness which such officer suspects may prove to be an infectious
or contagious disease may either be detained on board the vessel or may be
taken to som hospital or other place appointed for the purpose, and
detained there for a period not exceeding two days, in order that it may be
ascertained whether his illness is or is not infectious or contagious; and
that during such period the vessel may be treated as an infected vessel.
(2) on the arrival of a suspected vessel at the quarantine anchorage,
the health officer shall medically examine all persons on board such vessel,
the passengers and crew shall, if found to be free from any infection s or
contagious disease, be permitted to land, but shall be kept under surveillance
at their residences on shore for such period of time as the health officer
may deem necessary; provided that such surveillance shall in no case
extend for a longer period than 10 days in the case of small-pox, 5 days
in the case of cholera and plague, and 6 days in the case of yellow fever,
from the date of arrival of the vessel in the waters of the colony, the
health officer shall theu proceed with the disinfection of the vessel and
with the disinfection or destruction of such of the merchandise on board and
of the baggage and personal effects of the passengers and crew as he may
deem necessary; and hte master of every such vessel shall comply with
any instructions that the health officer may give as to the disinfection and
pumping out of bilge water, the disinfection of drinking water tanks, and
the provisions of a proper and adequate supply of fresh drinking water.
(3)a healthy vessel shall be visited and the passengers and crew
medically examined by the health officer, and if found to be free from any
infectious or contagious disease such vessel shall be admitted to free
pratique immediately on arrival, irrespective of the nature of her bill of
health, the master of every such vessel shall comply with any instruc-
tions that the health officer may give as to the disinfection and pumping
out of the bilge water, the disinfection of drinking water tanks, and the
provision of a proper and adequate supply of fresh drinking water. the
passenglers and crew may, moreover, at the discretion of the health officer
he kept under surveillance for a period of time not exceeding 10 days in the
case of small-pox, 5 days in the case of cholera and plagne, and 6 days in the
case of yellow fever, from the time of leaving the infected port.
7.-(1) If any vessel in the waters of the Colony is known to have any
case of any infectious or contagions, disease on board, or is a vessel which, in
the opinion of the Health Officer, ought, according to these regulations, to be
placed under observation, the health Officer shall order such vessel to the.
Quarantine Anchorage, and tbe master or Person in charge of such vessel
shall thereupon hoist the Quarantine Flag upon such vessel and remove such
vessel to the Quarantine. Anchorage, and all the regulations applicable to
infected vessels shall apply to such vessel.
(2) Should any vessel in the waters of the colony while being attended
by any private medical practitioner be found to have any infections discase
and board, such vessel shall at once be considered as an infected vessel
and come under these regulations. It, shall be the dirty of such private
medical practitioner to inform the master of the nature of the diseases and
notify the same in writing to the health Officer. All further action as
regards the patient, the member of the cresy, the passengers or the vessel
shall be under the direction of the health Officer. the master of such
vessel shall at once take such steps as are necessary to inform the health
Officer of the facts of the case and hoist the Quarantine Flag ; he shall not
Permit any further communication with the shore, hut wait for instructions
from the health Officer.
(3) in case of a vessel in the waters of the Colony not having a private
medical attendant and having any sickness on board, the nature of which
the master is unable to make out, he shall at once hoist. the call flag for
medical assistance (letter M in the international Code of Signals over the
Code Pennant), and take such other measures as may be necessary to inform
the Health Officer and wait for his decision.
8. in case of a vessel arriving in the waters of the ColollY having on
board the body of any person who has died from an infectious or contagious
disease, the body shall be disposed of in such manner is may be ordered by
the Health Officer ; and the master of the vessel shall carry out such order,
its the Health Officer may give him in relation to the disposal of the body.
9. No Person shall leave any infected or suspected vessel, or hold
communication except by signals from such vessel with the shore, or with
any vessel, or boat, or fake or send ary person or thing whatsoever out of
the vessel, until the express written permission of the health officer has
been communicated to the master or other person having the control of the
vessel, and such precautions as the Health Offiver may require have been
observed.
10. No person other than the health officer, or Persons in his bout, shall
approach within thirty yards of any infected or suspected vessel, or hold
any communication except by signals with. such vessel or with any person
on board thereof, or receive or take any person or thing whatsoever, directly
or indirectly, from the vessel or from any Person board thereof without
having first received the express written permission of the health Officer,
and observing such precautions as the Health Officer may require.
11. The Captain Superintendent of Police, and any officer whom he may
appoint for the purpose, may order any person leaving or coming from all
infected or suspected vessel, or taking, or sending any person or thing
whatsoever from any such vessel., to remain in, or return to, and to return
such persons or things to, stich vessel and may, by such necessary force as
the case requires, compel any person neglecting or refusing to observe such
order to obey the same.
12. Nothing in these regulations shall render liable to detention,
disinfection, or destruction any article being part of conveyed
under the authority of the postal adminisiration of any Government, or
shall prejudicially the delivery in due course of any such mail to the
Post, Office.
13. Where a vessel has Passengers on board who are in a filthy or
otherwise unwholesome condition, or is overcrowded with passengers,
emigrants or otherwise, the health officer may, if in his opinion it is
desirable with it view to checking the introduction of ally infectious or
contagions disease, and on his certifying to that etlect, order such vessel to
proceed to the Quarantine Anchorage or to such place as he may direct, and
may detain under observation or surveillance the passengers und CreW for
such period, not exceeding 10 days from the arrival of the vessel, as he may
direct ; and if the, vessel is also an infected olr a suspected vessel, the
measures prescribed in regulations 6(1) adn 6(2) of these regulations
respectively may also be enforced.
14. An costes and expenses charged or incurred by the Government, for
the medical attendance and maintenance of any Person, Whether on the ship's
articles not, who is relnoved to any hospital or place from any vessel,
under these regulations, for medical treatment or surveillance, or for the
burial of any person who may die on any vessel, or of any dead body found
on board any vessel, or for the cleansing and disinfection of any vessel or of
the merchandise on board , any vessel, or of any part of the vessel or of the
merchandise, including the hire of all necessary labour, boat, junks, hulks,
premises on shore. and disinfecting appliances, shall be paid to Government
on demand by the owners or agents of the vessel.
15. Where any breach of any of these regulations is committed, all the
persons assisting in any way in the commission of such breach and the
master or other person having the control, of any vessel or boat on board
of which such breach has been committed, or which has been on board
way engaged in the commission of such breach, shall be severally answerable
for such breach, and shall be deemed guilty of ihe same.
16. These regulations shall not in any way interfere with the internal
managerment of any of His Majesty's ships or of foreign ships of war, or
with their freedom to proceed to sea, whenever the officer in command may
deem such course requisite..
17.- (1) These regulations (with the exception of regulations 13 and 14)
shall not apply to any vessel which has on board surgeon or medical officer
who is entered on the articles of agreenient or any similar document, if after
entering the waters of the Colony the master of the vessel signs a certificate,
in form no. 1 in appendix A of this Table to the effect that there has
been no sickness of an infectious or contagious nature on board such vessel
within a period of twelve days previous to the date of arrival of the vessel
in the waters of the Colony, and if the surgeon or medical officer of the
vessel after entering the waters of the Colony signs a certificate, in Form
No. 2 in the said Appendix, to the same efrect, with the addition that he
has seen every person on board such vessel within the twelve hours
immediately preceding his signature thereto, in default, however, of either
of such certificates being signed, these regulations shall apply.
(2) Any master, and any surgeon or medical officer of any such vesel
Who signs any such certificate as aforesaid containing any false statement,'
and any person who signs any such certificate as master or as surgeon or
medical officer of the vessel when not duly entered on such articles or
document as aforesaid, shall be deemed to be quilty of a breach of these
regulations and may be proceeded against and punished accordingly.
18. The place knownn as the Government Observation Station shall he
set apart as a place for the detention and seclusion of persons, Whether
actually suffering from disease or not, arriving on board vessels subjected to
quarantine, and the owners or agents of infected vessels from which the
passengers or crew or any of them are removed to such Observation Station
by order of the health Officer under regulation 6 (1) of these regulations
shall Comply with the instructions contained in Appendix B of this Table.
Appendix A.
NO. 1.
Regulation 17 (1).
certificate by master or absence of infectious or contagious disease.
ss . ................................................
Hongkong.
I hereby certify that there has been no sickness of an infectious or
contagious nature on board the SS within a period of twelve
days previous to the date of her arrival in the waters of the Colony of
hongkong
dated the day of 19, at o'clock m
................
master
ss.............
Form No. 2.
Regulation 17 (1).
Certificate by surgeon or medical officer of absence of infectious or con-
tagious disease.
hongkong
I hereby certify that, there has been no sickness of an infectious or con-
tagious nature on board the SS within a period of
twelve days previous to the date of her arrival in the waters of the Colony
of hongkong : and I further certify that I have seen every person on
board Within the twelve hours immediately preceding my signature hereto.
Dated the day of 19 at o'clock m
(Signed.) .............
Surgeon (or Medical Officer).
.SS .
Appendix B.
INSTRUCTIONS FOR OWNERS OR AGENTS OF INFECTED VESSELS FROM
WHICII THE PASSENGERS (R CIMW OR ANY OF THEM ARE
REMOVED TO AN OBSERVATION STATION BY ORDER OF
THE, HEALTH OFFICER UNDER REGULATION 6 (1).
1. If the health Officer shall order the passengers and crew, or any of
them, of all infected vessel to be kept under observation at all Observation
Station, the owners or agents of the said vessel shall provide -
(a) all necessary boats for the removal of such passengers and crew, or
any of them, to the Observation Station
(b) all food for such passengers and crew according, to the settle appended
to these instructions: and
(c) such quantity or numbers as the Health Officer may decin necessary-
(i) of lymph for the vaccination of the said passengers and crew, if the
vessel from which the said passengers and crew have been removed is
quarantined for small-pox;
(ii) of disinfectants, not exceeding the scale of disinfectants in the sixth
Schedule of the Asiatic Emigration Ordinance, 1915
(iii) of water daily for cleansing or drinking purposes ; and
(iv) of kerosine on for lighting purposes at the rate of one-third of a tin
daily for every five hundred passengers and crow.
2. lu addition the owners or agents aforesaid shall pay to the Govern-
ment such charges as the Health Officer, by certificate under his hand, may
certify to have been incurred by Government for medical comforts, for the
cleansing and disinfection of the vessel, or of the merchandise on board
thereof, from which the passengers and crew have been removed; and for
the burial of the bodies of any of the passengers or crew who may die in
the Station. They shall also refund to the Government the cost of
scavenging the Station at the rate of half-a-cent per head per day of the
passengers and crew.
1026 No. 10 of 1899 MERCHANT SHIPPING
Table M. [ss, 2.5 (4) & 33 (2).]
REGULAT1ONS FOR THE PROTECTION, MANAGEMENT AND
NAVIGATION OF THE WATERS OF THE COLONY, &C
(I)-FAIRWAYS
1. All direct approaches to anchorages in the waters of the Colony are
declared to be fairways.
2. There shall be two principal fairways through the harbour for the
passage of vessels of over 60 tons burden, and such fairways shall be named
as follows :-
the Southern and the Central Fairways.
3. the Southern Fairway commences off the Gas Works and terminates
at blake pier, the morthe side is bounded by a junk anchorage (1 in Table
S of the Schedule to the Merchant Shipping Ordinance 1899) and it line of
mooring buoys extending eastwards from the hongkong, Canton and Macao
Steamboat Company's Wharf. The south side is bounded by Vessels at the
Praya wah or the wharves extending therefrom.
4. The Central Fairway commences off the Gas Works, and is marked by
two buoys, painted. in red and white horizontal stripe, and Carrying white-
C
flash lights at night,, The Central Fairway is defined by two lines of
mooring buoys running in an E.S. Easterly direction.
5. Vessels of over sixty tons burden proceeding through a fairway shall
fly a pennant at the highest mast-head forward as follows:-
whilst in the Soutbern Fairway, a red pennant (F)
whilst in the Central Fairway, a white pennant, (C).
6. All vessels irrespective of size shall, whetlicr in a fairway or not,
observe the International Collision regulations, and no vessel whatever shall
anchor in any of the fairways.
7. All vessels exceeding sixty tons shall when under way, within the
harbour limits, proceed with due caution, and at it speed not exceeding
nine knots, unless circumstances render all increase necessary.
7A. Rafts of timber or logs, when afloat in the waters of the Colony
between sunset and sunrise, shall, whether moored or under way, exhihit a
white light, visible all round the horizon to it distance of not less than one
mile, at a height of not less than six feet above the water, it each end of
such raft or log og group of logs ; and, if such raft or log or group of logs
exceeds fifty feet in length, a further similar light, at the same height, in
the centre thereof.
(11) MAN-OF-WAR ANCHORAGES.
North side of the City of Victoria.
8. Western boundary.-A line drawn n.30 E. 2,680 feet from the.
Bench mark on the coping of the Praya wall in a line with the N.W.
corner of the City Hall building.
As amended bs G, Ns. Nos. 36 and 327 of 19 and Law Rev Ord., 1924.
northern boundary-from the northern extremity of the above line, a
line drawn n. 85 e. 4,100 feet.
eastern boundary-from the eastern extremity of the line forming the
northern boundary, a line drawn s. 15 w. 1,120 feet, thence a line drawn s.
85 w. 1,230 feet, and thence a line drawn s. 15 w. until it meets the
praya wall.
west side of the kowloon peninsula
9. southern boundary.-from the point where the northern side of the
north pier, hongkong and kowloon wharf and godown company's
premises joins the praya wall, a line drawn west 1,505 feet.
western boundary.-a line drawn n.8 w. 2,570 feet from the western
extremity of the sountern boundary.
northern boundary.-from the northern extremity of the western
boundary a line drawn east until it meets the praya wall,
nothing is to prevent ships proceeding to and from any wharves on the
west side of kowloon penunsula, provided such ships, if anchoring, give
swinging room to vessels at the admiralty buoys.
long harbour and hones cove
10. no ship, other than his majesty's ships, shall anchor in the bays
known as, and shown on the admiralty charts as long harbour and
jones cove in mirs bay.
11. junks and other native craft frequenting this portion of the waters
of the colony for fishing and other purposes, will be allowed to use the
same, subject to the orders and control of the harbour master or his
deputy.
note-the captain of any british man-of-war using the rifle range on
sam man shak penisula (sam man shek) shall, for the purpose of the
control of the traffic in the danger area, be a harbour master's deputy,
under section 2 of the merchant shipping ordinance, 1899.
foreign man-of-war anchorage
12. the foreign man-of-war anchorage is in kowloon bay to the
eastward ofthe hunghom peninsula and within the following limits:
on the west - the castern limit of the telegraph cable ground
on the south - a line drawn n. 81 e from blackhead's hill signed mast.
on the northe and east - the 5-fathom line of soundings.
13. all vessels are to be moored.
14. foreign ships of war shall not make any examination or survey of
the shores or waters of the colony, either from such ships or by means of
boats or otherwise.
Landing of foreign soldiers and sailors.
15. Foreign soldiers or sailors, if unarmed, amy be landed in the Colony
within the harbour limits, without, the prior consent of the Governor:
Provided that, when it is desired to land number of men exceeding one
hundred, notice must be given to the Colonial Secretary, in order that all
facilities of which local conditions may be given. Applicadons for
permission to land armed parties it) connexion with funerals or to take part
in public ceremonies of all exceptional nature must, he addressed to the
Governor throngh the Colonial secretary. no application is necessary in
the case of officers.
15A. No foreign soldiers or sailors shall be landed in the colony outside
the harbour limits from any Vessel without the Permission of the Governor,
for which application must be made by the senior officer in command of
the foreign ships or troops concerned.
(III)-QUARANTINE ANCHORAGE
16. western boundary.-a line drawn from the western extreme of
stonecutters island tot eh western extreme of green island.
southern boundary.-the mast of the royal observatory at kowloon
bearing s. 82 e commencing where it meets the western boundary and
terminating where it meets the eastern boundary.
eastern boundary.-a north and soucth line drawn form the southernmost
point of stonecutters island until it reaches the southern boundary.
(IV) DANGEROUS GOODS ANCHORAGES.
17. the dangerous goods anchorages shall mean the portions of the
harbour within the following limits:
the northern anchorage
northern boundary.-a line drawn from the southern side fo torpedo
depot platform touching and extending to teh eastward of laichikok point.
southern boundary.-a west line drawn from hankow rock buoy.
eastern boundary.-a north line drawn from the outlying rock on the
north-eastren side of stonecutters island intersecting with the northern
and southern boundaries.
western boundary.-a north line drawn from the northermost point of
stonecutters island intersecting with the northern and southern boundaries.
the southern anchorage.
south of a line joining the points of belchers bay.
the eastern anchorage.
northern boundary.- a continuation of the northern boundary of the
victoria man-of-war anchorage
eastern boundary.-western edge of the rtelegraph cable ground.
western boundary.-eastward of a north and south line drawn through
kellet island.
the western anchorage
northern boundary.-the southern limit of the quarantine anchorage,
viz:-the mast of the royal observatory at kowloon bearing e. by s.
southern boundary.-the mast of the royal observatory at kowloon
bearing east.
eastern boundary.-the southernmost point of stonecutters island bear-
ing north.
western boundary.-a line drawn from the west extreme of stonecutters
island to the west extreme of green island.
(v)-telegraph cable grounds.
18. the cable ground between the north point of hongkong and the
south-east point of kowloon peninsula is marked as follows:
the western limit by two white posts on the hongkong shore in line with
one white post and the chimney with white face of the pumping station at
no.1 dock on the kowloon shore.
the eastern limit by a white post and white obelisk on the hongkong
shore in fine with a white post and white obelisk on the kowloon shore.
by day the five white post and distinguished by their carrying a
red diamond shape. by night two of them on each shore display a red
light.
the lights are so screened that the eastermost lights do not show to
the eastward nor the westernmost lights to the westward.
19. the line of telegraph cable between taikoktsui and the eastern
shore of stonecutters island is marked as follows:
by a white post carrying a red diamond shape at each end on the shore.
20. no ship, junk or vessel of any description shall anchor either
within the limites of the said cable ground or within fifty yards on either side
of the said line of telegraph cable.
20A. fishing is prohibited within the telegraph cable reserve.
(VI)-steam-whistles and searchlights.
21. no steamship shall use a steam-whistle except for the purposes of
navigation as laid down in articles 15, 28 and 31 of the international
collision regulations, and except for the purpose of giving necessary
notice of approach towards any other vessel, when one prolonged blast of
from 4 to 6 seconds duration shall be sounded.
22. any infringement of regulation 21 of these regulations will subject
the master or owner of the offending ship to a fine not exceeding one
hundred dollars.
23. Any vessel approaching a defentled port in the Colony of Hongkong
when searchlights are being worked, and finding that they interfere with
safe navigation, may make sue of the following signals, either singly or
combined.
(a) by flashimr lamp, four. short. Rashes followed by one long flash.
(b) by whistle siren, or fog-horn, four short blasts followed by one
long blast.
Whenever possible, both flashing lamp signals and sound signals should
be used.
On these signals being made, the searchlights will be worked so as to
cause the least inconvenience, being either donsed, raised, or their direction
altered.
The signal should not be used without real necessity, as unless the vessel
is actually in the rays of the searchlight it is impossible to know which
searchligth is affected.
The signals are desianed to assist mariners and do not render the
Government liable in any way.
23A. No searchlight, shall, without the permission of the Harbour
Master, be used either within the Colony or the svaters of' the Colony except
by persons in the employment of the Government or by His Majessty's
naval or military forces.
Every person committing, or attempting to commit a breach of this
regulation and the master of any vessel on which a broach of this regulation
bas been committed shall be liable to a fine not exceeding two hundred
dollars, or to imprisonment not execeding six months.
(Vll)-DRUMS, GONGS AND FIREWORKS.
24. No person shall, on board any junk or other Chinese vessel or boat
without a permit from the Secretary for Chinese Affairs, beat any drum or
or gong, discharge, kindle, or let off any firework, to attempt to do do in
the waters of the Colony, between 10 p.m. and 6 a.m., nuder a penalty not
exceeding fifty dollars, or imprisonment for any term not exceeding six
weeks.
(VIII)-NAKED AND PORTABLE LIGHTS.
25. No naked or portable light shall be used by any person on board
any ship or other vessel in the waters of the Colony for any purpose, on
deck or below, except electric light or candles, or oil lanips burning
animal, vegetable, or such other oil as will not give off an inflammable
vapour at a temperature of less than 120 degrees Fahrenheit wben tested
in the manner set forth in the Schedules to the Case Oil, lind Bulk Oil,
Rules, made under section 6 of the Dangerous Goods Ordinance, 1873,
(No. 1 of 1873). And any person who is responsible for or is a party to a
breach of this regulation shall be liable to a fine not exceeding one
dollars.
Table N. [s. 26 (1) and (2).]
SPECIFICATION OF WHARVES, & C
1. The following are specified as wharves in respect of' which the.
provisions of section 26 (1)(f) the Merchant Shipping. Ordinance,
1899, shall apply, viz.:-
in victoria
Whitty Strect steps.
French Street Wharf.
Wilmer Street Steps.
Wing Lok Street Steps.
Cleverly Street Steps.
Pottinger Street Steps.
Blake Pier.
Temporary Pier, Telegraph 01fice Lane.
Alurray Pier.
Arsenal Street Wharf.
Arsenal Street Steps.
Ship Street Steps.
Observation Street wharf
Jardine Steps.
At Kowloon
Yaumati Police Station Wharf.
Tsim sha tsui wharf
2. The following. is declared to be a part of the colony in respect of
which the provisions of section 26 (2) (b) of the Merchant Shipping,
Ordinance, 1899, shall apply, viz. :-
The shore on the north side of the City of Victoria, from opposite
the Gas Works at Shek Tono. Tsui to opposite the calial at Bowrington,
and the shore at Kowloon from Blackhead's Point to the saw-mills at
mongkoktsui
Table O [s, 26 (3).]
REGULATIONS AS TO DISCHARGE OF CANNON, FIREARMS, OR FIRF5YORKS,
IN THE AVATERS OF THE COLONY.
The portions of the waters or the Colony within which it, is prohibited
to discharge cannon, firearms, ol, fireworks, as provided by section 26
(3) of the Merchant Shipping Ordinance, 1899, are as follows:-
(a) that portion having for its eastern boundary a line drawn across the
centre of the Lye mull Pass (Lei U Min), and for its western boundary a
line, drawn from the west end of hongkong to the west end of Green Island,
thenec in a straight line to the west end of Stonecutters island, continued
to tho mainland;
(15) that portion Iving within a line drawo from the west end of hongkong
to Waterfall Bay, thence to the south end of Taitam. Peninsula, conthwed
to Cape D'Aguilar and Cape Collinson, termiriating at the south-east corner
of the Lye Mun Pass (Lei U Min,):
Provided however that mail steamers may fire a gun if arriving, within
the above limits between 9 p.m. and 6 a.M.
As amended by G.Ns, nos. 198 of 1914 and 49 of 19 1,5, and Law rev. Ord., 1921,
As amended by law Rev. Ord., 1924,
Table O (A). [ss. 28(5) & 43(3).]
PRIVATE BUOYS AND MOORINGS.
1. A monthly rental of $5 shall be payable half-yearly in advance for
each buoy and the moorings thereof sanctioned by the Harbour Master,
No fees shall be chargeable on buoys and moorings used solely for warping
purposes, provided such buoys and moorings shall not, under any pretence
whatever, be used for any other purpose than warping.
2. All moorings and buoys shall be kept and maintained in good condi-
tion and in proper position by the owners thereof and at their own expense.
3. It shall be lawful for the Harbour Master to inspect and require
repairs if necessary to be effected to any buoys and moorings and to require
the same if necessary to be relaid and removed.
4. It shall be lawful for the owner of any buoy and moorings so
sanctioned as aforesaid to permit other vessels to make use of the same on
such terms as he may think fit.
Table P. [ss. 32(1) & 43(3).]
LIGHT OR OTHER DUES.
1. All ships which enter the waters of the Colony, except British and
foreign ships of war and all vessels of less than 20 tons, shall pay the
following dues, viz,:-
2 cents per ton.
2. Such dues shall be paid either at the time of entry or at the time of
clearance.
3. All river steamers which enter the waters of the Colony by day or by
night, shall pay five-sixths of a cent per ton.
Table Q. [s. 36(12).]
REGULATIONS FOR THE STORAGE OF GUNPOWDER AND EXPLOSIVES
IN THE GOVERNMENT GUNPOWDER DEPOT.
1. The officers and men belonging to the Government Gunpowder Depot,
hereafter in this Table referred to as the Depot, and to every vessel receiving
or discharging explosive out of or into the Depot, shall, unless cause is
shown to the satisfaction of the Harbour Master, be at the Depot and on
board such vessel.
2. During the time that explosives are being received or discharged, no
person shall, in the Depot or on board of any vessel receiving or discharg-
ing the same, or engaged in transhipment thereof, have or use any charconal
or other combustible matter or any fire or naked light.
3. During such time as aforesaid, no person shall smoke in the Depot
or on board of any vessel receiving or discharging explosives or engaged in
transhipment thereof, nor shall any person in the Depot or on board of
any such vessed be employed about any work other than and except the
receipt, discharge, or transhipment aforesaid.
4. The cargo of every vessel employed in the transhipment of ex-
plosives shall, on her arrival at the Depot, be immediately discharge by
the owners or consignees of such cargo and shall be then delivered
As amended by Law Rev. Ord., 1924.
into the Depot, and if the owner or consignee of such cargo fails in doing so,
it shall be lawful for the Harbour Master to have the same discharged and
delivered into the Depot at the expense of the said owner or consignee.
5. When explosive are being received into or charged out of the
Depot, thw owner or the consignee of the same shall attend at the Depot, or
shall send a responsible representative instead, and any question which may
arise as to the number or weight of case or kegs received at or delivered
out of the Depot shall be decided at the time by such owner or his
representative, and the officer in charge of the Depot, who shall if necessary
refer the same to the Harbour Master.
6. No person shall, without the consent in writing of the Harbour Master,
open any package in the Depot.
7. With reference to section 36(10) of the Merchant Shipping Ordinance,
1899, prohibiting the keeping of more than 20 lbs, of gunpowder on land, it
is hereby directed that such gunpowder shall not be kept in any package
other than one composed of zine, copper, or brass, and that the said package
shall be placed in a safe and convenient position beyond the reach of fire, or
accidents from lights, etc.
8. During the time any explosive are waterborne in the waters of the
Colony on board of any vessel, either for the purpose of, or in the course of,
carriage, landing, shipment, transhipment, or movement from one place to
another, or otherwise, they shall be protected either by being stowed under
matches, or by being covered with serviceable tarpanlins, and no fires or
maked lights shall be made or used on board any such vessel unless the said
explosives are stowed under hatches, and the said vessel shall display a re
flag, and, unless intending to leave the waters of the Colony, shall proceed
without delay or interruption or anchoring to the place for which the cargo
is destined.
Table R. [ss. 36(12) & 43(3).]
SCALE OF CHARGES FOR THE STORAGE OF GUNPOWDER AND SAFETY
CARTRIDGES IN THE GOVERNMENT DEPOTS.
Packages containing 25 lbs, and less of loose gunpowder, ... 7 cents
Packages containing 25 lbs, and less of gunpowder in tins, 10
Packages containing more than 25 lbs, and less than 50 lbs.
of loose gunpowder, .................................... 14
Packages containing more than 25 lbs, and less than 50 lbs.
of gunpowder in tins, .................................. 16
Packages containing 50 lbs, and less than 75 lbs. of loose } a month or fraction of a month.
gunpowder, ............................................. 20
Packages containing 50 lbs, and less than 75 lbs. of gun-
powder in tins, ........................................ 22
Packages containing 75 lbs, and less than 100 lbs. of loose
gunpowder, ............................................. 26
Packages containing 75 lbs, and less than 100 lbs. of gun-
powder in tins, ........................................ 28
As amended by G.N. No. 210 of 1913.
and so on, increasing by 6 cents per package for each 25 lbs, of gunpowder,
up to and in excess of 100 lbs, according as the gunpowder may be loose or
in tins.
Packages containing safety cartidages to be charged per 25 lbs. weight, 6
cents a month or fraction of a month. Packages of detonators 9 cents for
25 lbs, weight. Cases or boxes or percussion caps to be charged 6 cents
for 25 lbs. weight a month or fraction of a month.
The weight of the various packages will be determined at the time of
storing, and no alteration wil be allowed after they have been received into
the magazine.
The Government wil not be responsible for damage by explosion, or by
insufficient or improper packing; and, as wooden packages are liable to the
attacks of white ants, they should be tin-lined, and the lining should be
intact.
SCALE OF CHARGES FOR THE STORAGE OF OTHER EXPLOSIVES.
Nitro-glyeerine, or glonoine oil, gun cotton, fulminating mercury, dynamite,
lithofracteur, Horseley's patent blasting power, &c., &c.
Cases of the above containing 25 lbs. or less, ..... 16 cents
Cases containing more than 25 lbs. and less than a month or
50 lbs. ........................................ 28 fraction of
Cases containing 50 lbs. and less than 75 lbs., ... 40 a month.
Cases containing 75 lbs. and less than 100 lbs., ... 52
and so on, increasing by 12 cents per package for each 25 lbs, weight.
The weight of the various packages will be determined at the time of
storing, and no alteration will be allowed after they have been received into
the magazine.
The Government will not be responsible for damage by explosion, or by
insufficient or improper package; and as wooden packaages are liable to the
attacks of white ants, they should be tin-line, and the lining should be
intact.
Table S. [s. 39(2).]
ANCHORAGES FOR JUNKS.
I.-Victoria.
Northern boundary.-The south line of the Central Fairway.
Southern boundary.- An imaginary line 230 yards from and parallel to
the Praya Wall.
Eastern boundary.-An imaginary line in continuation of Leung Wing
Wharf (opposite Hillier Street).
Western boundary.-As far as the Harbour Master shall think fit.
II.-Harbour Master's stations.
As the Harbour Master may direct.
As amended by Law Rev. Ord., 1924.
Table T. [s.39 (1)(12).]
1.-TABLE OF FEES FOR JUNK LICENCES.
Trading Trading Fishing
licences. licences. licences.
One year. One voyage.
Under 100 piculs,........... $6.00 $1.00 Nil. (under 150 piculs).
From 100 to 200,....... 8.00 1.25 $4.00 (from 150 to 200
200 300,....... 10.00 1.50 5.00 picils).
300 400,....... 12.00 1.75 5.50
400 500,....... 14.00 2.00 6.00
500 600,....... 16.00 2.25 6.50
600 700,....... 18.00 2.50 7.00
700 800,....... 20.00 2.75 7.50
800 900,....... 22.00 3.00 8.00
900 1,000,....... 24.00 3.25 8.50
1,000 2,000,....... 26.00 3.50 9.00
2,000 3,000,....... 28,00 3.75 9.50
3,000 4,000,....... 30.00 4.00 10.00
4,000 5,000,....... 32.00 4.25 -
5,000 6,000,....... 34.00 4.50 -
6,000 7,000,....... 36.00 4.75 -
7,000 8,000,....... 38.00 5.00 -
8,000 9,000,....... 40.00 5.00 -
9,000 10,000,....... 42.00 5.00 -
Over 10,000 piculs,........... 44.00 5.00 -
In the case of trading junk licences the above fees include the annual
fee of $3 hitherto charged for specifal permits.
Speical permit for licensed fishing junks, 25 cents.
2.-FEES FOR PAINTING NUMBERS ON JUNKS AND OTHER VESSELS.
The painting and branding of numbers upon junks and other vessel, as
required by section 39(5), (6) and (7) of the Merchant Shipping Ordinance,
1899, shall be done to the satisfaction of the Harbour Master, and by
persons duly intructed int htat behalf by him. The scale of fees for such
painting shall be as follows:-
for trading junks and fishing junks under 100 piculs,............30 cents.
do., do., of 100 piculs and above,............50
for all vessels in classes I, II, III and IV of Table U,.........25
As amended by G.N.No. 202 of 1913 and Law Rev. Ord., 1924.
3. -FORM OF SPECIAL PERMIT.
_________________________________________________________________________
Audit No. Date ............ Audit No. Date .............
Special permission is hereby
Junk No. Junk No.
Special per to { ------------- granted to {------------------
Boat No. Boat No.
for .......................... for ...............................
.............................. ...................................
Fee, 25 cents. Fee, 25 cents.
Recived. Received.
Shroff. for Harbour Master. Shroff. for Harbour Master.
__________________________________________________________________________
4.-FORMS OR LICENCE BOOKS.
Class A. -For Trading or Fishing Junks.
(Cover)
Hongkong Government.
Trading
------- } Junk Licence Book
Fishing
No.............
(Back of cover)
Government of Hongkong.
.......Junk Licence No.......
(Insider of cover)
Conditions.
1. This licence must be deposited at the Harbour Master's office, or at
one of the Harbour Master's stations, on each occasion upon which the
junk to which it is issued arrives at or in the vicinity of such office or
station, and the master of such junk shall thereupon give such information
as to his late voyage, the cargo and passengers carried, and the arms, etc.,
on board as may be demanded of him. This licence will be returned to
him, on clearance, after similar information from him has been given as to
his projected voyage.
2. No junk shall leave the waters of this Colony or be under way within
those waters (except by reason of stress of weather) without having the
licence on board.
3. This licence is to be produced, on demand, to every harbour or police
on revenue officer in the waters of the Colony.
4. This licence is not transferable. It is valid only for the junk to
which it is issued, and to such junk only for so ong as such junk remains
the property of the owner named therein.
5. In the event of a change of ownership, or should the junk on which
this licence is issued be lost or broken up, this book, if available, must be
returned at once to the Harbour Master's office, or to the nearest Harbour
Master's station.
6. A change of masteris to be reported at once, and the licence indorsed
accordingly.
7. In addition to the licence fee, a fee of $1 will be charged for each
licence book issued to any junk. When it has all its pages filled a new
licence book wil be substituted. Should this book be lost, damaged, or
destroyed, a new licence book will be issued on payment of a fee of $10.
8. The crew of the junk to which this licence is issued are to use their
utmost endeavour to save lif.
9. The junk shall not carry stink-pots.
10. This licence is valid for a period of...........months only from the date
of issue thereof.
Harbour Master.
(Sheet 1)
No. of licence, .................................................
Name of junk,....................................................
Name of owner,......................Length,......................
Residence of owner,.................Breadth,.....................
Name of master,.....................Capacity,.............piculs.
Agent in Hongkong,..................of...........................
Over 15, ....... Over 15,.......
Crew: Males,{ Females,{
Under 15, ...... Under 15,......
Armament.
Cannons, ........No............ Muskets, .........No............
Shot, ...........lbs. ......... Bullets, .........No............
Rifles, .........No............ Revolvers, .......No............
Cartridges for, .No............ Cartridges for, ..No............
Gunpowder, ......lbs. ......... Percussion caps, .Boxes, .......
Gingalls, .......No............ Blunderbusses, ...No............
Swords, .........No............ Pikes, ...........No............
Spears, .........No............ Shields, .........No............
Rockets, ........No............ Blue lights, .....No............
Received fee of $1 for Licence Book.
Shroff.
Date of issue............19
Harbour Master.
For attachment of
receipt for licence
fee.
(Sheet 2)
Number branded on .............date 19 .
Number painted on bows and stern ,, 19 .
Number repainted ............... ,, 19 .
Alterations in armament.
(Date and authority to be inserted on each occasion.)
(Sheet 3)
Changes of master, or owner, and other leading events in history of junks.
(Sheet 4)
For Trading Junks.
Name of station Date of arrival 19 .
From Cargo
To Date of departure 19 .
Cargo
_______
Fee paid $ Signature
_______
(Sheet 4)
For Fishing Junks.
Name of station ..........................................
Date .....................................................
Signature.
Class B.-For Passenger Boats.
(Cover)
Hongkong Government.
........
} Boat Licence.
........
No. ............................
(Back of cover)
Government of Hongkong.
.............Licence No.............
(Insider of cover)
Conditions.
1. This licence must be kept on board.
2. This licence is to be produced, on demand, to every harbour or police
or revenue office in the waters of the Colony.
3. This licence is valid only for the passenger boat to which it is issued.
4. In the event of change of ownerships, or the passenger boat to which
this licence is issued being lost or broken up, this book, if available, must
be returned at once to the Harbour Master's office, or to the nearest
Harbour Master's station.
5. Every change to master must be reported at once and the licence
indorsed accordingly.
6. This passenger boat is allowed to carry...........persons including
the crew.
7. This passenger boat is not allowed to carry cargo, except the personal
luggage of passengers.
8. In addition to the licence fee, a fee of $1 will be charged for each
licence book issued. Should this book be lost, damaged, or destroyed, a
new licence book will be issued, on payment of a fee of $10.
9. The crew of this passenger boat are to use their utmost endeavour to
save life.
10. This licence is valid for a period of ............ months only from
the date of issue thereof.
(Sheet 1)
No. of licence, ..................................................
Name of...................boat (if any), .........................
Name of owner, ...................................................
Residence of owner, ..............................................
Name of master, ..................................................
Residence of master, .............................................
Length, .....................
Breadth, ....................
Capacity, ...................piculs.
Over 15,.............. Over 15,.......
Crew: Males, { Females, ....{
Under 15,............. Under 15,......
Received Fee of $1 for Licence Book.
Shroff.
Date of issue,...................19 .
for Harbour Master.
(Sheet 2)
For attachment of
receipt for licence fee.
(Sheet 3)
For record of changes and events.
Class C.-For Lighters and Cargo Boats.
(Cover)
Hongkong Government.
(Back of cover)
Government of Hongkong.
............Licence No............
(Inside of cover)
Conditions.
1. This licence must be kept on board.
2. This licence is to be produced, on demand, to evey harbour or
police or revenue officer in the waters of the Colony.
3. This licence is valid only for the ........................to
which it is issued.
4. In the event of any change of ownership, or should the.......
boat to which this is issued be lost or broken up, this book, if available,
must be returned at once to the Harbour Master's office or to the nearest
Harbour Master's station.
5. Change of master must be reported at once and the licence indorsed
accordingly.
6. This............................is allowed to carry no passengers,
except such persons as may be in charge of the cargo or are required for
loading or unloading the cargo on board.
7. In addition to the licence fee, a fee of $1 will be charged for each
licence book issued, Should this book be lost, damaged, or distroyed,
a new licence book will be issued, on payment of a fee of $10.
8. The crew of this..........................are to use their utmost
endeavour to save life.
9. This licence is valid for a period of....................months
only from the date of issue thereof.
(Sheet 1)
No. of licence,................................
Name of.........boat (if any),.................
Name of owner,.................................
Residence of owner,............................
Name of master,................................
Residence of master,...........................
Length,.......................
Breadth,......................
Capacity,.....................piculs.
Over 15,...... Over 15,.......
Crew: Males, Females,{
Under 15,...... Under 15,......
Received Fee of $1 for Licence Book.
Shroff.
Date of issue.....................19 .
of Harbour Master.
(Sheet 2)
For attachment of
receipt for licence fee.
(Sheet 3)
For record of changes and events.
Class D.-For Hulks.
(Cover)
Hongkong Government.
(Back of cover)
Government of Hongkong.
Hulk Licence No..................
(Insider of cover)
Conditions.
1. This licence must be kept on board.
2. This licence is to be produced, on demand, to evey harbour or police
or revenue office within the waters of the Colony.
3. This licence is valid only for the bulk for which it is issued.
4. In the event of a change of ownership, or the bulk for which this
licence is issued being lost or broken up, this book, if available, must be
returned at once to the Harbour Master's office or the nearest Harbour
Master's station.
5. The hulk for which this licence is issued is not to move from any
moorings, except from stress of weather or other unavoidable cause, with-
out special permission from the Harbour Master.
6. In addition to the licence fee, a fee of $1 will be charged for each
licence book issued. Should this book be lost, damaged, or destroyed, a
new licence book will be issued, on payment of a fee of $10.
7. Change of master must be reported at once and the licence indorsed
accordingly.
8. The crew of this bulk are to use their utmost endeavour to save life.
9. This licence is valid for a period of.........months only from the date
of issue thereof.
(Sheet 1)
No. of licence,..................................................
Name of......................boat (if any).......................
Name of owner....................................................
Residence of owner...............................................
Name of master...................................................
Residence of master..............................................
Length,......................................
Breadth,.....................................
Capacity,....................................piculs.
Over 15,....... Over 15,.......
Crew: Males,{ Females,{
Under 15,...... Under 15,......
Received fee of $1 for Licence Book.
Shroff.
Date of issue.......................19
for Harbour Master
(Sheet 2)
For attachment of
receipt for licence fee.
(Sheet 3)
For record of changes and events.
Class E.-All other boats not licensed in
Classes A, B, C or D.
(Cover)
Hongkong Government.
(Back of cover)
Government of Hongkong.
.............Licence No...............
(Inside of cover)
Conditions.
1. This licence must be kept on board.
2. This licence is to be produced, on demand, to every harbour or police
or revenue office in the waters of the Colony.
3. This licence is valid only for the....................to which it
is issued.
4. In the event of a change of ownerships, or should be.................
boat to which this licence is issued be lost or broken up, this book, if
available, must be returned at once to he Harbour Master's office or the
nearest Harbour Master's station.
5. Change of master must be reported at once and the licence indorsed
accordingly.
6. This.....................boat is allowed to carry.................persons,
including crew.
7. In addition to the licence fee, a fee of $1 will be charged for each
licence book issued. Should this book be lost, damaged, or destroyed, a
new licence book wil be issued, on payment of a fee of $10.
8. The crew of this ...............................are to use their utmost
endeavour to save life.
9. This licence is valid for a period of......months only from the date
of issue thereof.
(Sheet 1)
No. of licence,...........................................
Name of.....................boat (if any),................
Name of owner,............................................
Residence of owner,.......................................
Name of master,...........................................
Residence of master,......................................
Length,..............................
Breadth,.............................
Capacity,............................piculs.
Over 15,........ Over 15,......
Crew: Males,{ Females,{
Under 15,....... Under 15,.....
Received fee of $1 for Licence Book.
Shroff
Date of issue,.......................19.
for Harbour Master.
(Sheet 2)
For attachment of
receipt for licence fee.
(Sheet 3)
For record of changes and events.
Table U. [ss. 28, 39(1)(8) & 43(3).]
REGULATIONS FOR THE LICENSING, MANAGEMENT, AND CONTROL.
OF JUNKS AND OTHER CHINESE VESSELS.
GENERAL.
1. All vessels referrd to in these regulations must be duly licensed as
therein directed. No person shall possess, use, engage or let out for hire
any such vessel unless has been licensed according to these
regulations.
In these regulations, vessels shall have the same meaning as in section
30(1) of the Merchant Shipping Ordinance, 1899.
All licences shall be kept in a licence book which shall be in one of the
forms in Table T of the Schedule to the Merchant Shipping Ordinance, 1899.
For the issue of each licence book a fee of $1 shall be charged. If the
licence book is damaged, defaced or lost, a new one will be issued for
which a fee of $10 will be charged.
2. Every person in charge of a licensed vessel must stop and show his
licence when required to do so by any harbour or police or revenue officer,
or by the employer of such vessel, each of whom is hereby empowered to
board and examine such vessel.
As amended by G.Ns. Nos. 202 and 235 of 1913, Nos. 77, 116 and 268 of 1914,
No. 111 of 1916 and No. 105 of 1917, and Law Rev. Ord., 1924.
3. All vessels may be stopped and searched by any harbour or police or
revenue office, and every person in or on board such vessel shall answer
truly all questions put to him by such officer as to the ownership of such
vessel, and any such answer may be given in evidence in any proceedings
thereafter instituted against any person in or on board of such vessel at the
time of such search.
4. For any breach of these regulations the licensee or owner or any
the crew of a licensed vessel shall be liable to be prosecuted before a
magistrate, and, if found guilty, to be punished accordingly.
5. Any breach of these regulations shall be punishable with a fine
not exceeding one hundred dollars.
6. Licences shall be issued by the Harbour Master. Each licence shall
be numbered and shall not be transferable.
7. Licence books must be carefully kept and preserved from injury. No
person shall wilfully damage or deface any licence book and no entries
shall be made therein by any person not authorised so to do.
8. The issue of a licence shall be in the discretion of the Harbour
Master, and any licence may be suspended or cancelled by him, if it is
proved to his satisfaction after due inquiry that the licensee or one of the
crew of the vessel has been guilty of any breach of these regulations or
of misconduct in connexion with the requirements thereof.
9. Licences shall state the length, breath, depth, and measurement in
piculs of the vessel and shall be valid for one year only or for such less period
as shall be named in the licence. For these mentioned under Classes I,
III and IV hereinafter indicated, licences will be issued as from 1st July,
and fot eh remaining Classes from 1st April. Half-yearly licences may be
issued at the discretion of the Harbour Master.
10. Every vessel, for which a licence has been granted, shall carry on
each how and on the stern the number of the licence legibly painted to the
satisfaction of the Harbour Master, and branded on the hull in figures two
inches in length. Such number shall be the only one permitted and shall
not be concealed.
11. No vessel shall ply for hire within three hundred feet of any ship of
war without the written permission of the Harbour Master or of the officer
in command of such ship of war.
11A. No person shall, without the written permssion of the Harbour
Master, use drags, grapplings, or other means, within the harbour limits,
for the purpose of lifting articles or things from the bed thereof.
12. Every vessel, when lying alongside any ship or landing place, or at
anchor within the waters of the Colony, shall keep the Yulo out of
water and rigged in so as not to project out-board.
12A. No vessel licensed under these regulations shall ply within the
waters of the Colony unless such vessel is, in the opinion of the Harbour
Master, fully equipped with the necessary crew and gear, and is seaworthy.
13. All vessels licensed under these regulations on leaving or entering
any prot within the waters of the Colony, except when actually conveying
or in the employ of pleasure parties, shall comply with the provisions of
section 39 of the Merchant Shipping Ordinance, 1899, relating to the entry
and clearance of junks.
13A. The Harbour Master may from time to time on payment of a fee
of twenty-five cents grants to any junk or vessel licensed under section
39 of the Merchant Shipping Ordinance, 1899, a monthly permit which
shall allow such vessel to trade betwee ports or places in the Colony
without a clearance.
14. Every vessel other than a junk shall when under way, between
sunset and sunrise, exhibit a white light at the bow visible all round at a
height of not less than 3 feet above the gunwale. If of 150 feet or
upwards in length, such vessel shall exhibit two such lights, one at the bow
and one at the stern, the former being not less than 20 and not more than
40 feet above the hull and the latter not less than 15 feet lower than the
former. Every vessel propelled by oars at anchor or at moorings or alongside
any wharf shall between sunset and sunrise exhibit a white light at the
how visible all round at a height of not less than 3 feet above the gunwale.
15. If the vessel is propelled or pumped by steam, the boiler must
be surveyed as provided by Table E of the Schedule to the Merchant
Shipping Ordinance, 1899, and the certificate must be produced to the
Harbour Master.
16. The licence of a vessel propelled or pumped by steam shall be liable
to be cancelled or suspended at any time by the Harbour Master on the
report of the Government Marine Surveyor that in his opinion the vessel is
not fit for the service for which such vessel is intended.
17.-(1) The number of adult person or passengers taken or carried in
any vessel within the waters of the Colony shall not exceed,-
(a) in the case of vessels not exceeding 150 piculs, one passenger for
every 10 piculs with an additional crew allowance of 4 adults;
(b) in the case of vessels exceeding 150 piculs and not exceeding 1,000
piculs, one passenger for every 10 piculs with an additional crew allowance
of 8 adults;
(c) in the case of vessels exceeding 1,000 piculs, one passenger for every
10 piculs with an additional crew allowance of 15 adults.
(2) If any of the passenger accommodation of any vessel is occupied by
cargo or passenger's baggage, the said allowances shall be reduced by the
passenger for every 7 superficial feet of space so occupied.
CLASS I.-PASSENGER BOATS.
18. No passenger boat shall carry more than the number of passengers
which may lawfully be carried under the conditions of the licence, and
shall not carry any cargo except passengers' baggage.
19. Every passenger boat shall go alongside a wharf when ordeed to
do so by a police officer and shall, when conveying passengers, be
carefully steered, and travel with reasonable expedition.
20. Every passenger boat shall, as regards repair and cleanliness, be
kept in a state fit for publice use.
