PILOTS ORDINANCE, 1904

PILOTS ORDINANCE, 1904

No. 3 of 1904.

an ordinance to provide for and regulate the employment of pilots.
[29th April., 1004,]
1. This Ordinance may be cited as the Pilots Ordinance,
1904.

2. The Harbour Master may grant certificates of com-
petency to persons duly qualified to act as, and may license
under his hand, pilots who shall not exceed such number as
he may direct, for the purpose of conducting ships within
the waters of the Colony: Provided that---

As amonded by Law Rev. Ord., 1924.





(1) no person shall be granted a certificate of competency
or be licensed as a pilot unless he has satisfied a Board of
Examiners appointed by the Governor that he is capable of
performing such duties. Any application for a certificate
must be accompanied by a declaration to this effect;

(2) any person acting as a pilot upon any ship to which
he does not belong without being duly licensed, shall be
liable to a fine not exceeding one hundred dollars.

Nothing in this Ordinance shall be, hold to make the. em-
ployment of pilots by masters and owners of ships compulsory.

3. It shall be lawful for the Governor in Council to fix by
notification the rates of fees to lm paid by pilots for licences.

Such fee as. the governor in council may determine shall
be paid out of the public revenue to every member of the
Board of Examiners, not being a salaried officer of the
Government, for every examination conducted by him.

4. the harbour master may subject to the sanction of
the Governor, make regulations for the proper conduct of
pilots in all matters relating to their duties, including,
among other this relating to the distinguishing
marks and flags of pilot boats and the means of making
themselves known as licensed pilots to persons in charge of
ships entering or leaving the waters of the Colony; and
every person infringing any such regulation shall he liable
to have his licence suspended by the harbonr Master for a
period not exceeding three months, and, upon summary
conviction, to a fine not exceeding fifty dollars.


5.-(1) every licensed pilot when acting in that capacity
shall be provided with his licence and shall produce the
same to every person by whom he is employed or to whom
he offers his services as pilot.

(2) Every licensed pilot who refuses, on the request of
any such person, to exhibit his licence and a copy of pilotage
dues authorised under this Ordinance, shall upon summary
conviction be liable to a fine not exceeding fifty dollars and