21. Every passenger boat shall, between sunset and sunrise, keep a
lighted lautern with the licence number either painted on the glass or cut
in on the frame in figures ate least two inches in height, to be produced
when demanded.
22. No person in charge of a passenger boat shall demand more than
the fare provided by these regulations, nor shall be refuse to take a
passenger, except for some reasonable cause, anywhere between the north
point of Hongkong and Hunghom point on the east; Belcher's Bay and
the west point of Stonecutters Island on the west; Shamshuipo and the
west point of Stonecutters Island on the north.
23. Passenger boats when engaged by ships of war or other vessel for
their exclusive use shall surrender their licence to the Harbour Master,
and shall be given a permit stating the name of the ship for which they
are engaged, and whilst holding such a permit passenger boats shall not be
permitted to take casual passengers.
24. Passenger boats shall be divided into two classes-A and B.
25. Class A passenger boats shall carry not less than two males between
the ages of 15 and 60 as part of the crew.
26. No passenger boat other than a passenger boat in Class A shall be
permitted to take on board passengers at any point of the Praya between
Ship Street Pier on the east and Harbour Office Pier on the west.
27. No passenger boat other than a passenger boat in Class A shall be
permitted to anchor or remain stationary within one hundred yards of the
Praya between Ship Street on the east and Harbour office Pier on the
west.
28. The following is the table of fares for passenger boats:-
PER DAY OF 12 HOURS.
Class A.
For 1st class boats,............ $3.00
For 2nd Class boats,............ 2.00
For all other boats,............ 1.50
Mass B.
For 1st Class boats . $2.00
For 2nd class boats . ...1.50
For all other boats . ..1.00
PER NOUR OR LESS
Class 4.
Per hour with 2 --- 40 Cents.
Per half-hour, ................................. 20
For each extra passenger, 10 cents for half-an-hour 20 cents per.
hour.
Between sunset and sunrise, 10 cents extra per passenger.
Class
Per hour with 2 passengers 20 cents
Per half-hour 10
For each extra passenger, 5 conts for half-an-hour; 10 cents for an hour.
Between sunset and sunrise, 10 cent extra per passenger.
1st Class boats are those measuring 30 feet and over in length.
2nd Class boats are thosc measuring from 20 to 30 feet in length.
All other boats are those of under 20 feet in length.
29. The table of fares shall be comspicuously in the boat and shall
bc shown to anyone demanding to see it.
30. The following, licence fees shall be charged in respeci of' passenger
Loat licences
For boats in class A, $3 for each 10 feet or part of 10 feet in length,
with a minimnin fee of $3, aud a maxmum fee of
For boats in class B, 82 for each 10 feet or part of 10 feet in lenght,
with 9, minimun fee of $2, and a maximum fee of $10.
30A. No vessel in this class shall without lawful authority or reasonable
excusea pproach within thirty feet of any steamship lying at anchor or at
moorings or alongside any wharf at kowloon.
CLASS II-LIGHTFES, CAIWO BOATS AIND WATER BOATS.
31. No vessel in this class shall have a false bottom or any other secret
compartment for the Concealment of goods or persons.
32. No licensee of a cargo boat shall refuse to let, his boat, except for
some reasonable cause.
33. Lighters and cargo boats will be allowed to carry as passeugers
only such persons as may be in charge of goods or baggage for the
conveyance of which the boat is hired or used, or who may be required or
may have been required to assist in loading or unloading.
34. The following is the maximum scale of hire for lighters and cargo boats.
Per day or
night of Per
12 hours load.
vessels of 10,000 piculs and upwards, ........... $60 $30
under 10,000 piculs and not less than 5,000 piculs, 50 25
5,000 4,000 40 20
4,000 3,000 ... 30 15
3,000 2,000 ..20 10
..15 8
2,000 71 180
1,000 800 ..............10 5
800 500...............5 3
500 100...............3 2
100 piculs ................................................. 1.50 1
35. The following, licence fees shall be charKed :-
Under 100 piculs . .....$ 6
Freni100 to 200 piculs . 10
200 to 300............ 14
300 to 400................. 18
400 to 500............ 22
500 to 600.............. 26
600 to 700............ 30
700 to 800.........34
800 to 900............ 38
900 to 1,000............ 42
1,000 to 2,000................. 46
2,000 to 3,000................. 50
3,000 to 4,000................. 54
4,000 to 5,000................. 58
5,000 to 6,000..... 62
6,000 to 7,000................. 66
7,000 to 8,000................. 70
8,000 to 9,000................. 74
9,000 to 10,000................. 78
Over...................10,000 piculs 82
carpo boat execedim, 2,000 piculs shall be decined to be it
lighter.
CLASS III-FIRST-DYING AND OTHER VESSELS
USED AS HULKS.
36. The following licence fees shall be charged for vessels in this
class ........................
Under 100 piculs ............$ 3
From 100 to 200 piculs . ........................ 4
200 to 300.................................. 5
300 to 400............ ................... 6
400 to 500................................. 7
500 to 600................................. 8
600 to 700........ 9
700 to 800................................. 10
From 800 to 900 piculs, ......................... $11
900 to 1,000 ........................ 12
1,000 to 2,000 ........... 15
2,000 to 3,000.................................... 18
3,000 to 4,000...................... 21
4,000 to 5,000............ 24
5,000 to 6,000................ 27
6,000 to 7,000.................................... 30
7,000 to 8,000.................................... 33
8,000 to 9,000.................................... 36
9,000 to 10,000.................................. 39
Over 10,000 piculs . .........43
CLASS IV-ALL OTHER VESSELS OF ANY DESCRIPTION,
NOT LICENSED IN CLASSES I, II, AND III.
37. Every vessel in this class shall keep a lighted lantern with the
licence number either painted on thel glasS Or cut in on the frame in figures
at least two inches in length, to be produced when demanded.
38. No vessel in this class shall carry more than the number of persons
for which she is licensed.
39. No vessel in this class shall have on board cargo or cargo and
passengers or passengers in such quantities as to render her unsafe.
40. No vessel in this class shall, without lawful authority or reasonable
excuse, approach within thirty feet of any vessel lying at anchor Or at
moorings or alongside any wharf.
41. The licence fees to be charged for vessels in this class shall be
half those provided for lighters and cargo boats.
Table V. [s. 29 (1)(3)(4).]
REGULATIONS FOR FISHING IN THE WATERS OF THE COLONY.
1. In these regulations,
(a) inshore stake-net means a net which is attached to poles, and
which is worked by a windlass stationed on shore or in less than three
fathoms of water.
(b) oofshore stake-net means a net which is attached to poles, and
which is worked by a windlass stationed in more than three fathoms of
water.
(c) Line of stakes and nets means a net or nets attached to it line of
stakes which are driven into the foreshore or sea bed.
(d) Stake-net includes an inshore stake-net, all offshore stake-net and
it line of stakes and nets.
M amended by G. Ns. Nos. 130 of 1921 and 2 of 1922, and Law Rev. ord
1924. See, also 0. N. No. 492 of 1921.
(c) Seine net means a net not less than one hundred feet in length by
three feet in width, which is shot from a boat and hauled by both ends
the shore.
2. Owners of stake-nets and seine nets shall pay to Om Harbour Master
annual licence fees commencing from 1st June in each year in accordance
with he seale in regulation 10 of these regulations.
3. Licences shall not be transferable, and shall specify the exact place
in which they may he used.
4. No new stake-net shall be erected without the permission in writing
of the Harbour Master, which permission shall state the class of net, and The
place in which it is to be used.
5. No new stake-net shall be erected whMn two hundred yards of an
existing stake-net without the consent of the owner thereof.
6. Every stake-net shall exhibit between sunset and sunrisea bright
white light visible in all directions seaward for at least one mile.
7. Every skake-net shall exhibit conspicuously a board shewing the
licence number of the stake-net.
8. The Harbour Maste may order the removal of stakes when not in
use.
9. No person shall within the waters of the Colony kill or take any fish
by means of any explosive whatsoever.
10. Annual licence fees:-
Inshore stake-net, $2.
Offshore stake-net, if in less tahn 5 fathoms of water $4; otherwise $5
Line of stakes and nets, if removed daily, $1 for every 100 yards: if not
removed daily, $1 for every 10 years.
Seine net, $2
REGULATION, CONTROL, AND LICIENSINC OF OYSTER FISHERIES AT
DEEP BAY AND OTHER PLACES IN THE NEW TERRITORIES.
11. No person shall carry on any of the operations of oyster rearing or
fishing in the New Territories unless: -
(a) such person shall have taken out a licence for doing the same which
may be in the form in the Appendix to these regulations;
(b) the conditions under which such licences are issued are complied with.
12. Such licence shall be granted by the Colonial Secretary to such
persons, and for such period and upon payment in advance of such fees, as
may be approved by the Governor.
13. Such fees shall be paid to the Treasure or such office as he
depute, for that purpose.
14. lf any commits any breach of these regulations his licence
may be forfeited and cancelled by the Governor, in additional to any other
penalty to which he may be liable by law.
REGULATION AND CONTROL OF THE USE OF BRIGHT LIGHTS FOR FISHING
IN THE WATERS OF THE COLONY.
15. In regulations 15, 16 and 17 of these regultions, bright light
means any incandescent lime light or any artificial light produced by the
the vapourisation of oil or spirit under a mantle, or by electricity or by the
use of acctylene or coal gas, or calcium phosphide.
16. No person shall use any bright light for the purpose to fishing or
attracting fish within the wates of the Colony, except in accordance wiht
the foloowing rules and conditions:-
(1) Not more thall two such lights shall be in use It the same time in
any one vessel.
(2) Such lights shall withing the waters of the Colony be used for fishing
or attracting fish in the following areas only:-
Mirs Bay - the area bounded on the south by a line drawn from Mirs
Point to Bate Head.
Port Shelter and Rocky Harbour-the area bounded on the soouth and
cast by a line, drawn from a point on the mainland due north of the
northernmost point, of High Island to meet the northernmost point of High
Island, thence following the east coast of High Island to the southernmost
point of High Island, thence to the easternmost point of Bluff Island, thence
following the coast of Bluff lsland to the southernmost point of Billif Island,
thence to the centre, of Steep Island, and thence due west to meet the
mainland.
Chung Kwang O (Tseung Kwan O) or Junk Bay - the area bounded on
the south and west by a line drawn from Rennie's Flour Mills to the centre
of Fu tau chau Island (Fat T'au Chau), and thence due cast to meet the
mainland.
Rambler Channel-the area to the north and east of Chung Hue, outside
the limits of the harbour, excluding all the waters to the west and south of
Chung Hue.
Deep Bay-the area bounded on the west by a line drawn from South-
West Point to Black Point.
North of Lantao-to the southward of the Brothers and castward of Chu
Lu Kok.
East of Lantao-the area bounded on the south by a line running due
west from the southernmost point, of Papai (Tai Ku Chan) to meet the
Island of Lantao, and oil the cast by a line drawn from the southernmost
point of Papai (Tai Ku Chau) to the easternmost point of Chau Kung and
thence due north to meet the Island of Lantao.
East Lamma Channel-including Taitam Bay-the area bounded on the
north by a line drawn front the northernmost point of Lamma Island to the
west side of Waterfall Bay, and on the south by a line drawn from the
southernmost point of Lamma Island to Taitam Head, and thence to Tai
Long Head.
(3) The lights shall be, effectively shaded to the satisfaction of the
Harbour Master and shall in any case be so constructed and used that the
shade shall always extend not less than 4 inches below the lowest part of
the light. The lights shall not he placed at a greater height than 3 feet
abvoe the surface of the water.
17. It shall be lawful for the Harbour Master with the approval of the
Governor, by notication in the Gazette, to declare, to declare any further area or
areas of the waters of the Colony to be, area, within which the use of bright
lights for fishing is permitted, or to declare that any area or part of an
area in which the use of such lights for fishing is permitted shall thereafter
be anarea in which such useis prohibited.
Appendix. [Regulation 2.]
Licence for oyster fisheries.
is hereby licensed to conduct any oyste fishery, and make and
maintain oyste beds, within the following boundaries:-
This licence will be in force from the day of until
the day of , 19 .
Conditions of licence.
1. The limits of cach oyster bed are to be severally and distinctly
marked out by bamboos or by other equally efficient means. Such marks
must be kept in a good state of repari, project at least 2 feet above the high
water mark, and must not form a danger to navigation.
2. No obstruction by oyster beds, or the deposit of oyster shells shall be
caused to the channels used for nvaigation, which must be allowed to
remain free from obstruction. No oyster bed shall be allowed in any scuh
position as in the opinion of the Harbour Master interferes with navigation.
3. Unless the licensee is a native of and rsides in Hongkong or the New
Territories he shall upon his licence being granted to him deposit with the
Treasurer a sum of $100 as security for his due attendance before the
District Officer whenever required such sum of $100 to be forfeited to the
Colonial Government if and wheneve the licensee fails to attend when so
required.
Table W. [s. 21.]
LIST OR PORTS OF THE COLONY.
Victoria, within harhour limits. Cheung Chau.
Aberdeen. Tai O.
Stanley. Tai Po.
Shaukiwan. Saikung.
Deep Bay. Junk Bay.
Table X. [s. 25 (4).]
1. The Typhoon Shelter at Bay is for affording shelter during
had weather to junks and other native craft, and to launches, lighters, and
other small craft, of European construction. It shall not be used by any
other vessels except with the written permission of the Harbour Master.
2. No vessel, so long as any space remains unoccupied inside the break-
water Shall anchor, secure, or lie in such a position as to obstruct the free
access of other vessels, to such unoccupied space.
3. No vessel, except as provided for in regulation 4 of these regulations,
shall enter or lie in the Causeway Bay Typhoon Sheller without the
written permission of the Harbour Master, unless a typhoon warning is
hoisted.
4. Nothing in these regulations shall prevent any vessel, from using any
recognised pier or landing place within the limits of the said Typhoon
Shelter, for the purpose of landing or embarking passengers or cargo: but
such vessel shall not remain within its limits longer than is absolutely
necessary for such landing or embarking.
5. Any breach of these regulations shall punishable upon summary
conviction by a fine not exceeding one hundred dollars, or by imprisonment
for any term not, exceeding three months.
B. - Yaumati Bay.
1. The Typhoon Shelter at yaumati Bay is for affording shelter during
had weather to junks and other native craft, and to launches, lighters,
and other small craft of European construction. It shall not be used by any
other vessels except with the written pemission of the Harbour Master.
2. No vessel, so long as any space remains uoccupied inside the break-
water, shall anchor, secure, or lie in such a position as to obstruct the free
access of other vessels to such unoccupied space.
3. A fairway shall he kept clear from southern entrance of the
Yaumati Typhoon Shelter to the piers or wharves habitually used by the
Yaumati ferry launches, until such launches stop running during a typhoon,
after which such fairway may be occupied by vesels taking shelter, due
regard being paid to the provisions of regulation 2 of these regulations.
As amended by G.N. No. 376 of I913 and Law Rev, Ord., 1924.
4. The space to the southward and eastward of the fairway mentioned
in regulation 3 of these regulations is reserved for the use of Government
craft during typhoons, and shall not be used by any other vessels.
5. Every steam-launch, when approaching the entrances to the Yaumati
Typhoon Shelter, shall ease the engines to dead slow, and pass through the
entrance at a speed not excdeeding 3 knots.
6. Any breach of these regulations shall be punishable, upon summary
conviction, by a fine not exceeding one hundred dollars, or by imprisonment
for any term not exceeding three months.
Table Y. [s. 42(1)]
LANDING REGULATIONS.
1. No person or thing shall be landed from any steamship exceeding
sixty tons except at the port or destination named on the clearance of such
steamship.
2. Evey person who does or is a party to any act forbiden by
regulation 1 of these regulations shall be liable to a fine not exceeding two
hundred dollars, or to imprisonment for any term not exceeding six months.
[originally No. 36 of 1899. No. 25 of 1913. No. 13 of 1917. No. 11 of 1922. No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. [s. 2 contd.] 57 & 58 Vict, c. 60. Certificate or licence required by ship in waters of the Colony. Proof of register, etc. Consent to prosecution. Master, mate, and engineer to possess certificates. [cf. Orders in Council, 9th May, 1891, 22 nd October 1906.] Certificated officers of British ship, and foreign ship holding passenger certificate. [s. 4 contd.] British river steamers not exceeding 300 tons. Trawlers. British river steamers not exceeding 60 tons. Schedule. Table E. ship leaving without certificated officers or clearance. Penalty on employment of uncertificated person. [s. 4 contd.] Examination for certificates. Rules for examinations. Applicant for certificate to give notice to Harbour Master. Appointment of board of examiners. Harbour Master to summon board and notify applicant. Fees to be paid by applicant. Fees to members of board. [s. 4 contd.] Certificate to be given to successful candidate. Certificate to be subject to regulations. [cf. Orders in Council, 9th May, 1891, and 22nd October 1906.] Copy of certificate to be granted in case of loss. 57 7 58 Vict, c. 60, s. 101. Production of certificates. 57 & 58 Vict, c. 60, s. 103. Forgery of certificate. 57 & 58 Vict, c. 60, s. 104. Mercantile Marine Office. Shipping of seamen. Agreement be made for seamen. 57 & 58 Vict, c. 60, s. 113. Penalty for shipping without agreement. 57 & 58 Vict, c. 60, s. 113. Fees payable on engagement and discharge. Schedule. Table 1. [s. 5 contd.] Payment and deduction of fees. Schedule. Table 1. No seaman to be discharged without sanction and due provision for maintenance. Penalty on seaman for wrongfully remaining behind. Place of discharge. Master to give to seaman discharged in the Colony certificate of discharge, and account of wages. Penalty for forcing or leaving seaman on shore. Limited exemption of seaman shipped under the Ordinance from liability to arrest on civil process. Establishment and regulation of boarding-houses. [cf. No. 23 of 1917, s. 2.] [s. 6 contd.] Schedule. Table K. Penalty for keeping unlicensed boarding-house. Duties of boarding-house keeper. Certificate officer may lodge elsewhere. Relief of seamen belonging to vessel registered in the Colony. Payment of expenses incurred in the Colony for relief of such seamen. Repayment of expenses incurred else-where than in the Colony. Ship to carry medicines, medical stores, etc., in accordance with scale issued by Boards of Trade. Owner, etc., neglecting to provide medicines and medical stores to be guilty of misdemeanor. Inspection of medical stores. 57 & 58 Vict, c. 60, s. 202. Master of ship before shipping seaman may require him to undergo medical inspection. [s. 8 contd.] Keeper of licensed boarding-house to report state of boarders' health. Penalties for seamen. Death or desertion to be reported. Penalty on master for filthy condition of ship. Seaman or apprentice deserting may be apprehended and put on board vessel to which he belongs, etc. [s. 9 contd.] 57 & 58 Vict, c. 60, s. 238. Ship or house may be searched for deserter. Penalty on person harbouring deserter. [s. 9 contd.] Harbour Master may require master to search for suspected deserters, and to make declaration of search. Offences against discipline. 57 & 58 Vict, c. 60 , s. 221. [s. 9(5) contd.] 57 & 58 Vict, c. 60, s. 225. Payment of expenses. Interpretation. Passenger ship to be surveyed once a year. 57 & 58 Vict, c. 60, s. 271(1)(a). [s. 10 contd.] Passenger ship not to clear without certificates of survey. 57 & 58 Vict, c. 60, s. 271(1)(b), (2). Appointment and remuneration of surveyors. Surveyor to have power to inspect ship, etc. [s. 10 contd.] Governor in Council to regulate mode of survey. Schedule. Table C. Penalty for wrongfully receiving or offering fees. Owner to have survey made by surveyor, and surveyor to give certain declarations as to hull and equipments. [s. 10 contd.] 18 & 19 Vict, c. 104. Ordinance No. 30 of 1915. Schedule. Table D. Transmission of declarations to Colonial Secretary. [s. 10 contd.] Issue of certificate. Transmission of certificate to Harbour Master. Appeal to Court of Survey. 18 & 19 Vict, c. 104. Ordinance. No. 30 of 1915. Schedule. Table II. [cf. S, 20(2).] [s. 10 contd.] Report of Court of Survey. Costs. No appeal in certain case. Objections to constitution of Court. Schedule. Table II. Fees to be paid for certificate. Schedule. Table C. Duration of certificate. [s. 10 contd.] Governor may cancel certificate and require fresh declarations. Certificate to be placed in conspicuous part of ship. Surveyors to make returns of build and other particulars of ship, and owner, etc., to give information. Report to Harbour Master of accident to passenger ship. 57 & 58 Vict, c. 60, s. 425. Further penalties for non-compliance with provisions relating to passenger surveys and certificates. Penalties for carrying passengers in excess of complement. Equipment of passenger ship. Safety valve. [s. 11 contd.] Adjustment of compasses. Fire hose. Signals. Shelter for deck passengers. 18 & 19 Vict, c. 104. Ordinance No. 30 of 1915. Schedule. Table D. penalty for inadequate equipment. In case of non-compliance Harbour Master to refuse clearance. Schedule, Table D. Penalty for improper weight on safety valve. Harbour Master may refuse clearance to ship carrying more passengers than allowed by certificate. Penalty for taking more passengers than allowed by clearance. Penalty on owner, etc., in like case. Production of passenger certificate. Deck passengers. Power to make regulations. Schedule. table A. [s. 13 contd.] Classes of ships. Boats, etc. Life-saving apparatus. Duties of owner and master. Schedule. Table A. Penalty for neglect. 57 & 58 Vict, c. 60, s. 430. [s. 13 contd.] Inspection by surveyor. Notice of deficiency. Harbour Master not to clear ship not complying with above provisions. Entry in log-book of boat drill and inspection of life-saving appliances. Production of record. Penalty. 6 Edw. 7, c. 48, s. 4. [cf. 57 & 58 Vict, c. 60, Part V.] Marking of deck-lines. 57 & 58 Vict, c. 60, s. 437. Marking of load-line. 57 & 58 Vict, c. 60, s. 438. [s. 14 contd.] Penalty for neglecting to mark lines, etc. Penalty for inaccurate marks. Submerged load-line. 57 & 58 Vict, c. 60, s. 439. [cf, s. 17(5).] Delivery of written statement to Harbour Master. Government Marine Surveyor to approve and certify on behalf of Governor. Schedule. Table C. Ship to be kept marked. [cf. 57 & 58 Vict, c. 60, s. 734.] Restrictions on carriage of dangerous goods. Ordinance No. 1 of 1873. Penalty for misdescription of dangerous goods. Power to refuse to carry suspected goods. [s. 15 contd.] Ship carrying dangerous goods and more than 20 passengers. Power to throw overboard dangerous goods. Forfeiture of dangerous goods improperly sent or carried. Court may proceed in absence of owner of goods. Saving of enactments relating to dangerous goods. Interpretation and provisions as to grain cargoes. Sending unseaworthy British ship to sea a misdemeanor. [s. 17 contd.] Master knowingly taking unseaworthy British ship to sea. Consent of Governor to prosecution. Misdemeanor not punishable on summary conviction. Power to detain unsafe ship, and proceedure for such detention. [cf, s. 14(5).] [s. 17 contd.] [cf, s. 20(2).] [cf, s. 20(2).] Liability of Government and of shipowner for costs and damages. [s. 17 contd.] Ordinance No. 3 of 1901, ss. 478 to 482. Power to require security for costs from complainant. Supplementary provisions as to detention of ships. [cf. 57 & 58 Vict, c. 60, s. 730.] Application to foreign ships of provisions as to detention. Exceptions. Governor may appoint Marine Court. [s. 19 contd.] 57 & 58 Vict, c. 60, s. 478. Constitution of court. Unofficial members of court to be remunerated. Enumeration of casualties. 57 & 58 Vict, c. 60, s. 464. [s. 19 contd.] Cases for inquiry, and jurisdiction of court. 57 & 58 Vict, c. 60, s. 478. [cf. 57 & 58 Vict, c. 60, s. 729.] Inquiry not to be held if matter has already been subject of investigation: or if inquiry has been. [s. 19 contd.] commenced in the United Kingdom. Grounds for cancelling or suspending certificate. 57 & 58 Vict, c. 60, s. 470. [cf. 57 & 58 Vict, c. 60, s. 470.] Report to Board of Trade. Copy of report to be furnished. Board of Trade may order re-hearing. [s. 19 contd.] Person who applies for court to assit it. 57 & 58 Vict, c. 60, s. 466. Further powers of court. Ordinance No. 3 of 1890. Members to sign report. Delivery up of certificate. Re-hearing. Regulations as to procedure, fees, etc. Schedule. Table G. Opportunity for defence. Constitution, powers, and procedure of Court of Survey. Regulations as to procedure, fees, etc. Schedule. Table II. Power to order payment of costs of investigation. Ordinance No. 3 of 1890. Saving of Admiralty Jurisdiction. Declaration of ports, and prohibition of ship or junk anchoring elsewhere. Merchant vessel arriving to hoist colours and house flag or number. [s. 22 contd.] Harbour Master and Health Officer to be allowed on board at once. Schedule. Table K(A). [cf. No. 6 of 1900, s. 25.] Ship to be moored where ordered, and not removed without permission. Ship to be entered within 24 hours. Directions of Harbour. Master to be followed. Bleu Peter to be hoisted and port clearance to be obtained before departure. Quarantine regulations. Schedule. Table I. Penalty for breach; and powers of police. Recovery of costs and expenses. Fairway to be kept clear. Lights on junks. Ship to exhibit light at night. Precaution in case of fire or disturbance. Governor in Council may make regulations. Schedule. Tables M and X. Damaging furniture of vessel. [s. 26 contd.] Throwing into water goods unlawfully obtained. Obstruction of harbour by rubbish, etc. Boarding ship without permission. Making fast to ship under way. Receiving or landing passengers unlawfully. Schedule. Table N. Refusing to pay fare. Obstruction of wharf, improper mooring, etc. Schedule. Table N. Firearms not to be used except in certain cases. Schedule. Table O. Harbour Master may remove obstruction, etc. Government moorings. Private moorings. Mooring of hulk, etc. Use of moorings. Regulations. Schedule. Table O (A). Regulations for fishing stations, stakes, and nets. Schedule. Table V. Power to order removal of stakes. Fees payable. Schedule. Table V. Regulations for fishing generally. Schedule. Table V. Penalty. Boarding of vessels for police purposes. Arrest on board of offender. Authority to stop vessel. Interpretation. Power to erect light-houses, etc.; to raise necessary funds by public loan; and to advance funds out of Treasury. Owner, etc., of ship to pay dues. Schedule. Table P. Power to Governor in Council to regulate dues. Posting of tables and regulations. Ship not to be cleared without production of receipt for dues. Power of distress for dues. Ship's burden to be ascertained by measurement in certain cases. Penalty on master for departing without paying dues, etc. Penalty for injuring lighthouse, etc. Schedule. Table M (V). Application of ss. 31-33 to Gap Rock lighthouse. Harbour Master may prohibit false light. Harbour Master may abate false light. Vessels and buildings for storage of explosives. Government Gunpowder Depot. Vessel not to anchor within 500 yards of Depot. Harbour Master to be furnished with particulars of explosives arriving in the Colony. Master to take vessel to special place. Red flag to be exhibited. [s. 36 contd.] Vessel not to anchor within 500 yards of any other vessel. Mode of proceeding when explosives ate to be exported. No gum-powder to be shipped, etc., at night. Limit of storage without written permission. [cf. Table Q, Reg. 7.] Search warrant. Regulations for carrying out provisions of s. 36. Schedule. Tables Q & R. [s. 36 contd.] payment and recovery of sums for storage. Penalty. Saving of Ordinance No. 1 of 1873. Exception of ships of war and Government stores. Gunpowder anchorage. Interpretation. Regulations. Schedule. Table E. [s. 37 contd.] Offences and penalty. Launch or motor boat carrying an excessive number of persons. Safety valve of licensed launch. Safety valve of unlicensed launch. [s. 37 contd.] Unseaworthiness. Inspection. Cancellation or suspension of licence by Harbour Master. Cancellation or suspension of licence by Governor in Council. Cancellation or suspension of local certificate of competency by Harbour Master. Cancellation or suspension of local certificate of competency by Governor in Council. Delivery up of licence or certificate upon cancellation or suspension. Disobedience of order of Harbour Master. Exemption. Collision regulations. 57 & 58 Vict, c. 60, s. 418. Special licence to river steamer. Schedule. Table F. Duration of licence. Penalty for exceeding number of passengers allowed by licence. Classification of junks. [s. 39 contd.] Schedule. Tables T & U. Definition of master. Harbour Master's stations. Anchorages for junks. Schedule. Table S. Penalty for failure to take out licence. Licences only in one class. Trading junk licences. [s. 39 contd.] Fishing junk licence. Licences for lighters, cargo boats, hulks and small boats. Regulations for licensing of junks, etc. [s. 39 contd.] Schedule. Tables U. Penalty where overcrowding results in drowning of passengers. Report of arrival and particulars to be furnished. Flag to be hoisted before departure; clearance. [s. 39 contd.] Special permits. Schedule. Table T. Vessels not to leave without clearance or permit. No junk to leave at night. Penalty for unlawfully using licence, etc. [cf. Sub-s (24).] [s. 39 contd.] Licences to other vessels. Junks and other craft to be subject to orders of Harbour Master. Discipline of harbour. Penalty for disobeying Harbour Master's orders. Penalty for bringing mendicants, etc., into the Colony. Power to board any junk and demand inspection of documents. [s. 39 contd.] In case of non-payment of penalty by master, the same may be levied by sale of vessel. Transfer to purchaser upon sale of vessel. Trial of offences under this section. [cf. Sub-ss. (15) and (26).] Penalty for contravention of sub-ss. (10) or (11). Penalty for contravention of sub-ss (13) or (14). [cf. Sub-s (24).] Junk not carrying lights to be deemed in fault for collision. Application of certain parts of Merchant Shipping Acts. [s. 41 contd.] [cf. 57 & 58 Vict, c. 60, s. 264.] Trial in the Colony of misdemeanors and offences under Merchant Shipping Acts and Ordinance. Ordinance No. 3 of 1890. Ordinance No. 3 of 1890. Trial of offences and recovery of penalties, expenses, etc., under the Ordinance. Ordinance No. 3 of 1890. [s. 41 contd.] Penalty for offences not specially provided for. Service of documents. Obstructing service. Power to detain ship in certain cases. 57 & 58 Vict, c. 60, s. 692(3). Penalty for taking detained ship to sea. Penalty for taking to sea officer authorised to detain ship, etc. Rule as to proof of exception, etc. Use of official log and articles of agreement as evidence. Regulations. Schedule. Table Y. Power to impose penalties. Payment of remuneration to certain persons. Costs and compensation. Fees. [cf. Tables B, C, E, H, I, J, P, R, T, U and V.] Abstract of portions of Ordinance to be given to master on arrival. Exemptions. Application of Ordinance to ships propelled by electricity, etc. Arrangement of ships into classes. Boats to be carried under davits. Scale. [Table A contd.] [Table A contd.] Description of half of boats; and of remainder. Additional boats or life-rafts. Additional boats, etc., in case of ship with water-tight compartments. Life-buoys and life-belts to be carried. Boats to be carried under davits. [Table A contd.] Life-belts to be carried. Life-buoys. Boats to be carried under davits. Additional boats or life-rafts. Buoyant deck fittings in lieu of additional boats or life-rafts. Life-buoys to be carried. Construction of boats. [Table A contd.] Mode of ascertaining cubic capacity of boat. Mode of ascertaining number of persons to be carried by boat. Description of appliances for getting boats into water. Equipment for boats and life-rafts. [Table A contd.] Additional equipment for boats of sections A and B. Number of persons to be carried by life-rafts. Buoyant apparatus. Life-belts. Life-buoys. Position of life-belts and life-buoys. Surveys of steamships for passenger certificates. [Table C contd.] Surveys of ships under Chinese Passengers Act or Asiatic Emigration Ordinance. Measurement of tonnage. [Table C contd.] Inspection of berthing or sleeping accommodation of crew. Inspection of lights and fog-signals. Inspection of marking of vessels. Inspection of tracings. Survey for change of name. Recording change of name, etc. survey for re-registry, etc. Survey before transfer to foreign flag. Minor inspections. Remearsurement of passenger accommodation. Survey of ship's bottom. Survey or boilers. Certifying load-line. Overtime service. Space between decks. Space for exercise. [Table D contd.] Limits for carrying upper deck passengers. Deck-house to be provided between June 1 and October 14; exception. Restriction as to decks. Definition of superficial area. Conditions for carrying cargo, etc., on upper or passenger decks. Restriction as to tiers of berths. Light and air. First and Second Class Saloons. Launches and motor boats to be licensed. [Table E contd..] Survey. Particulars in certificate of survey. [Table E contd.] Fee for certificate. Issue of licence for vessels. Appendix B. Form of licence. Appendix A. Licence to be kept on board. Every vessel to have certificate master and engineer. Improper use of licence, etc. Painting of name, etc., on vessel. Vessel to be clean and in good repair. [Table E contd.] Fee for licences. Scale of hire. Deduction from number of passengers. Dangerous goods not to be carried with passengers. Ordinance No. 1 of 1873. Harbour Master may issue certificates of competency; fee for examination; photographs. [Table E contd.] Examination for engineers of motor boats. Renewal of photograph. Re-examination before engagement. Report of arrival. Notice of departure. Night clearance. Pleasure trips. Special permit. Untrue Particulars. [Table E contd.] Periodical survey. Use of unsurveyed launch or motor boat. Reporting of name of master etc, engaged; or discharges. Production of certificate on engagement. Reporting of discharge by master. Record of engagements and discharges. Certificates of competency to be on board the vessel. Harbour Master may permit engineer with master's certificate to be in charge of boat. [Table E contd.] Exemption of motor boats used solely for pleasure. Gambling prohibited. Master not to permit gambling. Master's responsibilities. Anchorage at Repulse Bay. Or, within the harbour limits (as the case may be.) or, within the harbour limits (as the case may be), [Table E contd.] [Table E contd.] For vessels licensed to ply outside the harbour limits. Passengers on lower deck; on upper deck and cabins. Proviso as to number of passengers. Supply of life-boats, etc. Restriction as to decks. Deductions from number of passengers. Forms. Appendix. Notice of investigation. Appendix. Form No. 1. Summons to witness. Appendix. Form No. 2. Absence of person served. Right to appear. Proceedings at investigation into casualty. Proceedings at inquiry into charge of misconduct or incompetency. Restriction on power of cancelling certificate. Adjournment. Judgment. [Table G. contd.] Filing of notice of appeal. Appendix. Form No. 1. Proceedings for constituting court. Summoning of court. Appendix Form No. 2. Notice to complainant of hearing . Forwarding copy of report. Time for hearing. Parties to proceedings. Partices by permission. Proceedings on behalf of Governor; by complainant. Witnesses in reply. [Table H contd.] Addresses of parties. Adjournment. Delivery of decision. Release or detention of vessel. Appendix Form No. 3. Report to Governor. Appendix. Form No. 4 Fees. [Table H contd.] Affixing of signboard over door. Construction of house. Kitchen accommodation. Accommodation for boarders. Room for chests, etc., of boarders. [Table K contd.] Washing rooms, etc. Removal of filth. No communication with adjoining housed. Conditioners of receiving seaman as boarder. Keeping of books and accounts. Furnishing of accounts to boarder. Exclusion of prostitutes. Closing. Prohibition of gambling and prevention of disorder. Illness of boarder. [Table K contd.] Furnishing of weekly list of seamen boarders. Restriction on discharge of boarder. Inspection of boarding-house. Posting up of regulations. Penalty for infraction of regulations. Fees payable by boarder. Deductions from advance. No detention of clothing. Appeal of boarder against account. Shipment of men from boarding-house. Weekly charge for board and lodging. Interpretation. [Table L contd.] Flying of Quarantine Flag on arrival; examination by Health Officer. Proceeding to Quarantine Anchorage. Quarantine Anchorage. Obligation to give information about vessel, etc. [Table L contd.] Examination of persons on board vessel on arrival, and proceedings there-after; infected vessel. Suspected vessel. Healthy vessel. [Table L, contd..] Ordering of vessel to quarantine Anchorage. Disposal of body of person dying from infectious or contagious disease. No communication from outside with infected or suspected vessel. No communication with shore, etc., by infected or suspected vessel. [Table L contd.] Police to prevent communication. Exemption of postal matter. Vessel with filthy passengers, etc., to go to quarantine Anchorage. Costs and expenses of medical attendance of person removed to hospital, etc. Liability of all persons concerned for breach of regulations. Exemption of ships of war. Exemption subject to certain conditions of vessel with surgeon on board. [Table L contd.] Appendix. Forms Nos. 1 and 2. Government observation Station. [Table L contd.] [Table L contd.] Definition of fairways. Southern and Central Fairways. Limits of Southern Fairway: of Central Fairway. Pennant to be flown in fairways. Observance of Collision Regulations, etc. Moderate speed within the harbour limits. Timber rafts, etc. Limits of Man-of-War Anchorage on northside of Victoria. [Table M contd.] Limits of Man-of-War Anchorage at Kowloon. Only His Majesty's ships to anchor. Junks and other native craft may use. Control of danger area. Limits of Foreign Man-of-War Anchorage in Kowloon Bay. All vessels to be moored. No examination, etc., of shores or waters of the Colony. [Table M contd.] Landing of foreign soldiers within harbour limits. Landing outside barbour limits. Limits of Quarantine Anchorage. Limits of Dangerous Goods Anchorage. Northern Anchorage. Southern Anchorage. Eastern Anchorage. [Table M contd.] Western Anchorage. Position of Telegraph Cable Ground between the north point of Hongkong and the south-east point of Kowloon; and between Taikoktsui and the eastern shore of Stonecutters Island. Anchoring forbidden. Fishing for bidden. Use of steam-whistle. Penalty. [Table M contd.] searchlights. Restriction on beating of drums or gongs and on discharge of fireworks. Restriction on naked and portable lights. Specification of wharves. Areas within which discharge of firearms prohibited. Proviso as to mail steamers. Rental. Maintenance. Inspection. Use by others than owner. Liability to dues. Time of payment. River steamers. Places of officers and men when explosives received or discharged. Prohibition of smoking, etc. Discharge of cargo. Attendance of owner or consignee at receipt or discharge of explosives. Restriction on opening of packages, Mode of keeping gun-power for private use. Protection of waterborne explosives. Gunpowder loose and in tins. Safety cartridges, detonators, etc. Weight of packages. Government not responsible for damage. Other explosives. Weight of packages. Government not responsible for damage. [s. 39 (1)(12).] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table t contd.] Obligation to obtain licence. Licence book. Showing of licence to certain officers. [Table U contd.] Power to stop and search. Prosecution for breach of regulations. Penalty. Issue of licences by the Harbour Master. Provisions as to safe keeping of licence books. Suspension or cancellation of licences by the Harbour Master. Partiulars and duration of licence. Painting of number of licence. Painting of number by authorised persons. Not to ply near ship of war. Not to use drags etc. [Table U contd.] Yulo to be rigged in. Licensed vessel must be properly equipped and seaworthy. Compliance with provisions as to entry and clearance. Coasting trade by junks. Exhibition of lights. Survey of boilers of vessel propelled by steam. Cancellation of licence of vessel propelled by steam. Passenger and crew allowance. [Table U contd.] Number of passengers. Regulation of movements. Boat to be in a state fit for public use. Exhibition of light. Obligation as to fare and passengers. Boats to surrender boats. Crew for Class A. Limits of anchorage. Table of fares. [Table U contd.] Exhibition of scale of fares. Licence fees. Steamships not to be approached. Prohibition of false bottom. Obligation to let boar. Restriction on conveyance of passengers. [Table U contd] Maximum scale of hire. Licence fees. Licence fees. [Table U contd.] Exhibition of light. Number of persons to be carried. Safety. Ships not to be approached. Licence fees. Interpretation. [Table V contd.] Licence fees. Licences not transferable. No new stake-net to be erected without permission. Restriction as to new stake-net. Exhibition of light. Licence number to be shewn on a board. Removal of stakes. Fishing with explosive prohibited. Licence fees. Licences. Colonial Secretary to grant licence. [Table V contd.] Licence fees. Cancellation of licence. Definition of bright light Use of bright lights for fishing. [Table V contd.] Ports of the Colony. Use. Obstruction. Typhoon warning. Use of recognised landing places. Penalty. Use. Obstruction. Fairway. Reserve for Government craft. Launches to reduce speed. Penalty.
an ordinance to consolidate and amend the laws relating
to merchant shipping.
[19th September, 1903]
Preliminary
1. this ordinance may be cited as the merchant shipping
ordinance, 1899.
2. in this ordinance,
(a) the harbour master inclues any person deputed
or authorised by the harbour master to execute any power
or perform any duty vested in or imposed upon him by this
ordinance.
(b) international collision regulations means the
regulstions for preventing collisions at sea made under
the merchant shipping acts.
(c) junk includes lorcha and any sea-going sailing-
vessel of chinese or other asiatic build, construction, and
rig.
As amended by Law Rev. Ord., 1924. The operation of this Ordinance is
not, limited by the Boarding-house Ordinance, 1917. 8ec No. 23 ol 1917, s. 8.
As amended by Law rev. Ord., 1924.
(d) local trade limits means the waters surrounding
the island of hongkong within the following boundaries:
on the east - a morth and south line drawn through
the fo tau mun pass (fat tau mun);
on the weat - a morth and south line drawn through
the kap shui maun pass; adn
on the south- - and east and west line drawn through
the centre of lo chau or beaufort island, and
continued until it meets the east and west boundaries.
(e) lorcha includes any sea-going sailing-vessel of
european build and ocnstruction, but of chinese or other
asiatic rig, or of chinese or other asiatic build and
construction, but of european irg.
(f) magistrare includes the marine magistrate.
(g) master includes every person (except a pilot) having
command or charge of any ship.
(h) the meerchant shipping acts means the merchant
shipping act, 1894, and all acts amending the same, and
all regualtlsions made thereunder.
(i) motor boat means any vessel not exceeding sixty
tons properlled by any mechanical power however applied,
except steam, oars, or sails.
(j) passenger includes any person carried in a ship,
other than the master and crew, and the owner, his family
and servants.
(k) port of the colony and prot where by the
context a port out of the colony is not indicated, means
such place in the waters of the colony as the governor may
decalre by notification to be a port.
(l) river steamer means any steamship regularly
plying between the colony and any place on the canton
river or the west river or any river in the province of
kwong tung or the province of kwong sai, or between the
colony and macao.
(m) seaman includes every person (except masters,
pilots, and apprentices duly indentured and registered)
employed or engaged in any capacity on board any ship.
(n) ship includes any description of vessel used in
navigation not propelled by oars, except junks or lorchas
not propelled by steam.
(o) steamship means any vessel propelled by steam.
(p) tons and tonnage mean tons and tonnage as
calculated according to british measurement of registered
tonnage.
(q) vessel includes any ship or boar or any other
descirption of vessel used in navigation.
part I
registry
3.(1) every ship trading in or from the waters of the
colony must be provided with either
(a) a certificate of registry in conformity with the
merchant shipping acts; or
(b)rep. law revision ordinance, 1924.
(c) a certificate of ofreign registry or other document
similar or equivalent to that required in the case of a british
ship; or,
(d) in the case of a steamship not exceeding sixty tons
or a motor boat, a licence under section 37.
[2, 3, 4, 5, 6 and 7 rep. law revision ordinance 1924]
(8) every register or certificate, authorised or required
by this secrtion, may be proved in any court or before any
person having by law or by consent of parties authority to
receive evidence, either by the production of the original, or
by an examined copy thereof, or by a copy therfof purporting
to be certified under the hand of the registrar of shipping, or
other person who may happen to have charge of the original,
which certified copy he is hereby required to furnish to
every person applying at a reasonable time for the same, and
paying therefor the sum of one dollar; and every document
when so proved shall be received as prima facie evidence of
all matters therein recited, stated, or appearing.
As amended by law Rev. Ord, 1924.
9 and 10, rep. law revision ordinance, 1924
11, rep. no. 2 of 1903; 12, 13 and 14, rep. law
revision ordinace, 1924.
15 no prosecution shall be instituted under this section
except under the fiat of the attorney general.
part II
masters and seamen
certificates of competency.
4.(1) the name of a master, first, only, or second mate,
or first or second engineer shall not be attached to the register
or articles of agreement of any british ship, unless such
master, mate, or engineer possesses a certificate of service of
competency granted in the united kingdom under the
merchant shipping acts, or a colonial certificate of com-
petenc declared by any order of his majesty in council to
be of the same ofrce as if it had been granted under the said
acts.
(2) every british ship, and every foreign ship holding a
passenger certificate under section 10 shall, when leaving
any port of the oclony, be provided with officers who possess
certifcates of competency of a grade appropriate to their
stations in the ship or of a higher grade, according to the
following scale:
(a) in any case, with a duly certificated master;
(b) if the ship is of one hundred tons or upwards, with at
least one officer besides the master holding a certificate not
lower than that of only mate, of of second mate in the case
of a sailing ship of not more than two hundred tons, or of
mate of a river steamer, in the case of a river steamer;
(c) if the ship carries more than one mate, with at least the
first and second mates duly certificated;
(d) if the ship is a steamship of one hundred nominal
horspower or upwards, with at least two engineers, one of
whom shall be a first class and the other a first class or
second class engineer duly certificated; and
as amended by law rev., ord., 1924.
(e) if the ship is a steamship of less than one hundred
nominal horse-power, with at least one engineer who is a first
class or second class engineer duly certificated.
provided that every biritish river steamer exceeding sixty
tons but not exceeding three hundred tons, if such river
steamer does not carry more than twelve passengers, shall be
provided with a master who possesses a river trade certificate,
and also with an engineer who possesses a local certifivate
of competency from the harbour master.
procided also that every steam trawler or other fishing
vessel propelled by mechanical power other than oars or sails
regularly engaged in trawlong upon the high seas from the
colony shall also be deemed to comply with the requirements
of this sub-section if such vessel is provided with a duly
certificated trawling master or a master who possesses a river
trade certrificate and an engineer who possesses a local certi-
ticate of competnecy from the harbour master.
(3) every british river steamer not exceeding sixty tons
shall comply with the regulations contained in table E in
the schedule, and shall be provided with a master who
possesses a local certificate of competency from the harbour
master and also with an engineer who possesses a like
certificate.
(4) teh master of every british ship and of every foreign
ship holding a passenger certificate under section 10, leaving
or attempting to leave any prot of the colony without having
on board, and entered on teh register and articles of agree-
ment, officers possessing the certificates required by this
section shll be liable to a fine not exceeding five hundred
dollars; and it shall be lawful for the harbour master to
refuse a port clearance to any british ship, or to any foreign
ship holding a passenger certificate under section 10, in case
of onon-compliance with the provisions of sub-sections (2) and
(3) of this section; and if any ship to which this sub-section
refers leaves or attempts to leave any port of the colony
without a clearance, the master thereof shall be liable to a
fine not exceeding five hundred dollars.
(5) every person who, having been engaged in any of the
capacities mentioned in sub-sections (2) or (3) in any such
ship as aforesaid, goes to sea in that capacity without being
entitled to and possessed of such certificate as is required
by this section, and every person who emloys any person
in any of the above capacities in such ship without as-
certaining that he is entitled to or possessed of such
certificate as is required by this section, shall be liable to a
fine not exceeding two hundred and fifty dollars.
6, transferred to s. 41 by law revision ordinance,
1924.
(7) examinations shall be instituted for persons who wish
to procure colonial certificates of competency as masters,
mates, or engineers in the mercantile marine.
(8) the governor in council may lay down rules as to
the conduct of such examinations and as to the qualifications
of the applicants, and such rules shall be stirctly adhered to
by all examiners.
(9) when any person is desirous of obtaining a colonial
cerrifcate of competency as master, first, second, or only
mate, or engineer int eh mercantile marine, he shall give
notice in writing to that effect to teh harbour master, who
shall forward the same to the governor.
(10) it shall thereupon be lawful for the governor to
constitute and appoint a board of examiners to inquire into
the competency of such applicant, and such board shall
consist of three members, one of whom shall be the harbour
master, and of the remaining two one or both shall be
commissioned officers in the royal navy or masters or duly
qualified engineers in the british mercantile marine.
(11) on such appointment being notifed to the harbour
master, he shall summon the other members of the board to
attend at the harbour office for the purpose of examining
the applicant, at a day and at an hour to be named in such
summons, and shall also notify the applicant to attend
accordingly.
(12) every applicant for a colonial certificate of com-
petency shall, on lodging his application, pay to the harbour
master a fee, if for a master's or first class engineer's
certificate, of twenty dollars, and if for any other certificate,
of fifteen dollars.
(13). every member of the board, except the harbour
master, shall be entitled to receive out of the publice revenue
a fee of five dollars for the examination of each applicant.
(14) every applicant who has passed a satisfactory
examination, and has given satisfactory evidence of his
sobritey, experience, and general good conduct on board
ship, shall be entitled to receive, on the recommendation of
the board, a colonial certificate of competency signed by the
governor.
(15) colonial certificates of competency granted under
this section shall be subject to any regulations made under
any order of his majesty in council, with respect to the
use, delivery, cancellation, and suspension of colonial
cerrificates of competency.
(16) if a master, mate, or engineer proves, to the satis-
faction of the governor, that he has, without fault on his
part, lost or been deprived of a certificate already granted
to him under this section, the governor shall, and in any
other case may, on payment of such fee, if any, as he may
direct, cause a copy of the certificate to which, by the
reocrd kept, he appears to be entitled to be delivered to
him; and such copy shall have all the effect of the original.
(17) the master of a ship, on signing the agreement with
the crew before the superintendent of the mercantile marine
office, shall produce to him the certificates of competency
which the master, mates, and engineers of the ship are
hereby required to hold.
(18) every person who
(a) makes, assists in making, or procures to be made nay
false representation for the purpose of procuring, either for
himself or for any other person, a certificate of competency; or
(b) fraudulently uses a certificate or copy of a certificate
of competency which has been forged, altered, or cancelled,
or suspened, or to which he is not entitled; or
(c) fraudulently lends his certificate of competency or
allows it to be used by any other person.
shall be guilty of a misdemenaor.
engagement and discharge of seamen
5.(1) it shall be lawful for the governor to appoint
within the colony a place to be called the mercantile marine
office, at which place shall be conducted all the business
connected with the engagement and discharge of seamen on
board british ships, and foreign ships whose flag is not
represented by a consular officer resident in the colony.,
such ships being in the eaters of the colony, the harbour
master shall be the superintendent of the merchantile marine
office, the present mercantile marine office shall be
deemed to be the place appointed until the governor shall
appoint some other place.
(2) no seaman shall, except with the sanction of the
harbour master, be shipped to do duty on board a british
ship, or any foreign ship whose flag is not represented by
a consular officer resident in the colony, elsewhere than at
the mercantile marine office; and the superintendent shall
require such seaman to produce to him his certificate of
discharge from teh last ship, and, failing the production of
such certificate, such seaman shall be bound to give satis-
factory explanation to the harbour master of the cause of the
non-production thereof.
(3) the master of every british ship, and of every foreign
ship whose flag is not represented by a consular officer
resident in the colony, shall enter into an agreement with
every seaman whom he engages in the colony, and carries
to sea as one of his crew, in the form and manner provided
by the merchangt shipping acts.
(4) every master of any such ship who carries any seaman
to sea without entering into an agreement with him in accord-
ance with sub-section (3), shall be liable to a fine not exceed-
ing fifty dollars.
(5) such fees, not exceeding the sums specified in table 1
in the schedule as may be fixed by the governor in council,
shall be payable upon all engagements and discharges, and
the superintendent shall cause a scale of such fees to be
conspicuously placed in the mercantile marine office, and
As amended by Law Rcv. Ord., 19.24. Tho provisions of the Merchant Shipping
Act, 1894, and the Merchant Shipping Ordinance, 1899, With referealep to the
engagement of scamen and to agreements madc therewith by masters of ships
are not affected by the employers and Servants Ordinance, 1902. See, No. 45 of
1902, s. 26.
the Superintendent may refuse to proceed with any engage-
ment or discharge, unless the fees payable thereon are first
paid.
(6) every master of a ship engaging or discharging any
seaman at the mercantile marine office shall pay to the
Supeninendent the whole of the fees hereby inade payable
in respect of such engagement or discharge, and may, for
the purpose of in part reimbursing himself, deduct in respect
of eack such engagement or discharge from the wages of all
persons (except apprentices) so engaged or discharged and
retain any sums not exceeding the sums specified in that
behalf in table J in the schedule; provided that if in any
case the sum which the master is so entitled to deduct
exceeds the amount of the fee payable by him, such excess
shall be paid by him to the superintendent in addition to
such fee.
7(a) no master shall discharge in the colony any
seaman from any ship, british or foreign, without the sanc-
tion of the harbour master or of the consular officer, if any,
representing the nation to which such ship belongs, and
unless due provision is made for the subsistence and main-
tenance of such seaman, to the satisfaction of the harbour
master in the case of a british ship or of a foreign ship whose
flag is not represented in the colony by a ocnsular officer, or
to the satisfaction of such consular officer in the case of a
foreign ship whose flag is so represented; and every master
who discharges a seaman in contravention of this sub-section
shall be liable to a fine not exceeding one hundred dollars.
(b) every seaman, who wifully or neglignetly remains in
the colony after the departure of his ship shall be liable to
a fine not exceeding twenty-five dollars, or to imprisonment
for any term not exceeding one month.
(8) no seaman shall, except with the sanction of the
harbour master, be discharged from a british ship, or any
foreign ship whose flag is not represented by a consular
officer resident in the colony, elsewhere than at the mercantile
marine office, and every seaman discharged from a foreign
ship so represented shall, within twenty-four hours of being
discharged at the office of his consular officer, produce to the
harbour master a certificate of his discharge, signed by such
consular officer, and shall in default be liable to a fine not
exceeding twenty-five dollars and, in default of payment
thereof, to imprisonment without hard labour for any term
not exceeding twenty-one days,
whenwver any seaman is discharged at the mercantile
marine office from any ship within the colony, the master
of such ship shall give, at the time of such discharge, to
such seaman a written certificate of discharge, specifying
the time and nature of service and the time of discharge of
such seaman, signed by himself, and, if such seaman requires
it, shall further give him, within twenty-four hours after
demand, a true account in writing of the wages of such
seamna and of all deductions therefrom.
[10, rep no. 21 of 1922]
11. every master or any other person belonging to any
british ship who wrongfully forces on shore and leaves behind,
or otherwise wilfully and wrongfully leaves behind, in the
colony any seaman or apprentice belonging to such ship
before the completion of the voyage for which such seaman
or apprentice was engaged, shall be liable to a fine not
exceeding two hundred and fifty dollars, or to imprisonment
for any term not exceeding six months.
12. no seaman who has been actually shipped on board
any vessel in compliance with this ordinance shall, during
the time for which he is then shipped, be liable to be arrested
on civil process, unless the debt or demand exceeds the sum
of five hundred dollars: provided always that by the term
seaman in this sub-section shall be meant only a person who
has, within the space of six months previously, served on
board a ship for wages as a seaman, and that the protection
from arrest hereby granted shall not be held to extend to
any person not coming within such definition, or in any case
to masters, mates, or engineers,
boarding-houses for seamen.
6.(1) the harbour master shall hae power to license a
sufficient number of fit and proper persons to keep boarding-
houses for seamen, not being chinese; and every such licence
shall be countersigned by the colonial secretary, and shall be
granted for such period, not exceeding one year, and on such
terms and security, and shall be renewable on such conditions,
as the colonial secretary may appoint; and it shall be
as amended by las rev. ord., 1924
lawful for the colonial secretary to demand for every such
licence an annual fee of twernty-five dollars or at the rate
thereof, according to the term of such licence; and every
such house shall be for the reception of such number of
seamen only as may be expressed in the licence, under a
penalty of twenty-five dollars for each seaman lodged at one
time in excess of such number, and shall not be granted
until there have been constructed in the house to be licensed
suitable rooms, to be approved by the harbour master; and
no such boarding-house shall be a house licensed for hte sale
of intoxicating liquors, nor shall any charge for intoxicating
any seaman may be indebted, or stated to be indebted, to
any person; and every such boarding-house shall be open at
all times to the visit of any justice of the peace, or of the
harbour master, or of any inspector of police, the harbour
master amy refuse to grant any such lecence, and may limit
the number and descirption of seamen to be boarded in each
house, and may make regulations subject to the approval of
the governor, for the government of such houses, and may
by such regulations determine the charge to be made for
board and lodging; and a copy of such regulations shall be
hung up in each house for the inspection of the inmates;
offender shall be liable to a fine not exceeding twernty-five
dollars, and for a second offence may further be deprived, if
the keeper of such house, of his licence, licences issued
under this section shall be terminable on the 30th day
of November of each year.
(2) every person who, not having obtained a licence
required by sub-section (1), keeps a boarding-house for seamen,
shall be liable to a fine not exceeding one hundred dollars;
and the fact of more than one seaman boarding or lodging
in the house of any person shall be prima facie proof of the
keeping of a boarding-house for seamen by such person; but
seaman from having the whole or any part of any house for
the r4esidence of himself or his family and boarding himself
therein.
(3) every licensed keeper of a boarding-house ford seamen
shall cause daily to be entered in a book, in english, the
name and descirption of each seaman who has, on that day,
come to board or lodge at his house, and the name of each
seaman who has left his house on that day after being a
lodger or boarder therein, and such other particulars as the
harbour Master may direct; and every such keeper shall,
on the morning of Monday in each week, send to the Harbour
Master's office a list, copied from his book, of the seamen on
that day `boarding or lodging in his house, and of the seamen,
boarders or lodgers, who left his house on any or either of the,
intermediate days, 'and shall also particularise in such list
the seamen who wish for immediate employment, and place
opposite to the names of those last named the, warnes of the
ships froin which they were last discharged; and the flarbour
Master shall. keep the lists as furnished to him constantly in
view, and in a conspicuous part of the mercantile marine
Office, for the convenience of masters of ships requiring men,
and shall also post a similar manner, required to do so,
such notices for the supply of men by masters of ships as
the said masters may furnish. Any infraction of this sit])-
section shall render the boarding-howse keeper liable, to a
fine not exceeding twenty-five dollars.
(4) Nothing in this section shall prevent masters, mates
or engineers of ships from boarding elsewhere than at a
licensed boarding-house.
Distressed
7.-(1) All expenses incurred tinder the provislons of the
-Merchant Shipping Acts in the relief of distressed seamen
who, at, the time of such relief being, granted, have last
,served in a ship registered in the Colony, and all
incurred in the United Kingdom in relieving and returning
to the Colony all distressed seamen who last served in such
ship, shall be borne by the revenue of' the Colony.
(2) It shall be lawful for the Governor to order the pay-
ment out of the general revenue of all expenses in
the Colony for the relief of such seanien as aforesaid, iinder
the provisions of the said Acts or of any regulations in that
behalf which may be made by the Governor in Council.
(3) It shall be lawful for the Governor to order the
ment out of the general revenue of all sums expendeol under
the provisions of the said Acts by the Imperial Government,
or by the Shipwrecked Mariners Society or by the Govern-
ment of any British colony, or by any British consular officer
As amended by Law Rev. Ord, 1924.
in any foreign country, in and about the relief of such seamen
as aforesaid, and such sums shall be refunded in such manner
as the governor may think fit or as a secretary of state may
direct.
health and accommodation
8.(1) the owner, agent, or master of every british ship
navigating between the colony and any place out of the
same shall cause to be kept on board such ship a supply of
medicines and medical stores, in accordance with the scale
appropriate to such ship as laid down in the published scales
of medicines and medical stores issued by the board of
trade and a copy of the boook or books issued by the said
board containing instructions for dispensing the same, and
also a sufficient quantity of anti-scorbutics, to be served out
to the crew, of proper quality and in accordance with the
requirements of the merchant shipping acts.
(2) the owner, agent, or master of any such ship who
wilfully refuses or neglects to provide and keep on board
such medicines, medical stores, books of instructions, and
anti-scorbuties as are by this section required shall be guilty
of a misdemeanor, and shall be liable to a fine not exceeding
two hundred dollars.
(3) it shall be the duty of the health officer of the port
to inspect the medicines, medical stores, and anti-scorbutics
of any british ship navigating between the colony and any
place out of the same, and, if such articles are deficient in
quantity or quality or are placed in improper vessels, he
shall give notice to the master of the ship and to the harbour
master; and the harbour master shall, before granting a
clearance to such ship, require a certificate from the health
officer that the default has been remedied, and, if such
certificate is not produced, the ship shall be detained until
the certificate is produced, and if the ship porceeds to sea,
the owner, consignee, or master of the ship shall be liable
to a fine not exceeding two hundred dollars
(4) the master of any ship, before shipping any seaman,
may require that suchseaman shall be inspected by the
principal civil medical officer, who, on such inspection, shall
give a certificate under his hand as to the state of health of
such seaman, which certificate such seaman shall produce
as amended by law, rev. ord., 1924
and show to the master of the ship in which he may be
about to serve; adn for every certificate there shall be paid
the fee of fifty cents, to be paid by the agent or master of the
ship in case such seaman proves to be in sound health, or by
the seaman himself in case he shall prove to be affected with
any contagious disease, or by the boarding-house keeper
with whom such seaman is residing, in case such boarding-
house keeper shall have failed to report the state of health
of such seaman in accordance with the requirements of sub-
section (5).
(5) every keeper of a licensed boarding-house for seamen,
in the list of seamen resident in his house which he is
required to furnish to the harbour master, shall report as to
the state of health of each sea,an, so far as he may be able
to ascertain the same; and every seaman who is reported, or
is otherwise discovered, to be affected with a contagious
disease shall be removed, by warrant under the hand of the
harbour master, to a hospital, where he shall be kept until
he is discharges as cured, and has obtained a certificate of
his having been so discharged, which certificate he shall
produce and show to the harbour master, when required to
do so; and the expenses which may be incurred in and
about the maintenance and treatment of any such seaman in
such hospital shall be a debt due to the crown, and shall be
paid by such seaman; or, in case the keeper of the boarding-
house in which such seaman has resided before his removal
to hospital has not reported, or has made a false report, as
to the state of health of such seaman, then such expenses
shall be paid by such boarding-house keeper, in case it
appars to and is certified by the medical officer in charge
of the hospital to which such seaman is removed, or by an
asistant surgeon, that the disease with which he is affected
' is of such a nature as that the keeper of the boarding-house
could, with ordinary and reasonable observation, have
ascertained its existence; and in every case such expenses
shall, in caseo fono-payment, be sued for and recovered by
the harbour master on bahalf of the hospital.
(6) every seaman sho
(a) being affected with a contagious disease, refuses or
neglects to inform the keeper of the boarding-house in which
he is residing of the fact of his being so affected; or
(b) being affected with a contagious disease, refuses to be
removed, or offers any hindrance or obstruction to his
removal, to a hospital uner the provisions of this section; or
(c) having been removed to a hospita, attempts to leave
the same before hs is properly discharged as cured; or
(d) having been dishcarged as cured, refuses to produce
his certificate of discharge when required by the harbour
master to do so.
shall be liable to a fine not exceeding twenty-five dollars, or
to imprisonment for any term not exceeding one month.
(7) in the event of the death of any of the crew, passengers,
or other persons on board of any ship in the waters of the
colony, or of the desertion of any of the crew of any british
ship or of any foreign ship whose flag is ot represented by
a consular officer resident in the colony, or in the event of
the death of any of the crew, passengers or persons on board
of any ship in the course of a voyage to the colony, the
master of such ship shall, forthwith or on the arrival of the
ship in the colony, as the case may be, report the same to
the harbour master, and, in default, shall be liable to a fine
not exceeding twenty-five dollars for every death or desertion
which he may neglect to report.
(8) if any ship carrying passengers is found, on arrival
in hte colony, to be in a filthy adn insanitary condition, the
master of the ship shall be laible to a fine not exceeding five
hundred dollars, It shall be the duty of the health officer
of the port to inspect every such ship on its arrival in order
to ascertain the sanitary condition thereof.
discipline.
9.(!)(A) if any seaman or apprentice belonging to the
crew of any british ship deserts therefrom or absents himself
from his duty while the ship is within the waters of the
colony,it shall be lawful for any police office, of for the
master or person in charge of the ship, or for any one
specially deputed by such master or person in charge to
arrest such seaman or apprentice without warrant and convey
;him before a magistrate; and in case wuch seaman or
apprentice refuses to return to his duty on board the ship or
as amended by law rev. ord., 1924
does not give a sufficient reason for such refusal, the
magistrate may order such seaman or apprentice to be put
forcibly on board the ship or to be confined in any gaol or
other place of security within the colony, for any period,
until he can be put on board the ship when the ship leaves
the port or until he is demanded by the master of the ship:
provided always that the said period of ocnfinement shall not,
in the absence of such departure or demand, exceed three months.
(b) If any seaman or apprentice deserts, when within the
-waters of the Colony, from a merchant ship belonging to a
subject of any foreign country to which all Order in Council
has declared that section 238 of the merchant Shipping Act,
1894, shall apply, any court, justice, or officer who would.
have had cognizance of- the matter if the seaman or ap-
prentice had deserted front a British ship shall, on the
application of a consular officer of the foreign country, aid
in apprehending the deserter, and for that purpose may, on
information given upon oath, issue a warrant for his
hension, and, oil proof of the desertion, ot.der hLin to be
conveyed on board his ship or delivered to the inaster ol.
mate of his ship, or to the owner of the ship or his to
be so conveyed ; and any such warrant or order may be
executed accordingly. every person who harbours or secretes
any deserter liable to be apprehended under this sub-section,
knowing or having reason to believe that he has deserted,
shall be laible to a fine not exceeding one hundred dollars.
It shall be lawful for a magistrate, on complaint of the
master of any British ship to the effect that lie has reason-
able cause to believe that any seaman who has deserted
while sneli ship is within the waters of the Colony is
harboured, secreted, or concealed, or suspected to be har-
boured, secreted, or concealed, on board any other ship, boat,
or other vessel or in any house or place whatsoever, to issue
a warrant directing a constable to search such ship, boat, or
other vessel, or sitch house or place, and to lodge sneh
seanian in any police station; and every such seamn shall,
with all convenient speed, be brought before a magistrate, to
be dealt with as is hereinbefore directed.
(3) Every person who-
(a) harbours, conceals, employs or retains, or assists in
harbouring, concealing, employing or retaining, any
belonging to the crew of any british ship who has deserted
therefrom or otherwise absconded or absented himself from
duty, while such ship is within the waters of the colony
knowing such seaman to have deserted, absconded or
absented himself from duty ; or
(b) causes, induces or persuades, or attempts to cause,
induce or persuade, any such seaman in any manner what-
soever to violate or to attempt to violate any agreement
which he may have entered into to serve on board any such
ship, or
(c) knowingly connives at the desertion, absconding or
absence from duty of any stich seaman,
shall. be liable to a fine not exceeding two hundred and lifty
dollars, or to imprisoninent for any term not exceeding six
months.
(4) The Harbom. Master, before granting a port clearance
to any ship, may,-, if lie has reasonable grounds for believing
that ally deserter is concealed on board. of such ship, proceed
on board thereof, and then and there require the master to
instituite due and diligent search for such deserter, and
further, if he deems it necessary, require the master to make
a statutory declaration that to the best of his knowledge and
bellef, after due and diligent searell, no such deserter is
concealed within. or about his ship ; and every master of a
ship who refuses or unnecessarily delays to comply with such
requisition shall be liable to a fine not exceeding two hundred
dollars ; and every master of a ship who makes any such
statutory declaration containing any false statement shall be
guilty of a misdemeanor.
(.5) Every seaman lawfully engaged, and every apprentice
to the sea service, who commits any of the following offences
within the waters of the Colony, shall he liable to be punish-
ed as follows:-
If he deserts from his ship, he shall be guilty of the
offence of desertion, and be liable to forfeit all or any part
of the effects which he leaves on board and of the wages
which he has then earned and also to satisfy any excess of
wages properly paid by the owner or master of the ship to
any substitute engaged in his place at a higher rate of wage
than the rate stipulated to be paid to him; and also he shall
be liable to Imprisonment for any term not exceeding twelve
weeks;
(b) if he neglects, or refuses without reasonable cause, to
join his ship or to proceed to sea in his ship, or is absent
without leave at any time within twenty-four hours of the
ship's sailing from the colony, either at the commencement
or during the progress of a voyage, or is absent at any time
without leave and without sufficient reason from his ship or
from his duty, he shall, if the offence does not amount to
desertion or is not treated as such by the master, be guilty
of the offence of absence without leave, and be liable to
forfeit ourt of his wages a sum not exceeding two days pay,
and in addition, for every twenty-four hours of absence,
eigher a sum not exceeding six days pay or any expenses
properly incurred in hiring a substitute; and also he shall
be liable to imprisonment for any term not exceeding ten
weeks.
(c) if he quits his ship without leave after the ship's arrival
and before the ship is placed in security, he shall be liable to
forfeit out of his wages a sum not exceeding one month's pay;
(d) if he is guilty of wilful disobedience to any lawful
command, he shall be liable to imprisonment for any term
not exceeding four weeks, and also to forfeit out of his
wages a sum not exceeding two days pay;
(e) if he is guilty of continued wilful disobedience to
lawful commands or continued wilful neglect of duty, he
shall be liable to imprisonment for any term not exceeding
twelve weeks, and also, at the discretion of the court, to
forfeit, for every twenty-four hours continuance of dis-
obedience or neglect, either a sum not exceeding six days
pay or any expenses properly incurred in hiring a substitute.
(f) if he assaults the master or any mate or certificated
engineer of the ship, he shall be liable to imprisonment for
any term not exceeding twelve weeks.
(g) if he combines with any of the crew to disobey lawful
commands, or to neglect duty, or to impede the navigation
of the ship or the progress of the voyage, he shall be liable
to imprisonment for any term not exceeding twelve weeks; and
(h) if he wifully damages the ship, or embezzles or
wifully damages any of the stores or cargo, he shall be
liable to forfeit out of his wages a sum equal to the loss
thereby sustained, and also, at the discretion of the court, to
imprisonement for any term not exceeding twelve weeks.
provided that, in the case of a foreign ship, the magistrate
may only deal iwth cases arising out of the offences
mentioned in paragraphs d, e, f and g: provieded
also that, if there is a consular officer resident in the
colony of the nation to which such ship belongs, the
magistrate shall not deal iwth any case, unless he is
requested to do so by such officer in writing, and unless
such officer undertakes that any such seaman shall not
become a charge on the colony in consequence of being so
dealth with.
(6) all expenses incidental to the apprehension and
confinement of any seaman or apprentice under this section
shall be payable by the master of the ship to which such
seaman or apprentice belings and he recoverable from him.
at the suit of the captain superintendent of police, as a
for every such seaman or apprentice confined in prison
shall be paid in advance to the superintendent of prisons.
and, in default of such payment, the superintendent of
prisons may release such seaman or apprentice: provided
that every seaman or apprentice imprisoned under this
section may, by direction of the committing magistrate, be
sent on board his ship or may be placed at the disposal of
the consular his ship or may be placed he dealth with the case,
on the written application of such officer, either on or before
the expiration of his term of imprisonment.
part III
passenger ships
surveys
10.(1) in this part, passenger ship means every
ship exceeding sixty tons register carrying passengers from,
to, or between places in the waters of the colony.
(2) every passenger ship which carries more than twelve
passengers shall be surveyed once at least in each year in
the manner provided in this section, except
(a) british ships which have from the united kingdom
or from any british possession passenger certificates or
servey and other certificates equivalent to those required
under this section, the same being in force and applicable,
as amended by law rev. ord., 1924..
and which have been issued under the provisions of the
Merchant Shipping Acts or any enactment in force in any
british possession; and
(1) Foreign ships which have front their own country, or
from the country from whose flag they have been trans-
ferred, or from any British possession passenger certificates
or survey and other certificates equivalent to those required
In the case of British ships. : Provided that, 'In the event of
any question arising as to the sofficioney of any foreign
certificate to protect the ship holding the same from survey
under this section, such question shall be referred for
settlement to the Governor in Counell, whose decision
thereon shall. be final.
(3) No passenger ship which carries more than twelve
passengers shall clear out or proceed on any voyage from
the Colony unleqs the master has the certificate as to
survey required under this Part, the same being in force
and applicable to the voyage, on which the ship is about
to proceed, or, in the case of a foreign ship, certificates
equivalent to those required in the case of a british ship.
Any passenger ship attempting to go to sea may be
detained until such certificates as aforesaid are produced
to the Harbour Master.
(4) The Governor may appoint such number of fit and
proper persons to be Government surveyors for the purposes
of this Ordinance as he may think proper, and appol tit their
duties, and may remove any of them, and may fix the
remuneration to be received by them.
(5) Tt shall be lawful for the said surveyors, in the execu-
tion of their duties, to go on board any ship to which this
section applies, at all reasonable times, and to inspect the
same or any part thereof, or any of the machinery, boafs,
equipments, or articles on board thereof, or any certificates
of the master, mate, or engineer, to which the provisions of
the merchant Shipping Acts or any Ordinance apply, not
unnecessarily detaining or delaying the ship from proceeding
on any voyage; and if, in consequence of any accident to
any such ship or for any other reason, they consider it
necessary to do so, to require the ship to be taken into dock
for the purpose of surveying the hull thereof; and ever person
who hinders any stich surveyor from going on board any
such ship, or otherwise impedes him in the execution of his
duty under this Ordinance, shall be liable to a fine not
exceeding twenty-five. dollars.
(6) It shall be lawful for the Governor in Council to make
regulations as to the manner in which the surveys herein-
after mentioned shall be made, and as to the notice to be
given to the surveyors when surveys are required., and as to
the amount and payment of the fees due and of am expenses
incurred -by such surveyors in the execution of their duties,
and may diereby determine the person by and to whom and.
the conditions under which such payment shall be made;
and, until such regulations are made the said surveyors shall
execute them duties In accordance with the instructions to
Surveyors issued by the Board of Trade.
(7) Every surveyor who deniands or receives, directly or
indirectly, from the owner, agent, or master of any ship
surveyed by him under the provisions of this Ordinance or
from any other person, and every such owner, agent, master,
or other person who offers or gives any fee or re, mu tie ration
whatsoever (otherwise than is permitted by this Ordinance)
to any such surveyor for or in respect of such survey shall
be liable to a fine not exceeding two hundred and lifty dollars.
(8) The owner, agent, or master of every passenger ship
being within the waters of the Colony shall, where such
ship comes within the ineaning of this section, cause the
same to be surveyed by one or more of the Government
surveyors, who shall thereupon, if satisfied that it can
properly be done, give to such. owner, agent, or master
declarations as follows:-
(a) A declaration containing statements of the following
particulars
(i) that the hull of the ship is sufficient for the service
intended and in good condition;
(ii) that the boats, rafts, life-buoys, or other appliances for
saving life, lights, signals, compasses, and shelter for deck
passengers, and the certificates of the master and mate or
mates, are such and in such condition as are required by
law ;
(iii) the time (if less than twelve months) for which the
said hull and equipments will be sufficient;
(iv) the limits, if any, beyond which, as regards the hull
and equipinents, the ship is, in the judgment of he surveyor,
not fit to ply; and
(v) with reference to all passenger ships not coming with
in the Provision of the chinese Passengers Act, 1855, or of
the asiatic emigration ordiance, 1915, if plying or
intended to ply for hire, the number of passengers which
such ship is, in the judgment of the surveyor, fit to carry,
distinguishing, if necessary, between the respective numbers
to be carried on the deck and in the cabins, and in the
different parts of the deck and in the cabins; such numbers to be
subject to such conditons and variations, according to the
time of year, the nature of the voyage, the cargo carried, or
other circumstances as the governor in council may direct,
by any regulations to be made by him for this purpose; and
(b) a further declaration containing statements of the
following particulars:
(i) that the boilers and marchinery of the ship are sufficient
for the service intended and in good condition.
(ii) the time (if less than twelve months) for which such
boilers and marchinery will be sufficient.
(iii) that the safety valves and fire hose are such and in
such condition as are required by this ordinance.
(iv) the limit of the weight to be placed on the safety valves;
(v) the limits, if any, beyond which, as regards the
boilers and machinery, the ship is, in the judgment of the
surveyor, not fit to ply;
(vi) that the certificats of the engineer or engineer are
such and in such form as are required by law; and
(vii) in the case of a british ship, that the ship is duly
marked with deck and load-lines in accordance with section
14 of this ordinance or with the merchant shipping acts:
and such declarations shall be in such form as the governor
may direct.
(9) the said owner, agent, or master shall transmit such
declarations to the colonial secretary within fourteen days
after the dates of the receipt thereof respectively; and in
default shall forfeit a sum not exceeding two dollars for
every day that the sending of such declarations is delayed;
and such sum shall be paid on the delivery of the certificate
hereinafter mentioned, in addition to the fee payable for the
same, and shall be applied in the same manner as such fees;
and if the declarations are not transmitted tot he colonial
secretary within twenty-eight days, the fees and forfeitures
shall be recoverable as a debt due to the crown.
(10) on the receipt of such declarations, the governor shall,
if satisfied that the provisions of this section have been
complied with, cause a certificate in duplicate to be prepared
an issued to the effect that the porvisions of the law with
respect to the survey of the ship and the transmission of
declarations in respect thereof have been complied with;
and such certificate shall state the limites, if any, beyond
which, according to the declaration of the surveyor or
surveyors usch ship is not fit to ply, and shall also contain a
statement of the number of passengers which, according to
the declaration of the surveyor or surveyors such ship is fit
to carry, distingusihing (if necessary) between the respective
numbers to be carried on the deck and in the cabins, such
number to be subject to such conditions and variations,
according to the time of the year, the nature of vayage, the
cargo carried, and other circumstances as the case may
require.
(11) the colonial secretary shall transmit such certificate
in duplicate to the harbour master, who shall deliver the
same to the owner, agent, or master, on his applying and
paying the balance of the fee and other sums, if any, herein
mentioned as payable in that behalf.
(12) if a ship-owner feels aggrieved
(a) by a declaration of a surveyor or surveyors under this
section, or by the refusal of a surveyor to give the said
declaration; or
(b) by the refusal of a certificate fo clearance for an emi-
grnat ship under the chinese passengers act. 1855, or the
asiatic emigration ordinance, 1915; or
(c) by the refusal of a certificate of clearance under this
ordinance,
the owner, agent, master, or charterer may appeal, in the
manner prsecribed by the regulations in table H in the
schedule to a court of survey constituted under this ordi-
nance, and, upon the constitution thereof by the governor,
such court may make such order with respect to the cossts of
any such investigation as it thinks fit, and such costs shall
be paid accordingly, and shall be recoverable in the same
manner as costs in summary proceedings before any
magistrate.
(13) on such appeal, the court of survey shall report to
the governor on the question raised by the appeal, and the
governor, when satisfied that the requirements of the report
and the provisions of the enactments haven been complied
shall follow the event.
(15) where the survey of a ship is made for the purpose
of a declaration under sub-section (8), the person appointed
to make the survey shall, if so required by thw owner, agent,
or charterer, be accompanied on the survey by some com-
petent person appointed by the owner, agent, or charterer,
to be approved by the governor, and in such case, if the
said two persons agree, there shall be no appeal to the court
of survey in pursuance of this section.
16. it shall be lawful for the owner, agent, master, or
charterer of any ship preferring an appeal under this section
or under section 17(5)(d) or (e), in and by the notice of
appeal requireed by the regulations inthe said table H, to
give notice that he objects to the marine magistrate being a
member of the court of survey, stating the grounds of his
objection, and thereupon the harbour master shall forthwith
forward such notice to the governor, who may, in his discre-
tion, direct that the marine magistrate shall not be a mem-
ber of the court of survey.
(17) the owner, agent, or master of every ship requiring
a certificate under this section shall pay for every cerrtificate
granted by the govenrnor the fees mentioned in table C in
the schedule.
(18) no certificate shall be held to be in force for the
purposes of this sectio nbeyond a period of twelve months
from the date of its issue or any shorter time specified in the
certificate; and no certificate shall be in force after notice is
given by the governor to the owner, agent, or master of the
ship to which the same relates that he ahs cancelled or revoked
the same; provided that if any ship is absent from the
colony at the time of expiry of any certificate granted under
this section, no penalty shall be incurred under this section
until the said ship commences a voyage after the next sub-
sequent return to the colony. the governor may require
any certificate which has expired or has been revoked or
cancelled to tbe delivered up as he directs, and every owner,
agent, or master who, without reasonable excuse, refuses or
neglects to comply with such requirement shall be liable to
a fine not exceeding fifty dollars.
(19) the govenror may revoke and cancel any such
certificate in any case in which he has reason to believe
(a) that the declarations of the sufficiency and good
condition oif the hull, equipments, and machinery of the ship
have been fraudulently orerroneously made; or
(b) that such certificate has otherwise been issued upon
false or erroneous information; or
(c) that, since tha making of such declarations, the hull,
equipments, or machinery of the ship has or have sustained
any injury or is or are othwewise insufficient'
and in every such case the govenor may require the owner
to have the hull, equipments or machinery of the ship again
surveyed, and to transmit a further declaration or declarations
of the sufficiency and good condition thereof, before re-issuing
any certificate or granting a fresh one in lieu thereof.
(20) the owner, agent, or master of every such ship shall
forthwith, on the transmission of any such certificate as
aforesaid to him or his agent, cause on eof the duplicates
' thereof so transmitted to be put up in some conspicnous part
of the ship, so as to be visible to all persons on board the
same, and shall cause it to be continued so put up so long as
such certificate remains in force and such ship is in use;
and in default such owner, agent, or master shall be liable
to a fine not exceeding fifty dollars.
(21) the said surveyor or surveyors shall from time to
time make such returns to the governor as he may require
with respect to the build, dimensions, draught, burden, rate
of sailing, room for fuel, and the nature and particulars to
machinery and equipment of every ship surveyed by him or
them; and every owner, master. and engineer of any such
ship shall, on demand, give to such surveyor or surveyors all
such information and assistance within his power as he or
they may require for the purpose of such returns ; and every
such owner, masterm or engineer who, on being applied to for
that purpose, wilfully refuses or neglects to give such
information or assistance, shall be liable to a fine not exceeding
twenty-five dollars.
[22, rep. no. 21 of 1922]
(23) when any passsenger ship has sustained or caused
any accident occasioning loss of life or has received any
material damage affecting the seaworthiness or the efficiency
thereof; either in the hull or in any part of the machinery, the
master shall, within twenty-four hours after the happening of
the accident or damage, or as soon therafter as possible,
report the same by letter to the harbour master, and in
default, iwthout reasonable excuse thereof, he shall be liable
to a fine not exceeding five hundred dollars.
(24) if the porvisions of this part, which require a passenger
ship to be surveyed and to have a passenger certificate, are
not complied iwth in the case of any such ship, the master or
owner shall, without prejudice to any other remedy or penalty
under this ordinance, be liable to a fine not exceeding one
hundred dollars for every passenger carried from or to any
place in the waters of the colony.
(25) the owner or master of any passenger ship shall not
receiver or have on board thereof or on or in any part thereof
at any place iwthin the waters of the colony any number of
passengers which, having regard to the time, occasion, and
circumstances of the case, is greater than the number allowed
by the passenger certificate, and if he does so he shall be
liable to a fine not exceeding two hundred dollars, and also
to an additional fine not exceeding five dollars for every
passenger above the number so allowed.
general equipment
11.(10- every passenger ship of which a survey is
required by section 10 shall
(a) be porvided (if a steamship) with a safety valve upon
each bioler, so constructed as to be out of the control of the
engineer when the steam is up, and, if such valve is in
addition to the ordinary valve, it shall be so constructed as
as amended by law rev. ord., 1924.
to have, an area not less, and a pressure not greater, than
the area of an pressure on that valve;
(b) have the ship's compasses properly adjusted from
time to time, such adjustment to be made to the satisfaction
of the government surveyor or surveyors and according to
such regulations as may be issued by the governor;
(c) be provided with a hose adapted for the purpose of
extinguishing fire in any part of the ship and capable of
being connected with the engines of the ship.
(d) be provided with means for making the signals of
distress at night specified in article 31 of the international
collision regulations, including a proper supply of lights
inextinguishable in water and fitted for attachment to life-
buoys; and
(e) be porvided (if a ship not coming within the provisious
of the chinese passengers act, 1855, or of the asiatice
emigraton ordinance, 1915) with such shelter for the
protectionof deck passengers, if any, as the governor in
council, having regard to the nature of the passage, the
number of deck passengers to be carried, the season of the
year, the safety of the ship, and the circumstances of the
case, may require.
(2) if any such passenger ship as aforesaid goes to sea
from any port of the colony without being so provided as
hereinbefore required, then, for each default in any of
the above requisites, the owner shall (if he appears to be in
fault) be liable to a fine not exceeding five hundred dollars,
and the master shall (if he appears to be in fault) be liable
to a fine not eceeding two hundred and fifty dollars.
(3) if any requirement of this section or of table D in the
shcedule is ot complied with in the case of any passenger
ship, the harbour master shall not grant a clearance, and if
any such ship attempts to go to sea without a clearance, the
harbour master may detain her.
(4) every person who places an undue weight on teh safety
valve of any steamship or increasese such weight beyond the
limites fixed by the government surveyor, shall, in addition
to any other liabilities, be liable to a fine not exceeding five
hundred dollars.
penalties for carrying passengers in excess of numbers
allowed by certificate or clearance.
12.(1) the master of every ship shall, on application
to the harbour master for a port clearance, state the number
of passengers he purposes to carry on the then projected
voyage; adn if such number is in excess of the number
allowed by the passenger certificate, or exceeds twelve in
the case of a ship which is not provided with a passenger
certificate, the harbour master may refuse clearance, any
master who wilfully misrepresents the number of passengers
so about to be carried, or leaves or attempts to leave any
port of the colony without a clearance, shall be liable to a
fine not exceeding two hundred and fifty dollars.
(2) the master of any ship who, after having obtained a
port clearance, leaves or attempts to leave the waters of the
colony iwth any number of passengers greater than that
allowed by the clearance shall be liable to a fine not
\ exceeding five dollras for every such passenger in excess of
the number permitted ot be carried by the clearance,
(3) when the master of any ship has become liable under
the provisons of sub-section (2) to the penalty therein
mentioned, the owner, agent or consignee of such ship shall
be liabel to a like penalty, unless he proves that such
passengers were shipped without his knowledge or consent
and that he derived no profit, benefit, or advantage form the
shipping of ushc passengers.
(4) it shall be lawful for the harbour master to refuse
a clearance to any ship carrying more than twelve passengers,
except on the productionof the passenger certificate (being
a certificate then in force and applicable), and he may
detain such ship until such certificate is produced.
(5) it shall be lawful for the governor in council to
prohibit the conveyance of deck passengers by any ship.
part iv
safety
life-saving appliances
13.(1) it shall be lawful for the governor incouncil to
make regulations with respect to the following matters:
as amended by law rev. ord., 1924.
(a) the arranging of ships into classes, having regard to
the service in which they are employed, the nature and
duration of the voyage, and the number of persons carried;
(b) the number and descirption of the boats., life-boats,
life-rafts, life-jackers, and life-buoys to be carried by british
ships according to the class in which they are arranged and
the mode of their construction, also the equipments to be
carried by the boars and rafts, and the method to be provided
to get the boats and other life-saving apparatus into the
water; and
(c) the quantity, quality, and description of buoyant
\ apparautes to be carried on board ships carrying passengers
either in addition to or in substitution for boats, life-rafts,.
life-jackets, and life-buoys.
(2) it shall be the duty of the owner and master of every
british ship exceeding sity tons to see that his ship is
proveded, in accordance with the regulations in table A in the
schedule, with such life-boats, jackets, and other appliances
for saving life at sea as, having regard to the nature of the
service in which the ship is employed and the avoidance of
undue incumbarance of the ship's deck, are best adapted for
securing the safety of her crew and passengers.
(2A) sub-sections (2) and (3) shall not apply to any british
ship which already complies with the provisions of the mer-
chant shipping acts with respect to life-saving apliances.
(3) in the case of any ship-
(a) if the ship is required by the regulations for life-saving
appliances to be provided with such appliances and proceeds
on any voyage or excursion without being so provided in
accordance iwt the regulations 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 excursion; or
(d) if such appliances are not kept so as to be at all times
fit and ready for use.
then the owner of the ship (if in fault) shall be liable to a
fine not exceeding five hundred dollars, and the master of the
ship (if in fault) shall be liable to a fine not exceeding two
hundred and fifty dollars.
(4) any surveyor appointed under this ordinance may
inspect any ship for the purpose of seeing that such ship is
propertly provided with applicances for saving life at sea in
conformity with this ordinance.
(5) if any such surveyor finds that any ship is not so
provided, he shall give to the owner or master notice in
weiting, pointing out the deficiency and also what is, in his
opinion, requisite to remedy the same.
(6) the harbour master shall not grant a clearance for
any ship hereinbefore required to be provided with boats,
life-jackets, and other appliances for saving life, unless the
same are duly so provided; and if any such ship attemtps
to go to sea without such clearance, the harbour master may
detain her until she is so provided.
(7) the master of every british ship shall enter or cause
to be entered in the official log-book, a statement, or if there
is no official log-book, cause a record to be kept of every
occasion on which boar drill is practised on board the ship,
and on which the life-saving appliances on board the ship
have been examined for ;the purpose of seeing that they are
fit and ready for use.
(8) the master shall, if any when required by any officer
of the harbour department, produce for inspection any such
entry or record.
(9) if the master fails to comply with any requirement of
sub-sections (7) and (8), he shall be liable to a fine not
exceeding one hundred dollars.
provided always that sub-sections (1) to (6) shall after a day
to be notified inthe gazette, apply to all foreign ships while
within the waters of the colony to the same extent as they
apply to british ships; provided also that the said sub-
sections shall not apply to any ship of a foreign country with
regard to which his majesty has by order in council
declared that the provisions in force in that country relating
to life-saving appliances appear to his majesty to be as
effective as those of the merchant shipping acts relating to
such appliances, on proof that such former provisions are
complied with in the case of that ship.
Deck and load-lines.
14.(1) all ships in the waters of the colony (except ships
under twenty-five tons not carrying cargo, pleasure yachts,
ships not trading or plying for hire, and ships employed solely
as tugs) shall be permanently and conspicuously marked with
lines of not less than twelve inches in length and one inch
in breadth, painted longitudinally on each side amidships or
as near thereto as is practicable, and indicating the position
of each deck which is above water, subject to the following
provisions;-
(a) the upper edge of each of the deck-lines must be level
with the upper side of the deck plank next the waterway at
the place of marking; and
(b) the deck-lines must be white or yellow on a dark
ground or black on a light ground.
in this sub-section amidships means the middle of
the length of the load water-line as measured from the fore
saide of the stem to the aft side of the stern-post.
(2) the owner, agent, or master of every ship in the waters
of the colony (except ships under twenty-five tons not carry-
ing cargo, pleasure yachts, ships not trading or plying for
hire, and ships employed solely as tugs) shall, before clear-
amidships within the meaning of sub-section (1) or as near
thereto as is practicable, in white or yellow on a dark ground
or in black on a light ground, a circular disc twelve inches
in diameter, with a horizontal line eighteen inches in length
drawn through its centre, subject to the following pro-
wisions:-
(a) the centre of the disc shall be placed at such level as
may be approved by the governor below the deck-line
marked under this section and specified in the certificate
given thereunder, and shll indicate the maximum load-line
in salt water to which it shall be lawful to load the ship: and
(b) the position of the disc shall be fixed in accordance
with the tables of freeboard contained in the instructions
to surveyors issued by the board of trade.
as amended by law rev., ord. 1924
(3) every owner or master of a ship (except ships under
twenty-five tons not carrying cargo, pleasure yachts, ships
not trading or plying for hire, and ships employed solely as
tugs), being within the waters of the colony, who neglects
to cause such ship to be marked with deck and load-lines or
to keep such ship so marked, or who allows such ship to be so
loaded as to submerge in salt water the centre of the disc,
and every person who conceals, removes, alters, defaces, or
obliterates, or suffers any person under his control to conceal,
remove, alter, deface, or obliterate, any of the said marks,
except in the event of the particulars thereby denoted being
lawfully altered, or except for the purpose of escaping
capture by an enemy, shall be liable to a fine not exceeding
five hundred dolllars.
(4) if any of the marks required by this section are in any
respect inaccurate so as to be likely to mislead, the owner or
master of the ship shall be liable to a fine not exceeding five
hundred dollars.
(5) if a ship is so loaded as to submerge in salt water the
centre of the disc indicating the load-line, the ship shall be
deemed to be an unsafe ship within the meaning of the
provisions of section 17, and such submersion shall be a rea-
senable and probable cause for the detention of the ship.
(6) the owner, agent, or master of a ship required to be
marked with deck and load-lines, shall also, on clearing the
ship deliver to the harbour master a statement in writing of
the distance in feet and inches between the centre of the disc
and the upper edge of each of the lines indicating the
position of the ship's deck which is above that centre, if
default is made in delivering this statement in the case of
any such ship, the harbour master may refuse to clear the ship.
(7) the governor may appoint the government marine
surveyor or any other person specially selected by him for
that purpose, to approve and certify on his behalf the
position of any disc indicating the load-line and any altera-
tion thereof, and the govenror in council may appoint fees
to be taken in respect of any such approval or certificate.
(8) every ship to which this section applies and upon which
a disc indicating the load-line has been marked shall be kept
so marked until the said ship next returns to the colony.
[9, rep law revision ordinance, 1924]
provided that this sectoin shall not apply to any ship of a
foreign country before a day to be notified in the gazette,
without prejudice, however, to the power of his majesty
previously to apply the provisions of the merchant shipping
acts relating to deck and load-lines to ships of any foreign
country if the government of that country so desire under the
merchant shipping acts, in which event this sectoin shall
apply forthwith to ships of such country.
provided also that this section shall not apply to any ship
of a foregin country with regard to which his majesty in
council has under section 445 of the merchant shipping
act, 1894, directed that ships of that country shall not be
liable to detention, fine, or penalty on proof that such ship
has complied with the laws and regulations of that country.
dangerous goods
15.(1) every preson who sends or attempts to send by,
or, not being the owner or master of the ship, carries or
attempts to carry in, any ship any dangerous goods as
defined by the dangerous goods ordinance, 1873, without
distinctly marking their nature on the outside of the vessel
or package containing the same and giving written notice
of the nature of such goods, and of the name and address
of the sender or carier thereof, to the owner or master of
the ship, at or before the time of sending the same to be
liable to a fine not exceeding five hundred dollars: provided
that if suc perosn show that he was merely an agent in
the shipment of any such goods and was ot aware, and
did not suspect, and had no reason to suspect that the goods
shipped by him were dangerous goods, the fine to which he
shall be liable shall not exceed fifty dollars.
(2) every person who knowingly sends or attempts to
send by, or carries or attempts to carry in,any ship any
such damgerous goods under a false descirption, or falsely
describes the sender or carrier thereof, shall be liable to a
fine not exceeding two thousand and five hundred dollars.
(3) the owner or master of any ship may refuse to take
on board any package or vessel which he suspects to contain
such dangerous goods and may require it to be opened to
ascertain the fact.
As amended by Law, Rev. Ord., 1924.
(4) it shall be lawful for the harbour master to refuse a
prot clearance to any ship carrying more than twenty
passengers, if there are no board any such dangerous goods
unless they are inclosed in a substantial compartment
exclusively appropriated to the stowage of dangerous goods
or otherwise secured from contact with or damage from any
other article or substance carried on board the ship, and so
placed and surrounded that they are inaccessible to either
the passengers or the crew, except with the consent of
the master, and the master of any such ship who leaves
or attmepts to leave the waters of the colony without
having the said dangerous goods inclosed, secured, placed,
and surrounded as in this sub-section provided, or without
having obtained a clearance, shall be liable to a fine not
exceeding five hundred dollars.
(5) where any such dangerous goods have been sent or
brought on board any ship, without being marked as
aforesaid or witthout such notice having been given as
aforesaid, the owner or master may cause such goods to be
throuwn overboard, together with any vessel or package in
which they are contained; and neither the owner nor the
master shall, in respect of such throwing overboard, be
subject to any liability, civil or criminal.
(6) where any such dangerous goods have been sent or
carried, or attempted to be sent or carried, on board any
ship, without being marked as aforesaid or without such
notice having been given as aforesaid, and where any such
goods have been sent or carried, or attempted to be sent or
carried, under a false description, or the sender or carrier
thereof has been falsely described, it shall be lawful for a
magistrate ot declare such goods, and any package or
\ receptacle in which they are contained, to be, and they shall
thereupon be, forfeited, and shall be disposed of as the
cour tmay direct.
(7) the magistrate shall have and may exercise the
aforesaid powers of forfeiture and disposal, notwithstanding
that the owner of the goods has not committed any offence
under the provisions of this section relating to dangerous
goods, and is not before the court, and has not notice of the
proceedings, and notwithstanding that there is no evidence
to show to whom the goods belong; nevertheless the
magistrate may require such notice to be given to the owner
or shipper of the goods before the same are forfeited.
(8) the provisons of this sectionrelating to the carriage
of dangerous goods shall be deemed to be inaddition to,
and not insubstitution for or in restraint of, any other
enactment for the like object, so, nevertheless, that nothing
in the said provisions shall be deemed to authorise that any
peroson be sued or prosecuted twice in the same matter.
grain cargoes.
16.(1) in this section,
(a) grain means any corn, rice, paddy, pulse, seeds,
nuts, or nut kernels.
(b) ship laden with a grain cargo means a ship carrying
a cargo of which the portion consisting of grain is more than
one-third of the registered tonnage of the ship, and that third
shall be computed, where the grain is reckoned in measures
of capacity, at the rate one hundred cubic feet for each ton
of registered otonnage, and where the grain is reckoned in
measures of weitht, at the rate of two tons weight for each
ton of registered tonnage.
(2) when such grain cargo is carried on board any vessel,
such grain shlal be contained in bags, sacks, or barrels, or
secured from shirging by boards, bulkheads, or otherwise.
(3) if any ship arrives within the waters of the colony with
grain cargo loaded contarary to the provisions of this section,
the master thereof shall be liable to a fine not exceeding one
thousand dollars.
(4) if the owner or master of any ship, or any agent of any
ship, knowingly allows any grain cargo or part of a grain
cargo to be loaded therein contrary to the provisions of this
section, or send or attempts to send such ship to sea, he shall
be liable to a fine not exceeding one thousand dollars.
unseaworthy ships.
17.(1) every person who sends or attempts to send, or
is a party to sending or attempting to send, a british ship to
sea insuch an unseaworthy state that the life of any person is
likely to be thereby endangered shall be guilty of a mis-
demeanor, unless he proves either that he used all reasonable
means to ensure the ship being sent to sea in a seaworthy
as amended by law rev. ord., 1924.
state, or that thae going to sea in such an unseaworthy state
was. in the circumstances, reasonable and justifiable.
(@) every master of a british ship who knowingly takes
the same to sea in such an unseaworthy state that the life of
any person is likely to be thereby endangered shall be guilty
of a misdemeanor, unless he proves that the going to sea in
such an unseaworthy state was, in the circumstances,
reasobable and justifiable.
(3) a prosecution under sub-sections (1) or (2) shall not
be instituted except with the consent of the governor.
(4)O a misdemeanor under sub-sections (1) or (2) shall not
be punishable on sumary conviction.,
(5) where a britiish ship being in any port of the colony
is an unsafe ship, that is to say, is by reason of the defective
condition of the hull, equipment, or machinery or by reason
of overloading or improper loading, unfit to proceed to sea
without serious danger to himan life, having regard to the
nature or the service for which the ship is intended, any such
ship (hereinafter described as unsafe) may be provisionally
detained, and afterwards either finally detained or released
as follows:
(a) the governor, if he has reason to believer, on complaint
or otherwies, that a british ship is unsafe, may provisionally
order the detention of such ship.
(b) when a ship has been provisionally detained, there
shall be forthewith served on the master of the ship a written
sttement of the grounds of detention, and the governor
may, if he thinks fit, appoint some competent person to survey
the ship and report to him.
(C) the governor, onreceiving the report, may either order
the ship to be released or, if in his opinion the ship is unsafe,
may order the ship to be finally detained, either absolutely or
until the performance of such ocnditions with respect to the
execution of repairs or alterations or the unloading or reload-
ing fo cargo as the governor thinks necessary for the protection
of human life, and he may vary or add to any such order;
(d) before the order for final detention is made, a copy of
the report shall be served on the master of the ship, and,
within serven days of such service, the owner, agent, or master
of the ship may appeal in the prescribed manner to the court
of survey constituted under section 20,
(e) where a ship has been provisionally detained, the owner,
agent, or master of the ship, at any time before the person
appointed under this section to survey the ship makes such
survey, may require that he shall be accompanied by such
person of nautical, engineering, or other special skill and
experience, to be approved by the govenror, as the owner,
agent, or master may select; and in such case if the surveyor
and assessor agree, the governor shall cause the ship to be
detained or released accordingly, but if they differ, the
governor may act as if the requisition had not been made,
and the owner, agent, and master shall have the like appeal
touching the report of the surveyor as is before provided by
this section.
(f) where a ship is provisionally detained, the governor
may at any time, if the thinks it expedient, refer the matter
to the court of survey; and
(g) the governor may at any time, if satisfied that a ship
detained under this ordinance is not unsafe, order such ship
to be released, either upon or without any conditions.
6(A) if it appears that there was not reasonable and
probable cause, by reason of the condition fo the ship
or the act or default of the owner or agent, for the
provisional detention of the ship, the government shall be
liable to pay to the owner of the ship his costs of and
incidental to the detention and survey of the ship, adn also
compensation for any loss or damage sustained by him by
reason of the detention or surery.
(b) if a ship is finally detained under this ordinance of if
it appears that a ship provisonally detained was, at the time
of such detention, unsafe, the owner of the ship shall be
liable to pay to the government the costs of and incidental
to the detention and survey of the ship, and such costs shall,
without prejudice to any other remedy, be recoverable in a
summary way before a magistrate.
(c) for the purposes of this ordinance, the costs of and
incidental to any proceeding before a court of survey, and a
reasonable amount in respect of the remuneration of the
surveyor, shall be part of the costs of t he detention and
survey of the ship; and any dispute as to the amount of costs
under this ordinance may be referred to the registrar of the
supreme court, who, on request made to him for that
purpose by the governor, shall ascertain and certify the
proper amount of such costs.
(d) a claim for any costs or compensation payable by the
government under this section may be brought against the
attorney general in an action brought by the plaintiff as
claimant against the attorney general as defendant, and the
provisions of the code of civil procedure relating to actions
against the government shall apply to such action.
(7) where a complaint is made to the govenor that
british ship is unsafe, he may require the complainant to
give security, to his satisfsction, for the costs and compensa-
tion which may be incurred by the government, and any
action that may be necessary to enforce such security may be
brought in the name of the attorney general: provided that
where the compliant is made by one-fourth, being not less
than,. three, of the seamen belonging to the ship and is not, in
the opinion of the governor, frivolous or verxations, such
security shall not b required, and the governor shall, if the
complaint is made in sufficient time before the sailing of the
ship, take proper steps for ascertaining whether the ship
ought to be detained under this ordinance.
8(a) an order for the detention of a ship, whether
provisional or fina, and an order varyhing the same, shall be
seved as soon as may be on the master of the ship,
(b) a ship which has been detained under this ordinance,
shall not be released by reason of the british register of
such ship being subsequently closed.
(c) for the purposes of a survey under this section, any
person authorised to make the same may go on board the
ship and inspect the same and every part thereof and the
machindery, equipment, and cargo, and may require the
unloading or removal of any cargo, ballast, or tackle.
(d) the provisions of the merchant shipping acts with
respect to persons who wilfully impede an inspector shall
apply as if those provisions were herein enacted, with the
substitution for the inspector of any member of the court
of survey, assessor, or surveyor, who, under this section, has
the same powers as an inspector or has authority to survey a ship.
unsafe foreign ships.
18. when a foregin shp whilst in the waters of the
colony is unsafe by reason of the defective condition of the
hull, equipments, or machinery, or by reason of overloading
or improper loafding, the provisions of this ordinance with
respect tot he detention of ships shall apply to that foreign
ship as if such ship were a british ship, with the following
modifications;-
(1) a copy of the order for the provisional detention of
the ship shall be forthwith served ont he consular officer
for the state to which the ship belongs, and, if there is no
such consular officer, on the master of the ship;
(2) where a ship has been provisonally detained, the
consular officer on teh request of the owner, agent, or master
of the ship, and, if there is no such consular officer, the owner,
agent, or master of the ship, may require that the person, if
any, appointed by the govenror to survey the ship shall be
accompanied by such person as the consular officer, or the
owner, agent, or master, may select; adn in such case if the
surveyor and usch person agree, the govenror shall cause
the ship to be detained or released accordingly; but if they
differ, and the owner, agent, or master shall have the like
appeal to the court of survey touching the report of the
surveyor as is hereinbefore provided; and
(3) where the owner, agent, or master of the ship appeals
tot eh court of survey, the consular officer, on the request
of such owner, agent, or master, or, if there is no such
consular officer, thew owner, agent, or master, may nominate
any competent person or persons to be members of the court
of survey, not exceeding two,
18A. nothting inthe provisions of sections 13, 14, 16 and
18 shall affect any foreign ship not bound to the colony
which comes into the waters of the colony for any purpose
other than that of embarking or lauding passengers or
taking in or discharging cargo or taking in bunker coal.,
part v.
marine courts and courts of survey
marine courts.
19.(1) it shall be lawful for the governor, whenever
occasion may arise, by qarant under his hand and the seal of
as amended by law rev. ord., 1924.
the colony, to form a court (which shall be called the marine
court) to make investigations as to casualties affecting ships,
or to inquire into charges of incopetency or misconduct on
the part of masters, mates, or engineers of ships.
(2) such court shall consist of not more than five or less
than three emmbers, of whom one shall be a magistrate adn
president of the court, and at least one shall be a com-
missioned officer int he royal navy, and the remainder
masters oft he british mercantile marine, or such persons of
nautical, engineering, or other special skill or knowledge as
teh governor may appoint; provided always that where
any investigation involves or appears likely to involve any
question as to the cancellation or suspension of the certificate
of a master, mate, or engineer, the court shall include not
less thatn two members having experience in the merchant
sevice.
(3) each of the unofficial members of such court shall be
paid the sum of ten dollars a day, or such other sum as the
govenrnor may, in any special case, direct, during each day
that the court sits.
(4) for the purpose of an investigation under this part, a
casualty shall be deemed to occur
(b) when on or near the coasts of the colony any british
ship has been stranded or damaged, and any iwthness is found
int he dcolony.
(c) when on or near the coasts of the colony any british
ship causes loss or material damage to any other ship;
(d) when any loss of life ensues by reason of any casualty
happening to or on board any british ship on or near the
coasts of the colony;
(e) when in any place any such loss, abandonment,
material damage, or casulaty as above mentioned has occurred,
and nay withness is found in the colony
(f) when in any place any british ship has been stranded
or damaged, and any witness is found in the colony; and
(g) when any british ship has been lost or is supposed to
have been lost, and any evidence is obtainable in the colony.
as to teh circumstances in which such ship proceeded to sea
or wasw last heard of.
(5) in any of the following cases:
(a) where a casulaty occurs to a british ship on or near
the coasts of the colony or to a british ship in the course of
a voyage to the colony;
(b) where a casualty occurs in any part of the world to a
ship registered in the colony.
(c) where some of the crew of a british ship to which a
casualty has occurred, and who are competent withness to
the facts, are found in the colony.
(d) where the incompetency or misconduct has occurred
on board a british ship on or near the coasts of the colony,
or on board a british ship on the course of a voyage to the
colony;
(e) where the incompetency or misconduct has occurred
on board a shop registered in the colony, and
(f) where the master, mate, or engineer of a british ship
who is charged with incompentency or misconduct on board
that ship is found in the colony,
it shall be lawful for such court to make investigation
respecting usch casualty and to hear and unquire into any
such charge of incompetency or misconduct, and for such
purposes the ocurt shall have the same jurisdiction over the
matter in question as if it had occurred within its ordinary
jurisdiction, but subject to all provisions, restrictions, and
conditions which would have been applicable if it had so
occurred, such court shall also have the powers given by
the merchant shipping acts, to inspectors appointed by the
board of trade, as well as all the powers of a magistrate
acting as a court of summary jurisdiction.
(6) an unquiry shall not be held under this section into
any matter which has once been the subject of an investiga-
tion or inquiry, and has been reported on by a competent
cour tor tribunal in any part of his majesty's dominions, or
in respectof hwich the certificate of a master, mate, or
engineer ahs been cancelled or suspended by a naval court.
(7) werhe an investigation or inquiry has been com-
menced in the united kingdom with reference to any matter,
all inquiry with reference to the same matter shall not be
held under this section,
(8) The certificate of a master, mate, or engineer may be
cancelled or suspended---
(a) if the court finds that the loss or abandounient of, or
serious damaage to, any ship, or loss of life, has been caused
by his wrongful act or default ; or
(b) if the court finds that he is incompetent, or that he has
been guilty of any gross act of misconduct, drunkenness, or
tyranny, or that, in a case of collision, he has failed to render
such assistance or give such information as is required by
the merchant shipping acts.
99) where any case before any such court as aforesaid
involves a question as tot he cancelling or suspending of a
cerrtificate, the court shall, at the conclusion of the case or as
soon afterwards as possible, state in open court the decision
to which it has come with respect to the cancelling or
suspending thereof.
(10) the court shall not be cancelled or suspended by a
court under this section, unless a copy of the report, or a
statement of the case on which the investigation or inquiry
has been ordered, has been furuished, before the commence-
ment of the investigation or inquiry, to the holder of the
cerrificate.
(12) teh board of trade may order the re-hearing of any
inquiry under this section in like manner as they may order
the re-heraing of a similar investigation or inquiry in the
untiled kingdom, but if an application for re-hearing either
is not made or is refused, an appeal shall lie from anuy order
high court in england: provided that an appeal shall not
lie.
(a) from any order or finding on an inquiry into a casualty
affeting a ship registered in a british possession; or
(b) front a decision affecting the certificate of a master,
mate, or engineer, if that certificate has not been granted,
either in the United Kingdoni or in a British
under the authority of the merchant Shipping Acts.
(13) It shall be the duty of the person who has applied
for a marine court to superintend the nianagenent of the
case and to render such assistance to the anni as is in his
power.
(14) The court may also exercise the following further
powers :-
(a) it may, if unanimous that the safety of the ship or
crew, or the interest of the owner, absolutely requirs it,
supersede the master of any british ship then being within
the waters of the colony, and may appoint another person to
act inhis stead; but no such appointment shall be made
without the consent of the consignee of the ship, if within
the colony;
(b) it may discharge any mate, engineer, or seaman from
his ship;
(c) it may order the wages of any mater, engineer, or seaman
so discharges, or any part of such wages, to be forfeited, and
may direct the same to be retained by way of compensation
to the owner or the be paid into the treasury; and
(d) it may make usch order as it thinks fit repsecting the
costs of the investigation or any part thereof, and such order
shall lbe enforced by the court in the same wya as an order
for costs under the magistrates ordinacne, 1890.
(15) each member of the court shall eigher sign the report
made on any investigation under this section or report to the
governor his reasons for dissent therefrom.
(16) every master, mate, or engineer whose certificate is
suspended or cancelled in pursuance of this ordinance shall,
ont he demand of the court, deliver his certificate to the court,
or, if it is not demended by the court, deliver it to the
governor or as he directs, and in default he shall be liable
to a fine not exceeding two hundred and fifty dollars.
917) where an investigation into the conduct of a master,
mate, or engineer, or into a casulaty, has been held under
this ordinance, the governor may, in any case, and shall , if
new and important evidence which could not be produced at
the investigation has been discovered, or if for any other
reason there has, in his opinion, been ground for suspecting
a miscarriage of justice, order that the case be re-heard,
either generally or as to any part thereof, and either by
the court by which it was heard in the first instance, or
by a marine court to be appointed under this section, or by
a judge sitting in admiralty jurisdiction, and the case shall
be so re-heard accordingly.
(18) it shall be lawful for the governor in council to make
regulations for varrying into effet enactments relating
to formal investigations into casualties and into charges of
imcompetency or misconduct, and in particuylar with respect
to the procedure, the parties, the perosn allowed to appear,
the notice to such parties and persons or to persons affected,
and the amount and application of fees.
(19) every formal investigation shall be conducted in such
a manner that, if a charge is made against any person, he
shall have an opportunityof making a defence.
courts of survey.
20.(!) it shall be lawful for the governor, whenever
occasion may arise, to appoint a court of survey in the same
manner and composed of the same persons as in the case of
a marine court, and in such case the following provisions
shall have effect:
(a) the case shall be heard in open court;
9b) each member of the court may survey the ship, and
shall have for such purpose all the powers of an inspector
appointed by the board of trade under the merchant ship-
ping acts;
(c) the court may order the ship to be surveyed, and may
appoint any competent person to survey the ship and report
thereon to the court, and such person may, in case of
disagreement, be appointed by a majority of the members
(d) tehc orut shall have the same power as the governor
has to order the ship to be released or finally detained, but
unless a majority; of the members concur in an order for the
detention of the ship, the ship shall be released; and
as amended by law rev.ord 1924
(e) the owner or agent and the master or the ship, and any
person appointed by the owner, agent, or master, may attend
at any inspection or survey Made in pursmance of this section.
(2) It shall be for the Governor in Council to make
regulations for carrying into effect the provisions of this
regulations with respect to a Could of Survey and appeals
thereto, and in particular with respect to the summoning of
and proccelure before the, court, the requiring on an appeal
midersection 10 (12) or section 17 (5) (d) or (e) security For
costs and damages, and the amount and application of fees.
(3) The court may make such order with respect to the
costs of any investigation mider this section as it may think
fit, and such costs shall be paid accordingly, and shall be
recoverable in the same manner is a civil debt, under the
Magistrates Ordinance, 1890.
(4) Nothing in this, section shall be deemed to affect. in
any way the Admiralty Jurisdiction of the Supreme Court.
PART VI.
REGULATION AND CONTROL OF THE WATES OF THE COLONY
AND OF VESSELS USING SAME
Ports of the Colony.
21. The Governor may declare by notification certain
places in the waters of the Colony to be ports, and no master
of any ship or junk shall, except from stress of wcather or
some other sifficient cause, anchor at any other place in the
waters of the colony.
duties of master.
22.-(1) The master of every merchant ship arriving
within signalling distance of the signal station at gap rock
or Waglan. or cape d'aguilar, and intending to enter any
port, shall hoist the national colotirs aild the house flao, or
the nunber of the ship, and shall keep the same flying while
passing. the signal station. He shall also hoist the national
Colours, of the ship wheil. entering. any port, and shall keep
the same flying until the ship has been entered at the harbour
Master's office.
As amended by Law Rev. Ord., 1924.
(2) every such master shall, on the arrival of his ship
within the waters of the colony, allow and assist on board
without delay the harbour master and the healthe officer of
the port as soon as they come alongside, and shall furnish
the barbour master with such information as may be
required in accordance with table K (A) in the schedule
and every master or any officer of the ship who delays,
obstructs, or impedes the harbour master or health officer,
or refuses to five such information as may be required, or
gives false particulars, shall be guilty of an offence.
(3) subject to the provisons of section 28, every such
master shall take up the berth pointed out by the harbour
master or by any person sent on board by him for that
purpose, and shall moor his ship there properly, and shall
not move to take up any other berth without his permission,
except in case of necessity, to be decided by the harbour
master, and indefault shall be liable to a fine not exceeding
one hundred dollars; adn be liable to a fine not exceeding
berth wehn required to do so by the harbour master, and in
default, without reasonable exucse therefor, shall be liable to a
fine not exceeding twenty dollars for every hour that the ship
remains in the old berth, after notice to remove, under the
hand of the harbour maser, has been given on board of
such ship. it shall also be lawful for the harbour master to
require all ships, including ships of war of any foreign
nation, to anchor or secure in such place as he may; direct,
or he may prohibit their anchoring or securing in any
particular place.
(4) every such master shall, within twenty-four hours
after arrival at any port, enter his ship at the harbour
master's office or, if the said office is closed, as soon as
possibel after it is again open for buseinss, adn, in the case
of a british ship or of a foregin ship which is not represented
by a consular officer, shall deposit there the ship's articules,
list of passengers, ship's register, clearance from lase port,
and true copy of manifest, if required, in the case of a
foreign ship represented by a consular officer, the said
papers shall be loged by the master at the proper consulate,
any master who offends against the provisions of this sub-
section shall be laible to a fine not exceeding two hundred dollars.
(5) every such master shall immediately strike spars, clear
hawse, or shif berth, and generally follow such directions as
having regard to the state of weather, the condition of
the port, or any other circumstances, the harbour master
may deem it necessary to give with a view to the safety of
the shipping and the proper regulation thereof; and any
master who wilfully disobeys or neglects or fails to comply
with the provisions of this sub-section shall be liable to a
fine ot exceeding two hundred dollars.
(6) every such master about to proceed to sea shall hoist
a blue peter not less than eighteen hours before the time of
intended departure, and shall give notice thereof, and if
required, shall state teh nature of teh intended voyage and
the general description of the cargo, to the harbour master,
who, if there is no reasonable objection, will furnish a port
clearance, return the ship's papers, and attest the manifest,
if necessay; and any master having obtained such clearance
and not sailing within thirty-six hours thereafter shall report
to teh harbour master his reason for not sailing, and shall
re-deposit the ship's papers, if required. any master who
wilfully neglects or disboeys or fails to coply with the
provisons of this sub-section, or wilfully gives false informa-
tion, or goes to sea without having obtained a port clearance,
shall be liable to a fine not exceeding two hundred and fifty
dollars: porvided thta nothing in this sub-section shall be
held to apply to any ship arriving when the harbour master's
office is closed for business and leaving before ths said office
is again oen for business, but in such case the master shall
cause such arrival and departure to be reported to the
harblur master as soon as practicable.
quarantine.
23.(1) it shall be lawful for the governor in council
to make regulations for maintaing and enforcing an
effectual quarantine in the waters of the colony, and for the
setting apart of suitable places in available situations for
quarantine stations and providing for hte detention and
seclusion in such places of person, whether actually suffering
from disease or not, ariving on board vessels subjected to
quarantine, and for the payment tot he government by the
owner or agent of any such vessel of any such costs and
expenses charged or incurred for the medical attendance
and maintenance of any person removed to any hospital or
other place
as amended by law rev. ord., 1924
(2) every person who offends against any such r4egulations
(except regulation 14 of table L in the schedule) shall be
liable to a fine not exceeding two thousand dollars, and to
imprisonment for any term not exceeding twelve months;
and the captain superintendent of police, and any officers
whom he may appoint for the purpose of enforcing
quarantine, shall have the same powers to prevent the
commission of breaqches of such regulations, and to arrest,
re-capture, or detain offenders against them, as may be used
by any person for the prevention of any felony or the arrest,
re-capture, or detention of a felon.
(3) all costs and expenses charged or incurred under
regulation 14 of table L, may be reovered in the summary
jurisdiction of the supreme court at the suit of the
treasurer.
fairways.
24. no vessel of any description, whether a ship of war
or otherwise, shall be allowed to anchor within any fairway
which is set apart by the harbour master for the passage of
vessels; and the master or other person in charge of any
boart or other vessel dropping anchor in or otherwise
obstructing such fairway shall be liable to a fine not
exceeding fifty dollars.
safety of ships and prevention of accidents
25(1) every junk under way in the waters of the
colony shall, from sunset till usnrise, carry either
(a) the lights prescribed for sailing vessels under way by
the international collision regulations; or
(b) two bright white lights, one of which shall be placed
at the foremast head and shall be of such a character as to be
visible all round the horizon on a dark night with a clear
atmosphere at a distance of at least one mile, and the other of
which shall be placed in the stern at a height above the hull
of not less thatn six feet, and shall also be of such character
as to be visible all round the horizon at the said distance.
for every ommission to comply witht eh requirements of
this sub-section, the master or other person for the time
being in charge shall be liable to a fine not exceeding one
hundred dollars.
as amended by law rev. ord., 1924.
(2) every ship, hulk, junk o other vessel (not being a
boart propelled by oars), being at anchor, or at morrings, or
alongside any wharf in the waters of the colony, shall, from
sunset to sunrise, if under one hundred and fifty feet in
length, carry forward there it can best be seen, but at a
height not exceeding twenty feet above the hull, a bright
white light, visible all round the horizon at a distance of at
least one mile, and, if of one hundred and iffty feet or
upwards in leghth, shall caryy such light at a height not
less than twenty and not exceeding forty feet above the hull,
and, in addition, a similar light at or near the stern, at such
a height that it shall not be less than fifteen feet lower than
the forward lighre, and in default the owner or master shall
be liable to a fine not exceeding one hudnred dollars.
(3) in the case of police assistance being required on
board any ship, owing to an outbreak of fire, or to a riot or
disturbance which the master and his officers are unable to
quell, if by day, the signal flag S of the commercial code
shall be hoisted, and, if by nightm three lights in a vertical
line, the highest and lowest red and the middle light white;
the day signal may be supplemented by the signal NM I
am on fire, or YF, want assistance - mutiny, and the
night signal by a flare-up every minute in the case of
fire, or blue lights in the case of distrubance, a con-
tinuous sounding with any fog signal apparatus may, in
addition, be adopted to attract atention in either case.
(4) it shall be lawful for the govenor in council to make
regulations of orders for the proptection, management and
nagigation of the waters of the colony, for the better and
more effectual keeping of order therein, and for the preven-
tion of any nuisance in the same.
offences in the waters of the colony
26.(1) every person who
(a) unlawfully cuts, damages, or destroys any of the ropes,
ebales, cordage, tackle, headfasts, or any other furniture of
or belonging to any vessel lying in the waters of the colony,
with intent to steal or otherwise unlawfully obtain the same
or any part thereo; or
As amended by Law Rev. Ord., 1924,
(b) for the purpose of preventint seizure or discovery of
any materials, furniture, stores, or merchandise belonging to
or having been part of the cargo of any vessel lying in the
waters of the colony, or of any other articles unlawfully
obtained form any such vessel, wilfully lets fall or throws
into the waters aforesaid, or in any other manner conveys
away from any vessel, wharf, quay, or landing place, any
such article; or
(c) casts or deposits any dead body, ballast, rubbish, or
other substance into the waters of the colony without the
written permission of hte harbour master; or neglects within
a reasobable time to remove any sunken vessel or other
1obstruction in the said waters belonging to him or in his
charge or keeping; or
(d) not being inhis majesty's service and not being duly
authorised by law for the purpose, goes on board any ship
within the waters of the colony, without the permisson of
the master or officer in charge of such ship; or
(e) not being in his majesty's service, makes fast to or
causes to be made fast a ship under way within the waters
of the colony any boar or other vessel, without the permis-
sion of the master o officer in charge of such ship; or
(f) being in charge of any boat plying for hire receivers or
lands passengers after 8 p.m. and before 5 a.m. except at
such wharf as may be specified by regulations which the
governor in council is hereby empowered to make, or except
at any private wharf with the consent of the owner thereof; or
(g) hires any vessel and refuses or neglects on demand by
the person in charge thereof to pay the lawful fare,
shall be liable to a fine not exceeding fifty dollars, or to im-
prisonment for any term not exceeding two months.
any constable may take into custody any person offending
against paragraph (b), and may seize and detain any boat in
which such person is found or out of which any article is let
fall, thrown, or ocnveyed away. it shall be lawful for the
master or other person incharge of any ship to take into
cusdoy and deliver up fortwith to any constable any person
offending against paragraph (d).
(2) in the following cases;-
9a) if any launch, junk, or other vessel shall be found
alongside any puble wharf or landing place (not being
engaged in taking on board or landing passengers or cargo)
or longside any vessel, private wharf, or landing place
(unless with the permission of the master or onwer thereof),
or lying off any vessel, wharf, or landing place, public or
private, so as to obstruct the free access of other vessels
therto; or
9b) if any lighter, junk, or boat is moored or at anchor at
a distance of less thatn one hundred yards from low water
mark of such part of hte oclony as may be declared by reg-
ulation to be made by the govenor in council, between 9
p.m. and 5 a.m. proveided that nothing herein contained shall
be ocnstrued to extend to any lighter, junk, or boat moored
or at anchor alongside of any private wharf with the consent
of the owner thereof,
thew onwer, master, or other person in charge thereof shall be
laibel to a fine not exceeding fifty dollars, or to imprison-
ment for any term not exceeding two months.
(3) except as is provided by section 25(3), or excpet in
cases of ships of war, or ships carrying mails in respect of the
mail signal gun, no cannor, gun, firearm, or firework of any
description shall be dischraged, without the sanction of the
harbour master, within such portions of the waters of the
colony as the govenor in council may by regulations pre-
scribe, form any ship, junk, or boat, under a penalty not
exceeding two hundredc dollars.
removal of obstructions.
27. the harbour master may, by written notice, require
any person to remove, iwthin a reasonable tiem to be speci-
fied in such notice, any obstruction, whether floating,
submerged, or sunk, in the waters of the colony, caused by
such person or belonging to him or in his charge or keeping;
and if such person fails to remove the obstruction within the
specified time, the Harbour;Master shall cause it to be removed,
and may recover the expenses of removal from the person
named in the notice ; or, if no such person call be found, the
obstruction, when removed by the Harbour Master, may be
sold to defray the expense of such removal.
morings and buoys
28.-(1) It shall be lawful for the harbour master to place
in the waters of the Colony such Government moorings and
buoys as may be approvedby the Governor, and to allow the
use thereof on such terms and conditions and for such fees as
the Governor in Council direct.
(2) No person shall keep or place moorings or buoys in
the waters of the Colony except with the sanction of the
Harbour master, and except on the conditions prescribed by
the Grovernor in Council under sub-section (5). such moor-
ings and buoys shall be of such nature and construction as
the Harbour Master may approve.
(3) 'No person shall moor or anchor bulks or vessels of like
description within the waters of the Clolony except with the
sanction of the harbonr Master, and except on such conditions
and subject to the payment of such fees is the. Governor in
Council may direct.
(4)moorings and buoys sanctioned by the harbour master
under sub-section (2) shall not be made use of by any ship
other than the ships of the penson to whom such sanction
has been granted, except with the, consent of such person or
by the direction of the Barbour master; and the master of
ally ship using any such moorings and buoys without such
consent or direction shall be liable to a penalty of twenty
dollars for every day or part of a day during which he so
uses such moorings and buoys, after he has been requested
to remove therefrom.
(5) it shall be lawful for the governor in council to make
regulations prescribing the terms, conditions, and fees for
any of the purposes mentioned in this section.
fishing stations, fishing stakes, fishing stake-nets, and
fishing generally
29,91) it shall be lawful fo the governor in council to
make regulations for the registration, licensing, erection,
maintenance, management, working, and control of fishing
stations, fishing stakes, and fishing stake-nets, (all of which
are in this section inclueded in the word stakes,) in the waters
of the colony, prsecribing the places where the same may be
erected, the distances to be maintained from the shore and
As amended by Law Rev. Ord., 1924.
from other stakes, and the depth of water for stakes, the
removal of such stakes when out of repair or not in use, the
lighting. of such stakes at night, the removal, repairing, and
cleaning of such stakes, and otherwise generally for all
purposes, whether ejusdem generis with the above purposes
or not, connected with stakes.
(2) Any stakes established, renewed, altered, or repaired
to the provisions of such regulations may be removed
by the Harbour. Master; and the owner or occupier thereof
in addition to any other penalty to which he is liable under
this section, shall be bound, if required to do so by the
harbour Master, to pay the expenses of such removal, and
such expenses may lie recovered by the Harbour Master by
summary distress upon the property of stich owner or occupier
and by the sale of a stifficient portion of property to pay
such expenses.
(3) it shall be lawful for the governor in council to make
regulations determining the fees to be charged for licences
for stakes according to their extent, situtation, and methods.
(4) it shall also be lawful for the governor in council to
make regulations forthe management, working, and control
of all fishing operations generally in the waters of the colony.
(5) every person who disobeys any of the provisions of
this section or of any regulation made by the governor in
council under this section shall be liable to a fine not
exceeding fifty dollars.
powers of police
30.(1) it shall be lawful for the captain superintendent
or any officer of police not below the rank of inspector,
and for th4e harbour master or assistant harbour master,
to enter at all times, with such constables as he may think
necessary, as well by night as by day, into and upon every
ship, boar, junk, or other vessel (not being or having the
status of a ship of war) in the waters of the colony, and into
every part thereof, for the purpose of inspection, and of
directing the conduct of any officer of police who may be
stationed on board, and of inspecting and observing the
conduc of all other person who may be employed on board,
in or about lading or unlading, as the case may be, and for
the purpose of taking all such measures as may be necessary
for providing against fire or other accidents and prserving
peace and good order on board, and for the effectual preven-
tion or detection of any felonies or misdemeanors.
(2) it shall be lawful for the captain superintendent or
other officer of police not below the rank of sergeant, having
just cause to suspect that any felony or misdemeanor has
been or is about to be committed in the waters of the colony,
to enter at all times, as well by night as by day, into and
upon any aship, boar, junk, or other vessel (not being or
having the status of a ship of war), and to take into custody
all persons suspected of being concerned in such felony or
misdemeanore, and to take charge of any property suspected
of having been stolen or unlawfully obtained; provided
always that the powers conferred by this sub-section may in
respecto f steamships under sixty tons and of junks be
exersiced by any european police officer of whatever rank.
(3) where, under this section, authority is given to any
officer to enter upon any ship, boar, junk, or other vesse, such
officer may require the master or person in charge to stop
such ship, boart, junk, or other vessel to enable him to make
such entyr, any master or person in charge who refuses or
wilfully neglects to comply with such requirement shall be
liable to a fine not exceding two hundred dollars.
part VII
lighthouses, buoys, and beacons.
31.(1) in this part,
(a) buoy and beacon include all other marks and
signs of the sea.
(b) lighthouse includes lightships and all floating and
other lights exhibited for the guidance of ships.
(2) it shall be lawful for the governor to erect and
maintain such lighthouses, buoys, or beacons for the guidance
of ships, and to lay, erect, and maintain such cables, wires,
and other necessary apparatus for the purpose of telegraphic
or other communication in connexion therewith or for any
other purpose as the governor in council may think
nexessary.
(3) it shall be lawful for the governor with the assent of
the legislative council, to raise by way of public loan, on the
as amended by law rev. ord., 1924.
security of the general revenues, such sums of money as may
be necessary for the purposes aforesaid, and every loan so
raised shall be a charge upon the sald revenues.
(4) It shall be for the Governor, in the meanwhile,
with such assent as aforesaid, to order the payment, by way
of temproary advance, out of the Treasury, of Such sums of
money arising from the general reveimes as may be
for the purposes aforesaid: Provided always that all sums of
money so advanced shall be repaid into the Treasury out of
the sums which may he raised by way of loan under the
provisions hereinbefore contained.
light and other dues.
32.-(1) the owner, agent, or master of every ship which
enters the waters of the colony shall pay such dues as may
be fixed by order of the governor, pursuant to resolution of
the legislative council, to such officer as the governor may
appoint to collect the same, all british and foreign ships
of war and all vessels of less than twenty tons shall be exempt
from the payment of the said dues.
(2) It shall be lawful for the Governor in Council-
(a) to fix the times, places, and modes at and lit which the
dues shall. be payable;
(b) to exempt any ships or classes of ships from such
payment, and to annex any terms. or conditions to such
exemptions -, and
(c) to substitute any other dues or classes of dues, whether
by way of annual payment or otherwise, in respect of any
ships or classes of ships.
(3) Tables of all dues, and a copy of regidations in respect
thereof, shall be posted up at the harbour Master's. office.
(4) A receipt for the said dues shall be given by the person
appointed to collect the same 9hereafter in this section
referred to as the collector) to every person paying in the same,
and the harbour master shall not grant a clearance to any
ship unless such receipt is produced to him.
(5) If the owner, agent, or master of any ship falls, on
demand of the collector, to pay the said dues in respect
thereof, it shall be lawful for the collector, in addition to any
As amended hy Law. Rev. Ord., 1924,
other remedy which he is entitled to use, to enter upon such
ship andn distrain the goods, guns, tackle, or any other things
of or belonging to or on board such ship, and to detain such
distress until the said dues are paid; adn if payment of the
same is not made within the three days next ensuing such
distress, the collector may, at any time during the con-
tinuance of such non-payment, cause the distress to be
appraised by two sufficient persons, and therupon sell the
same, and apply the proceeds in payment of the dues unpaid
together iwth reasonable expenses incurred by him under
this section, paying the surplus, if any, on demand, to the
said owner, agent, or master,
96) in order to ascertain the burden of any ship liable to
pay dues under this section, the collector may require the
owner or master to produce the register of such ship for his
inspection, and , ont he refuseal or neglect of such owner or
master ot produce such register or to satisfy the collector as
to what is the true beurden of the ship, it shall be lawful for
him to cause such ship to be measured, and any expenses
incurred in such measurement shall be recoverable from the
owner or master of such ship in the same manner as dues
payable under this section; and such measurement shall be
deemed to be the real burden of the ship, and may be treated
as such for all the purposes of this seciton.
(7) the master of any ship who
(a) departs or attempts to depart from any port leaving
aupaid the dues required to be paid under this section; or
(b) refuses to have his ship measured to ascertain her
burden in tons; or
(c) obstructs any person in the duties of his office,
shall be liable to a fine not exceeding two hundred dollars.
damage to lights buoys, and beacons, cables, etc
33.(1) every person who wilfully or negligently com-
mits any of the following offences;-
(a) injures any lighthouse or the lights exhibited therein,
or any buoy or beacon, or any cables, wires, or other
apparatus, either in connexion therewith or otherwise; or
(b) removes, alters, injures, or destroys, any lightship, buoy,
or beacon, or any cables, wires, or other apparatus, either in
connexion therewith or otherwise; or
As amended by Law Rev.. Ord., 1924.
.(c) rides by, makes fast to, or rans foul of any lightship,
buoy, or beacon,
shall, in addition to the expenses of making good any damage
so occasioned, be liable to a fine not exceeding two hundred
and fifty dollars.
(2) It shall be lawful for the, Governor in Council to make
regulations for the protection of telegraph cables or
either in connexion with any lighthouse, lightship, or
beacon, or otherwise.
gap rock lighthouse
34. The powers and provisions contained in sections 31
to 33, In respect or lighthouses, buoys, beacons., cables, wires,
or other apparatus in connexion therewith and cities, shall
equally apply to the llghthouse upon the island commonly
known as Gap rock, and any cables, wires, and other
apparatus for the purpose. of telegraphic or other communica-
tion in connexion tlierewith.
prevention of false lights
35.-(1) Wherever any fire or light is burnt, or exhibited
at such place or in such manner as to be liable to be mis-
taken fora light proceeding from a lighthouse, it shall be
lawful for the harbour Master to serve a notice on the owner
of the place where the fire or light is burnt or exhibited or
on the person having charge of such fire or light, either
personally, or by delivery at the place of abode of such owner
or person, or by affixing the same in some conspicuous spot
near to such fire or light, and by such notice to direet such
owner or person, within a reasonable time to be therein
specified to take effectual means for extinguishing or
effectually screening such existing fire or light, and for
preventing for the future any similar fire or light; and every
owner or person who fails to comply with such notice shall
be deemed guilty of a common nuisance, and in addition to
any other penalties or liabilities of any kind thereby Incurred,
shall be liable to a fine, not exceeding five hundred dollars,
or to imprisonment fon any term not exceeding six months.
(2) If any owner or person falls to comply with such
notice as aforesaid, it shall be lawful for the Harbour master
to enter into the place wherein the same may be, and
As amended by Law Rev. Ord., 1924.
forthwith to extinguish such fire or light, doing no un-
necessary damage; and all expenses incurred by the harbour
master in such extinction may be recovered from such
owner or person as aforesaid.
PART VIII.
IMPORTATION AND STORAGE OF EXPLOSIVE
36.-(1) The Governor may provide all necessary vessels
and buildings for the storage of gunpowder and other
explosives.
(2) Such vessels or buildings shall be termed the govern-
ment gunpowder depot, and shall be under the control and
managemnet of the harbour master, subject to such orders
as may be received from the governor; and such vessels or
buildings shall be fitted and manned in such manner as the
harbour master, iwth approval of the governor, may
deem expedient.
(3) it shall not be lawful for the master of any vessel to
anchor within five hundred yards of the government gun-
powder depot, except by permission of the harbour master,
(4) the master, agent, or consignee of every vessel
arriving in the colony, having on board htereof as cargo any
quantity fo gunpowder or other explosive, shall, immediately
on arrival and before the discharge from teh vessel of any
of such gunpowder or other explosive, furnish the harbour
master iwth a copy of the manifest of the same, the marks
of all the packages, and the names of the consignees, if he
knows the same.
(5) the master of every such vessel shall, on arrival, take
the same to the gunpowder anchorage or to the place which
may be pointed out to ;him by the harbour master, and the
said vessel shall not be remvoed therefrom, without the
permisson of the harbour master, until the cargo of ex-
plosives has been discharged or for the purpose of going to
sea.
(6) the master of every vessel having on board as cargo
gunpowder or other explosive, and whilest engaged in the
transhipment of the same, shall exhibit a red flag at the
hightest mast-head
as amended by lwa rev. ord., 1924.
(7) It shall not he lawful for the master of any vessel.
having on board as cargo gunpowder or other explosive to
anchor or such vessel within five hundred yards of any other
vessel, except by permission of the Harbour Master.
(8') The master of every vessel about to take on board as
cargo any quantity of gunpowder or other explosive shall.
give notice to the harbour master and shall take the sald
vessel into the gunpowder Anchorage or into such other
anchorage as the, Harbour Master may deem expedient
and shall. not remove therefrom, except for the purpose of
proceeding on his voyage or for some other sifficient cause
to be approved by the Harbour Master.
(9) No gunpowder or other explosive shall be shipped,
landed, or transhipped, within the waters of the Colony,
between 6 p.m. and 6 a.m. from October to march inclusive,
or betiveen 7 a.m. and 5 a.m. from April to September
inclusive, except witb the permission in writing of the
harbour Master.
(10) It shall not be lawful for any person, without the
permission in writing of the Governor, to keep, except, at
the Government gunpowder depot, for any time, however
short, any quantity of gunpowder or other explosive :
Provided, nevertheless, that any person may keep for his
private use only, adn not for sale, any quantity of gunpowder
not exceeding twenty pounds and any number of safety
cartridges not exceeding five thousand.
(11) where any magistrate has reasonable grounds for
believing that any gunpowder or other explosive is kept on
board any vessel, or ina ny house or placem in contravention
of this section, he may grant a warrant to any police officer
to enter the same, and thereupon such officer may so enter
and, if necessary, break into the premises and search the same.
(12) it shall be lawful for the governor in council to
make regulations for the proper carrying out of the pro-
visions of this section, and for the movemnt, carriage,
landing, shipment, and transhipment of explosives, and the
precautions to be taken in connexion therewith, and to fix
the sums chargeable for the storage of gunpowder, safety
cartridges, or other explosives. every violation or neglect
of any such regulations shall render the party so offending
liable to the penalties imposed by sub-section (14).
(13) the sums charged in respect of the storage of such
gunpowder or ohter exploseive shall be paid monthly by the
paryt on whoise name the same is or are stored, adn, in the
event of ono-payment within twenty-one days after the money
has become due and payable, it shall be lawful for the
governor to direct the said gunpowder or other explosive to
be sold inorder to defray the expense of storage, and the
proceeds thereof, after deducting all government charges
and the expenses of sale, shall be paid to teh party who
proves himself entitled thereto to the satisfaction of the
governor.
(14) every person who vilates, or refuses or fails to
comply withm any of the provisions of this section shall be
liabtle to a fine not exceeding three hundred dollars, or to
imprisonemtn, without hard labour, for any term not exceed-
ing six months.
(15) nothing in this section shall be deemed to affect the
provisions of the dangerous goods ordinance, 1873.
(16) nothing in this section shall apply to his majesty's
ships of war, or to the ships of war of any foreign nation, or to
hired armed vessels in his majesty's service or in the service
of any foreign nation, or to any government stores,
(17) gunpowder anchorage means the anchorage on
the south side of stonecutters island, to the west of a line
from which the white rock bears north and to the north of
a line from which the mast of the royal observatory at
kowloon bears east.
part IX.
launches and motor boats and river steamers
launches and motor boats.
37.(1) in htis section,
(a) launch means any steamship not exceeding sixty tons.
(b) owner includes chartever and agent.
(2) it shall be lawful for the governor in council to make
regualtions for hte following purposes;
as amended by no. 13 of 1917 and law rev. ord., 1924.
motor boats, and of the owners, masters and engineers of
launches and motor boats ;
(b) the payment of fees in respect of licences, permits,
clearances, certificates, surveys, and other documents and
services relating to launches or motor boats
(c) the duties of the owners, masters and engineers, of
launches and motor boats; and
(d) generally for the purpose of carrying into effect the
provisions of this section.
(3) Every person -who does or is a party to any act forbid-
den by this section or fly any regulation made thereunder,
and every person who omits to do anything which he is
required to do this section or by any regulation made
thereunder, and every licensee who commits a breach of any
condition of his licence, shall, where no other penalty is
provided, be liable, to a fine not exceeding five hundred
dollars.
(4) If any unlicensed launchor motor boat carries more
persons than might lawfully be carried under the regulations
made under this seetiou, having regard to the size of the
launch or motor boat, the amount of space available, and the
part or parts of the waters of the Colony in which the launch
or wotor boat has carried such ersons, or if my licensed
launch or motor boat carries more passengers than may law-
fully be carried mider the conditions of the licence, the
owner and master shall be liable. to a fine not exceeding five
hundred dollars, and to imprisonment, for any term not ex-
ceeding three months.
(5) Every person who places on the safety value of any
licensed launch greater pressmure than is allowed under
the conditions of the licence, shall be liable to a fine not
exceeding five hundred dollars, and to imprisonment for any
terin not execeeding three months.
(6) Every penson who places on the safety valve of any
unlicensed launch any greater pressure than would have
been lawful if the launch had been surveyed immediately
before the occurrence of the alleged oftence and had been
licensed under this section, shall be liable to a, fine not
exceeding five hundred dollars, and to imprisonment for any
term not exceeding three months.
(7) every owner or master of any launch or motor boat
who permits such launch or motor boat to ply while in an
unseaworthy or unsafe ocndition by reason of overloading or
from any other cause shall be liable to a fine not exceeding
five hundred dollars, and to imprisonment for any term not
exceeding three months.
(8) it shall be lawful for the harbour master or the
government marine surveyor or any person authorised thereto
by the harbour master or the government marine surveyor
purpose of inspecting such launch or motor boat, and no
person shall obstruct any such inspection,
(9) it shall belawful for the harbour master ot cancel, or
to suspend for any period, the licence of any launch or motor
boat if the govenrment marine surveyor reports to him that
from any cause the said launch or motor boat is intended, or
if at any time he ceases to approve of the sureties to any
biond given under the provisions of nay regulation made
under this section, or if from any other cause any such bond
is or becomes invalid or ceases to be in force,
(10) it shall be lawful for the governor incouncil, for
any cause which he may think fit, to cancel any launch or
motor boat licence or to suspent it for nay period.
(11) it shall be lawful for the harbour master to cancel,
or to suspend for any period, any local certificate of competency
issued by virtue of the provisions of this section, if it is
proved to his satisfaction after due inquiry that the holder
of the certificate has been guilty of any imcompetency or
negligence in the performance of his duties as master or
engineer as the case may be.
(12) it shall be lawful for the governor incouncil, for
any cause which he may think fit, to cancel any locak certificate
issued by virute of the provisions of this section or to
suspend it for nay period.
(13) if upon the cancellation or suspensionof any such
licence or certificate, the licensee, or the holder of the
certificate as the case may be, or any person inpossession of
such licence or certificate, fails to deliver up the licence or
certificate to the harbour master forthwith upon demand he
sahll be guilty of an offence against this ordinance.
(14) no master or other person in charge of any launch or
motor boat shall disobey and lawful order of the harbour
master.
(15) this section shall not apply to launches or motor boats
which are the property of his majesty or of any foreign state.
(16) nothing in this ordinance shall be construed as
exempting launches or motor boats from compliance with
the regulationsfor the prevention of collisions which are in
force in the colony under or by virute of the provisions of
the merchant shipping act, 1894.
river steamers.
38.(1) it shall be lawful for the harbour master to
grant a special licence to any river steamer, specifying the
number of passengers which such river steamer may lawfully
carry. such number shall be subject to such conditions as
the governor in council may direct by regulations.,
(2) such special licence shall conginue in force during the
period in which the river steamer holding the same is
regularly employed in such capacity; but such licence may
be revoked by the harbour master on receiving a declaration
in writing from any governmet surveyor that the steamer
has become unfit to carry the number of passengers authorised
by such licence, or on such river steamer either ceasing to
be rgularly employed as such or being employed otherwise.
(3) the owner or master of any river steamer leaving or
entering the waters of the colony with passengers on board
in excess of the number authorised by the special licence
shall be liable to a fine not exceeding two hundred and fifty
dollars, and, in addition, to a fine not exceeding five dollars
for every passenger on board in excess of the number
authoirsed by the special licence.
part X
junks and other chinese vessels
39.(1) all trading junks, fishing junks, lighters, cargo
boars, fish-drying hulks as well as any other fulks, and all
small boats other than pleasure boats (all of which, as well
as all boats included in the definition of junk in section
2, are for the purposes of this section referred to by the term
As amended by Law Rev. Ord., 1924,
As amended by No. 25 of 1913 and Law Rev. Ord., 1924.
vessel , unless they are specifically referred to with in the
waters of the colony, shall be licensed in the classes and in the
forms, and shall pay the fees for such licences, prescribed in
tables T adn U in the schedule, or such other classes, forms
and fees ads the governor in council may substitute therefor
respectively.
(2) (a) in this section master includes any person for
the time being in charge or command of any vessel.
(b) branch stateions of the harbour master's office shall be
maintained at such places as the governor may determine,
which shall be under the superintendence and control of the
harbour master, and shall be called harbour master's stations.
(c) the harbour master shall, with the approval of the
governor, by regulation appoint suitable anchorages in the
waters ofthe colony to be called anchorages for junks.,
the limits of such anchorages shall be as indicated in
table S in the schedule, but may be altered by the harbour
master, wtih approval of the governor.
(3) every master of a vessel who fails to take out a licence
as required by this section shall be liable to a fine not
exceeding one hundred dollars, or to imprisonment for any
term not exceeding three months.
(4) no vessel shall be licensed in more than one class
without the permission in writing of the harbour master with
the approval of the governor.
(5)( trading junk licences shall be issued by the harbour
master upon paymnet of the prescribed fee for such periods
and subject to such conditions as the harbour master, with
the approval of the governor, may determine, such conditions
shall be indorsed on or contained in such licence, and the
master shall cause the number of such licence to be painted
in figures, whtihc shall not at any time by ocncealed, twenty
inches in lenght in such colours as the harbour master shall
the hull in figures two inches in length, every person guilty
of a breach of any such conditions or of the provisions of this
sub-section shall be liable to a fine not exceeding two hundred
dollars, in addition to any other penalty he may thereby
incur.
(6) fishing junk licences shall be issued by the harbour
master upon payment of the prescribed fee for such periods
and subject to such conditions as the harbour master, with
the approval of the governor, may determine, such conditions
shall be indorsed on or contained in such licence, and the
master shall cause the number of such licence to be painted
in figures, which shall not at any time be concealed, twenty
inches in length in such ccoulours as the harbour master shall
direct, on each bow and on the stern, and on or about the
centre of the main sail in black figures not less than twenty-
foru inches in length, and branded on the hull in figyres two
inches in lenght. every person guilty of a breach of any
such conditions or of the provisions of this sub-section shall
be liable to a fine not exceeding one hundred dollars, in
addition to any other penalty he may thereby incur.
(7) lighters, cargo boats, fish-drying hulks and other hulks,
sampans, and all small boats, other than pleasure boats, shall
be licensed by the harbour master upon the payment of the
as the harbour master, with the approval of the governor,
may determine, which conditions shall be indorsed on or
contained in such licence, and the master thereof shall cause
the number of such licence to be painted in figures, which
shall not at any time be concealed, of such size and in such
direct. every person guilty of a breach of any such con-
ditions or of the provisions of this sub-section shall be liable
to a fine not exceeding one hundred dollars, in addition to
any other penalty he may thereby incur.
(8) it shall be lawful for the governor in council to make
regulations:
(a) for the licensing, registration, due management, control,
and regulations, within the waters of the colony, of all vessels,
and for fixing the scale of fees for such licences;
(b) for fixing the scale of fares to be charged in respect of
cargo boats, liighters, adn all small boats other than pleasure
boats;
(c) for the regulation and management of all boats, sampans,
or other vessels used as dwelling-places within the waters of
the colony and not plying for hire;
(d) for the registration or licensing of such last-mentioned
vewsels and of the people dwelling in the same; and
(c) for providing adequate means for preventing by force
when necessary any junk leaving the waters of the colony or
any port in violation of this section;
provided that until, other regulations are made those
contained in table U in the schedule shall apply.
(9) in case any greater number of persons or passengers
shall be taken or carried in any vessel within the waters of
the colony than is respectively allowed to be carried therein
by the aforesaid regulations, and any person or passenger is
drowned in consequence thereof, every person who is in charge
of suhc vessel shall be guilty of a misdemeanor, and may be
punished therefor, ithout prejudice to any civil remedy,
and in addition to any penalty provided for under the
aforesaid regulations.
910) the master of every junk shall immediately on arrival
in the waters of the colony, report such arrival at the
harbour master's officer or at the nearest harbour master's
station, or, if the said office or station is closed, as soon as
possible after it is again opened for business, and shall
deposit the licence and furnish the following particulars
which shall be entered in a register to be kept for the
purpose:
(a) the name and capacity of the junk (in piculs)
(b) the name, address and description of the owner and of
the master;
(c) the name and address of every consignee or agent, if
any, of the junk and carho in the colony;
(d) the description of the cargo on board and the number
of crew and passengers;
(e) the place from which the junk sailed on the voyage to
the colony and the date of departure from such place and of
arrival in the colony; and
(f) the number or amount, and the nature of the guns,
arms and ammunition carried, if any.
(11) the master of any junk about to leave an anchorage
at any port shall, eighteen hours before the time of the
intended departure, hoist at the highest mast-head such flag
or signal as shall be specified by the harbour master, and
shall also give notice of such intending departure, the nature
of the propsed voyage together with the general character
of cargo, and particulars of any arms, ammunition, and
other articles on board, at the harbour master's office or
stateion, as the case may be, at which the licence of such junk
has been deposited, and he will thereupon if there is no
reasobale objection have the licence returned to him:
provided always, that in case such junk shall not leave the
said anchorage within twenty-four hours thereafter, the
master shall report the same at the harbour master's office
or stateion,a s the case may be, and the reason thereof and
shall if so required re-deposit the said licence.
(12) the harbour master or the officer in charge of any
harbour master's station may, upon payment of the fee
prescribed in table T in the schedule, grant to the master
of any licensed vessel a special permit, valid for one voyage
only, for the doing of any act mentioned in such permit.
such; special permit may authorise a trading junk licensed
to trade only within the waters of the colony to leave the
waters of the oclony for one voyage only, the special per-
mits shall be in the form of entry in the junk's pass book as
shown in table T in the schedule.
(13) no vessel shall leave any port of the colony without
a clearance or permit, unless the safety of the vessel (through
stress of weather) shall render it necesary, and in such case
such vessel shall return to the former anchorage or place in
port when necessity shall have ceased.
(14) no junk except a licensed fishing junk shall leave
any anchorage or attempt to leave any port between 6 p.m.
and 6 a.m. from October to March inclusive, nor between 7
p.m. and 5 a.m. from April to september inclusive.
(15) no licence, special permit, or receipt shall be used in
respect of any vessel other than the vessel therein specified,
or ofr nay purpose or for any period of time other than as
therein mentioned, and any master of a vessel who shall
knowingly use or attempt to use any licence or special
permit which shall not have been lawfully obtained, shall be
liable to a fine not exceeding three hundred dollars, or
imprisonment for any term not exceeding twelve months
and every vessel in respect of which a licence or special
permit has been used or attempted to be used in violation of
this sub-section may, either with or without the cargo there-
of, and whether the master has been brought to trial or not,
at the discretion of the court, be forfeited.
(16) It shall be lawful for the Harbour Master to grant to
anY vessel other than a junk a licence, in like manner and
in accordance with the provisions of sub-section (5), when it
appears to him that such vessel is to be employed in the
same or a similar manner as a junk, aud such vessel shall,
so long as the said. licence is in force, be considered for all
purposes of this Ordinance to be, a junk. For any such
licence the same fee shall he paid as for a Pink.
(17) It shall be lawful for the Harbour master to order
vessels to anchor or secure in such place as he may direct,
or to prohibit their anchoring or securing in any particular
place, Or to Order them to remove to any other place.
(18) It shall be lawful for the Harbour, Master to give
such orders to all vessels, for the proper discipline of the
Larbour and for the prevention of disorder or confusion, or
otherwise as he may think fit.
(19) Every master of any vessel who shall, when within
the waters the Colony, disobeyany lawful orders of the
Harbour Master, shall be liable to a fine not exceeding one
hundred dollars.
(20) Every master of a Junk who brings into the Colony
any person who, in the opinion of the magistrate before
whom the charge is tried, has come to the Colony for the
purpose of mendicancy, or any person suffering from leprosy
or any infectious or contagious disease, or who removes any
such person from one part of the Colony to another, shall
be liable to a fine not exceeding ten dollars unless in the
case of any person suffering from any infectious or
contagious disease, such master can show to the satisfaction
of the magistrate that he had no reasonable means of
knowing that such person was so suffering.
(21) It shall be lawful for the Harbour Master or any
person deputed thereto by him, or for any officer of police
or any revenue officer, at any time to stop and board any
vessel within the waters of the Colony and demand the
production of any licence or special permit, and in case by
reason of the non-production of any of such documents, or
for any other reason, there shall be ground to believe or
suspect that any provision of the law has been violated by the
master of such vessel, or in case the document produced
shall appear from the date thereof, or from any other cause,
to have been unlawfulIy obtained, or to be unlawfully used,
to -arrest such vessel an~dthe cargo thereof (If any) and the
master, and deliver thein into the custody of the police.
(22) Every vessel, the inaster of which is charged with
having violated the provisions of this section, may be
forthwith arrested and detained, unless bail to the satis-
faction of a magistrate is given, until he shall either have
been acquitted or, if found guilty, shall have paid the fine
inflicted upon him, and in case he shall fall to pay, within
ten days, any fine inflicted upon him, the same may be
recovered by the sale of such vessel and the balance, if any,
of the net proceeds thereof, after deducting therefrom the
expenses of such sale and the amount of such fine, shall be
paid to the owner or tbe vessel if clainied within twelve
months from the date of the sale, and if not claimed within
that period, shall be forfeited: Provided that in case it shall
be brought to the knowledge of the magistrate that there is
in the Colony any consignee or agent of such vessel, no sale
thereof shall be made until three days notice shall have
been given to him in writing.
(23) Every vessel forfeited or sold under this section
shall be transferred to the purchaser thereof, at his expense,
by a bill, of sale from the Harbour Master, which shall
confer upon such plirchaser, his executors, administrators,
and assigns an absolute title to such vessel.
(24) No vessel or cargo liable to forfeiture under this
section shall be so forfeited unless the offence in respect
of which it is liable to forfeiture, shall be tried by two
niagistrates who shall have power, in their discretion, to
extend the period allowed for an appeal from their decision
to the Supreme Court, either before or after the expiration
thereof.
(25) every master of' a junk who refuses or falls to
comply with the provisions of sub-sections (10) or (11), or
who knowingly gives untrue particulars concerning the
information which he is thereby required to furnish, shall
be liable to a fine not exceeding two hundred dollars, or
to imprisonment for any term not exceeding six months.
(26) Every master of a vessel who violates the provisions
of sub-sections (13) or (14) shall be liable to a line, not
exceedine, two hundred dollars, or to imprisonment for any
term not exceeding six months, and, further, such vessel
and the cargo thereof may, in the discretion or the
magistrates, be forfeited. It shall be lawful for any
or police or revenue officer to arrest within the water, of the
Colony any junk or other Chinese vessel except a licensed
fishing leaving or attempting to leave any anchorage
or Which he has good reason to believe had left any
anchorage or any port, in contravention of the provisions of
sub-section (14).
(27) If in any action brought in respect of a collision
occurring between sunset and sunrise, in or outside the
waters of the Coloity, between a junk and any other vessel
whatsoever, it is proved that such Junk did not carry either
the lights prescribed for sailing vessels by the International
Collision Regulations, or the lights prsecribed for junks by
sub-sections (1) or (2) respectively of section 25, then such
junk shall be. deerned to he in fault, unless it is shown to
the satisfaction of the court that the circumstances of the
case made the omission to carry such lights necessary:
Provided that the word vessel 'In this sub-section shall
not be limited by the definition of vessel in sub-section ( 1).
[s. 40, re[. no. 48 of 1911]
part XI
general
prosecution of offences and procedure.
41.(1) such of the provisions of the merchant shipping
acts as apply to this colony and are inconsistent with the
provisions of this ordinance are hereby repealed so far as
they relate to ships registered in this colony; but in all
other respects the provisions of the merchant shipping acts,
so far as they are not inconsistent with the provisions of
\ thir ordinance, shall be in force in this colony, and in
particular such as relate to rights to wages and remedies
As amended by No. 11 of 1922 and Law Rev. Ord., 1924.
for the recovery thereof, to leaving seamen abroad, to the.
provisions, health, and accommodation of seamen, to the
power of seamen to make complaints, to the protection of
seamen from imposition, to discipline, to official logs, and
to crimes committed abroad shall apply, mutatis mutandis
and so far as the saine can be extended, to all ships
registered in this Colony, when such ships are within the
waters of the Colony, and to the owners, masters, and crews
of such ships.
(2) (a) every offence declared by the Merchant Shipping
Acts or by this Ordinance to be a misdemeanor may, if
tried in this Colony, be tried by the Supreme Court in the
same manner as other misdemeanors are tried, and may
also, unless otherwise expressly provided, instead of being
prosecuted before the Supreme Court, be prosecuted sun -
marily in accordance with the procedure established by the
Magistrates Ordinance, 1890, but, if so prosecuted, shall be
punishable by the magistrate only with imprisonment for
any term not exceeding six months or with a fine not
exceeding one thousand dollars.
(b) Every offence made punishable by the Merchant
Shipping Acts by imprisonment, with or without hard
labour, for any term not exceeding six months or by a fine
not exceeding one hundred pounds may be prosecuted
summarily before any magistrate, and may be punished by
imprisonment for any term not exceeding six months, or
by a fine not exceeding one thousand dollars.
(c) The provisions of the Magistrates Ordinance, .1890,
with regard. to appeals shall apply to all summary con-
victions under this section.
(3) All offences against this Ordinance, except when
otherwise provided, may be heard and determined by any
magistrate, and all penalties and forfeitures imposed and
declared by and expenses recoverable under this Ordinance,
except when otherwise provided, may be recovered and
enforced in a summary manner; and the marine magistrate
shall, in relation to all such offences, penalties, imprisonment
for default, forfeitures, and expenses, have the like powers
and authority as are given to a magistrate under the
Magistrates Ordinance, 1890, in respect of offences triable
on summary conviction.
(4) Wbere no penalty is specially attached by this
Ordinatice to the breach or infringement of any provision
contained therein, the saine shall be punishable by a fine
not exceeding two hundred dollars.
(5) (a) Where, for the purposes of this Ordinance, any
document is to be served on any person, that document may
be served-
(i) in any case by delivering a copy thereof personally to
the person to be served, or by leavings, the same at his last
place of abode; and,
(ii) if the doctiment is to be served on the master of a
ship, where there is one, or on a person belonging. to a ship,
by leaving the same for him on board that ship with the
person being or appearing to' be in cominand or charge of
the ship; and,
(iii) if the document is to be served on the master of a
ship, where there 's no master, and the ship is in the
Colony, on the managing owner of the ship, or, if there is
no managing owner, on sonie agent of the owner residin-
in the Colony, or, where no such agent is known or can be
found, by affixing a copy thereof to the, mast of the ship.
(b) Every person who obstructs the service of any
document on the master of a ship shall be liable to a fine
not exceeding. one hunred dollars, and if the owner, agent
or master of the ship is party or privy to such obstruction,
he shall be guilty of a misdemeanor.
(6) Where mider this Ordinance it is enacted that, under
certain conditions, a ship shall not leave the waters ofor
any port of the Colony, it shall be lawful. for the harbour
Master, under stich ' conditions, to detain the ship until he is
satisfied that the provisions of the law have been fulfilled.
(7) Where inider this Ordinance a ship is authorised or
ordered to be detained, if the ship, after such detention or
after service on the master of any notice of or order for such
detention, proceeds or attempts to proceed to sea before
having been released by competent authority, the master of
the ship, and also the owner or agent, and any person who
sends the ship to sea, if such owner, agent, or person is
party or privy to the offence, shall be liable to a fine not
exceeding five hundred dollars.
(8) Where a ship so proceeding to sea takes to sea, when
on board thereof in the execution of his duty, any officer
authorised to detain the ship or any surveyor or officer
appointed by the Governor, the owner and master of the
ship shall each be liable to pay all expenses of and incidental
to the officer or surveyor being so taken to sea, and shall
also be liable to a fine not exceeding five hundred dollars, or,
if the offence is not prosecuted summarily, not exceeding
fifty dollars for every day until the officer or surveyor
returns, or until such time, as would enable him, after
leaving the ship, to return to the port from which he was
taken, and such expenses may be recovered in like manner
as the penalty.
(9) Any exception, exemption, proviso, excuse, or quali-
fication in relation to any offence -under the Merchant
Shipping Acts or -under this Ordinance, whether it does or
does not accompany in the same section the description of
the offence, may be proved by the defendant, bin need not
be specified or negatived in any information or complaint,
and if so specified or negatived, no proof in relation to the
matter so specified or negatived shall be required on the
part of the informant or complainant.
(10) in any proceeding in court against any person for a
breach of the provisions of this Ordinance, all entries in the
official log and the articles of agreement shall be received
in evidence, subject to all just exceptions.
Regulations.
42.-(1) In addition to the powers hereinbefore given,
it shall be lawful for the Governor in Council to make
regulations-
(a) for the purpose of prohibiting, restricting, regulating
and controlling in any manner whatsoever the embarkation
or landing of persons or things on or from vessels of all
kinds; and
As amended by Law Rev. Ord., 1924 (See No. 13 of 1917, s. 4 (1)
(b) for the better and more effectual carrying out of the
provisions of this Ordinance.
(2) In any regulations, or conditiom, made under this
Ordinance, it shall be lawful for the Governor in council
to impose penalties for the breach thereof, but so, neverthe-
less, that, except for breach of quarantine regulations, the
penalty shall not exceed two hundred dollars or six months
imprisonment, with or without hand labour.
Remuneration, fees and costs.
43.-(1) There may be paid out of the revenue to any
officer or person appointed under this Ordinance, or to any
member of a Marine Court, examination Board, or Court
of Survey, or to any assessor, such renitineration as this
Ordinance directs or, in so far as this Ordinance does not
extend, as the Governor inay direct.
(2) There may be paid out of the revenue all costs and
compensation payable by the governor or the government
in pursuance of this Ordinance.
(3) The fees prescribed by the Governor in Council are
hereby declared to be payable to the collector appointed by
the Governor, and the same and all other fees payable,
under this Ordinance may be recovered summarily before a
magistrate.
abstract of the ordinance.
44. An abstract, of such portions of this Ordinance as
the governor may approve, together with such other informa-
tion as he may deem expedient, the whole to be known as
the Hongkong Port Regulations, shall be delivered to the
master of every vessel it the time. the vessel enters
the waters of the Colony; and if, before obtaining clearailee,
the master does not, return abstract to the Harbour
Master, he shall pay a fee of one dollar for the same.
Ships of war.
45. This Ordinance shall not, except. where otherwise
specially provided, apply to his Malesty's ship of war or to
As amended by Law Rev. Ord., 1924,
the ships of war of any foreign nation nor shall it apply,
except so far as regards Parts VI, VII, X and XI, to pleasure
yachts, nor to the owners, masters, and crews thereof.
Skips propelled by electricity, etc.
46. Any provisions of this Ordinance applying to steam-
ships shall apply to ships propelled by electricity or other
mechanical power, with such modifications as the Governor
may prescribe for the purpose of adaptation.
SCHEDULE.
Table A.
REGULATIONS RELATING TO LUE-SAVING APPLIANCES, &C
For the purposer of these regulations, ships shall be arranged into the
following classes:
Class I-Sea-going ships having passenger certificates. under section 10.
Class II-Sea-going ships not certified to carry passengers and
Class III-River steamers under Section 38.
CLASS 1.
Regidatians wid scale for sea-going ships having passenger
certificates under section 10.
1. Ships of Class I shall carry boats placed under davits fit and ready for
use and having proper appliances for getting them into the water, in number
and capacity not less than prescribed ill the scale annexed to regulation 2
of the regulations in this Table relating to ships of Class I. The boats
shall be equipped in the manner required by, and shall be of the description
defined in, the General Regulations appended hereto.
2. Masters or owners of ships of Class I claiming to carry fewer boats
than are aiven in the following scale must declare before the Harbour
Master at the time of clearance that the boats actually placed under davits
are sufficient to accommodate all persons on board allowing 10 enbie feet of
boat capacity for cach adult person or stalute adult
As amended by Law Rev. Ord., 1924.
990 No, 10 of 1899 MERCHANT SHIPPING
NOTE.-When in ships already fitted the required cubic contents of boats
placed under davits are provided although by a smaller number of boats than
the minimum required by this scale, such ships shall be regarded as complying
with the regulations as to boats to be carried under davits.
3. Not less than half the number of boats placed tinder davits shall be,
boats of section A or section B of regulation 1 of the General
Regulations.
4. The remaining boats may also be of such description or may it the
option of the ship-owner (or, master), be beats of section C or section D in
accordance with regulation 1 of the General Regulations : Provided that,
not more than 2 boats shall be boats of section D.
5. If the boats placed under davits in accordance with the foregoing
scale do not furnish sufficient accommodation for all persons ou board, then
additional wood, metal, collapsible, or other boats of approved description
(whether placed under davits or otherwise) or approved life-rafts shall be
enrried. One of these bouts may be it steam launch ; but in that case the
space occupied by the engines and boiler is not to be included in the estitnated
cubic capacity of Like boat. Subject to the provisions contained ill regulation,
7 of the regulations in this Table relating to ships of Class 1, such additional
boats or rafts shall be of at least such carrying capacity that they and the
boats required to be placed under divits by the said scale provide together
in the aggregate in vessels of 3,000 ton; gross aud upwards three-fourths,
and in vessels of less than 5,000 tons gross one-half more than the minimum
cubic contents required by column 3 of the said scale, and for this, purpose 3
cubic feet of air-case in the life-raft is to be estimated as 10 cubic feet of
internal capacity : Provided always that the rafts will accommodate all
the persons for which they are to be certified under the regulations, and also
have 3 cubic feet of air-case for each person. All such additional boats or
rafts shall be placed as conveniently for being available as the ship's arrange-
ments admit of, having regard to the avoidance of undue incumbrance of the
ship's deck, and the safety of the ship for the voyage.
6. When ships are divided into efficient water-tight, compartments, so
that with any two of theint in free communication with the sea, the ship will
remain afloat in moderate weather, they shall only be requition to carry
additional boats or life-rafts of one-half of the capacity required by regulation
5 of the reulations in, this Table relating to ships of Class 1.
7. In addition to the life-saving appliances before mentioned, ships of
this class shall carry not less than one approved life-buoy, (regulation 10 (a)
or 10 (b) of the General regulations), for every boat placed under davits.
They shall also carry approved life-belts (regulation 9 of the General
Regulations), or other similar approved articles of equal buoyancy suitable.
for being worn on the person so that there may be at least one for cach
person on board ship : Provided that he ship of this class shall he required
to carry more boats or rafts than will furnish sufficient accommodation for
all persons on board.
CLASS II.
Regulations for sea-going ships not certified to carry passengers.
1. Ships of Class II shall carry on each side at least so many and such
boats of wood or metal placed under davits (of which one on one side shall
he a boat of section A, or section B, and oil the other side shall be a boat
of section A, or section B, or section C of regulation I of the General
Regulations) that the boats on each side of the ship shall be sufficient to
accommodate all persons on board. They shall have proper appliances. for
getting the boats into the water.
2. They shall carry approved life-belts as required for ships of Class I.
3. They shall carry not less tlian 6 approved life-buoys (regulation 10 (a)
or 10 (b) of the General Regulations).
CLASS III
regulations for steamships having special licences as river steamers
under section 38
1. ships of class III shall, according to their tonnage, carry boats placed
under davits as required for ships in class I.
2. If the boats placed mider davits in accordance with the above require-
ments do not furnish sufficient accommodation for all persons on board, then
additional bouts or approved life-rafts shall be suppplied as for ships of
Class I.
3. Provided that if (having regard, to the avoidance of undue incumbrance
of' the ship's deck and to the Safety of the ship for the voyage) it, is not
practicable for a ship of tbis class to carry additional approved boats or
approved life-rafts as required for ships of Class 1, the deficiency so caused
may be made up by the supply of an equivalent number of approved buoyant
deck seats or other approved buoyant deek fittings to the satisfaction of the
Government Marine Surveyor.
4. At least one approved life-buoy (regulation 10 (a) or 10 (15) of the
General regulations) shall also be provided for each boat of wood or metal
carried by the ship, but in no case shall less tban 6 approved life-buoys be
provided.
GENERAL REGULATIONS
1.-Boats.
NOTE.-,All boats shall be properly constrncted and equipped as provided
by the. General Regubitions and in bonts and other life-saving appliances
are to be kept ready for use to the satisfaction of the Government Marine
Surveyor.
Section A-A boat of this section shall be a life-bont properly constructed
of wood or metal having., for every 10 cubic feet of the capacitv computed,
as in regulation 2 of the General Regulations, at, least one cubic foot of
strong and Serviceable inclosed air-tight compartment, such that water
cannot find its way into them.
Section B-A boat of this section shall be a life-boat properly const.ructed,
of wood or metal having inside and outside buoyancy apparatus together
equal in efficiency to the buoyancy provided for a boat of section A. At
least one-half of the bnoyancy apparatus must be attached to the outside of
the boat.
Section C-A boat of this section shall he a life-boat properly costructed
of wood or metal having some buoyancy apparatus attached to the inside
and/or outside of the boat equal. in efficiency to one-half the buoyancy ap-
paratus provided for a boat of section A or section B. At least one-half
the buoyancy apparatus must be attached to the outside of the boat.
Section D-A boat of this section shall be a properly constructed boat of
wood or metal.
2.-cubic capacity
measure the length and breadth outside and dept inside; multiply
thern together and by .6 ; the product is the capacity of the boat, in cubic
feet. Thus, a boat 28 feet long, 8 feet 6 inches broad, and 3 feet 6 inches
deep will be regarded as having a capacity of 28 x 8.5 x 3.5 x 6=499.8
or 500 cubic fee If the oars arc pulled in rowlocks, the bottom of the
rowlock is to he considered the gunwale of the boat, for ascertaining her
depth.
3. number of persons for boats.
The number of persons a boat of section A shall be deemed fit to carry
shall be the number of cubic feet (ascertained as in regultation 2 of the
General Regulations) divided by 10. Theor persollA a boat of
sections B, C, D shall bo deenied fit to carry shall be the number of
cubic feet (ascortained as in regulation 2 of the General Regulations)
divided by 8. The space in the boat shall be sufficient for the seating of
the persons carried in it and for the proper use of the oars.
4.-Appliances for lowering boats.
Appliances for getting boats into the water must fulfil the following,
conditions :- means are to be provided for, speedily detaching the boats from
the lower blocks of the davit, tackles ; the boats placed wider davits are, to
be attached to the davit tackles and kept ready for service ; the davits are
to be strong enough and so spaced that the boats can ho swuno, ont, wich
facility ; the points of attachment of the boats to the davits are to be
sufficiently away from the ends of the boats to ensure their being easily
swung clear of the davits ; the boats ehocks are to be stich as call he
expeditiously removed ; the davits, falls, blocks, eye-botts, rings. and the
whole of the tackling are to be of sufficient strength ; the boats' falls are to
be long enough to lower the boat into the water with safety when the
vessel is light; the life-lines fitted to the davits are to be long enough to
reach the water when the vessel is light ; and books are not to be attached
to the lower tackle blocks,
5-Equipment for boats aizd for life-rafts.
In order to be properly equipped each boat be provided as
follows --
(a) with the full (single banked) complement of oars, and two spare
oars ;
(b) with two plugs for each phug hole attached with lanyards or chains,
and one set. and a half of thole pins or crutches attached to the boat by
sound lanyards ;
(c) with a sea anchor, a baler, a rudder and tiler or yoke and yoke lines,
a painter of sufficient length, and a boat hook. The rudder and baler to be
kept attached to the boat by sufficiently long lanyards and kept ready for
use ; and
(d) with a vessel to be kept filled with fresh water.
Life-rafts shall be fully provided with a suitable equipment.
6.-Additional equipment for bonts of section A and B.
in order to be properly equipped each boat of sections A and B, in
addition to being provided with all the requisites laid down in regnlation .5
of tbe General Regulations, shall be equipped as Follows (but not more
than boats in any one ship are required to have this outfit) :-
(a) with two hatchets or tomahawks, one to be kept, in each end of the
boat and to be attached to the boat by a lanyard ;
(b) with a mast or masts, and with at least one good sail and proper gear
for each
(c) with a line in loops rull round the outside or the boat and
made fast ;
(d) with in efficient compass
(e) with one gallon of vegetable or animal on in it vessel of approved
pattern for distributing it on the water in rough weather ; and
(f) with a lantern trimmed, and with on in its receiver sufficient to
burn 8 hours.
7. - number of persons for life-rafts
The number of persons that any approved life-raft for use at, sea shall be
deemed to be capable of carrying shall be determined with reference to each
separate Pattern approved by the Government Marine Surveyor.
Provided always that for every person so carried tbere shall be at, least 3
cubic feet of strong selwiceable inclosed air-tight compartments such that
water cannot find its way into them. Any approved life-raft of other con-
struction may be used provided that it has equivalent buoyancy to that
hereinbefore described. Every such approved life-raft, shall be marked in
such a way as to indicate plainly the number of adult persons it can carry.
8. buoyant apparatus
Approved buoyant apparatus shall be deemod sufficient for it number of
persons to be ascertained by dividing the number of pounds of iron which
it is capable of supporting in fresh water by 32. Such buoyant apparatus
shall not require to be inflated before use, shall be of approved construction,
and marked in such a way as to indicate plainly the number of persons for
whom it is sufficient.
9.-Life-belts.
All approved life-belt shall mean a belt which doos not require to be
inflated before use avid which is capable of floating in the water for at
least 24 hours with 15 lbs. of iron suspended from it.
10.-Life-buoys
An approved life-buoy shall mean either : -
(a) a life-buoy built of solid cork and fitted with life-lines and loops
securely seized to the life-buoy and capable of floating in the water for at.
least 24 hours with 32 lbs. of iron suspended from it ; or
(b) a strong life-buoy of any other approved pattern and material provided
that it is capable of floating in the water for at least 24 hours with 32 ibs.
of iron suspended from it, and provided also that it is not stuffed with
rushes, cork shavings, or loose granulated cork, or other loose material, and
does not require inflation before use.
11. positionof life-belts and life-buoys.
All life-belts and life-buoys shall be so placed as to bc readily accossible
to the persons on board aud so that their position may be known to those
for whom they are intended.
Table B.
REGISTRY FEES. [s. 43 (3).]
Electing an Imperial Register and granting a certificate thereof
under 50 tons, ..................... $10,00
50 tons to 100 tons ...... ........115.00
100 tons to 200 tons ...................20.00
for every additional 100 tons or fraction of 100 tons 5.00
Copy from Register Book ..............10.00
For every declaration made in any of the forms specified in Part II
of the First Schedule to the Merchant Shipping Act, 1894 ... 4.00
Indorsing a memorandum of change of master upon certificate of
Imperial Registry ......................2,00
Indorsing a niemorandum of change of ownership upon certificate of
Imperital ..........................4.00
Certificate of sale or mortgage .................. 4.10
Recording the mortgage of a ship, or shares in a ship 10.00
Recording the transfer of a mortgage of a ship, or shares in a ship, 10.00
Recording the discharge of a mortgage of a ship, or shares in a ship, 10.00
As amended by Law Rev. Ord., 1924.
Indorsing on register a charge in rig or tonnage .........................4.00
Recording the sale of a ship or shares in a ship 10.00
For every alteration in agreements with seamen 2.00
For certifying a desertion .................... 2.00
For attesting a seaman's will .......nil.
For examining provisions or water (to be paid by the party failing
to support his case) ................10.00
For inspection of Register Book ... ...... 2.00
(b) the above sacle is for 12 months, for 6 months six-twelfths of the
fee will be charged, for 9 months nine-twelfths, and so on, at the rate of
one-twelfth for each month; but no fee is to be less in amount than three-
twelfths. In all cases of new steamships, or of steamships coming under
survey for a passenger certificate for the first time, a full 12 months fee
must be paid, notwithstanding that a certificate for 12 months may not be
required, and in no case of an incomplete declaration will less than three-
twelfghs be charged.
(c) the fee paid in accordance with the foregoing scale covers any
number of visits that a surveyor may require to make before he is able to
grant his declaration, as well as the inspection of the lights and fog-signals,
and of the marking of the vesse, which inspection must be made by the
surveyor before he can grant his declaration. the fee does not, however,
apply to or include any inspection of lights, fog-signals or making made
subsequently to the granting of the declaration.
(d) the above fee does not cover any service under the chinese pas-
sengers act, 1855, or the asiatic emigration ordinance, 1915, or
measurement for tonnage.
As amended by Law Rov. Ord,, 1924.
2,-(a) Survey of ships under the Chinese Passengers Act, 1855,
or the Asiatic Emigration ordinance1915.
(b) A special survey is to be deemed to be a survey requiring more thall
two visits by a Government surveyor or surveyors, or a survey in eases in
which from age or any orber circumstances there are reasonable grounds
for doubting the seaworthiness of the vessel. Where the ease requires
unusual attention and occupies an unusual amount of tbe surveyor's time,
the higher fee of $60 and upwards will be charged, according to the special
circumstances of the case and the number of visits made.
(c) Where a declaration has been granted for a steamship under section
10 (8) of the Merehant Shipping Ordinance, 1899, the survey under the
Chinese Passengers Act, 1855, or the, Asiatic Emigration Ordinance, 1915,
will he made on payment of half the usual fee mentioned above. The fee
paid in accordance with the above scale covers the inspection of the lights
and fog-sigmals, and of the marking of the vessel, made at, the time of
survey under the Chinese Passengers Act, 1855, or the Asiatic emigration
Ordinance, 1915. It does not, however, apply to, or include, any inspection
of lights, fog-signals, or markine, made subsequent to such survey.
(d) The fee for survey under the Chinese Passengers Act, 1855, or the
Asiatic Emigration Ordinance, 1915, does not cover any survey of a
steamship for a passenger certificate tinder the Merchant. Shipping Ordi-
nance, 1899, or measurement for tonnage, or inspection of crew spaces.
(e) Travelling expenses (if any) and subsistence expenses (if any) due
according to the scale authorised by the Governor will be charged it
addition to the fees.
4.-Inspection of the berthing or sleeping acoommodation
of the crew.
(a) The fee to be paid on application for inspection is $6.
(b) A further fee of 86 will be charged if more than one visit by the
surveyor is necessary.
(c) The fees for inspection of crew spaces will not be charged if the
iuspection is matle when the vessel is measured for tonnage, but if a second.
or third visit is necessary for erew spaces alone it fee of 86 for each visit
will be charged.
5. inspection of lights and fog-signals.
(a) The fee to be paid on application for inspection is 86.
(b) A further fee of 86 will be charge if more than one visit by the
Government Marine Surveyor is necessary.
6.-Inspection of the markings of
The fee for a first visit is $6, aud is to cover all expenses except where
application is made by the owner, whell expenses are also to be charged
For any subsequent visit, expenses are to be charged, but no further fee.
7. inspection of tracings or drawings.
the fee to be paid when tracing is submitted for inspection is $30.
This fee will not be charged wben tbe full fee for survey under the
Merchant Shipping Acts, the Chinese Passengers Act, 1855, or the Asiatic
Emigration Ordinance, 1915, has been paid.
8.-Survey of seaworthiness for change of name when directed
to be made.
Fees will be charged in accordance with the scale for a 12 months
passenger certificate (See scale in regulation 1 of those regulations).
9.-Recording change of name and indorsing carving note.
The fee to be charaed when no survey of seaworthiness is. made is $10.
10.-Survey for re-registry under section 54 of the
merchant shipping Act, 1894.
Tbe fee will be charged on the same scale as for change of nalne. This
fee includes the inspection of crew spaces and lights, but does not include
measurement for tonnage.
11.-Stti-vey of a vessel before transfer to a foreign flag.
The fee to be charged in cases of survey before transfer to the flag of
any other country is $50.
12. minor inspections, alteration of rig, port of registry, &c
A fee of $10 is to be charged in all cases of minor inspections (e.g.
alteration of rig, port of registry, description of engines, &c.)
13. For remeasitrement of passenger accommodation in any
ship the passenger certificate of which is unexpired.
A fee of $20
14.-For surveys of ship's bottom only.
Half the fee for survey of steamships for passenger certiticates.
15-For survey of boilers.
A fee of $50.
16-For approving and certifying position of load-line.
A fee of $10.
17. overtime fees for service of Government marine surveyors.
Week days,-
from 8 a.m. to 10 a.m. and 4 p.m. to 6 p.m . $10 per hour.
from 6 a.m. to 8 a.m. and 6 p.m. to 8 p.m . 20
before 6 a.m. and after 8 p.m . ........40
On Sundays and holidays ................40
A service occupying less than one hour will be charged as one hour.
For a service exceeding one hour, a quarter of the fee will be charged for
each quarter of all hour, and any expenses incurred will be charged in
addition.
N.B.-When an incomplete declaration is given, one-half of the Survey
fee in regulation I of tbese regulations will be charged.
Table D
SPACE TO BE ALLOTTED TO PASSENGERS IN SHIPS NOT WITHIN THE
CRINr8E PASSFNCERs ACT, 1855, Oft THE ASIATIC
EMIGRATION ORDINANCE, 1915.
[ss.. 10 (8) (-) (v), 11 (1) (e) & 11 (3).]
1. The space to be provided on the between decks shall be 9 superficial
alid 54 enbic feet of space for each passenger.
2. On the upper or weather dock there shall be provided for the exercise
of the passengers and crew a space of 4 superficial feet for ench member of
the crew and for each passenger accommodated on the between decks ; and
if it be intended to carr passengers on the remaining spaces of the Said
weather deck, then 12 superficial feet of such remaining space shall be
provided for each upper deck passenger.
As amended by G.N. No. 116 of 1920 and Law Rev. Ord., 1924.
3. Upper deck passentrers may be carried only between ports within the
following limits, namely, Hongkong, the coast of China, formosa, french
Indo-China, and the Philippine Islands.
4. Between the 1st day of June and the 14th day of Outober, both days
inclusive, every ship carries tipper (leek passengers under regulation
3 of this Table, shall, for the use of such passenger, be furnished witb a
deck-house or other permanent protection against, the weather which will
provide a space of 12 superficial feet and 72 cubic, feet for each upper clock-
passenger carried : Provided that this regulation shall not, upply to voyages
between hongkong and Swatow or Swatow and Hongkong, on which run
upper deck passengers may be carried at all seasons of the year without the
provision of the deck-house.
5. Passengers are not to be earried on more than two decks on any one
voyage.
6. The superficial area, of a deck shall mean the area of the deck itself
exclusive of sky-lights, hatchways, and other incumbrances.
7. No part of the cargo or of the passengers luggage or of the
provisions, water, or, Stores, Whether for the use or the passengers of the
crow, shall be carried on the upper deck or on the passengor
the same is stowed and secured to the satisfaction of the harbour Master,
and is phteed so as not to impede light or ventitlation or to interfere with
the comfort of the passeagers ; and any space so occupied and rendered
unavailable for the accomodation of the passengers shall be deducted in
calculating the passenger space.
8. There shall. not be more than two tiers of berths on any one deek.
9. Such provisions for affordiner light and air to the passenger decks
shall be supplied as the circumstances of the case may, in the judgment of
the Harbour Master, require. The, passenger shall have the free and
unimpeded use of the whole of the hatchway situated over the space
appropriated to them, and over each such hatchway there shall be crected
such a booby hatch or other substantial covering as will afford it the
amount of light and air and of protection from wet as the case will admit..
10. The First and Second Class Saloons, if not reserved for First and
Second Class passengers, may be included in the spaec provided for in
regulations 1, 2, and 4 of this Table.
Table E. [ss. 4 (3), 37 (2) & 43, (3).]
REGULATIONS FOR LAUNCHES AND MOTOR BOATS.
1. Subject to the provisions of regulation 35 of these regulations, all
launches and motor boats shall be licensed in the manner directed by these
regulations, and no person Shall have or use any unlicensed launch or motor
boat.
As amended by G. Ns. Nos. 35 of 1913, 460 of 1914, 141 of 1917, 381 of 1918,
362 of 1921, 447 of 1922, 171 of 1923, and Law Rov. Ord., 1924.
2. The owner of any launch or inotor boat, before obtaining a licence,
shaH cause his launch or motor boat to he surveyed by the government
Marine Surveyor.
3. The emdkate of die Government Maxine Surveyor shall contain
statements of the following particulars :-
(a) that the bull, lenght , breadth ,depth gross/net
tous, is sufficient for the service intended., and is in good condition :
(b) the number of passugers which the vessel is fit to carry according to
the following scale :-
(i) for vessels plying iwthin the harbour limits or between any ports
or places in the island of hongkong, provided that the western
entrance to the barbour is used both in going and coming, at the
rate of 7 superficial feet of the upper or weather deck and of the
deck immediately below the upper deck for each passenger and
member of the crew.
9ii) for vessels plying to places within the local trade limitd, or
iwthin the sheltered and partially sheltered waters of mirs bay,
castle peak, or deep bay, at the rate of 10 superficial feet of
the upper or weather deck and of the deck immediately below
the upper deck for each pasenger and member of the crew; and
(iii) for vessels plying to places outside the local trade limites at the
rate of 2 passengers for every 3 tons of the vessel's tonnage.
(c) that the master possesses a local certificate of competency from the
harbour master.
(d) that there is provision on board for the shelter of deck passengers,
harbour master.
9e) that the vessel, if carrying passengers outside the harbour limits, has
at least one boat in such a position as to be readily towered into the water,
and in addition approved buoyant apparatus or approved life-belts, and
persons carried on board, but so that at least 4 approved life-buoys shall be
carried at any time;
(f) that the vessel is properly fitted with bow and mast-head lights and
also a riding light, in accordance with section 37(16) of the merchang ship-
ping ordinance, 1899.
(g) that the vessel is properly found with auchors and claims;
(h) that the crew is sufficient for the requirements of the vessel;
(i) the time for which the said hull and equipment will be sufficient;
(j) that the machinery and boiler of the vessel are sufficient for the service
intended, and in good condition, and that the safety valve is so constructed
as to be out of the control of the engineer when the steam is up, and is not
loaded beyond the pressure permitted by the surveyor's certificate;
(k) the time for which such boiler and machinery will be sufficient ; and
(l) that the engineer of the vessel possesses a local certificate of
competency from the Harbour Master.
in the case of motor boats the following shall. he substituted for (j), (h)
and (1) :-
(m) that the machinery of the vessel is sufficient. for the service intended
and is in good condition ;
(n) the time for which such machinery will he sufficient ; and
(o) that the engineer of the vessel possesses a local certificate of
competency as motor engineer from the Harbour Master or such otber
certificate as may be recognised by him.
4. A fee of $15 shall be paid for each certificate.
5. On the receipt of the certificate, the Harbour Master will cause a
licence to be issued to the owner empowering the vessel therein described
to ply as therei*n mentioned for a period not exceeding 12 months : Provided
that no such licence shall be granted unless the intended licensee enters into
a bond, in the form provided in Appendix B of this Table, together with
one or more sureties resident in the Colony and approved of by the harbour
Master, conditioned in a suin not exceeding 1,500 dollars for the observance
of the conditions of such licence.
6. The licence shall be in the form of Appendix A of this Table.
7. Such licence shall at all times, except where otherwise provided by
law, be kept on board the vessel for which it is issued, and shall he
produced on demand to any harbour or police or revenue officer.
8. No launch or motor boat shall, subject to the provisions of regulation
34 of these regulations, be under way without a master and engineer each
holding a local certificate of competency from the Harbour Master as
provided by regulation 16 of these regulations.
9. No person shall use any licence, clearance permit, or other document
granted under the provisions of section 37 of the Merchant Shipping
Ordinance, 1899, in respect of any launch or motor boat other than the one
therein mentioned.
10. Every vessel licensed under these regulations shall have the name
thereof in English and Chinese legibly painted on the stern and on each
bow together with the number of passengers which may lawfully be carried
under the conditions of the licence.
11. Every such vessel shall be kept in a proper state of cleanliness and
repair.
12. -(a) The fees to be paid for licences shall be according to the
following scale
For vessels licensed toFor vessels licensed to ply to and
ply only within the from and between any places in
harbour limits. the waters of the Colony.
Vessels under 10 tons ......$10.................. $20 per annuin.
10 tons to 20 tons ..................... 20 .................. 30
20 30 , .................30 .................. 40
30 40 .................40 .................. 50
40 50 .................50 .................. 60
50 60 .................60 .................. 70
(b) The above scale is for 12 months.
(c) For 6 months six-twelfths of the fee will be charged, for 9 months
nine-twelfths, and so on at the rate of one-twelfth for each month. But no
fee is to be less in amount than three-twelfths.
13. The following is the maximum scale of hire for launches and motor
boats within local trade limits :-
1st class :-Vessels of 40 tons and upwards not exceed-
ing 60 tons---
For first hour ............$6
Each subsequent hour ......5
2nd class : Vessels of 20 tons and upwards being less
than 40 tons---
For first hour .............5
Each subsequent hour .......4
- 3rd class :--Vessels of less than 20 tons---
For first hour .............4
Each subsequent hour .......3
14. If the space measured for passenger accommodation is at; any time
occupied by cargo or passengers luggage then one passenger is to be
deducted for every 7 superficial feet of space so occupied.
15. No dangerous goods as defined by the Dangerous Goods Ordinance,
1873, in whatever quantity shall be carried at the same time as
passengers.
16. The Harbour Master may issue a local certificate of competency as
master or engineer of launches or motor boats. A fee of $2.50 for the
examination of any person for such certificate shall be payable to the
Harbour Master at the time of the examination, and such master or engineer
shall, if he obtains a certificate, produce three copies of a photograph of
himself, one to be attached to his local certificate of competency, one to be
attached to the licence of any vessel to which he ma belong or hereafter
belong, and one for record in the Harbour Office ; and when a master or
engineer is transferred from one launch or motor boat to another he shall
produce a photograph of himself to be attached to the licence of the vessel
to which he is to be transferred.
17. The examination for local certificate,; of competency for engineers of
motor boats (to be styled motor engineers) shall. be limited to the knowledere
and management of the engines of inotor boats. The several types of
motors in the management of which each such engineer has qualified shall
be noted in his certificate.
18. If, at any time subsequent to the granting of it local certificate of
competency, it shall appear to the Harbour Master that the photograph
attached thereto fails to represent the holder accurately, he may Call upon
the said holder to produce three copies of it photograph which shall
accurately represent him for use as provided in regulation 16 of these
regulations.
19. If an master or engineer qualified as such according to these
regulations shall at any time be unemployed for kitty period exceeding two
years as shown by die record book, he shall be re-extunined before engage-
ment for duty in such a capacity in it a launch or motor boat without a fee
unless a new certificate is required.
20. The master of every launch or motor boat shall within 18 hours
after arrival at any port of the Colony report such arrival at the Harbour
-Master's office or at the nearest Harbour Master's station and shall deposit
the licence anti shall. furnish the particulars required for entry in the Record
of Voyages, and the said particulars shall thereupon be entered in the
licence and in a register to be kept for the purpose.
21. The master of every launch or motor boat about to leave any Port
of the Colony shall either at, the Harbour Master's office or at the nearest
harbour master's station give notice of such intended departure and shall
furnish the particulars required for entry in the Record of Voyages and the
snid particulars shall thereupon be entered in the licence and the licence
shall be returned to the master : Provided always that in case the said
launch or motor boat does not leave the said port within 24 hoars after the
return of the licence the master shall report either at the Harbour master's
office or at the nearest Harbour Master's station and shall re-deposit the
licence if required to do so.
22. No launch ot, motor boat shall leave arty port between 6 p.m. aud
6 a.m. from October to March inclusive, or between 7 p.m. and 5 .a.m. from
April to September inclusive, without a night clearance for which it fee of
one dollar shall bp paid.
23. Regulations 20, 21 and 22 of these regulation., shall not apply in
the case of any launch or motor boat on occasions, when it is used solely for
purposes of pleasure.
24. The Harbour Master may on payment of a fee of 25 cents grant to
any master of a launch or motor boat a special permit which shall be
srifficient warrant or authority for the doing of any act mentioned in such
permit.
25. No master of a launch or motor boat shall knowingly give untrue
particulars to the Harbour Master or to the Government Marine Surveyor
or to any officer deputed by them to obtain such particulars'
26. The owner of every launch and inotor boat shall have such launch
or motor boat surveyed by the Government Marine Surveyor yearly or
half-yearly, as he may in each case direct, and the requirements of such
surveyor shall be complied with, and thereupon a, certificate to that effect
shall be given by such surveyor to the owner on payinent of a fee of $l0
in respect of ench survey, and such certificate shall then be produced to the
Harbour Master withont undue delay.
0-7. No owner, master, or person inchargeof any launch or motor boat
shall use the same before obtaining such certificate of survey.
28. Every owner of any launch or motor boat, shall report to the
Harbour Master the name of, and the number oF the certificate held by,
every master and engineer engaged by him for such launch or motor boat
within 48 hours of such enagement.
29. Every owner of any launch or motor boat shall report to the
Harbour Master the nnine of, and the number of the certificate beld by.
every master and engineer of such launch or motor boat discharged by him.
giving the reason for such discharge, within 48 hours of such discharge.
30. Every master and engineer of any launch or motor boat holding a
certificate shall, on engagement produce such certificate to the Harbour
Master for registration and shall pay for such registration a fee of 50
cents.
31. Every master and engineer of any launch or motor boat shall, on
discharge, report such discharge to the harbour Master within 48 of
such discharge, and shall produce his certificate.
32. A record shall be kept in the harbour Master's office, setting forth
the dates of engagement and discharge of all certificated masters and
enaineers of launches or motor boats, the reason for their discharge, and all
complaints and charges against, them, and ally punishments awarded in
respect thereoF by the marine or other magistrate, or fly the harbour
Master.Such record. shall be open to inspection by owners of launches or
motor boats or their representatives.
33. The certificates of competency or masters and engineers of launches
or motor boats, while under way in the, waters of the Colony, shall be kept,
on board the vessel, ready to be prodneed for inspection by the harbour
Master or his deputy, or by any officer of police.
34. It shall be lawful for the Harbour Master in such special cases, as he
may think fit to issue a permit to any motel, boat carrying a certificated
motor engineer, who also holds a master's certificate under these regulations,
to be under way in the waters of the Colony in charge of such engineer
only. Such permit shall be in writing and shall be signed by the harbour
master and shall be subject to the conditions therein contained.
35. Regulations 1 to 7, 9 to 15, 20 to 23, 25 to 27 and 36 to 38
of these regulations shall not apply to any motor boat which is used solely
for purposes of pleasure.
36. No person shall gamble ou any launch or motor boat used as a
ferry.
37. The master of any launch or motor boat used as a ferry shall not,
permit any gambling on such launch or motor boat.
38. The master of every launch or motor boat , when conveying
passengers shall be responsible that such launch or motor boat is carefully
steered and travels with reasonable expedition and shall permit any
passenger travelling on such latinch or motor boat not being a ferry to
disembark at any place where such passenger can lawfully disembark with-
out risk, when requested by such passenger to do so.
39. During the months of May to October inclusive, no launch or
motor boat shall he or anchor in Repulse Bay north of a straight line from
the east point of the island west of the Repulse Bay bathing beach and
known as Tuncr Po Chau Island to the red bnoy inoored off the foreshore
of Repulse bay. This regulation shall not prevent launches and motor
boats approaching the shore for the purpose of embarking or disembarking
passengers as expeditiously as possible.
Appendix A. [Regulation 6.]
FORK OF LICENCE BOOK.
Bach of cover.
Audit No ............
Hongkong Glovernment.
Launch Licence Book.
Motor boat
Licence to ply* to and from and between any places in the waters of the
Colony*.
Name of launch ...........
Licence No ..........................................
Aside cover.
This licence has been granted under Section 37 of the Merchant
Shipping Ordinance, 1899, ind the reaulations contained in Table E in the
Schedule to the said Ordinance to
in respect of the Launch........... Which is
motor boat
hereby authorised to ply* to and from and between any pInces in the
waters of the Colony* subject to the provisions of the said Ordinance wid
of any regulations made thereunder.
extract from conditions of licence.
1. If any licensed launch or motor boat carries more persons than may
lawfully be carried under the conditions of the licence, the owner and
master shall be liable to a fine not exceeding, five hundred dollars and
to imprisonment for any term not exceeding three months.
2. No launch or motor boat shall be under way without a master and
engineer each holding a local certificate of cornpetency from the Harbour
master.
3. If any person places on the safety valve of any licensed launch any
greater pressure than is allowed under the conditions of the licence, he
shall be liable to a fine not exceeding five hundred dollars and to imprison-
ment for an term not exceeding, three months.
4. Every launch and motor boat, shall comply as to lights and in all
other respeets with the International Collision
5. Every vessel licensed under these regulations shall have the name
thereof in English and Chinese legibly painted on the stern and on each
bow, together with the number of passengers allowed by the licence.
6. The licence shall at all times except syliere otherwise provived by
law be kept on board the vessel for which it is issned, and shall be
produced on demand to any harbour or police or revenue officer.
7. No master of a launch or motor boat shall knowingly give untrue
particulars to the Harbour Master or the Government Marine Surveyor
or to any officer deputed by them to obtain such particulars,
Sheet 3.
Licence No ......................
the merchant shipping ordinance, 1899, Section 37.
Name of launch/motor boat ....................................
Feet. Inches.
Length .............................................................
...............Gross Tonnage
Breadth .........Capacity
..................Net Tonnage
Depth ..............................................................
Name of owner ...................................................
Address ............................................................
Name cf master .................................................
Address ...........................................................
Name of enginee....................................
Address ............................................................
Number of persons licensed to carry-
Within the harbour limits
or between ports in the persons.
Island of hongkong
Within the local trade persons. crew.
limits.
Outside the local trade persons.
limits.
Pressure allowed on safety valve .........lbs
Date ........19
.....Received Fee of $1.
Shroff
Harbour, master &c
Sheet 5.
changes of owner, master, or engineer, and other leading events in the
history of the launch/motor boat.
Sheet 9.
RECORD OF VOYAGES.
Name of station
From Date arrived 19
Carao. Persons.
From Date departed 19
Cargo.
Ligth Dues Receipt No ...of
customs Station visited ..........date
Appendix B. [Regulation 5.]
LAUNCHES AND MOTOR BOATS.
THE MERCHANT SHIPPING, ORDINANCE, 1899.
Know all men by these presents that we ..........................................
residing, at .....................(Licensee)
...................................
residing at .....................(Surety) and
...................................
residing at ......................(Surety)
are held and firmly bound unto our Sovereign Lord King, George V, by the
are held
Grace of God of the United Kingdom of Great Britain and Ireland and of
the British Dominions beyond the seas, Kin., Defender of the Faith,
Emperor of India, in the sum of dollars .............................................
Hongkong C Jurrency to be paid to out. said Sovereign Lord the King and
His successors, for which payment, well and truly to bc made, we jointly
and severally bind wirselves and each and every of its and out, respective
heirs. executors and administrators firmly by these presents.
Sealed with our seals and dated this day of 19
Whereas by regulations made rinder section 37 of the Merchant Shipping
Ordinance, 1899, it is enacted tbat it, shall be lawful for the Ilarboull
Master to grant to the owner of any launch or motor boat, a licence
authorising such launch or motor boat to ply and carry passengers, to,
from or between any places in the waters of the Colony during such
period and subject to such conditions as are named in the licence, and
to such regulations as are for the time being in force under that
section provided that, no such licence shall be granted unless the intended
licensee shall enter into a hond together with one or more sureties
resident in the Colony, and to be approved of by the Harbour Master
conditioned in any sum not exceeding one thousand five hundred dollars
for the observance of the conditions of such licence, and Whereas the said
Harbour Master has on the application of the above-named .....................
consented to grant such licence as aforesaid to the said in
respect of the launch/motor boat, hereinafter mentioned. Now the con-
dition of this obligation is such that if the said all
all persons at any time employed in or about the said launch/motor boat
or being on board thereof shall well and truly observe and perform
all and singular the condition; indorsed upon or contained in the said
licence granted or intended to be granted as aforesaid to him the said
....................... in respect of flie lautich/inotor boat called the
....................... (which said licence is jitimbered ot. intended
to be numbered .........) and all tile regulations relating to such
being in force under the said section and all other laws, ordinances and
reaulations relating to such launch/motor boat, then this obligation is to he
void, otherwise to remain in full force and effect,
Signed sealed and delivered
by the above bounden ............
(Licensec)
...................... .............................................
................
(Surety)
in the presence of ...............
.................
Table F. 38.]
SCALE OF MEASUREMENT FOR PASSENGERS FOR
RIVER STEAMERS.
1. On lower deck, one passenger for each superficial feet.
2. On upper deck and in eabins, one passenger for each 9 superficial
feet.
3. the above scale to be further regulated by the surveyor's judgment
as to whether or not the vessel possessed sufficient stability for that number
of passengers.
4. A sufficient number of life-boats, rafts and life-buoys, approved by
the Government Marine Surveyor, to be supplied.
5. Passengers are not to be carried on more than two decks.
6. On the lower deck, one passsenger to be, deducted for each 6 square
feet occupied by cattle or cargo, and on the upper deck, one passenger to be
deducted for each 9 square feet occupied by cattle or cargo.
Table G. [s. 19 (18).]
REGULATIONS FOR FORMAL INVESTIGATIONS INTO CASUALTIES OR
INQUIRIES INTO MISCONDUCT OR INCOMPETENCY
ON THE PART OF OFFIChRS.
1. The forms in the Appendix to this Table shall be used as far is
possible with such alterations as circumstances may require bilt, no deviation
from the prescribed forms shall invalidate the proceedings unless the court
shall be of opinion that the deviation was material.
2. When in investigation has been ordered under section 19 of the
merchant shipping Ordinance, 1899, the magistrate appointed to the court,
shall cause a notice in Forin No. 1 in the Appendix to this Table to 150
served on the master and officers of the ship, and on any other person who
in his opinion ought to bc served with such notice.
3. A summons to a witmess shall be in Form No. 2 in the Appendix to
this table.
4. If any person upon wbom a notice of investigation has been Served
fails to attend as notified, the court may proceed to hear and adjudicate
upon the case in his absence.
5. Any person who shows that he has an interest in the investigation
shall have a right to appear and he heard, and any other person may appear
and be heard by leave of the court.
6. The proceedings at the investicration into a casualty shall commence
with the examination of the master, officers, and any other person whether
on board the ship or not at the happening of the casualty, who can give
material evidence in regard thereto.
7. The proceedings at an inquiry into any charge of misconduct or
incompetency shall commence with the examination of the several witnesses
who speak to the charges and the conduct of the person charcred ; after
they have been cross-examined by the person charged, re-examined by the
prosecutor and examined by the court, the person charged may call his own
witnesses who may be examined, cross-examined, and re-examined in a
similar manner. ff the person changed has not already given evidence, he
is then to be allowed an opportunity of offering any explanation. which
may be either verbal or in writing.
8. The certificate of the master or of any officer shall not be. cancelled
unless the master or officer has had an opportunity of making a defence,
and for that purpose he may produce any witnesses whom he may -wish to
examine.
9. The presiding member of the court may adjourn the court from time to
time, and from place to place, its may be most convenient.
10. The judgment of the court shall be given at the end of the proceed-
As amended by G. N. -No. 121 of 1917 and Law Rev. Ord., 1924.
APPENDIX.
Form No. 1.
MARINE COURT.
notice of investigation
.To ..................master, mate, engineer, owner, &C.,
of ...................or belonging to the
ship ...............of
I hereby give you notice that the Governor has ordered an investigation
into the circumstances attending the
and that subjoined hereto is a copy of a report (or statement of the case)
upon which the said investigation has befn ordered. I further give you
notice to produce to the court (your Board of Trade or local certificate, the
log-books of the vessel, and) any (other) documents relevant to this case
which may be in your possession.
The court will be held at the Harbour Office at a.m. on
................ the ..............day of
............ 19
The members of the court will be:-
1 ................................................ (President)
2 ...................
3 ................. '
4.............................................................
5 ............................. '
Report or Statement of Case.
Dated at Hongkong this day of 19
magistrate and President qf the Court.
N.B.- if the person on whom this notice is served fails to attend as
notified the court may proceed to hear and adjudicate upon the case in his
absence.
Fonm No. 2.
Savanons to Witness,
To
of
Whereas a Marine Gotirt has been appointed to
and it appears that you are likely to be able to give material evidence to the
said court :
This is therefore to summon you to be and appear before the said Marine
Court on the day of 19, at a.m. , at the Harbour
Office to testify what you shall know concerning the matter.
Dated at Victoria, Hongkong, this day of 19
Magistrate and President of the Court.
Table E. [ss.10(12)(16),20(2) & 43(3)]
REGULATIONS FOR COURT OF SURVEY.
1. Where the Owner Or master of a ship, hereinafter called the appellant
desires to appeal to the Court of Survey he shall file aL the Harbour
Master's office notice in Form No. 1 in the Appendix to these regulations.
2. Immediately on the filing of the notice of appeal, the Hurbour Master
shall inform the Governor, and, if the ship is a foreign ship, the Harbour
master shall give notice to the consular officer for the state to which the
ship belongs, and such consular officer may nominate one person to act as a
member of the Court of Survey, whose name shall be submitted to the
Governor at the same time.
3. When the Governor has issued his Warrant constituting Lhe court, the
Person appointed to be the president of the court, hereinafter referred to as
the president, shall summon the court, in Form No. 2 in the Appendix to
these regulations.
4. If the survey has been made on the complaint of any person, herein-
after called the complainant, the president shall send to him notice of the
time and place appointed for the hearing.
5. Previons to the hearing, the Governor shall forward to the president,
to be produced as evidence at the hearing, all official copy of the report of
the surveyor.
6. The court shall, if practicable, be summoned to hear the appeal on a
day not later than fourteen days from the filing of the notice of appeal.
7. The Governor and the appellant shall be parties, to the proccedings.
8. Any Other person, may, by permission of the president or the court, be
made a party to the proceedings.
9. at the hearing, the person representing the Governor shall first Call
his witnesses, and, having done so, shall state in writing what order he
requires the court to make.
10. The complainant, if he has appeared, shall then call his witnesses
and having done so, shall state in writing what order he requires the court
to make.
11. The appellant shall then call his witnesses, and, having done so, shall
state in writing what order he requires the court to make.
12. After the appellant has examined and his witnesses, the person
representing the Governor and the complainant may, on cause shewn to
the satisfaction of the court, call further witnesses in reply.
As amended by Law Rev. Ord., 1924.
13. After all the witnesses have been examined, the court shall first
hear the appellant, then the complainant, (if any), and afterwards the
person representing the Governor.
14. The president may adjourn the court, from time to time and from
place to place, as may be most convenient.
16. The president shall deliver the decision of the court in writing;
and the same may hesent or delivered to the respective parties, and it
shall not beto hold court merely for 1he purpose of giving the
decision.
16. As. soon as possible after the court has corne to its decision, the
court shall issue for order for the release or detention (either finally or
on condition) of the vessel in Form No. 3 in the Appendix to these
regulations.
17. The president shall report to the Governor in Form No. 4 in the
Appendix to these regulations:.
18. The fees, a table whereof is in the Appendix to these regulations,
shall be demanded and taken in any proceedings before a Court of Survey.
APPENDIX.
Form No. 1.
-Notice of Appeal [Regulation 1]
in the matter of the ship
To the Harbour Master of hongkong.
take notice that I, [name and address] the master [or managing owner
of shares] of the ship of the port of
do appeal
(1) from the report of
appoint by the govenor to survey the said ship; or
(2) from a declaration given by
government marine surveyor [or from the refusal of
government marine surveyor, to give a declaration], under the provisions
of section 10(8) of the merchant shipping ordinance, 1899; or
(3) from the refusal of
the emigration officer, to give a certificate under the chinese passengers
act, 1855, or under the asiatice emigration ordinances, 1915, or
(4) from the refusal of the harbour master to give a clearance under
the merchant shipping ordinance, 1899,
the address at which all notices and documents may be served by post
or otherwise on me is
dated this day of 19
(to be signed by the appellant)
form no, 2 [regualtion 3]
summons to court
the court of survey for hongkong
in the matter of an appeal by
from the report of , the surveyor
appointed by the governor to survey the
[or as the case may be,]
in pursuance of the merchant shipping ordinance, 1899, I hereby
summon you to attend as
on this appeal, at a.m. on the day of 19
dated at victoris, hongkong, this this day of 19
magistrate and president of the court
I will attend as summoned.
(signature of person summoned)
form no. 3 [regulation 16]
order of court for release or detention of ship
the court of survey for hongkong
in the matter of an appeal by
from the report of the surveyor
appointed by the governor to survey the
[or as the case may be]
we do order
the said ship to be released [or detained finally or conditionally upon
]
given under our hands at victoria, hongkong, this day of
19
members of teh court of survey
form no. 4 [regulation 17]
report of members of court
the court of survey for hongkong
in the matter of an appeal by
from the report of the surveyor
appointed by the governor to survey the
[or as the case may be]
we do report that
having heard this appeal, we did order the said ship to be released [or
detained finally or conditionally upon ]
for the reasons set forth in the annexed statement
we are also of opinion that the costs of this appeal should be paid by
the appellant [or by the governor]; or [that all parties shall pay their
own costs]
dates this day of 19
members of the court of survey
TABLE OF FEES.
1 . On filing notice of appeal, for every 50 tons of the
gross registered tonnage of the ship . $5.00
2. On filing every affidavit ..1.00
3. On entering appearance ........5.00
4. On every subpoena ......... 1.00
5. On every statement of the order required to be
made by the court .............15.00
6. On the production and swearing of every witness.., 1.00
7. On every consent by the parties to refer the question
of costs, or of costs and damages, to the court, to
be paid by each party .........5.00
8. On every hearing, for each day, to be paid by each
party, the amount thereof to be at the discretion
of the members of the court, from 10.00 to $50.00
9. On every order whether for the release or detention
of the ship or for payment of costs, or costs and
damages, to be paid by the party taking out the
order .........................5.00
10. On every office copy of the judgment or report, or
oF notes of the evidence, or of any of the
proceedings in the appeal, per folio of 72 words,... 0.25
Table I. [ss. 5 (5) & 43 (3).]
FEES TO BE, CHARGED AT THE MERCANTILE MARINE OFFICE.
1. engagement or discharge of crews
In ships under 100 tons .....$ 5.00
100 to 400 tons ..............10.00
400 to 700 tons ..............13.00
700 to 1,000 to...............1,000 tons 20.00
and so on for ships of larger tonage adding for every 300 tons or part of
300 tons, 5 dollars.
2.-Engagement or discharge of seamen
Separately 80 cents each.
overtime fee, when engagentent or discharge takes place on board ships
From 8 a.m. to 9 a.m., and 5 p.m. to 6 p.m. ...... $5 per hour.
From 6 a.m. to 8 a.m., and 6 p.m. to 8 p.m., 10
Before 6 am. and after 8 p.m ...................... 20
Any portion of an hour shall count as one hour.
As amended by g.N. No. 383 of 1913.
Table J. [ss. 5 (6) & 4.3 (3).]
SUMS TO BE DEDUCTED FROM WAGES BY WAY OF PARTIAL REIMBURSEMENT
OF FEES PAID IN ACCORDANCE WITH TABLE I.
1. in respect of engagements and discharges of crews, upon each engage-
ment and each discharge-
from wages of any mate, purser, engineer, surgeon,
carpenter, or steward, 50 cents
all others, except apprentices, 40
2. in respect of engagements and discharges separately, upon each
engagement and each discharge-
from wages of any mate, purser, engineer, surgeon,
carpenter, or steward, 50 cents
all others, except apprentices, 40
table K
regulation for the government of licensed boarding-
houses for seamen
1. over the principal door of each house shall be fixed a board
containing in letters at least three inches in length, painted white on a
black ground, licensed boarding-house for (number of seamen, manila
men or leascars) and at eh foot thereof shall be inserted the name, in full,
of the keeper of the house, and no other writing, sign, painting or mark
shall be posted on teh premises.
2. the house shall be substantially built and kept in good repair, well
ventilated, and have a proper system of drainage, the drains not to be in
direct communication with the public sewers, but effectively disconnected and
trapped.
3. there shall be adequate kitchen accommodation with proper means
for the removal of smoke.
4. the space allotted to each boarder shall be, in the bedrooms, not less
that 400 cubic feet of space, and a notice shall be put up in each sleeping
room showing the number of persons the room is capable of accommodating
there shall also be provided a general room of sufficient size in which the
boarders may sit and mess.
5. a separate room is to be appropriated for the chest, hammocks, etc.,
of the boarders.
as amended by law rev. ord., 1924
6. Proper washing rooms, and adequate privy, urinal, and ash-bin
accommodation are to be provided ; the floors of the house and out-houses
are to be swept clean frequently during the day and thoroughly washed
every Saturday ; all inside walls and partitions are to be colourwashed
(13Ce in every six months, viz., on or about 1st January and 1st July.
7. All filth and refuse matter shall be regularly removed daily.
8. There shall be no communication hetween it boarding-house and the
joining houses.
9. No boarding master shall receive into his boarding-house buy seaman
who does not first produce his discharge from his last ship, duly counter
signed or stamped by the Harbour Master, or who does not produce the
larbour Master's written sanction for his admission into a boarding-house,
and no more boarders are to be lodged in the house than the number allowed
by the licence.
10. Every boarding master shall keep a book in which he shall enter the and
names of all boarders in his house on the day of their reception therein, and
he shall also enter in the same book an account of all moneys received
from boarders and all charges incureed by them, and if a boarder shall so
require he shall be furnished, every saturday night, with a memorandum
of the amount in which he is indebted to the boarding master or of the
amount belonging to him still in the hands of the boarding master.
11. Before a boarder is discharged, he shall, if he so requires, receive
from the boarding master a full and true statement of his account, for
board, lodging., and other expenses, and the boarder, if satistled its to the
correctness of the said statement, shall sign his name thereon in proof
thereof. The boarding master shall take his book to the Harbour Mitster
or his deputy for inspection every Monday at noon.
[12, rep. No. 16 of 1912.]
13. The boarding matster shall not allow any prostitute on the premises.
14. Boarding-houses shall be closed every night at 11 p.m.
15. No gambling shall be allowed in any boarding-house, and every
master shall do his utmost to prevent noisy conduct on the part, of the
boarders or others frequenting the house ; in the event of his not being
able to preserve order, he shall give intimation thereof to the nearest
constable or at it police station.
16. In the event of any boarder being sick, the master is immediately
to procure the assistance of a duly qualified medical practitioner and report
the case immediately to the Principal Civil Medical Officer, and the names
of sick men are to bc inserted in the column of remarks in the weekly list
17. The master of every boarding-house shall, every Monday inorning
send to the Government shipping Office a list copied from his book of
all the seamen boarding in his house on that day and of whose boarders who
have left during the previous week, showing how the latter have been
disposed of.
18. No boarding master shall discharge a boarderfrom his house without
the sanction of the Harbour Master, unless such boarder is provided ivith
,suitable employment.
19. Every boarding-house shall be open at all times for the inspection
of any justice of the peace or the Harbour Master or his deputy or of
any inspector of police, or any member of the Sanitary Board, as well as
for the of the Principal Civil Medical Officer.
20. A copy of these regulations shall be kept posted in a conspicuous
place in the general sitting room.
21. Any infraction of any of these regulations shall render the offender
liable to a fine of tiventy-five dollars, and for a second offence to deprivation
of his licence in addition.
22. Boarders are hereby inforined that the only fees for which they are
liable are a Government fee of forty cents for discharge and forty cents
for shipping, and one dollar for boarding-house fee which is to include the
commission for cashincr an advance note.
23. When seamen have signed fresh articles of agreennent no deductionss
other than those for debts legally due are to be made from their advances.
24. Seamen's clothing or bedding is not to be detained by way of security
for debt.
25. Any boarder dissatisfied with his account shall be at, liberty to Jay
the same before the Harbour Master who will decide if the charges are
reasonable or otherwise.
26. A boarding-house keeper shall ship only the men belonging to his
house. If, on any occasion, he has not enough boarders to cotmplete the
number required to ship, he may apply to any other boarding-house to
supply the deficiency, but the men so supplied are to be shipped by the
house in which they are boarding and not by the keeper who has the order
for the crew, and only one shipping fee shall be charged.
27. The weekly charge for board and lodging shall be
in boarding-houses for Europeans and Americans 88.00
in other boarding-houses, such amount as may be
approved by the Harbour Master.
Table K (A). [s.22(2)]
INFORMATION TO hE SUPPLIED ON ARRIVAL IN PORT.
Name of vessel and flag
Port of registry
Commanded by
registered tonnage
Nature and tonnage of cargo on board
Number of crew
Rig and horse power
number of guns
Name of owners
Port of departure and day of leaving original and last. port
consignees or agents,-messrs.
Passengers,- Cabin E. Deck
Chinese Men, Women, boys, girls.
Any infectious or contagious disease on board
at any port of depurture
Any births, deaths, or accidents on the voyage
Any explosives on board
Any mails on board
Any casualty on the voyage
Weather
Any derelicts, sunken wreeks, ice,, etc., passed during the Voyage
Port Regulations supplied
Table L. [s. 23 (1).]
QUARANTINE REDULAIONS
1. In these regulations,
(q) Health Officer means tbe Health Officer of the Port or any other
medical officer duly authorised to act for or assist him, or in change of any
place set apart for the detention and seclusion of persons actually suffering
from disease.
(b) vessel includes British and foreign ships of war, as well as all
other vessels.
(c) Port or place at, which any infectious or contagious disease, pre-
vailed means a port or place declared to be such by order of the Governor
in Council.
(d) Infectious or contagious disease means cholera, choleraie pre-
small-pox, typhus fever, yellow fever, plague, and any sneb other epidemic
disease its the Health Officer may consider to imperil the safety of the
passengers or crew.
(e) -Infected vessel means any vessel which has a case of any of the
above-mentioned diseases on board, or on Which any case of any such
diseases has occurred in the case of small-pox, within a period of 12 days
or in the case of cholera, yellow fever and plague, witbin a period of
7 days, previous to the date of arrival of the vessel in the waters of the Colony.
as amended by g. ns, nos. 137 of 1913 and 16 of 1914, and law rev. ord., 1924.
Suspected vessel means any vessel on which any case of any of
the above-mentioned diseases has occurred at the tilne of departure or during
the voyage, but on which no fresh case has occurred, in the case of small-pox,
within a period of 12 days, or in the ease of cholera, yellow fever and
plague, withing period of 7 days, previous to the date of arrival of the Vessel
in the waters of the Colony.
(g) Healtily vessel meana any vessel which, having come from a port
or place at which any infections or contagious disease prevailed, has bad no
death from and he case of any such disease on board while at such port or
place, or during the voyage therefrom, or on arrival.
(h) ', Observation ', means isolation of travellers or crew either on board
a ship or in a sanitary station before the obtain free pratique.
(i) Surveillance means that travellers are not isolated ; they receive
free pratique imniediately, but. the authorities of the several places whither
they are bound are informed of their coming and they are subject to medical
examination daily with a view to ascertaining their sate of health such
Passengers shall give their names and addresses to the health officer for
transmission to the Medical Officer of Health before wboin such passengers
as remain in the Colony appear for examination by arrangement.
2. Every infected, every suspected, and every hearlthy vessel on entering
the waters of the Colony shall fly and keep flying the Quaranlitic Flag,
and shall not communicate with the shore until granted pratique by
express written order of the health Officer, who shall board every suck
vessel and shall examine all the passengers and crew thereof : Provided
nevertheless, that any such vessel, which is on a voyage to any other place
and which has held no communication with the shore except as permitted
by these regulations, may with the written consent of the health Officer
proceed on such voyage or tranship the passengers for the purpose of com-
pleting such voyage.
3.--(] ) Every infected, every Suspected, and every healthy vessel shall,
unless previously granted pratique, proceed at, once to the Quarantine
anchorane and shall not remove therefrom, except from stress of
weather, until released by order of the Health Officer. No vessel which
is compelled to leave the Quarantine Anchorage from stress, of weather
shall communicate except by signals With the shore, or with any
other vessel and such vessel shall return to the Quarantine Anchorage
immediately such stress of weather has subsided : Provided that in case of
stress of weather involving probable netnal danger to the vessel, the vessel
may remove for a time, but shall be deemed nevertheless for all purposes
to be subject to all other regulations applicable to such vessels.
(2) No such vessel shall enter the harbour limits before 6 a.m. or after
6 p.m.
4. The master of every vessel shall remove his vessel to any part of the
quarantine anchorage, as and when required by the harbour master.
5. The master or other person having the control of any vessel shall give
to the Health Officer or Boarding Officer such information about the vessel
and the voyage and the health of the crew and passengers and otherwise
as the health Officer or Boarding Officer may require, and shall answer
truly and fully all the questions put to him by the health officer or board-
ing officer.
6.-(1) On the arrival of an infected vessel it the Quarantine anchorage,
the Health Officer shall medically examine all persons on board such vessel
and shall for the removal of any persons suffering from any of the
above-mentioned diseases to a hospital, and for the removal of any dead
bodies for burial The passengers and crew shall then be kept under
observation on board such vessel or shall be removed for observation bY
order of the health officer to an observation station be be appointed by
the governor in council, or shall be permitted to land, and be kept under
surveillance at their residences on shore, at the discretion of the health
officer; proveded that such observation or such surveillance shall in no case
extend for a longer period than 10 days in the case of small-pox, 5 days
in the case of chorlera and plague, and 6 days in the case of yellow fever,
from the date of arrival of the vessel in the waters of the colony.
the health officer shall then forthwith proceed with the disinfection of the
vessel and with the disinfection or destruction of such of the merchandise on
board and of the baggage and personal effects of the passengers and crew
as he may deem necessary, and the master of every such vessel shall comply
with any instructions that the health officer may give as to the disinfection
and pumping out of bilge water, the disinfection of drinking water tanks,
and the provision of a proper and adequate supply of fresh drinking water,
further in the case of small-pox, the passengers and crew shall be
vaceinated, before the vessel is granted partique, unless such passengers or
crew can produce evidenceo f successful vaccination to the satisfaction of
the health officer.
provided that any person certified by the health officer to be suffering
from any illness which such officer suspects may prove to be an infectious
or contagious disease may either be detained on board the vessel or may be
taken to som hospital or other place appointed for the purpose, and
detained there for a period not exceeding two days, in order that it may be
ascertained whether his illness is or is not infectious or contagious; and
that during such period the vessel may be treated as an infected vessel.
(2) on the arrival of a suspected vessel at the quarantine anchorage,
the health officer shall medically examine all persons on board such vessel,
the passengers and crew shall, if found to be free from any infection s or
contagious disease, be permitted to land, but shall be kept under surveillance
at their residences on shore for such period of time as the health officer
may deem necessary; provided that such surveillance shall in no case
extend for a longer period than 10 days in the case of small-pox, 5 days
in the case of cholera and plague, and 6 days in the case of yellow fever,
from the date of arrival of the vessel in the waters of the colony, the
health officer shall theu proceed with the disinfection of the vessel and
with the disinfection or destruction of such of the merchandise on board and
of the baggage and personal effects of the passengers and crew as he may
deem necessary; and hte master of every such vessel shall comply with
any instructions that the health officer may give as to the disinfection and
pumping out of bilge water, the disinfection of drinking water tanks, and
the provisions of a proper and adequate supply of fresh drinking water.
(3)a healthy vessel shall be visited and the passengers and crew
medically examined by the health officer, and if found to be free from any
infectious or contagious disease such vessel shall be admitted to free
pratique immediately on arrival, irrespective of the nature of her bill of
health, the master of every such vessel shall comply with any instruc-
tions that the health officer may give as to the disinfection and pumping
out of the bilge water, the disinfection of drinking water tanks, and the
provision of a proper and adequate supply of fresh drinking water. the
passenglers and crew may, moreover, at the discretion of the health officer
he kept under surveillance for a period of time not exceeding 10 days in the
case of small-pox, 5 days in the case of cholera and plagne, and 6 days in the
case of yellow fever, from the time of leaving the infected port.
7.-(1) If any vessel in the waters of the Colony is known to have any
case of any infectious or contagions, disease on board, or is a vessel which, in
the opinion of the Health Officer, ought, according to these regulations, to be
placed under observation, the health Officer shall order such vessel to the.
Quarantine Anchorage, and tbe master or Person in charge of such vessel
shall thereupon hoist the Quarantine Flag upon such vessel and remove such
vessel to the Quarantine. Anchorage, and all the regulations applicable to
infected vessels shall apply to such vessel.
(2) Should any vessel in the waters of the colony while being attended
by any private medical practitioner be found to have any infections discase
and board, such vessel shall at once be considered as an infected vessel
and come under these regulations. It, shall be the dirty of such private
medical practitioner to inform the master of the nature of the diseases and
notify the same in writing to the health Officer. All further action as
regards the patient, the member of the cresy, the passengers or the vessel
shall be under the direction of the health Officer. the master of such
vessel shall at once take such steps as are necessary to inform the health
Officer of the facts of the case and hoist the Quarantine Flag ; he shall not
Permit any further communication with the shore, hut wait for instructions
from the health Officer.
(3) in case of a vessel in the waters of the Colony not having a private
medical attendant and having any sickness on board, the nature of which
the master is unable to make out, he shall at once hoist. the call flag for
medical assistance (letter M in the international Code of Signals over the
Code Pennant), and take such other measures as may be necessary to inform
the Health Officer and wait for his decision.
8. in case of a vessel arriving in the waters of the ColollY having on
board the body of any person who has died from an infectious or contagious
disease, the body shall be disposed of in such manner is may be ordered by
the Health Officer ; and the master of the vessel shall carry out such order,
its the Health Officer may give him in relation to the disposal of the body.
9. No Person shall leave any infected or suspected vessel, or hold
communication except by signals from such vessel with the shore, or with
any vessel, or boat, or fake or send ary person or thing whatsoever out of
the vessel, until the express written permission of the health officer has
been communicated to the master or other person having the control of the
vessel, and such precautions as the Health Offiver may require have been
observed.
10. No person other than the health officer, or Persons in his bout, shall
approach within thirty yards of any infected or suspected vessel, or hold
any communication except by signals with. such vessel or with any person
on board thereof, or receive or take any person or thing whatsoever, directly
or indirectly, from the vessel or from any Person board thereof without
having first received the express written permission of the health Officer,
and observing such precautions as the Health Officer may require.
11. The Captain Superintendent of Police, and any officer whom he may
appoint for the purpose, may order any person leaving or coming from all
infected or suspected vessel, or taking, or sending any person or thing
whatsoever from any such vessel., to remain in, or return to, and to return
such persons or things to, stich vessel and may, by such necessary force as
the case requires, compel any person neglecting or refusing to observe such
order to obey the same.
12. Nothing in these regulations shall render liable to detention,
disinfection, or destruction any article being part of conveyed
under the authority of the postal adminisiration of any Government, or
shall prejudicially the delivery in due course of any such mail to the
Post, Office.
13. Where a vessel has Passengers on board who are in a filthy or
otherwise unwholesome condition, or is overcrowded with passengers,
emigrants or otherwise, the health officer may, if in his opinion it is
desirable with it view to checking the introduction of ally infectious or
contagions disease, and on his certifying to that etlect, order such vessel to
proceed to the Quarantine Anchorage or to such place as he may direct, and
may detain under observation or surveillance the passengers und CreW for
such period, not exceeding 10 days from the arrival of the vessel, as he may
direct ; and if the, vessel is also an infected olr a suspected vessel, the
measures prescribed in regulations 6(1) adn 6(2) of these regulations
respectively may also be enforced.
14. An costes and expenses charged or incurred by the Government, for
the medical attendance and maintenance of any Person, Whether on the ship's
articles not, who is relnoved to any hospital or place from any vessel,
under these regulations, for medical treatment or surveillance, or for the
burial of any person who may die on any vessel, or of any dead body found
on board any vessel, or for the cleansing and disinfection of any vessel or of
the merchandise on board , any vessel, or of any part of the vessel or of the
merchandise, including the hire of all necessary labour, boat, junks, hulks,
premises on shore. and disinfecting appliances, shall be paid to Government
on demand by the owners or agents of the vessel.
15. Where any breach of any of these regulations is committed, all the
persons assisting in any way in the commission of such breach and the
master or other person having the control, of any vessel or boat on board
of which such breach has been committed, or which has been on board
way engaged in the commission of such breach, shall be severally answerable
for such breach, and shall be deemed guilty of ihe same.
16. These regulations shall not in any way interfere with the internal
managerment of any of His Majesty's ships or of foreign ships of war, or
with their freedom to proceed to sea, whenever the officer in command may
deem such course requisite..
17.- (1) These regulations (with the exception of regulations 13 and 14)
shall not apply to any vessel which has on board surgeon or medical officer
who is entered on the articles of agreenient or any similar document, if after
entering the waters of the Colony the master of the vessel signs a certificate,
in form no. 1 in appendix A of this Table to the effect that there has
been no sickness of an infectious or contagious nature on board such vessel
within a period of twelve days previous to the date of arrival of the vessel
in the waters of the Colony, and if the surgeon or medical officer of the
vessel after entering the waters of the Colony signs a certificate, in Form
No. 2 in the said Appendix, to the same efrect, with the addition that he
has seen every person on board such vessel within the twelve hours
immediately preceding his signature thereto, in default, however, of either
of such certificates being signed, these regulations shall apply.
(2) Any master, and any surgeon or medical officer of any such vesel
Who signs any such certificate as aforesaid containing any false statement,'
and any person who signs any such certificate as master or as surgeon or
medical officer of the vessel when not duly entered on such articles or
document as aforesaid, shall be deemed to be quilty of a breach of these
regulations and may be proceeded against and punished accordingly.
18. The place knownn as the Government Observation Station shall he
set apart as a place for the detention and seclusion of persons, Whether
actually suffering from disease or not, arriving on board vessels subjected to
quarantine, and the owners or agents of infected vessels from which the
passengers or crew or any of them are removed to such Observation Station
by order of the health Officer under regulation 6 (1) of these regulations
shall Comply with the instructions contained in Appendix B of this Table.
Appendix A.
NO. 1.
Regulation 17 (1).
certificate by master or absence of infectious or contagious disease.
ss . ................................................
Hongkong.
I hereby certify that there has been no sickness of an infectious or
contagious nature on board the SS within a period of twelve
days previous to the date of her arrival in the waters of the Colony of
hongkong
dated the day of 19, at o'clock m
................
master
ss.............
Form No. 2.
Regulation 17 (1).
Certificate by surgeon or medical officer of absence of infectious or con-
tagious disease.
hongkong
I hereby certify that, there has been no sickness of an infectious or con-
tagious nature on board the SS within a period of
twelve days previous to the date of her arrival in the waters of the Colony
of hongkong : and I further certify that I have seen every person on
board Within the twelve hours immediately preceding my signature hereto.
Dated the day of 19 at o'clock m
(Signed.) .............
Surgeon (or Medical Officer).
.SS .
Appendix B.
INSTRUCTIONS FOR OWNERS OR AGENTS OF INFECTED VESSELS FROM
WHICII THE PASSENGERS (R CIMW OR ANY OF THEM ARE
REMOVED TO AN OBSERVATION STATION BY ORDER OF
THE, HEALTH OFFICER UNDER REGULATION 6 (1).
1. If the health Officer shall order the passengers and crew, or any of
them, of all infected vessel to be kept under observation at all Observation
Station, the owners or agents of the said vessel shall provide -
(a) all necessary boats for the removal of such passengers and crew, or
any of them, to the Observation Station
(b) all food for such passengers and crew according, to the settle appended
to these instructions: and
(c) such quantity or numbers as the Health Officer may decin necessary-
(i) of lymph for the vaccination of the said passengers and crew, if the
vessel from which the said passengers and crew have been removed is
quarantined for small-pox;
(ii) of disinfectants, not exceeding the scale of disinfectants in the sixth
Schedule of the Asiatic Emigration Ordinance, 1915
(iii) of water daily for cleansing or drinking purposes ; and
(iv) of kerosine on for lighting purposes at the rate of one-third of a tin
daily for every five hundred passengers and crow.
2. lu addition the owners or agents aforesaid shall pay to the Govern-
ment such charges as the Health Officer, by certificate under his hand, may
certify to have been incurred by Government for medical comforts, for the
cleansing and disinfection of the vessel, or of the merchandise on board
thereof, from which the passengers and crew have been removed; and for
the burial of the bodies of any of the passengers or crew who may die in
the Station. They shall also refund to the Government the cost of
scavenging the Station at the rate of half-a-cent per head per day of the
passengers and crew.
1026 No. 10 of 1899 MERCHANT SHIPPING
Table M. [ss, 2.5 (4) & 33 (2).]
REGULAT1ONS FOR THE PROTECTION, MANAGEMENT AND
NAVIGATION OF THE WATERS OF THE COLONY, &C
(I)-FAIRWAYS
1. All direct approaches to anchorages in the waters of the Colony are
declared to be fairways.
2. There shall be two principal fairways through the harbour for the
passage of vessels of over 60 tons burden, and such fairways shall be named
as follows :-
the Southern and the Central Fairways.
3. the Southern Fairway commences off the Gas Works and terminates
at blake pier, the morthe side is bounded by a junk anchorage (1 in Table
S of the Schedule to the Merchant Shipping Ordinance 1899) and it line of
mooring buoys extending eastwards from the hongkong, Canton and Macao
Steamboat Company's Wharf. The south side is bounded by Vessels at the
Praya wah or the wharves extending therefrom.
4. The Central Fairway commences off the Gas Works, and is marked by
two buoys, painted. in red and white horizontal stripe, and Carrying white-
C
flash lights at night,, The Central Fairway is defined by two lines of
mooring buoys running in an E.S. Easterly direction.
5. Vessels of over sixty tons burden proceeding through a fairway shall
fly a pennant at the highest mast-head forward as follows:-
whilst in the Soutbern Fairway, a red pennant (F)
whilst in the Central Fairway, a white pennant, (C).
6. All vessels irrespective of size shall, whetlicr in a fairway or not,
observe the International Collision regulations, and no vessel whatever shall
anchor in any of the fairways.
7. All vessels exceeding sixty tons shall when under way, within the
harbour limits, proceed with due caution, and at it speed not exceeding
nine knots, unless circumstances render all increase necessary.
7A. Rafts of timber or logs, when afloat in the waters of the Colony
between sunset and sunrise, shall, whether moored or under way, exhihit a
white light, visible all round the horizon to it distance of not less than one
mile, at a height of not less than six feet above the water, it each end of
such raft or log og group of logs ; and, if such raft or log or group of logs
exceeds fifty feet in length, a further similar light, at the same height, in
the centre thereof.
(11) MAN-OF-WAR ANCHORAGES.
North side of the City of Victoria.
8. Western boundary.-A line drawn n.30 E. 2,680 feet from the.
Bench mark on the coping of the Praya wall in a line with the N.W.
corner of the City Hall building.
As amended bs G, Ns. Nos. 36 and 327 of 19 and Law Rev Ord., 1924.
northern boundary-from the northern extremity of the above line, a
line drawn n. 85 e. 4,100 feet.
eastern boundary-from the eastern extremity of the line forming the
northern boundary, a line drawn s. 15 w. 1,120 feet, thence a line drawn s.
85 w. 1,230 feet, and thence a line drawn s. 15 w. until it meets the
praya wall.
west side of the kowloon peninsula
9. southern boundary.-from the point where the northern side of the
north pier, hongkong and kowloon wharf and godown company's
premises joins the praya wall, a line drawn west 1,505 feet.
western boundary.-a line drawn n.8 w. 2,570 feet from the western
extremity of the sountern boundary.
northern boundary.-from the northern extremity of the western
boundary a line drawn east until it meets the praya wall,
nothing is to prevent ships proceeding to and from any wharves on the
west side of kowloon penunsula, provided such ships, if anchoring, give
swinging room to vessels at the admiralty buoys.
long harbour and hones cove
10. no ship, other than his majesty's ships, shall anchor in the bays
known as, and shown on the admiralty charts as long harbour and
jones cove in mirs bay.
11. junks and other native craft frequenting this portion of the waters
of the colony for fishing and other purposes, will be allowed to use the
same, subject to the orders and control of the harbour master or his
deputy.
note-the captain of any british man-of-war using the rifle range on
sam man shak penisula (sam man shek) shall, for the purpose of the
control of the traffic in the danger area, be a harbour master's deputy,
under section 2 of the merchant shipping ordinance, 1899.
foreign man-of-war anchorage
12. the foreign man-of-war anchorage is in kowloon bay to the
eastward ofthe hunghom peninsula and within the following limits:
on the west - the castern limit of the telegraph cable ground
on the south - a line drawn n. 81 e from blackhead's hill signed mast.
on the northe and east - the 5-fathom line of soundings.
13. all vessels are to be moored.
14. foreign ships of war shall not make any examination or survey of
the shores or waters of the colony, either from such ships or by means of
boats or otherwise.
Landing of foreign soldiers and sailors.
15. Foreign soldiers or sailors, if unarmed, amy be landed in the Colony
within the harbour limits, without, the prior consent of the Governor:
Provided that, when it is desired to land number of men exceeding one
hundred, notice must be given to the Colonial Secretary, in order that all
facilities of which local conditions may be given. Applicadons for
permission to land armed parties it) connexion with funerals or to take part
in public ceremonies of all exceptional nature must, he addressed to the
Governor throngh the Colonial secretary. no application is necessary in
the case of officers.
15A. No foreign soldiers or sailors shall be landed in the colony outside
the harbour limits from any Vessel without the Permission of the Governor,
for which application must be made by the senior officer in command of
the foreign ships or troops concerned.
(III)-QUARANTINE ANCHORAGE
16. western boundary.-a line drawn from the western extreme of
stonecutters island tot eh western extreme of green island.
southern boundary.-the mast of the royal observatory at kowloon
bearing s. 82 e commencing where it meets the western boundary and
terminating where it meets the eastern boundary.
eastern boundary.-a north and soucth line drawn form the southernmost
point of stonecutters island until it reaches the southern boundary.
(IV) DANGEROUS GOODS ANCHORAGES.
17. the dangerous goods anchorages shall mean the portions of the
harbour within the following limits:
the northern anchorage
northern boundary.-a line drawn from the southern side fo torpedo
depot platform touching and extending to teh eastward of laichikok point.
southern boundary.-a west line drawn from hankow rock buoy.
eastern boundary.-a north line drawn from the outlying rock on the
north-eastren side of stonecutters island intersecting with the northern
and southern boundaries.
western boundary.-a north line drawn from the northermost point of
stonecutters island intersecting with the northern and southern boundaries.
the southern anchorage.
south of a line joining the points of belchers bay.
the eastern anchorage.
northern boundary.- a continuation of the northern boundary of the
victoria man-of-war anchorage
eastern boundary.-western edge of the rtelegraph cable ground.
western boundary.-eastward of a north and south line drawn through
kellet island.
the western anchorage
northern boundary.-the southern limit of the quarantine anchorage,
viz:-the mast of the royal observatory at kowloon bearing e. by s.
southern boundary.-the mast of the royal observatory at kowloon
bearing east.
eastern boundary.-the southernmost point of stonecutters island bear-
ing north.
western boundary.-a line drawn from the west extreme of stonecutters
island to the west extreme of green island.
(v)-telegraph cable grounds.
18. the cable ground between the north point of hongkong and the
south-east point of kowloon peninsula is marked as follows:
the western limit by two white posts on the hongkong shore in line with
one white post and the chimney with white face of the pumping station at
no.1 dock on the kowloon shore.
the eastern limit by a white post and white obelisk on the hongkong
shore in fine with a white post and white obelisk on the kowloon shore.
by day the five white post and distinguished by their carrying a
red diamond shape. by night two of them on each shore display a red
light.
the lights are so screened that the eastermost lights do not show to
the eastward nor the westernmost lights to the westward.
19. the line of telegraph cable between taikoktsui and the eastern
shore of stonecutters island is marked as follows:
by a white post carrying a red diamond shape at each end on the shore.
20. no ship, junk or vessel of any description shall anchor either
within the limites of the said cable ground or within fifty yards on either side
of the said line of telegraph cable.
20A. fishing is prohibited within the telegraph cable reserve.
(VI)-steam-whistles and searchlights.
21. no steamship shall use a steam-whistle except for the purposes of
navigation as laid down in articles 15, 28 and 31 of the international
collision regulations, and except for the purpose of giving necessary
notice of approach towards any other vessel, when one prolonged blast of
from 4 to 6 seconds duration shall be sounded.
22. any infringement of regulation 21 of these regulations will subject
the master or owner of the offending ship to a fine not exceeding one
hundred dollars.
23. Any vessel approaching a defentled port in the Colony of Hongkong
when searchlights are being worked, and finding that they interfere with
safe navigation, may make sue of the following signals, either singly or
combined.
(a) by flashimr lamp, four. short. Rashes followed by one long flash.
(b) by whistle siren, or fog-horn, four short blasts followed by one
long blast.
Whenever possible, both flashing lamp signals and sound signals should
be used.
On these signals being made, the searchlights will be worked so as to
cause the least inconvenience, being either donsed, raised, or their direction
altered.
The signal should not be used without real necessity, as unless the vessel
is actually in the rays of the searchlight it is impossible to know which
searchligth is affected.
The signals are desianed to assist mariners and do not render the
Government liable in any way.
23A. No searchlight, shall, without the permission of the Harbour
Master, be used either within the Colony or the svaters of' the Colony except
by persons in the employment of the Government or by His Majessty's
naval or military forces.
Every person committing, or attempting to commit a breach of this
regulation and the master of any vessel on which a broach of this regulation
bas been committed shall be liable to a fine not exceeding two hundred
dollars, or to imprisonment not execeding six months.
(Vll)-DRUMS, GONGS AND FIREWORKS.
24. No person shall, on board any junk or other Chinese vessel or boat
without a permit from the Secretary for Chinese Affairs, beat any drum or
or gong, discharge, kindle, or let off any firework, to attempt to do do in
the waters of the Colony, between 10 p.m. and 6 a.m., nuder a penalty not
exceeding fifty dollars, or imprisonment for any term not exceeding six
weeks.
(VIII)-NAKED AND PORTABLE LIGHTS.
25. No naked or portable light shall be used by any person on board
any ship or other vessel in the waters of the Colony for any purpose, on
deck or below, except electric light or candles, or oil lanips burning
animal, vegetable, or such other oil as will not give off an inflammable
vapour at a temperature of less than 120 degrees Fahrenheit wben tested
in the manner set forth in the Schedules to the Case Oil, lind Bulk Oil,
Rules, made under section 6 of the Dangerous Goods Ordinance, 1873,
(No. 1 of 1873). And any person who is responsible for or is a party to a
breach of this regulation shall be liable to a fine not exceeding one
dollars.
Table N. [s. 26 (1) and (2).]
SPECIFICATION OF WHARVES, & C
1. The following are specified as wharves in respect of' which the.
provisions of section 26 (1)(f) the Merchant Shipping. Ordinance,
1899, shall apply, viz.:-
in victoria
Whitty Strect steps.
French Street Wharf.
Wilmer Street Steps.
Wing Lok Street Steps.
Cleverly Street Steps.
Pottinger Street Steps.
Blake Pier.
Temporary Pier, Telegraph 01fice Lane.
Alurray Pier.
Arsenal Street Wharf.
Arsenal Street Steps.
Ship Street Steps.
Observation Street wharf
Jardine Steps.
At Kowloon
Yaumati Police Station Wharf.
Tsim sha tsui wharf
2. The following. is declared to be a part of the colony in respect of
which the provisions of section 26 (2) (b) of the Merchant Shipping,
Ordinance, 1899, shall apply, viz. :-
The shore on the north side of the City of Victoria, from opposite
the Gas Works at Shek Tono. Tsui to opposite the calial at Bowrington,
and the shore at Kowloon from Blackhead's Point to the saw-mills at
mongkoktsui
Table O [s, 26 (3).]
REGULATIONS AS TO DISCHARGE OF CANNON, FIREARMS, OR FIRF5YORKS,
IN THE AVATERS OF THE COLONY.
The portions of the waters or the Colony within which it, is prohibited
to discharge cannon, firearms, ol, fireworks, as provided by section 26
(3) of the Merchant Shipping Ordinance, 1899, are as follows:-
(a) that portion having for its eastern boundary a line drawn across the
centre of the Lye mull Pass (Lei U Min), and for its western boundary a
line, drawn from the west end of hongkong to the west end of Green Island,
thenec in a straight line to the west end of Stonecutters island, continued
to tho mainland;
(15) that portion Iving within a line drawo from the west end of hongkong
to Waterfall Bay, thence to the south end of Taitam. Peninsula, conthwed
to Cape D'Aguilar and Cape Collinson, termiriating at the south-east corner
of the Lye Mun Pass (Lei U Min,):
Provided however that mail steamers may fire a gun if arriving, within
the above limits between 9 p.m. and 6 a.M.
As amended by G.Ns, nos. 198 of 1914 and 49 of 19 1,5, and Law rev. Ord., 1921,
As amended by law Rev. Ord., 1924,
Table O (A). [ss. 28(5) & 43(3).]
PRIVATE BUOYS AND MOORINGS.
1. A monthly rental of $5 shall be payable half-yearly in advance for
each buoy and the moorings thereof sanctioned by the Harbour Master,
No fees shall be chargeable on buoys and moorings used solely for warping
purposes, provided such buoys and moorings shall not, under any pretence
whatever, be used for any other purpose than warping.
2. All moorings and buoys shall be kept and maintained in good condi-
tion and in proper position by the owners thereof and at their own expense.
3. It shall be lawful for the Harbour Master to inspect and require
repairs if necessary to be effected to any buoys and moorings and to require
the same if necessary to be relaid and removed.
4. It shall be lawful for the owner of any buoy and moorings so
sanctioned as aforesaid to permit other vessels to make use of the same on
such terms as he may think fit.
Table P. [ss. 32(1) & 43(3).]
LIGHT OR OTHER DUES.
1. All ships which enter the waters of the Colony, except British and
foreign ships of war and all vessels of less than 20 tons, shall pay the
following dues, viz,:-
2 cents per ton.
2. Such dues shall be paid either at the time of entry or at the time of
clearance.
3. All river steamers which enter the waters of the Colony by day or by
night, shall pay five-sixths of a cent per ton.
Table Q. [s. 36(12).]
REGULATIONS FOR THE STORAGE OF GUNPOWDER AND EXPLOSIVES
IN THE GOVERNMENT GUNPOWDER DEPOT.
1. The officers and men belonging to the Government Gunpowder Depot,
hereafter in this Table referred to as the Depot, and to every vessel receiving
or discharging explosive out of or into the Depot, shall, unless cause is
shown to the satisfaction of the Harbour Master, be at the Depot and on
board such vessel.
2. During the time that explosives are being received or discharged, no
person shall, in the Depot or on board of any vessel receiving or discharg-
ing the same, or engaged in transhipment thereof, have or use any charconal
or other combustible matter or any fire or naked light.
3. During such time as aforesaid, no person shall smoke in the Depot
or on board of any vessel receiving or discharging explosives or engaged in
transhipment thereof, nor shall any person in the Depot or on board of
any such vessed be employed about any work other than and except the
receipt, discharge, or transhipment aforesaid.
4. The cargo of every vessel employed in the transhipment of ex-
plosives shall, on her arrival at the Depot, be immediately discharge by
the owners or consignees of such cargo and shall be then delivered
As amended by Law Rev. Ord., 1924.
into the Depot, and if the owner or consignee of such cargo fails in doing so,
it shall be lawful for the Harbour Master to have the same discharged and
delivered into the Depot at the expense of the said owner or consignee.
5. When explosive are being received into or charged out of the
Depot, thw owner or the consignee of the same shall attend at the Depot, or
shall send a responsible representative instead, and any question which may
arise as to the number or weight of case or kegs received at or delivered
out of the Depot shall be decided at the time by such owner or his
representative, and the officer in charge of the Depot, who shall if necessary
refer the same to the Harbour Master.
6. No person shall, without the consent in writing of the Harbour Master,
open any package in the Depot.
7. With reference to section 36(10) of the Merchant Shipping Ordinance,
1899, prohibiting the keeping of more than 20 lbs, of gunpowder on land, it
is hereby directed that such gunpowder shall not be kept in any package
other than one composed of zine, copper, or brass, and that the said package
shall be placed in a safe and convenient position beyond the reach of fire, or
accidents from lights, etc.
8. During the time any explosive are waterborne in the waters of the
Colony on board of any vessel, either for the purpose of, or in the course of,
carriage, landing, shipment, transhipment, or movement from one place to
another, or otherwise, they shall be protected either by being stowed under
matches, or by being covered with serviceable tarpanlins, and no fires or
maked lights shall be made or used on board any such vessel unless the said
explosives are stowed under hatches, and the said vessel shall display a re
flag, and, unless intending to leave the waters of the Colony, shall proceed
without delay or interruption or anchoring to the place for which the cargo
is destined.
Table R. [ss. 36(12) & 43(3).]
SCALE OF CHARGES FOR THE STORAGE OF GUNPOWDER AND SAFETY
CARTRIDGES IN THE GOVERNMENT DEPOTS.
Packages containing 25 lbs, and less of loose gunpowder, ... 7 cents
Packages containing 25 lbs, and less of gunpowder in tins, 10
Packages containing more than 25 lbs, and less than 50 lbs.
of loose gunpowder, .................................... 14
Packages containing more than 25 lbs, and less than 50 lbs.
of gunpowder in tins, .................................. 16
Packages containing 50 lbs, and less than 75 lbs. of loose } a month or fraction of a month.
gunpowder, ............................................. 20
Packages containing 50 lbs, and less than 75 lbs. of gun-
powder in tins, ........................................ 22
Packages containing 75 lbs, and less than 100 lbs. of loose
gunpowder, ............................................. 26
Packages containing 75 lbs, and less than 100 lbs. of gun-
powder in tins, ........................................ 28
As amended by G.N. No. 210 of 1913.
and so on, increasing by 6 cents per package for each 25 lbs, of gunpowder,
up to and in excess of 100 lbs, according as the gunpowder may be loose or
in tins.
Packages containing safety cartidages to be charged per 25 lbs. weight, 6
cents a month or fraction of a month. Packages of detonators 9 cents for
25 lbs, weight. Cases or boxes or percussion caps to be charged 6 cents
for 25 lbs. weight a month or fraction of a month.
The weight of the various packages will be determined at the time of
storing, and no alteration wil be allowed after they have been received into
the magazine.
The Government wil not be responsible for damage by explosion, or by
insufficient or improper packing; and, as wooden packages are liable to the
attacks of white ants, they should be tin-lined, and the lining should be
intact.
SCALE OF CHARGES FOR THE STORAGE OF OTHER EXPLOSIVES.
Nitro-glyeerine, or glonoine oil, gun cotton, fulminating mercury, dynamite,
lithofracteur, Horseley's patent blasting power, &c., &c.
Cases of the above containing 25 lbs. or less, ..... 16 cents
Cases containing more than 25 lbs. and less than a month or
50 lbs. ........................................ 28 fraction of
Cases containing 50 lbs. and less than 75 lbs., ... 40 a month.
Cases containing 75 lbs. and less than 100 lbs., ... 52
and so on, increasing by 12 cents per package for each 25 lbs, weight.
The weight of the various packages will be determined at the time of
storing, and no alteration will be allowed after they have been received into
the magazine.
The Government will not be responsible for damage by explosion, or by
insufficient or improper package; and as wooden packaages are liable to the
attacks of white ants, they should be tin-line, and the lining should be
intact.
Table S. [s. 39(2).]
ANCHORAGES FOR JUNKS.
I.-Victoria.
Northern boundary.-The south line of the Central Fairway.
Southern boundary.- An imaginary line 230 yards from and parallel to
the Praya Wall.
Eastern boundary.-An imaginary line in continuation of Leung Wing
Wharf (opposite Hillier Street).
Western boundary.-As far as the Harbour Master shall think fit.
II.-Harbour Master's stations.
As the Harbour Master may direct.
As amended by Law Rev. Ord., 1924.
Table T. [s.39 (1)(12).]
1.-TABLE OF FEES FOR JUNK LICENCES.
Trading Trading Fishing
licences. licences. licences.
One year. One voyage.
Under 100 piculs,........... $6.00 $1.00 Nil. (under 150 piculs).
From 100 to 200,....... 8.00 1.25 $4.00 (from 150 to 200
200 300,....... 10.00 1.50 5.00 picils).
300 400,....... 12.00 1.75 5.50
400 500,....... 14.00 2.00 6.00
500 600,....... 16.00 2.25 6.50
600 700,....... 18.00 2.50 7.00
700 800,....... 20.00 2.75 7.50
800 900,....... 22.00 3.00 8.00
900 1,000,....... 24.00 3.25 8.50
1,000 2,000,....... 26.00 3.50 9.00
2,000 3,000,....... 28,00 3.75 9.50
3,000 4,000,....... 30.00 4.00 10.00
4,000 5,000,....... 32.00 4.25 -
5,000 6,000,....... 34.00 4.50 -
6,000 7,000,....... 36.00 4.75 -
7,000 8,000,....... 38.00 5.00 -
8,000 9,000,....... 40.00 5.00 -
9,000 10,000,....... 42.00 5.00 -
Over 10,000 piculs,........... 44.00 5.00 -
In the case of trading junk licences the above fees include the annual
fee of $3 hitherto charged for specifal permits.
Speical permit for licensed fishing junks, 25 cents.
2.-FEES FOR PAINTING NUMBERS ON JUNKS AND OTHER VESSELS.
The painting and branding of numbers upon junks and other vessel, as
required by section 39(5), (6) and (7) of the Merchant Shipping Ordinance,
1899, shall be done to the satisfaction of the Harbour Master, and by
persons duly intructed int htat behalf by him. The scale of fees for such
painting shall be as follows:-
for trading junks and fishing junks under 100 piculs,............30 cents.
do., do., of 100 piculs and above,............50
for all vessels in classes I, II, III and IV of Table U,.........25
As amended by G.N.No. 202 of 1913 and Law Rev. Ord., 1924.
3. -FORM OF SPECIAL PERMIT.
_________________________________________________________________________
Audit No. Date ............ Audit No. Date .............
Special permission is hereby
Junk No. Junk No.
Special per to { ------------- granted to {------------------
Boat No. Boat No.
for .......................... for ...............................
.............................. ...................................
Fee, 25 cents. Fee, 25 cents.
Recived. Received.
Shroff. for Harbour Master. Shroff. for Harbour Master.
__________________________________________________________________________
4.-FORMS OR LICENCE BOOKS.
Class A. -For Trading or Fishing Junks.
(Cover)
Hongkong Government.
Trading
------- } Junk Licence Book
Fishing
No.............
(Back of cover)
Government of Hongkong.
.......Junk Licence No.......
(Insider of cover)
Conditions.
1. This licence must be deposited at the Harbour Master's office, or at
one of the Harbour Master's stations, on each occasion upon which the
junk to which it is issued arrives at or in the vicinity of such office or
station, and the master of such junk shall thereupon give such information
as to his late voyage, the cargo and passengers carried, and the arms, etc.,
on board as may be demanded of him. This licence will be returned to
him, on clearance, after similar information from him has been given as to
his projected voyage.
2. No junk shall leave the waters of this Colony or be under way within
those waters (except by reason of stress of weather) without having the
licence on board.
3. This licence is to be produced, on demand, to every harbour or police
on revenue officer in the waters of the Colony.
4. This licence is not transferable. It is valid only for the junk to
which it is issued, and to such junk only for so ong as such junk remains
the property of the owner named therein.
5. In the event of a change of ownership, or should the junk on which
this licence is issued be lost or broken up, this book, if available, must be
returned at once to the Harbour Master's office, or to the nearest Harbour
Master's station.
6. A change of masteris to be reported at once, and the licence indorsed
accordingly.
7. In addition to the licence fee, a fee of $1 will be charged for each
licence book issued to any junk. When it has all its pages filled a new
licence book wil be substituted. Should this book be lost, damaged, or
destroyed, a new licence book will be issued on payment of a fee of $10.
8. The crew of the junk to which this licence is issued are to use their
utmost endeavour to save lif.
9. The junk shall not carry stink-pots.
10. This licence is valid for a period of...........months only from the date
of issue thereof.
Harbour Master.
(Sheet 1)
No. of licence, .................................................
Name of junk,....................................................
Name of owner,......................Length,......................
Residence of owner,.................Breadth,.....................
Name of master,.....................Capacity,.............piculs.
Agent in Hongkong,..................of...........................
Over 15, ....... Over 15,.......
Crew: Males,{ Females,{
Under 15, ...... Under 15,......
Armament.
Cannons, ........No............ Muskets, .........No............
Shot, ...........lbs. ......... Bullets, .........No............
Rifles, .........No............ Revolvers, .......No............
Cartridges for, .No............ Cartridges for, ..No............
Gunpowder, ......lbs. ......... Percussion caps, .Boxes, .......
Gingalls, .......No............ Blunderbusses, ...No............
Swords, .........No............ Pikes, ...........No............
Spears, .........No............ Shields, .........No............
Rockets, ........No............ Blue lights, .....No............
Received fee of $1 for Licence Book.
Shroff.
Date of issue............19
Harbour Master.
For attachment of
receipt for licence
fee.
(Sheet 2)
Number branded on .............date 19 .
Number painted on bows and stern ,, 19 .
Number repainted ............... ,, 19 .
Alterations in armament.
(Date and authority to be inserted on each occasion.)
(Sheet 3)
Changes of master, or owner, and other leading events in history of junks.
(Sheet 4)
For Trading Junks.
Name of station Date of arrival 19 .
From Cargo
To Date of departure 19 .
Cargo
_______
Fee paid $ Signature
_______
(Sheet 4)
For Fishing Junks.
Name of station ..........................................
Date .....................................................
Signature.
Class B.-For Passenger Boats.
(Cover)
Hongkong Government.
........
} Boat Licence.
........
No. ............................
(Back of cover)
Government of Hongkong.
.............Licence No.............
(Insider of cover)
Conditions.
1. This licence must be kept on board.
2. This licence is to be produced, on demand, to every harbour or police
or revenue office in the waters of the Colony.
3. This licence is valid only for the passenger boat to which it is issued.
4. In the event of change of ownerships, or the passenger boat to which
this licence is issued being lost or broken up, this book, if available, must
be returned at once to the Harbour Master's office, or to the nearest
Harbour Master's station.
5. Every change to master must be reported at once and the licence
indorsed accordingly.
6. This passenger boat is allowed to carry...........persons including
the crew.
7. This passenger boat is not allowed to carry cargo, except the personal
luggage of passengers.
8. In addition to the licence fee, a fee of $1 will be charged for each
licence book issued. Should this book be lost, damaged, or destroyed, a
new licence book will be issued, on payment of a fee of $10.
9. The crew of this passenger boat are to use their utmost endeavour to
save life.
10. This licence is valid for a period of ............ months only from
the date of issue thereof.
(Sheet 1)
No. of licence, ..................................................
Name of...................boat (if any), .........................
Name of owner, ...................................................
Residence of owner, ..............................................
Name of master, ..................................................
Residence of master, .............................................
Length, .....................
Breadth, ....................
Capacity, ...................piculs.
Over 15,.............. Over 15,.......
Crew: Males, { Females, ....{
Under 15,............. Under 15,......
Received Fee of $1 for Licence Book.
Shroff.
Date of issue,...................19 .
for Harbour Master.
(Sheet 2)
For attachment of
receipt for licence fee.
(Sheet 3)
For record of changes and events.
Class C.-For Lighters and Cargo Boats.
(Cover)
Hongkong Government.
(Back of cover)
Government of Hongkong.
............Licence No............
(Inside of cover)
Conditions.
1. This licence must be kept on board.
2. This licence is to be produced, on demand, to evey harbour or
police or revenue officer in the waters of the Colony.
3. This licence is valid only for the ........................to
which it is issued.
4. In the event of any change of ownership, or should the.......
boat to which this is issued be lost or broken up, this book, if available,
must be returned at once to the Harbour Master's office or to the nearest
Harbour Master's station.
5. Change of master must be reported at once and the licence indorsed
accordingly.
6. This............................is allowed to carry no passengers,
except such persons as may be in charge of the cargo or are required for
loading or unloading the cargo on board.
7. In addition to the licence fee, a fee of $1 will be charged for each
licence book issued, Should this book be lost, damaged, or distroyed,
a new licence book will be issued, on payment of a fee of $10.
8. The crew of this..........................are to use their utmost
endeavour to save life.
9. This licence is valid for a period of....................months
only from the date of issue thereof.
(Sheet 1)
No. of licence,................................
Name of.........boat (if any),.................
Name of owner,.................................
Residence of owner,............................
Name of master,................................
Residence of master,...........................
Length,.......................
Breadth,......................
Capacity,.....................piculs.
Over 15,...... Over 15,.......
Crew: Males, Females,{
Under 15,...... Under 15,......
Received Fee of $1 for Licence Book.
Shroff.
Date of issue.....................19 .
of Harbour Master.
(Sheet 2)
For attachment of
receipt for licence fee.
(Sheet 3)
For record of changes and events.
Class D.-For Hulks.
(Cover)
Hongkong Government.
(Back of cover)
Government of Hongkong.
Hulk Licence No..................
(Insider of cover)
Conditions.
1. This licence must be kept on board.
2. This licence is to be produced, on demand, to evey harbour or police
or revenue office within the waters of the Colony.
3. This licence is valid only for the bulk for which it is issued.
4. In the event of a change of ownership, or the bulk for which this
licence is issued being lost or broken up, this book, if available, must be
returned at once to the Harbour Master's office or the nearest Harbour
Master's station.
5. The hulk for which this licence is issued is not to move from any
moorings, except from stress of weather or other unavoidable cause, with-
out special permission from the Harbour Master.
6. In addition to the licence fee, a fee of $1 will be charged for each
licence book issued. Should this book be lost, damaged, or destroyed, a
new licence book will be issued, on payment of a fee of $10.
7. Change of master must be reported at once and the licence indorsed
accordingly.
8. The crew of this bulk are to use their utmost endeavour to save life.
9. This licence is valid for a period of.........months only from the date
of issue thereof.
(Sheet 1)
No. of licence,..................................................
Name of......................boat (if any).......................
Name of owner....................................................
Residence of owner...............................................
Name of master...................................................
Residence of master..............................................
Length,......................................
Breadth,.....................................
Capacity,....................................piculs.
Over 15,....... Over 15,.......
Crew: Males,{ Females,{
Under 15,...... Under 15,......
Received fee of $1 for Licence Book.
Shroff.
Date of issue.......................19
for Harbour Master
(Sheet 2)
For attachment of
receipt for licence fee.
(Sheet 3)
For record of changes and events.
Class E.-All other boats not licensed in
Classes A, B, C or D.
(Cover)
Hongkong Government.
(Back of cover)
Government of Hongkong.
.............Licence No...............
(Inside of cover)
Conditions.
1. This licence must be kept on board.
2. This licence is to be produced, on demand, to every harbour or police
or revenue office in the waters of the Colony.
3. This licence is valid only for the....................to which it
is issued.
4. In the event of a change of ownerships, or should be.................
boat to which this licence is issued be lost or broken up, this book, if
available, must be returned at once to he Harbour Master's office or the
nearest Harbour Master's station.
5. Change of master must be reported at once and the licence indorsed
accordingly.
6. This.....................boat is allowed to carry.................persons,
including crew.
7. In addition to the licence fee, a fee of $1 will be charged for each
licence book issued. Should this book be lost, damaged, or destroyed, a
new licence book wil be issued, on payment of a fee of $10.
8. The crew of this ...............................are to use their utmost
endeavour to save life.
9. This licence is valid for a period of......months only from the date
of issue thereof.
(Sheet 1)
No. of licence,...........................................
Name of.....................boat (if any),................
Name of owner,............................................
Residence of owner,.......................................
Name of master,...........................................
Residence of master,......................................
Length,..............................
Breadth,.............................
Capacity,............................piculs.
Over 15,........ Over 15,......
Crew: Males,{ Females,{
Under 15,....... Under 15,.....
Received fee of $1 for Licence Book.
Shroff
Date of issue,.......................19.
for Harbour Master.
(Sheet 2)
For attachment of
receipt for licence fee.
(Sheet 3)
For record of changes and events.
Table U. [ss. 28, 39(1)(8) & 43(3).]
REGULATIONS FOR THE LICENSING, MANAGEMENT, AND CONTROL.
OF JUNKS AND OTHER CHINESE VESSELS.
GENERAL.
1. All vessels referrd to in these regulations must be duly licensed as
therein directed. No person shall possess, use, engage or let out for hire
any such vessel unless has been licensed according to these
regulations.
In these regulations, vessels shall have the same meaning as in section
30(1) of the Merchant Shipping Ordinance, 1899.
All licences shall be kept in a licence book which shall be in one of the
forms in Table T of the Schedule to the Merchant Shipping Ordinance, 1899.
For the issue of each licence book a fee of $1 shall be charged. If the
licence book is damaged, defaced or lost, a new one will be issued for
which a fee of $10 will be charged.
2. Every person in charge of a licensed vessel must stop and show his
licence when required to do so by any harbour or police or revenue officer,
or by the employer of such vessel, each of whom is hereby empowered to
board and examine such vessel.
As amended by G.Ns. Nos. 202 and 235 of 1913, Nos. 77, 116 and 268 of 1914,
No. 111 of 1916 and No. 105 of 1917, and Law Rev. Ord., 1924.
3. All vessels may be stopped and searched by any harbour or police or
revenue office, and every person in or on board such vessel shall answer
truly all questions put to him by such officer as to the ownership of such
vessel, and any such answer may be given in evidence in any proceedings
thereafter instituted against any person in or on board of such vessel at the
time of such search.
4. For any breach of these regulations the licensee or owner or any
the crew of a licensed vessel shall be liable to be prosecuted before a
magistrate, and, if found guilty, to be punished accordingly.
5. Any breach of these regulations shall be punishable with a fine
not exceeding one hundred dollars.
6. Licences shall be issued by the Harbour Master. Each licence shall
be numbered and shall not be transferable.
7. Licence books must be carefully kept and preserved from injury. No
person shall wilfully damage or deface any licence book and no entries
shall be made therein by any person not authorised so to do.
8. The issue of a licence shall be in the discretion of the Harbour
Master, and any licence may be suspended or cancelled by him, if it is
proved to his satisfaction after due inquiry that the licensee or one of the
crew of the vessel has been guilty of any breach of these regulations or
of misconduct in connexion with the requirements thereof.
9. Licences shall state the length, breath, depth, and measurement in
piculs of the vessel and shall be valid for one year only or for such less period
as shall be named in the licence. For these mentioned under Classes I,
III and IV hereinafter indicated, licences will be issued as from 1st July,
and fot eh remaining Classes from 1st April. Half-yearly licences may be
issued at the discretion of the Harbour Master.
10. Every vessel, for which a licence has been granted, shall carry on
each how and on the stern the number of the licence legibly painted to the
satisfaction of the Harbour Master, and branded on the hull in figures two
inches in length. Such number shall be the only one permitted and shall
not be concealed.
11. No vessel shall ply for hire within three hundred feet of any ship of
war without the written permission of the Harbour Master or of the officer
in command of such ship of war.
11A. No person shall, without the written permssion of the Harbour
Master, use drags, grapplings, or other means, within the harbour limits,
for the purpose of lifting articles or things from the bed thereof.
12. Every vessel, when lying alongside any ship or landing place, or at
anchor within the waters of the Colony, shall keep the Yulo out of
water and rigged in so as not to project out-board.
12A. No vessel licensed under these regulations shall ply within the
waters of the Colony unless such vessel is, in the opinion of the Harbour
Master, fully equipped with the necessary crew and gear, and is seaworthy.
13. All vessels licensed under these regulations on leaving or entering
any prot within the waters of the Colony, except when actually conveying
or in the employ of pleasure parties, shall comply with the provisions of
section 39 of the Merchant Shipping Ordinance, 1899, relating to the entry
and clearance of junks.
13A. The Harbour Master may from time to time on payment of a fee
of twenty-five cents grants to any junk or vessel licensed under section
39 of the Merchant Shipping Ordinance, 1899, a monthly permit which
shall allow such vessel to trade betwee ports or places in the Colony
without a clearance.
14. Every vessel other than a junk shall when under way, between
sunset and sunrise, exhibit a white light at the bow visible all round at a
height of not less than 3 feet above the gunwale. If of 150 feet or
upwards in length, such vessel shall exhibit two such lights, one at the bow
and one at the stern, the former being not less than 20 and not more than
40 feet above the hull and the latter not less than 15 feet lower than the
former. Every vessel propelled by oars at anchor or at moorings or alongside
any wharf shall between sunset and sunrise exhibit a white light at the
how visible all round at a height of not less than 3 feet above the gunwale.
15. If the vessel is propelled or pumped by steam, the boiler must
be surveyed as provided by Table E of the Schedule to the Merchant
Shipping Ordinance, 1899, and the certificate must be produced to the
Harbour Master.
16. The licence of a vessel propelled or pumped by steam shall be liable
to be cancelled or suspended at any time by the Harbour Master on the
report of the Government Marine Surveyor that in his opinion the vessel is
not fit for the service for which such vessel is intended.
17.-(1) The number of adult person or passengers taken or carried in
any vessel within the waters of the Colony shall not exceed,-
(a) in the case of vessels not exceeding 150 piculs, one passenger for
every 10 piculs with an additional crew allowance of 4 adults;
(b) in the case of vessels exceeding 150 piculs and not exceeding 1,000
piculs, one passenger for every 10 piculs with an additional crew allowance
of 8 adults;
(c) in the case of vessels exceeding 1,000 piculs, one passenger for every
10 piculs with an additional crew allowance of 15 adults.
(2) If any of the passenger accommodation of any vessel is occupied by
cargo or passenger's baggage, the said allowances shall be reduced by the
passenger for every 7 superficial feet of space so occupied.
CLASS I.-PASSENGER BOATS.
18. No passenger boat shall carry more than the number of passengers
which may lawfully be carried under the conditions of the licence, and
shall not carry any cargo except passengers' baggage.
19. Every passenger boat shall go alongside a wharf when ordeed to
do so by a police officer and shall, when conveying passengers, be
carefully steered, and travel with reasonable expedition.
20. Every passenger boat shall, as regards repair and cleanliness, be
kept in a state fit for publice use.
21. Every passenger boat shall, between sunset and sunrise, keep a
lighted lautern with the licence number either painted on the glass or cut
in on the frame in figures ate least two inches in height, to be produced
when demanded.
22. No person in charge of a passenger boat shall demand more than
the fare provided by these regulations, nor shall be refuse to take a
passenger, except for some reasonable cause, anywhere between the north
point of Hongkong and Hunghom point on the east; Belcher's Bay and
the west point of Stonecutters Island on the west; Shamshuipo and the
west point of Stonecutters Island on the north.
23. Passenger boats when engaged by ships of war or other vessel for
their exclusive use shall surrender their licence to the Harbour Master,
and shall be given a permit stating the name of the ship for which they
are engaged, and whilst holding such a permit passenger boats shall not be
permitted to take casual passengers.
24. Passenger boats shall be divided into two classes-A and B.
25. Class A passenger boats shall carry not less than two males between
the ages of 15 and 60 as part of the crew.
26. No passenger boat other than a passenger boat in Class A shall be
permitted to take on board passengers at any point of the Praya between
Ship Street Pier on the east and Harbour Office Pier on the west.
27. No passenger boat other than a passenger boat in Class A shall be
permitted to anchor or remain stationary within one hundred yards of the
Praya between Ship Street on the east and Harbour office Pier on the
west.
28. The following is the table of fares for passenger boats:-
PER DAY OF 12 HOURS.
Class A.
For 1st class boats,............ $3.00
For 2nd Class boats,............ 2.00
For all other boats,............ 1.50
Mass B.
For 1st Class boats . $2.00
For 2nd class boats . ...1.50
For all other boats . ..1.00
PER NOUR OR LESS
Class 4.
Per hour with 2 --- 40 Cents.
Per half-hour, ................................. 20
For each extra passenger, 10 cents for half-an-hour 20 cents per.
hour.
Between sunset and sunrise, 10 cents extra per passenger.
Class
Per hour with 2 passengers 20 cents
Per half-hour 10
For each extra passenger, 5 conts for half-an-hour; 10 cents for an hour.
Between sunset and sunrise, 10 cent extra per passenger.
1st Class boats are those measuring 30 feet and over in length.
2nd Class boats are thosc measuring from 20 to 30 feet in length.
All other boats are those of under 20 feet in length.
29. The table of fares shall be comspicuously in the boat and shall
bc shown to anyone demanding to see it.
30. The following, licence fees shall be charged in respeci of' passenger
Loat licences
For boats in class A, $3 for each 10 feet or part of 10 feet in length,
with a minimnin fee of $3, aud a maxmum fee of
For boats in class B, 82 for each 10 feet or part of 10 feet in lenght,
with 9, minimun fee of $2, and a maximum fee of $10.
30A. No vessel in this class shall without lawful authority or reasonable
excusea pproach within thirty feet of any steamship lying at anchor or at
moorings or alongside any wharf at kowloon.
CLASS II-LIGHTFES, CAIWO BOATS AIND WATER BOATS.
31. No vessel in this class shall have a false bottom or any other secret
compartment for the Concealment of goods or persons.
32. No licensee of a cargo boat shall refuse to let, his boat, except for
some reasonable cause.
33. Lighters and cargo boats will be allowed to carry as passeugers
only such persons as may be in charge of goods or baggage for the
conveyance of which the boat is hired or used, or who may be required or
may have been required to assist in loading or unloading.
34. The following is the maximum scale of hire for lighters and cargo boats.
Per day or
night of Per
12 hours load.
vessels of 10,000 piculs and upwards, ........... $60 $30
under 10,000 piculs and not less than 5,000 piculs, 50 25
5,000 4,000 40 20
4,000 3,000 ... 30 15
3,000 2,000 ..20 10
..15 8
2,000 71 180
1,000 800 ..............10 5
800 500...............5 3
500 100...............3 2
100 piculs ................................................. 1.50 1
35. The following, licence fees shall be charKed :-
Under 100 piculs . .....$ 6
Freni100 to 200 piculs . 10
200 to 300............ 14
300 to 400................. 18
400 to 500............ 22
500 to 600.............. 26
600 to 700............ 30
700 to 800.........34
800 to 900............ 38
900 to 1,000............ 42
1,000 to 2,000................. 46
2,000 to 3,000................. 50
3,000 to 4,000................. 54
4,000 to 5,000................. 58
5,000 to 6,000..... 62
6,000 to 7,000................. 66
7,000 to 8,000................. 70
8,000 to 9,000................. 74
9,000 to 10,000................. 78
Over...................10,000 piculs 82
carpo boat execedim, 2,000 piculs shall be decined to be it
lighter.
CLASS III-FIRST-DYING AND OTHER VESSELS
USED AS HULKS.
36. The following licence fees shall be charged for vessels in this
class ........................
Under 100 piculs ............$ 3
From 100 to 200 piculs . ........................ 4
200 to 300.................................. 5
300 to 400............ ................... 6
400 to 500................................. 7
500 to 600................................. 8
600 to 700........ 9
700 to 800................................. 10
From 800 to 900 piculs, ......................... $11
900 to 1,000 ........................ 12
1,000 to 2,000 ........... 15
2,000 to 3,000.................................... 18
3,000 to 4,000...................... 21
4,000 to 5,000............ 24
5,000 to 6,000................ 27
6,000 to 7,000.................................... 30
7,000 to 8,000.................................... 33
8,000 to 9,000.................................... 36
9,000 to 10,000.................................. 39
Over 10,000 piculs . .........43
CLASS IV-ALL OTHER VESSELS OF ANY DESCRIPTION,
NOT LICENSED IN CLASSES I, II, AND III.
37. Every vessel in this class shall keep a lighted lantern with the
licence number either painted on thel glasS Or cut in on the frame in figures
at least two inches in length, to be produced when demanded.
38. No vessel in this class shall carry more than the number of persons
for which she is licensed.
39. No vessel in this class shall have on board cargo or cargo and
passengers or passengers in such quantities as to render her unsafe.
40. No vessel in this class shall, without lawful authority or reasonable
excuse, approach within thirty feet of any vessel lying at anchor Or at
moorings or alongside any wharf.
41. The licence fees to be charged for vessels in this class shall be
half those provided for lighters and cargo boats.
Table V. [s. 29 (1)(3)(4).]
REGULATIONS FOR FISHING IN THE WATERS OF THE COLONY.
1. In these regulations,
(a) inshore stake-net means a net which is attached to poles, and
which is worked by a windlass stationed on shore or in less than three
fathoms of water.
(b) oofshore stake-net means a net which is attached to poles, and
which is worked by a windlass stationed in more than three fathoms of
water.
(c) Line of stakes and nets means a net or nets attached to it line of
stakes which are driven into the foreshore or sea bed.
(d) Stake-net includes an inshore stake-net, all offshore stake-net and
it line of stakes and nets.
M amended by G. Ns. Nos. 130 of 1921 and 2 of 1922, and Law Rev. ord
1924. See, also 0. N. No. 492 of 1921.
(c) Seine net means a net not less than one hundred feet in length by
three feet in width, which is shot from a boat and hauled by both ends
the shore.
2. Owners of stake-nets and seine nets shall pay to Om Harbour Master
annual licence fees commencing from 1st June in each year in accordance
with he seale in regulation 10 of these regulations.
3. Licences shall not be transferable, and shall specify the exact place
in which they may he used.
4. No new stake-net shall be erected without the permission in writing
of the Harbour Master, which permission shall state the class of net, and The
place in which it is to be used.
5. No new stake-net shall be erected whMn two hundred yards of an
existing stake-net without the consent of the owner thereof.
6. Every stake-net shall exhibit between sunset and sunrisea bright
white light visible in all directions seaward for at least one mile.
7. Every skake-net shall exhibit conspicuously a board shewing the
licence number of the stake-net.
8. The Harbour Maste may order the removal of stakes when not in
use.
9. No person shall within the waters of the Colony kill or take any fish
by means of any explosive whatsoever.
10. Annual licence fees:-
Inshore stake-net, $2.
Offshore stake-net, if in less tahn 5 fathoms of water $4; otherwise $5
Line of stakes and nets, if removed daily, $1 for every 100 yards: if not
removed daily, $1 for every 10 years.
Seine net, $2
REGULATION, CONTROL, AND LICIENSINC OF OYSTER FISHERIES AT
DEEP BAY AND OTHER PLACES IN THE NEW TERRITORIES.
11. No person shall carry on any of the operations of oyster rearing or
fishing in the New Territories unless: -
(a) such person shall have taken out a licence for doing the same which
may be in the form in the Appendix to these regulations;
(b) the conditions under which such licences are issued are complied with.
12. Such licence shall be granted by the Colonial Secretary to such
persons, and for such period and upon payment in advance of such fees, as
may be approved by the Governor.
13. Such fees shall be paid to the Treasure or such office as he
depute, for that purpose.
14. lf any commits any breach of these regulations his licence
may be forfeited and cancelled by the Governor, in additional to any other
penalty to which he may be liable by law.
REGULATION AND CONTROL OF THE USE OF BRIGHT LIGHTS FOR FISHING
IN THE WATERS OF THE COLONY.
15. In regulations 15, 16 and 17 of these regultions, bright light
means any incandescent lime light or any artificial light produced by the
the vapourisation of oil or spirit under a mantle, or by electricity or by the
use of acctylene or coal gas, or calcium phosphide.
16. No person shall use any bright light for the purpose to fishing or
attracting fish within the wates of the Colony, except in accordance wiht
the foloowing rules and conditions:-
(1) Not more thall two such lights shall be in use It the same time in
any one vessel.
(2) Such lights shall withing the waters of the Colony be used for fishing
or attracting fish in the following areas only:-
Mirs Bay - the area bounded on the south by a line drawn from Mirs
Point to Bate Head.
Port Shelter and Rocky Harbour-the area bounded on the soouth and
cast by a line, drawn from a point on the mainland due north of the
northernmost point, of High Island to meet the northernmost point of High
Island, thence following the east coast of High Island to the southernmost
point of High Island, thence to the easternmost point of Bluff Island, thence
following the coast of Bluff lsland to the southernmost point of Billif Island,
thence to the centre, of Steep Island, and thence due west to meet the
mainland.
Chung Kwang O (Tseung Kwan O) or Junk Bay - the area bounded on
the south and west by a line drawn from Rennie's Flour Mills to the centre
of Fu tau chau Island (Fat T'au Chau), and thence due cast to meet the
mainland.
Rambler Channel-the area to the north and east of Chung Hue, outside
the limits of the harbour, excluding all the waters to the west and south of
Chung Hue.
Deep Bay-the area bounded on the west by a line drawn from South-
West Point to Black Point.
North of Lantao-to the southward of the Brothers and castward of Chu
Lu Kok.
East of Lantao-the area bounded on the south by a line running due
west from the southernmost point, of Papai (Tai Ku Chan) to meet the
Island of Lantao, and oil the cast by a line drawn from the southernmost
point of Papai (Tai Ku Chau) to the easternmost point of Chau Kung and
thence due north to meet the Island of Lantao.
East Lamma Channel-including Taitam Bay-the area bounded on the
north by a line drawn front the northernmost point of Lamma Island to the
west side of Waterfall Bay, and on the south by a line drawn from the
southernmost point of Lamma Island to Taitam Head, and thence to Tai
Long Head.
(3) The lights shall be, effectively shaded to the satisfaction of the
Harbour Master and shall in any case be so constructed and used that the
shade shall always extend not less than 4 inches below the lowest part of
the light. The lights shall not he placed at a greater height than 3 feet
abvoe the surface of the water.
17. It shall be lawful for the Harbour Master with the approval of the
Governor, by notication in the Gazette, to declare, to declare any further area or
areas of the waters of the Colony to be, area, within which the use of bright
lights for fishing is permitted, or to declare that any area or part of an
area in which the use of such lights for fishing is permitted shall thereafter
be anarea in which such useis prohibited.
Appendix. [Regulation 2.]
Licence for oyster fisheries.
is hereby licensed to conduct any oyste fishery, and make and
maintain oyste beds, within the following boundaries:-
This licence will be in force from the day of until
the day of , 19 .
Conditions of licence.
1. The limits of cach oyster bed are to be severally and distinctly
marked out by bamboos or by other equally efficient means. Such marks
must be kept in a good state of repari, project at least 2 feet above the high
water mark, and must not form a danger to navigation.
2. No obstruction by oyster beds, or the deposit of oyster shells shall be
caused to the channels used for nvaigation, which must be allowed to
remain free from obstruction. No oyster bed shall be allowed in any scuh
position as in the opinion of the Harbour Master interferes with navigation.
3. Unless the licensee is a native of and rsides in Hongkong or the New
Territories he shall upon his licence being granted to him deposit with the
Treasurer a sum of $100 as security for his due attendance before the
District Officer whenever required such sum of $100 to be forfeited to the
Colonial Government if and wheneve the licensee fails to attend when so
required.
Table W. [s. 21.]
LIST OR PORTS OF THE COLONY.
Victoria, within harhour limits. Cheung Chau.
Aberdeen. Tai O.
Stanley. Tai Po.
Shaukiwan. Saikung.
Deep Bay. Junk Bay.
Table X. [s. 25 (4).]
1. The Typhoon Shelter at Bay is for affording shelter during
had weather to junks and other native craft, and to launches, lighters, and
other small craft, of European construction. It shall not be used by any
other vessels except with the written permission of the Harbour Master.
2. No vessel, so long as any space remains unoccupied inside the break-
water Shall anchor, secure, or lie in such a position as to obstruct the free
access of other vessels, to such unoccupied space.
3. No vessel, except as provided for in regulation 4 of these regulations,
shall enter or lie in the Causeway Bay Typhoon Sheller without the
written permission of the Harbour Master, unless a typhoon warning is
hoisted.
4. Nothing in these regulations shall prevent any vessel, from using any
recognised pier or landing place within the limits of the said Typhoon
Shelter, for the purpose of landing or embarking passengers or cargo: but
such vessel shall not remain within its limits longer than is absolutely
necessary for such landing or embarking.
5. Any breach of these regulations shall punishable upon summary
conviction by a fine not exceeding one hundred dollars, or by imprisonment
for any term not, exceeding three months.
B. - Yaumati Bay.
1. The Typhoon Shelter at yaumati Bay is for affording shelter during
had weather to junks and other native craft, and to launches, lighters,
and other small craft of European construction. It shall not be used by any
other vessels except with the written pemission of the Harbour Master.
2. No vessel, so long as any space remains uoccupied inside the break-
water, shall anchor, secure, or lie in such a position as to obstruct the free
access of other vessels to such unoccupied space.
3. A fairway shall he kept clear from southern entrance of the
Yaumati Typhoon Shelter to the piers or wharves habitually used by the
Yaumati ferry launches, until such launches stop running during a typhoon,
after which such fairway may be occupied by vesels taking shelter, due
regard being paid to the provisions of regulation 2 of these regulations.
As amended by G.N. No. 376 of I913 and Law Rev, Ord., 1924.
4. The space to the southward and eastward of the fairway mentioned
in regulation 3 of these regulations is reserved for the use of Government
craft during typhoons, and shall not be used by any other vessels.
5. Every steam-launch, when approaching the entrances to the Yaumati
Typhoon Shelter, shall ease the engines to dead slow, and pass through the
entrance at a speed not excdeeding 3 knots.
6. Any breach of these regulations shall be punishable, upon summary
conviction, by a fine not exceeding one hundred dollars, or by imprisonment
for any term not exceeding three months.
Table Y. [s. 42(1)]
LANDING REGULATIONS.
1. No person or thing shall be landed from any steamship exceeding
sixty tons except at the port or destination named on the clearance of such
steamship.
2. Evey person who does or is a party to any act forbiden by
regulation 1 of these regulations shall be liable to a fine not exceeding two
hundred dollars, or to imprisonment for any term not exceeding six months.
[originally No. 36 of 1899. No. 25 of 1913. No. 13 of 1917. No. 11 of 1922. No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. [s. 2 contd.] 57 & 58 Vict, c. 60. Certificate or licence required by ship in waters of the Colony. Proof of register, etc. Consent to prosecution. Master, mate, and engineer to possess certificates. [cf. Orders in Council, 9th May, 1891, 22 nd October 1906.] Certificated officers of British ship, and foreign ship holding passenger certificate. [s. 4 contd.] British river steamers not exceeding 300 tons. Trawlers. British river steamers not exceeding 60 tons. Schedule. Table E. ship leaving without certificated officers or clearance. Penalty on employment of uncertificated person. [s. 4 contd.] Examination for certificates. Rules for examinations. Applicant for certificate to give notice to Harbour Master. Appointment of board of examiners. Harbour Master to summon board and notify applicant. Fees to be paid by applicant. Fees to members of board. [s. 4 contd.] Certificate to be given to successful candidate. Certificate to be subject to regulations. [cf. Orders in Council, 9th May, 1891, and 22nd October 1906.] Copy of certificate to be granted in case of loss. 57 7 58 Vict, c. 60, s. 101. Production of certificates. 57 & 58 Vict, c. 60, s. 103. Forgery of certificate. 57 & 58 Vict, c. 60, s. 104. Mercantile Marine Office. Shipping of seamen. Agreement be made for seamen. 57 & 58 Vict, c. 60, s. 113. Penalty for shipping without agreement. 57 & 58 Vict, c. 60, s. 113. Fees payable on engagement and discharge. Schedule. Table 1. [s. 5 contd.] Payment and deduction of fees. Schedule. Table 1. No seaman to be discharged without sanction and due provision for maintenance. Penalty on seaman for wrongfully remaining behind. Place of discharge. Master to give to seaman discharged in the Colony certificate of discharge, and account of wages. Penalty for forcing or leaving seaman on shore. Limited exemption of seaman shipped under the Ordinance from liability to arrest on civil process. Establishment and regulation of boarding-houses. [cf. No. 23 of 1917, s. 2.] [s. 6 contd.] Schedule. Table K. Penalty for keeping unlicensed boarding-house. Duties of boarding-house keeper. Certificate officer may lodge elsewhere. Relief of seamen belonging to vessel registered in the Colony. Payment of expenses incurred in the Colony for relief of such seamen. Repayment of expenses incurred else-where than in the Colony. Ship to carry medicines, medical stores, etc., in accordance with scale issued by Boards of Trade. Owner, etc., neglecting to provide medicines and medical stores to be guilty of misdemeanor. Inspection of medical stores. 57 & 58 Vict, c. 60, s. 202. Master of ship before shipping seaman may require him to undergo medical inspection. [s. 8 contd.] Keeper of licensed boarding-house to report state of boarders' health. Penalties for seamen. Death or desertion to be reported. Penalty on master for filthy condition of ship. Seaman or apprentice deserting may be apprehended and put on board vessel to which he belongs, etc. [s. 9 contd.] 57 & 58 Vict, c. 60, s. 238. Ship or house may be searched for deserter. Penalty on person harbouring deserter. [s. 9 contd.] Harbour Master may require master to search for suspected deserters, and to make declaration of search. Offences against discipline. 57 & 58 Vict, c. 60 , s. 221. [s. 9(5) contd.] 57 & 58 Vict, c. 60, s. 225. Payment of expenses. Interpretation. Passenger ship to be surveyed once a year. 57 & 58 Vict, c. 60, s. 271(1)(a). [s. 10 contd.] Passenger ship not to clear without certificates of survey. 57 & 58 Vict, c. 60, s. 271(1)(b), (2). Appointment and remuneration of surveyors. Surveyor to have power to inspect ship, etc. [s. 10 contd.] Governor in Council to regulate mode of survey. Schedule. Table C. Penalty for wrongfully receiving or offering fees. Owner to have survey made by surveyor, and surveyor to give certain declarations as to hull and equipments. [s. 10 contd.] 18 & 19 Vict, c. 104. Ordinance No. 30 of 1915. Schedule. Table D. Transmission of declarations to Colonial Secretary. [s. 10 contd.] Issue of certificate. Transmission of certificate to Harbour Master. Appeal to Court of Survey. 18 & 19 Vict, c. 104. Ordinance. No. 30 of 1915. Schedule. Table II. [cf. S, 20(2).] [s. 10 contd.] Report of Court of Survey. Costs. No appeal in certain case. Objections to constitution of Court. Schedule. Table II. Fees to be paid for certificate. Schedule. Table C. Duration of certificate. [s. 10 contd.] Governor may cancel certificate and require fresh declarations. Certificate to be placed in conspicuous part of ship. Surveyors to make returns of build and other particulars of ship, and owner, etc., to give information. Report to Harbour Master of accident to passenger ship. 57 & 58 Vict, c. 60, s. 425. Further penalties for non-compliance with provisions relating to passenger surveys and certificates. Penalties for carrying passengers in excess of complement. Equipment of passenger ship. Safety valve. [s. 11 contd.] Adjustment of compasses. Fire hose. Signals. Shelter for deck passengers. 18 & 19 Vict, c. 104. Ordinance No. 30 of 1915. Schedule. Table D. penalty for inadequate equipment. In case of non-compliance Harbour Master to refuse clearance. Schedule, Table D. Penalty for improper weight on safety valve. Harbour Master may refuse clearance to ship carrying more passengers than allowed by certificate. Penalty for taking more passengers than allowed by clearance. Penalty on owner, etc., in like case. Production of passenger certificate. Deck passengers. Power to make regulations. Schedule. table A. [s. 13 contd.] Classes of ships. Boats, etc. Life-saving apparatus. Duties of owner and master. Schedule. Table A. Penalty for neglect. 57 & 58 Vict, c. 60, s. 430. [s. 13 contd.] Inspection by surveyor. Notice of deficiency. Harbour Master not to clear ship not complying with above provisions. Entry in log-book of boat drill and inspection of life-saving appliances. Production of record. Penalty. 6 Edw. 7, c. 48, s. 4. [cf. 57 & 58 Vict, c. 60, Part V.] Marking of deck-lines. 57 & 58 Vict, c. 60, s. 437. Marking of load-line. 57 & 58 Vict, c. 60, s. 438. [s. 14 contd.] Penalty for neglecting to mark lines, etc. Penalty for inaccurate marks. Submerged load-line. 57 & 58 Vict, c. 60, s. 439. [cf, s. 17(5).] Delivery of written statement to Harbour Master. Government Marine Surveyor to approve and certify on behalf of Governor. Schedule. Table C. Ship to be kept marked. [cf. 57 & 58 Vict, c. 60, s. 734.] Restrictions on carriage of dangerous goods. Ordinance No. 1 of 1873. Penalty for misdescription of dangerous goods. Power to refuse to carry suspected goods. [s. 15 contd.] Ship carrying dangerous goods and more than 20 passengers. Power to throw overboard dangerous goods. Forfeiture of dangerous goods improperly sent or carried. Court may proceed in absence of owner of goods. Saving of enactments relating to dangerous goods. Interpretation and provisions as to grain cargoes. Sending unseaworthy British ship to sea a misdemeanor. [s. 17 contd.] Master knowingly taking unseaworthy British ship to sea. Consent of Governor to prosecution. Misdemeanor not punishable on summary conviction. Power to detain unsafe ship, and proceedure for such detention. [cf, s. 14(5).] [s. 17 contd.] [cf, s. 20(2).] [cf, s. 20(2).] Liability of Government and of shipowner for costs and damages. [s. 17 contd.] Ordinance No. 3 of 1901, ss. 478 to 482. Power to require security for costs from complainant. Supplementary provisions as to detention of ships. [cf. 57 & 58 Vict, c. 60, s. 730.] Application to foreign ships of provisions as to detention. Exceptions. Governor may appoint Marine Court. [s. 19 contd.] 57 & 58 Vict, c. 60, s. 478. Constitution of court. Unofficial members of court to be remunerated. Enumeration of casualties. 57 & 58 Vict, c. 60, s. 464. [s. 19 contd.] Cases for inquiry, and jurisdiction of court. 57 & 58 Vict, c. 60, s. 478. [cf. 57 & 58 Vict, c. 60, s. 729.] Inquiry not to be held if matter has already been subject of investigation: or if inquiry has been. [s. 19 contd.] commenced in the United Kingdom. Grounds for cancelling or suspending certificate. 57 & 58 Vict, c. 60, s. 470. [cf. 57 & 58 Vict, c. 60, s. 470.] Report to Board of Trade. Copy of report to be furnished. Board of Trade may order re-hearing. [s. 19 contd.] Person who applies for court to assit it. 57 & 58 Vict, c. 60, s. 466. Further powers of court. Ordinance No. 3 of 1890. Members to sign report. Delivery up of certificate. Re-hearing. Regulations as to procedure, fees, etc. Schedule. Table G. Opportunity for defence. Constitution, powers, and procedure of Court of Survey. Regulations as to procedure, fees, etc. Schedule. Table II. Power to order payment of costs of investigation. Ordinance No. 3 of 1890. Saving of Admiralty Jurisdiction. Declaration of ports, and prohibition of ship or junk anchoring elsewhere. Merchant vessel arriving to hoist colours and house flag or number. [s. 22 contd.] Harbour Master and Health Officer to be allowed on board at once. Schedule. Table K(A). [cf. No. 6 of 1900, s. 25.] Ship to be moored where ordered, and not removed without permission. Ship to be entered within 24 hours. Directions of Harbour. Master to be followed. Bleu Peter to be hoisted and port clearance to be obtained before departure. Quarantine regulations. Schedule. Table I. Penalty for breach; and powers of police. Recovery of costs and expenses. Fairway to be kept clear. Lights on junks. Ship to exhibit light at night. Precaution in case of fire or disturbance. Governor in Council may make regulations. Schedule. Tables M and X. Damaging furniture of vessel. [s. 26 contd.] Throwing into water goods unlawfully obtained. Obstruction of harbour by rubbish, etc. Boarding ship without permission. Making fast to ship under way. Receiving or landing passengers unlawfully. Schedule. Table N. Refusing to pay fare. Obstruction of wharf, improper mooring, etc. Schedule. Table N. Firearms not to be used except in certain cases. Schedule. Table O. Harbour Master may remove obstruction, etc. Government moorings. Private moorings. Mooring of hulk, etc. Use of moorings. Regulations. Schedule. Table O (A). Regulations for fishing stations, stakes, and nets. Schedule. Table V. Power to order removal of stakes. Fees payable. Schedule. Table V. Regulations for fishing generally. Schedule. Table V. Penalty. Boarding of vessels for police purposes. Arrest on board of offender. Authority to stop vessel. Interpretation. Power to erect light-houses, etc.; to raise necessary funds by public loan; and to advance funds out of Treasury. Owner, etc., of ship to pay dues. Schedule. Table P. Power to Governor in Council to regulate dues. Posting of tables and regulations. Ship not to be cleared without production of receipt for dues. Power of distress for dues. Ship's burden to be ascertained by measurement in certain cases. Penalty on master for departing without paying dues, etc. Penalty for injuring lighthouse, etc. Schedule. Table M (V). Application of ss. 31-33 to Gap Rock lighthouse. Harbour Master may prohibit false light. Harbour Master may abate false light. Vessels and buildings for storage of explosives. Government Gunpowder Depot. Vessel not to anchor within 500 yards of Depot. Harbour Master to be furnished with particulars of explosives arriving in the Colony. Master to take vessel to special place. Red flag to be exhibited. [s. 36 contd.] Vessel not to anchor within 500 yards of any other vessel. Mode of proceeding when explosives ate to be exported. No gum-powder to be shipped, etc., at night. Limit of storage without written permission. [cf. Table Q, Reg. 7.] Search warrant. Regulations for carrying out provisions of s. 36. Schedule. Tables Q & R. [s. 36 contd.] payment and recovery of sums for storage. Penalty. Saving of Ordinance No. 1 of 1873. Exception of ships of war and Government stores. Gunpowder anchorage. Interpretation. Regulations. Schedule. Table E. [s. 37 contd.] Offences and penalty. Launch or motor boat carrying an excessive number of persons. Safety valve of licensed launch. Safety valve of unlicensed launch. [s. 37 contd.] Unseaworthiness. Inspection. Cancellation or suspension of licence by Harbour Master. Cancellation or suspension of licence by Governor in Council. Cancellation or suspension of local certificate of competency by Harbour Master. Cancellation or suspension of local certificate of competency by Governor in Council. Delivery up of licence or certificate upon cancellation or suspension. Disobedience of order of Harbour Master. Exemption. Collision regulations. 57 & 58 Vict, c. 60, s. 418. Special licence to river steamer. Schedule. Table F. Duration of licence. Penalty for exceeding number of passengers allowed by licence. Classification of junks. [s. 39 contd.] Schedule. Tables T & U. Definition of master. Harbour Master's stations. Anchorages for junks. Schedule. Table S. Penalty for failure to take out licence. Licences only in one class. Trading junk licences. [s. 39 contd.] Fishing junk licence. Licences for lighters, cargo boats, hulks and small boats. Regulations for licensing of junks, etc. [s. 39 contd.] Schedule. Tables U. Penalty where overcrowding results in drowning of passengers. Report of arrival and particulars to be furnished. Flag to be hoisted before departure; clearance. [s. 39 contd.] Special permits. Schedule. Table T. Vessels not to leave without clearance or permit. No junk to leave at night. Penalty for unlawfully using licence, etc. [cf. Sub-s (24).] [s. 39 contd.] Licences to other vessels. Junks and other craft to be subject to orders of Harbour Master. Discipline of harbour. Penalty for disobeying Harbour Master's orders. Penalty for bringing mendicants, etc., into the Colony. Power to board any junk and demand inspection of documents. [s. 39 contd.] In case of non-payment of penalty by master, the same may be levied by sale of vessel. Transfer to purchaser upon sale of vessel. Trial of offences under this section. [cf. Sub-ss. (15) and (26).] Penalty for contravention of sub-ss. (10) or (11). Penalty for contravention of sub-ss (13) or (14). [cf. Sub-s (24).] Junk not carrying lights to be deemed in fault for collision. Application of certain parts of Merchant Shipping Acts. [s. 41 contd.] [cf. 57 & 58 Vict, c. 60, s. 264.] Trial in the Colony of misdemeanors and offences under Merchant Shipping Acts and Ordinance. Ordinance No. 3 of 1890. Ordinance No. 3 of 1890. Trial of offences and recovery of penalties, expenses, etc., under the Ordinance. Ordinance No. 3 of 1890. [s. 41 contd.] Penalty for offences not specially provided for. Service of documents. Obstructing service. Power to detain ship in certain cases. 57 & 58 Vict, c. 60, s. 692(3). Penalty for taking detained ship to sea. Penalty for taking to sea officer authorised to detain ship, etc. Rule as to proof of exception, etc. Use of official log and articles of agreement as evidence. Regulations. Schedule. Table Y. Power to impose penalties. Payment of remuneration to certain persons. Costs and compensation. Fees. [cf. Tables B, C, E, H, I, J, P, R, T, U and V.] Abstract of portions of Ordinance to be given to master on arrival. Exemptions. Application of Ordinance to ships propelled by electricity, etc. Arrangement of ships into classes. Boats to be carried under davits. Scale. [Table A contd.] [Table A contd.] Description of half of boats; and of remainder. Additional boats or life-rafts. Additional boats, etc., in case of ship with water-tight compartments. Life-buoys and life-belts to be carried. Boats to be carried under davits. [Table A contd.] Life-belts to be carried. Life-buoys. Boats to be carried under davits. Additional boats or life-rafts. Buoyant deck fittings in lieu of additional boats or life-rafts. Life-buoys to be carried. Construction of boats. [Table A contd.] Mode of ascertaining cubic capacity of boat. Mode of ascertaining number of persons to be carried by boat. Description of appliances for getting boats into water. Equipment for boats and life-rafts. [Table A contd.] Additional equipment for boats of sections A and B. Number of persons to be carried by life-rafts. Buoyant apparatus. Life-belts. Life-buoys. Position of life-belts and life-buoys. Surveys of steamships for passenger certificates. [Table C contd.] Surveys of ships under Chinese Passengers Act or Asiatic Emigration Ordinance. Measurement of tonnage. [Table C contd.] Inspection of berthing or sleeping accommodation of crew. Inspection of lights and fog-signals. Inspection of marking of vessels. Inspection of tracings. Survey for change of name. Recording change of name, etc. survey for re-registry, etc. Survey before transfer to foreign flag. Minor inspections. Remearsurement of passenger accommodation. Survey of ship's bottom. Survey or boilers. Certifying load-line. Overtime service. Space between decks. Space for exercise. [Table D contd.] Limits for carrying upper deck passengers. Deck-house to be provided between June 1 and October 14; exception. Restriction as to decks. Definition of superficial area. Conditions for carrying cargo, etc., on upper or passenger decks. Restriction as to tiers of berths. Light and air. First and Second Class Saloons. Launches and motor boats to be licensed. [Table E contd..] Survey. Particulars in certificate of survey. [Table E contd.] Fee for certificate. Issue of licence for vessels. Appendix B. Form of licence. Appendix A. Licence to be kept on board. Every vessel to have certificate master and engineer. Improper use of licence, etc. Painting of name, etc., on vessel. Vessel to be clean and in good repair. [Table E contd.] Fee for licences. Scale of hire. Deduction from number of passengers. Dangerous goods not to be carried with passengers. Ordinance No. 1 of 1873. Harbour Master may issue certificates of competency; fee for examination; photographs. [Table E contd.] Examination for engineers of motor boats. Renewal of photograph. Re-examination before engagement. Report of arrival. Notice of departure. Night clearance. Pleasure trips. Special permit. Untrue Particulars. [Table E contd.] Periodical survey. Use of unsurveyed launch or motor boat. Reporting of name of master etc, engaged; or discharges. Production of certificate on engagement. Reporting of discharge by master. Record of engagements and discharges. Certificates of competency to be on board the vessel. Harbour Master may permit engineer with master's certificate to be in charge of boat. [Table E contd.] Exemption of motor boats used solely for pleasure. Gambling prohibited. Master not to permit gambling. Master's responsibilities. Anchorage at Repulse Bay. Or, within the harbour limits (as the case may be.) or, within the harbour limits (as the case may be), [Table E contd.] [Table E contd.] For vessels licensed to ply outside the harbour limits. Passengers on lower deck; on upper deck and cabins. Proviso as to number of passengers. Supply of life-boats, etc. Restriction as to decks. Deductions from number of passengers. Forms. Appendix. Notice of investigation. Appendix. Form No. 1. Summons to witness. Appendix. Form No. 2. Absence of person served. Right to appear. Proceedings at investigation into casualty. Proceedings at inquiry into charge of misconduct or incompetency. Restriction on power of cancelling certificate. Adjournment. Judgment. [Table G. contd.] Filing of notice of appeal. Appendix. Form No. 1. Proceedings for constituting court. Summoning of court. Appendix Form No. 2. Notice to complainant of hearing . Forwarding copy of report. Time for hearing. Parties to proceedings. Partices by permission. Proceedings on behalf of Governor; by complainant. Witnesses in reply. [Table H contd.] Addresses of parties. Adjournment. Delivery of decision. Release or detention of vessel. Appendix Form No. 3. Report to Governor. Appendix. Form No. 4 Fees. [Table H contd.] Affixing of signboard over door. Construction of house. Kitchen accommodation. Accommodation for boarders. Room for chests, etc., of boarders. [Table K contd.] Washing rooms, etc. Removal of filth. No communication with adjoining housed. Conditioners of receiving seaman as boarder. Keeping of books and accounts. Furnishing of accounts to boarder. Exclusion of prostitutes. Closing. Prohibition of gambling and prevention of disorder. Illness of boarder. [Table K contd.] Furnishing of weekly list of seamen boarders. Restriction on discharge of boarder. Inspection of boarding-house. Posting up of regulations. Penalty for infraction of regulations. Fees payable by boarder. Deductions from advance. No detention of clothing. Appeal of boarder against account. Shipment of men from boarding-house. Weekly charge for board and lodging. Interpretation. [Table L contd.] Flying of Quarantine Flag on arrival; examination by Health Officer. Proceeding to Quarantine Anchorage. Quarantine Anchorage. Obligation to give information about vessel, etc. [Table L contd.] Examination of persons on board vessel on arrival, and proceedings there-after; infected vessel. Suspected vessel. Healthy vessel. [Table L, contd..] Ordering of vessel to quarantine Anchorage. Disposal of body of person dying from infectious or contagious disease. No communication from outside with infected or suspected vessel. No communication with shore, etc., by infected or suspected vessel. [Table L contd.] Police to prevent communication. Exemption of postal matter. Vessel with filthy passengers, etc., to go to quarantine Anchorage. Costs and expenses of medical attendance of person removed to hospital, etc. Liability of all persons concerned for breach of regulations. Exemption of ships of war. Exemption subject to certain conditions of vessel with surgeon on board. [Table L contd.] Appendix. Forms Nos. 1 and 2. Government observation Station. [Table L contd.] [Table L contd.] Definition of fairways. Southern and Central Fairways. Limits of Southern Fairway: of Central Fairway. Pennant to be flown in fairways. Observance of Collision Regulations, etc. Moderate speed within the harbour limits. Timber rafts, etc. Limits of Man-of-War Anchorage on northside of Victoria. [Table M contd.] Limits of Man-of-War Anchorage at Kowloon. Only His Majesty's ships to anchor. Junks and other native craft may use. Control of danger area. Limits of Foreign Man-of-War Anchorage in Kowloon Bay. All vessels to be moored. No examination, etc., of shores or waters of the Colony. [Table M contd.] Landing of foreign soldiers within harbour limits. Landing outside barbour limits. Limits of Quarantine Anchorage. Limits of Dangerous Goods Anchorage. Northern Anchorage. Southern Anchorage. Eastern Anchorage. [Table M contd.] Western Anchorage. Position of Telegraph Cable Ground between the north point of Hongkong and the south-east point of Kowloon; and between Taikoktsui and the eastern shore of Stonecutters Island. Anchoring forbidden. Fishing for bidden. Use of steam-whistle. Penalty. [Table M contd.] searchlights. Restriction on beating of drums or gongs and on discharge of fireworks. Restriction on naked and portable lights. Specification of wharves. Areas within which discharge of firearms prohibited. Proviso as to mail steamers. Rental. Maintenance. Inspection. Use by others than owner. Liability to dues. Time of payment. River steamers. Places of officers and men when explosives received or discharged. Prohibition of smoking, etc. Discharge of cargo. Attendance of owner or consignee at receipt or discharge of explosives. Restriction on opening of packages, Mode of keeping gun-power for private use. Protection of waterborne explosives. Gunpowder loose and in tins. Safety cartridges, detonators, etc. Weight of packages. Government not responsible for damage. Other explosives. Weight of packages. Government not responsible for damage. [s. 39 (1)(12).] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table t contd.] Obligation to obtain licence. Licence book. Showing of licence to certain officers. [Table U contd.] Power to stop and search. Prosecution for breach of regulations. Penalty. Issue of licences by the Harbour Master. Provisions as to safe keeping of licence books. Suspension or cancellation of licences by the Harbour Master. Partiulars and duration of licence. Painting of number of licence. Painting of number by authorised persons. Not to ply near ship of war. Not to use drags etc. [Table U contd.] Yulo to be rigged in. Licensed vessel must be properly equipped and seaworthy. Compliance with provisions as to entry and clearance. Coasting trade by junks. Exhibition of lights. Survey of boilers of vessel propelled by steam. Cancellation of licence of vessel propelled by steam. Passenger and crew allowance. [Table U contd.] Number of passengers. Regulation of movements. Boat to be in a state fit for public use. Exhibition of light. Obligation as to fare and passengers. Boats to surrender boats. Crew for Class A. Limits of anchorage. Table of fares. [Table U contd.] Exhibition of scale of fares. Licence fees. Steamships not to be approached. Prohibition of false bottom. Obligation to let boar. Restriction on conveyance of passengers. [Table U contd] Maximum scale of hire. Licence fees. Licence fees. [Table U contd.] Exhibition of light. Number of persons to be carried. Safety. Ships not to be approached. Licence fees. Interpretation. [Table V contd.] Licence fees. Licences not transferable. No new stake-net to be erected without permission. Restriction as to new stake-net. Exhibition of light. Licence number to be shewn on a board. Removal of stakes. Fishing with explosive prohibited. Licence fees. Licences. Colonial Secretary to grant licence. [Table V contd.] Licence fees. Cancellation of licence. Definition of bright light Use of bright lights for fishing. [Table V contd.] Ports of the Colony. Use. Obstruction. Typhoon warning. Use of recognised landing places. Penalty. Use. Obstruction. Fairway. Reserve for Government craft. Launches to reduce speed. Penalty.
Abstract
[originally No. 36 of 1899. No. 25 of 1913. No. 13 of 1917. No. 11 of 1922. No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. [s. 2 contd.] 57 & 58 Vict, c. 60. Certificate or licence required by ship in waters of the Colony. Proof of register, etc. Consent to prosecution. Master, mate, and engineer to possess certificates. [cf. Orders in Council, 9th May, 1891, 22 nd October 1906.] Certificated officers of British ship, and foreign ship holding passenger certificate. [s. 4 contd.] British river steamers not exceeding 300 tons. Trawlers. British river steamers not exceeding 60 tons. Schedule. Table E. ship leaving without certificated officers or clearance. Penalty on employment of uncertificated person. [s. 4 contd.] Examination for certificates. Rules for examinations. Applicant for certificate to give notice to Harbour Master. Appointment of board of examiners. Harbour Master to summon board and notify applicant. Fees to be paid by applicant. Fees to members of board. [s. 4 contd.] Certificate to be given to successful candidate. Certificate to be subject to regulations. [cf. Orders in Council, 9th May, 1891, and 22nd October 1906.] Copy of certificate to be granted in case of loss. 57 7 58 Vict, c. 60, s. 101. Production of certificates. 57 & 58 Vict, c. 60, s. 103. Forgery of certificate. 57 & 58 Vict, c. 60, s. 104. Mercantile Marine Office. Shipping of seamen. Agreement be made for seamen. 57 & 58 Vict, c. 60, s. 113. Penalty for shipping without agreement. 57 & 58 Vict, c. 60, s. 113. Fees payable on engagement and discharge. Schedule. Table 1. [s. 5 contd.] Payment and deduction of fees. Schedule. Table 1. No seaman to be discharged without sanction and due provision for maintenance. Penalty on seaman for wrongfully remaining behind. Place of discharge. Master to give to seaman discharged in the Colony certificate of discharge, and account of wages. Penalty for forcing or leaving seaman on shore. Limited exemption of seaman shipped under the Ordinance from liability to arrest on civil process. Establishment and regulation of boarding-houses. [cf. No. 23 of 1917, s. 2.] [s. 6 contd.] Schedule. Table K. Penalty for keeping unlicensed boarding-house. Duties of boarding-house keeper. Certificate officer may lodge elsewhere. Relief of seamen belonging to vessel registered in the Colony. Payment of expenses incurred in the Colony for relief of such seamen. Repayment of expenses incurred else-where than in the Colony. Ship to carry medicines, medical stores, etc., in accordance with scale issued by Boards of Trade. Owner, etc., neglecting to provide medicines and medical stores to be guilty of misdemeanor. Inspection of medical stores. 57 & 58 Vict, c. 60, s. 202. Master of ship before shipping seaman may require him to undergo medical inspection. [s. 8 contd.] Keeper of licensed boarding-house to report state of boarders' health. Penalties for seamen. Death or desertion to be reported. Penalty on master for filthy condition of ship. Seaman or apprentice deserting may be apprehended and put on board vessel to which he belongs, etc. [s. 9 contd.] 57 & 58 Vict, c. 60, s. 238. Ship or house may be searched for deserter. Penalty on person harbouring deserter. [s. 9 contd.] Harbour Master may require master to search for suspected deserters, and to make declaration of search. Offences against discipline. 57 & 58 Vict, c. 60 , s. 221. [s. 9(5) contd.] 57 & 58 Vict, c. 60, s. 225. Payment of expenses. Interpretation. Passenger ship to be surveyed once a year. 57 & 58 Vict, c. 60, s. 271(1)(a). [s. 10 contd.] Passenger ship not to clear without certificates of survey. 57 & 58 Vict, c. 60, s. 271(1)(b), (2). Appointment and remuneration of surveyors. Surveyor to have power to inspect ship, etc. [s. 10 contd.] Governor in Council to regulate mode of survey. Schedule. Table C. Penalty for wrongfully receiving or offering fees. Owner to have survey made by surveyor, and surveyor to give certain declarations as to hull and equipments. [s. 10 contd.] 18 & 19 Vict, c. 104. Ordinance No. 30 of 1915. Schedule. Table D. Transmission of declarations to Colonial Secretary. [s. 10 contd.] Issue of certificate. Transmission of certificate to Harbour Master. Appeal to Court of Survey. 18 & 19 Vict, c. 104. Ordinance. No. 30 of 1915. Schedule. Table II. [cf. S, 20(2).] [s. 10 contd.] Report of Court of Survey. Costs. No appeal in certain case. Objections to constitution of Court. Schedule. Table II. Fees to be paid for certificate. Schedule. Table C. Duration of certificate. [s. 10 contd.] Governor may cancel certificate and require fresh declarations. Certificate to be placed in conspicuous part of ship. Surveyors to make returns of build and other particulars of ship, and owner, etc., to give information. Report to Harbour Master of accident to passenger ship. 57 & 58 Vict, c. 60, s. 425. Further penalties for non-compliance with provisions relating to passenger surveys and certificates. Penalties for carrying passengers in excess of complement. Equipment of passenger ship. Safety valve. [s. 11 contd.] Adjustment of compasses. Fire hose. Signals. Shelter for deck passengers. 18 & 19 Vict, c. 104. Ordinance No. 30 of 1915. Schedule. Table D. penalty for inadequate equipment. In case of non-compliance Harbour Master to refuse clearance. Schedule, Table D. Penalty for improper weight on safety valve. Harbour Master may refuse clearance to ship carrying more passengers than allowed by certificate. Penalty for taking more passengers than allowed by clearance. Penalty on owner, etc., in like case. Production of passenger certificate. Deck passengers. Power to make regulations. Schedule. table A. [s. 13 contd.] Classes of ships. Boats, etc. Life-saving apparatus. Duties of owner and master. Schedule. Table A. Penalty for neglect. 57 & 58 Vict, c. 60, s. 430. [s. 13 contd.] Inspection by surveyor. Notice of deficiency. Harbour Master not to clear ship not complying with above provisions. Entry in log-book of boat drill and inspection of life-saving appliances. Production of record. Penalty. 6 Edw. 7, c. 48, s. 4. [cf. 57 & 58 Vict, c. 60, Part V.] Marking of deck-lines. 57 & 58 Vict, c. 60, s. 437. Marking of load-line. 57 & 58 Vict, c. 60, s. 438. [s. 14 contd.] Penalty for neglecting to mark lines, etc. Penalty for inaccurate marks. Submerged load-line. 57 & 58 Vict, c. 60, s. 439. [cf, s. 17(5).] Delivery of written statement to Harbour Master. Government Marine Surveyor to approve and certify on behalf of Governor. Schedule. Table C. Ship to be kept marked. [cf. 57 & 58 Vict, c. 60, s. 734.] Restrictions on carriage of dangerous goods. Ordinance No. 1 of 1873. Penalty for misdescription of dangerous goods. Power to refuse to carry suspected goods. [s. 15 contd.] Ship carrying dangerous goods and more than 20 passengers. Power to throw overboard dangerous goods. Forfeiture of dangerous goods improperly sent or carried. Court may proceed in absence of owner of goods. Saving of enactments relating to dangerous goods. Interpretation and provisions as to grain cargoes. Sending unseaworthy British ship to sea a misdemeanor. [s. 17 contd.] Master knowingly taking unseaworthy British ship to sea. Consent of Governor to prosecution. Misdemeanor not punishable on summary conviction. Power to detain unsafe ship, and proceedure for such detention. [cf, s. 14(5).] [s. 17 contd.] [cf, s. 20(2).] [cf, s. 20(2).] Liability of Government and of shipowner for costs and damages. [s. 17 contd.] Ordinance No. 3 of 1901, ss. 478 to 482. Power to require security for costs from complainant. Supplementary provisions as to detention of ships. [cf. 57 & 58 Vict, c. 60, s. 730.] Application to foreign ships of provisions as to detention. Exceptions. Governor may appoint Marine Court. [s. 19 contd.] 57 & 58 Vict, c. 60, s. 478. Constitution of court. Unofficial members of court to be remunerated. Enumeration of casualties. 57 & 58 Vict, c. 60, s. 464. [s. 19 contd.] Cases for inquiry, and jurisdiction of court. 57 & 58 Vict, c. 60, s. 478. [cf. 57 & 58 Vict, c. 60, s. 729.] Inquiry not to be held if matter has already been subject of investigation: or if inquiry has been. [s. 19 contd.] commenced in the United Kingdom. Grounds for cancelling or suspending certificate. 57 & 58 Vict, c. 60, s. 470. [cf. 57 & 58 Vict, c. 60, s. 470.] Report to Board of Trade. Copy of report to be furnished. Board of Trade may order re-hearing. [s. 19 contd.] Person who applies for court to assit it. 57 & 58 Vict, c. 60, s. 466. Further powers of court. Ordinance No. 3 of 1890. Members to sign report. Delivery up of certificate. Re-hearing. Regulations as to procedure, fees, etc. Schedule. Table G. Opportunity for defence. Constitution, powers, and procedure of Court of Survey. Regulations as to procedure, fees, etc. Schedule. Table II. Power to order payment of costs of investigation. Ordinance No. 3 of 1890. Saving of Admiralty Jurisdiction. Declaration of ports, and prohibition of ship or junk anchoring elsewhere. Merchant vessel arriving to hoist colours and house flag or number. [s. 22 contd.] Harbour Master and Health Officer to be allowed on board at once. Schedule. Table K(A). [cf. No. 6 of 1900, s. 25.] Ship to be moored where ordered, and not removed without permission. Ship to be entered within 24 hours. Directions of Harbour. Master to be followed. Bleu Peter to be hoisted and port clearance to be obtained before departure. Quarantine regulations. Schedule. Table I. Penalty for breach; and powers of police. Recovery of costs and expenses. Fairway to be kept clear. Lights on junks. Ship to exhibit light at night. Precaution in case of fire or disturbance. Governor in Council may make regulations. Schedule. Tables M and X. Damaging furniture of vessel. [s. 26 contd.] Throwing into water goods unlawfully obtained. Obstruction of harbour by rubbish, etc. Boarding ship without permission. Making fast to ship under way. Receiving or landing passengers unlawfully. Schedule. Table N. Refusing to pay fare. Obstruction of wharf, improper mooring, etc. Schedule. Table N. Firearms not to be used except in certain cases. Schedule. Table O. Harbour Master may remove obstruction, etc. Government moorings. Private moorings. Mooring of hulk, etc. Use of moorings. Regulations. Schedule. Table O (A). Regulations for fishing stations, stakes, and nets. Schedule. Table V. Power to order removal of stakes. Fees payable. Schedule. Table V. Regulations for fishing generally. Schedule. Table V. Penalty. Boarding of vessels for police purposes. Arrest on board of offender. Authority to stop vessel. Interpretation. Power to erect light-houses, etc.; to raise necessary funds by public loan; and to advance funds out of Treasury. Owner, etc., of ship to pay dues. Schedule. Table P. Power to Governor in Council to regulate dues. Posting of tables and regulations. Ship not to be cleared without production of receipt for dues. Power of distress for dues. Ship's burden to be ascertained by measurement in certain cases. Penalty on master for departing without paying dues, etc. Penalty for injuring lighthouse, etc. Schedule. Table M (V). Application of ss. 31-33 to Gap Rock lighthouse. Harbour Master may prohibit false light. Harbour Master may abate false light. Vessels and buildings for storage of explosives. Government Gunpowder Depot. Vessel not to anchor within 500 yards of Depot. Harbour Master to be furnished with particulars of explosives arriving in the Colony. Master to take vessel to special place. Red flag to be exhibited. [s. 36 contd.] Vessel not to anchor within 500 yards of any other vessel. Mode of proceeding when explosives ate to be exported. No gum-powder to be shipped, etc., at night. Limit of storage without written permission. [cf. Table Q, Reg. 7.] Search warrant. Regulations for carrying out provisions of s. 36. Schedule. Tables Q & R. [s. 36 contd.] payment and recovery of sums for storage. Penalty. Saving of Ordinance No. 1 of 1873. Exception of ships of war and Government stores. Gunpowder anchorage. Interpretation. Regulations. Schedule. Table E. [s. 37 contd.] Offences and penalty. Launch or motor boat carrying an excessive number of persons. Safety valve of licensed launch. Safety valve of unlicensed launch. [s. 37 contd.] Unseaworthiness. Inspection. Cancellation or suspension of licence by Harbour Master. Cancellation or suspension of licence by Governor in Council. Cancellation or suspension of local certificate of competency by Harbour Master. Cancellation or suspension of local certificate of competency by Governor in Council. Delivery up of licence or certificate upon cancellation or suspension. Disobedience of order of Harbour Master. Exemption. Collision regulations. 57 & 58 Vict, c. 60, s. 418. Special licence to river steamer. Schedule. Table F. Duration of licence. Penalty for exceeding number of passengers allowed by licence. Classification of junks. [s. 39 contd.] Schedule. Tables T & U. Definition of master. Harbour Master's stations. Anchorages for junks. Schedule. Table S. Penalty for failure to take out licence. Licences only in one class. Trading junk licences. [s. 39 contd.] Fishing junk licence. Licences for lighters, cargo boats, hulks and small boats. Regulations for licensing of junks, etc. [s. 39 contd.] Schedule. Tables U. Penalty where overcrowding results in drowning of passengers. Report of arrival and particulars to be furnished. Flag to be hoisted before departure; clearance. [s. 39 contd.] Special permits. Schedule. Table T. Vessels not to leave without clearance or permit. No junk to leave at night. Penalty for unlawfully using licence, etc. [cf. Sub-s (24).] [s. 39 contd.] Licences to other vessels. Junks and other craft to be subject to orders of Harbour Master. Discipline of harbour. Penalty for disobeying Harbour Master's orders. Penalty for bringing mendicants, etc., into the Colony. Power to board any junk and demand inspection of documents. [s. 39 contd.] In case of non-payment of penalty by master, the same may be levied by sale of vessel. Transfer to purchaser upon sale of vessel. Trial of offences under this section. [cf. Sub-ss. (15) and (26).] Penalty for contravention of sub-ss. (10) or (11). Penalty for contravention of sub-ss (13) or (14). [cf. Sub-s (24).] Junk not carrying lights to be deemed in fault for collision. Application of certain parts of Merchant Shipping Acts. [s. 41 contd.] [cf. 57 & 58 Vict, c. 60, s. 264.] Trial in the Colony of misdemeanors and offences under Merchant Shipping Acts and Ordinance. Ordinance No. 3 of 1890. Ordinance No. 3 of 1890. Trial of offences and recovery of penalties, expenses, etc., under the Ordinance. Ordinance No. 3 of 1890. [s. 41 contd.] Penalty for offences not specially provided for. Service of documents. Obstructing service. Power to detain ship in certain cases. 57 & 58 Vict, c. 60, s. 692(3). Penalty for taking detained ship to sea. Penalty for taking to sea officer authorised to detain ship, etc. Rule as to proof of exception, etc. Use of official log and articles of agreement as evidence. Regulations. Schedule. Table Y. Power to impose penalties. Payment of remuneration to certain persons. Costs and compensation. Fees. [cf. Tables B, C, E, H, I, J, P, R, T, U and V.] Abstract of portions of Ordinance to be given to master on arrival. Exemptions. Application of Ordinance to ships propelled by electricity, etc. Arrangement of ships into classes. Boats to be carried under davits. Scale. [Table A contd.] [Table A contd.] Description of half of boats; and of remainder. Additional boats or life-rafts. Additional boats, etc., in case of ship with water-tight compartments. Life-buoys and life-belts to be carried. Boats to be carried under davits. [Table A contd.] Life-belts to be carried. Life-buoys. Boats to be carried under davits. Additional boats or life-rafts. Buoyant deck fittings in lieu of additional boats or life-rafts. Life-buoys to be carried. Construction of boats. [Table A contd.] Mode of ascertaining cubic capacity of boat. Mode of ascertaining number of persons to be carried by boat. Description of appliances for getting boats into water. Equipment for boats and life-rafts. [Table A contd.] Additional equipment for boats of sections A and B. Number of persons to be carried by life-rafts. Buoyant apparatus. Life-belts. Life-buoys. Position of life-belts and life-buoys. Surveys of steamships for passenger certificates. [Table C contd.] Surveys of ships under Chinese Passengers Act or Asiatic Emigration Ordinance. Measurement of tonnage. [Table C contd.] Inspection of berthing or sleeping accommodation of crew. Inspection of lights and fog-signals. Inspection of marking of vessels. Inspection of tracings. Survey for change of name. Recording change of name, etc. survey for re-registry, etc. Survey before transfer to foreign flag. Minor inspections. Remearsurement of passenger accommodation. Survey of ship's bottom. Survey or boilers. Certifying load-line. Overtime service. Space between decks. Space for exercise. [Table D contd.] Limits for carrying upper deck passengers. Deck-house to be provided between June 1 and October 14; exception. Restriction as to decks. Definition of superficial area. Conditions for carrying cargo, etc., on upper or passenger decks. Restriction as to tiers of berths. Light and air. First and Second Class Saloons. Launches and motor boats to be licensed. [Table E contd..] Survey. Particulars in certificate of survey. [Table E contd.] Fee for certificate. Issue of licence for vessels. Appendix B. Form of licence. Appendix A. Licence to be kept on board. Every vessel to have certificate master and engineer. Improper use of licence, etc. Painting of name, etc., on vessel. Vessel to be clean and in good repair. [Table E contd.] Fee for licences. Scale of hire. Deduction from number of passengers. Dangerous goods not to be carried with passengers. Ordinance No. 1 of 1873. Harbour Master may issue certificates of competency; fee for examination; photographs. [Table E contd.] Examination for engineers of motor boats. Renewal of photograph. Re-examination before engagement. Report of arrival. Notice of departure. Night clearance. Pleasure trips. Special permit. Untrue Particulars. [Table E contd.] Periodical survey. Use of unsurveyed launch or motor boat. Reporting of name of master etc, engaged; or discharges. Production of certificate on engagement. Reporting of discharge by master. Record of engagements and discharges. Certificates of competency to be on board the vessel. Harbour Master may permit engineer with master's certificate to be in charge of boat. [Table E contd.] Exemption of motor boats used solely for pleasure. Gambling prohibited. Master not to permit gambling. Master's responsibilities. Anchorage at Repulse Bay. Or, within the harbour limits (as the case may be.) or, within the harbour limits (as the case may be), [Table E contd.] [Table E contd.] For vessels licensed to ply outside the harbour limits. Passengers on lower deck; on upper deck and cabins. Proviso as to number of passengers. Supply of life-boats, etc. Restriction as to decks. Deductions from number of passengers. Forms. Appendix. Notice of investigation. Appendix. Form No. 1. Summons to witness. Appendix. Form No. 2. Absence of person served. Right to appear. Proceedings at investigation into casualty. Proceedings at inquiry into charge of misconduct or incompetency. Restriction on power of cancelling certificate. Adjournment. Judgment. [Table G. contd.] Filing of notice of appeal. Appendix. Form No. 1. Proceedings for constituting court. Summoning of court. Appendix Form No. 2. Notice to complainant of hearing . Forwarding copy of report. Time for hearing. Parties to proceedings. Partices by permission. Proceedings on behalf of Governor; by complainant. Witnesses in reply. [Table H contd.] Addresses of parties. Adjournment. Delivery of decision. Release or detention of vessel. Appendix Form No. 3. Report to Governor. Appendix. Form No. 4 Fees. [Table H contd.] Affixing of signboard over door. Construction of house. Kitchen accommodation. Accommodation for boarders. Room for chests, etc., of boarders. [Table K contd.] Washing rooms, etc. Removal of filth. No communication with adjoining housed. Conditioners of receiving seaman as boarder. Keeping of books and accounts. Furnishing of accounts to boarder. Exclusion of prostitutes. Closing. Prohibition of gambling and prevention of disorder. Illness of boarder. [Table K contd.] Furnishing of weekly list of seamen boarders. Restriction on discharge of boarder. Inspection of boarding-house. Posting up of regulations. Penalty for infraction of regulations. Fees payable by boarder. Deductions from advance. No detention of clothing. Appeal of boarder against account. Shipment of men from boarding-house. Weekly charge for board and lodging. Interpretation. [Table L contd.] Flying of Quarantine Flag on arrival; examination by Health Officer. Proceeding to Quarantine Anchorage. Quarantine Anchorage. Obligation to give information about vessel, etc. [Table L contd.] Examination of persons on board vessel on arrival, and proceedings there-after; infected vessel. Suspected vessel. Healthy vessel. [Table L, contd..] Ordering of vessel to quarantine Anchorage. Disposal of body of person dying from infectious or contagious disease. No communication from outside with infected or suspected vessel. No communication with shore, etc., by infected or suspected vessel. [Table L contd.] Police to prevent communication. Exemption of postal matter. Vessel with filthy passengers, etc., to go to quarantine Anchorage. Costs and expenses of medical attendance of person removed to hospital, etc. Liability of all persons concerned for breach of regulations. Exemption of ships of war. Exemption subject to certain conditions of vessel with surgeon on board. [Table L contd.] Appendix. Forms Nos. 1 and 2. Government observation Station. [Table L contd.] [Table L contd.] Definition of fairways. Southern and Central Fairways. Limits of Southern Fairway: of Central Fairway. Pennant to be flown in fairways. Observance of Collision Regulations, etc. Moderate speed within the harbour limits. Timber rafts, etc. Limits of Man-of-War Anchorage on northside of Victoria. [Table M contd.] Limits of Man-of-War Anchorage at Kowloon. Only His Majesty's ships to anchor. Junks and other native craft may use. Control of danger area. Limits of Foreign Man-of-War Anchorage in Kowloon Bay. All vessels to be moored. No examination, etc., of shores or waters of the Colony. [Table M contd.] Landing of foreign soldiers within harbour limits. Landing outside barbour limits. Limits of Quarantine Anchorage. Limits of Dangerous Goods Anchorage. Northern Anchorage. Southern Anchorage. Eastern Anchorage. [Table M contd.] Western Anchorage. Position of Telegraph Cable Ground between the north point of Hongkong and the south-east point of Kowloon; and between Taikoktsui and the eastern shore of Stonecutters Island. Anchoring forbidden. Fishing for bidden. Use of steam-whistle. Penalty. [Table M contd.] searchlights. Restriction on beating of drums or gongs and on discharge of fireworks. Restriction on naked and portable lights. Specification of wharves. Areas within which discharge of firearms prohibited. Proviso as to mail steamers. Rental. Maintenance. Inspection. Use by others than owner. Liability to dues. Time of payment. River steamers. Places of officers and men when explosives received or discharged. Prohibition of smoking, etc. Discharge of cargo. Attendance of owner or consignee at receipt or discharge of explosives. Restriction on opening of packages, Mode of keeping gun-power for private use. Protection of waterborne explosives. Gunpowder loose and in tins. Safety cartridges, detonators, etc. Weight of packages. Government not responsible for damage. Other explosives. Weight of packages. Government not responsible for damage. [s. 39 (1)(12).] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table T contd.] [Table t contd.] Obligation to obtain licence. Licence book. Showing of licence to certain officers. [Table U contd.] Power to stop and search. Prosecution for breach of regulations. Penalty. Issue of licences by the Harbour Master. Provisions as to safe keeping of licence books. Suspension or cancellation of licences by the Harbour Master. Partiulars and duration of licence. Painting of number of licence. Painting of number by authorised persons. Not to ply near ship of war. Not to use drags etc. [Table U contd.] Yulo to be rigged in. Licensed vessel must be properly equipped and seaworthy. Compliance with provisions as to entry and clearance. Coasting trade by junks. Exhibition of lights. Survey of boilers of vessel propelled by steam. Cancellation of licence of vessel propelled by steam. Passenger and crew allowance. [Table U contd.] Number of passengers. Regulation of movements. Boat to be in a state fit for public use. Exhibition of light. Obligation as to fare and passengers. Boats to surrender boats. Crew for Class A. Limits of anchorage. Table of fares. [Table U contd.] Exhibition of scale of fares. Licence fees. Steamships not to be approached. Prohibition of false bottom. Obligation to let boar. Restriction on conveyance of passengers. [Table U contd] Maximum scale of hire. Licence fees. Licence fees. [Table U contd.] Exhibition of light. Number of persons to be carried. Safety. Ships not to be approached. Licence fees. Interpretation. [Table V contd.] Licence fees. Licences not transferable. No new stake-net to be erected without permission. Restriction as to new stake-net. Exhibition of light. Licence number to be shewn on a board. Removal of stakes. Fishing with explosive prohibited. Licence fees. Licences. Colonial Secretary to grant licence. [Table V contd.] Licence fees. Cancellation of licence. Definition of bright light Use of bright lights for fishing. [Table V contd.] Ports of the Colony. Use. Obstruction. Typhoon warning. Use of recognised landing places. Penalty. Use. Obstruction. Fairway. Reserve for Government craft. Launches to reduce speed. Penalty.
Identifier
https://oelawhk.lib.hku.hk/items/show/1183
Edition
1923
Volume
v2
Subsequent Cap No.
281
Cap / Ordinance No.
No. 10 of 1899
Number of Pages
143
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MERCHANT SHIPPING ORDINANCE, 1899,” Historical Laws of Hong Kong Online, accessed January 24, 2025, https://oelawhk.lib.hku.hk/items/show/1183.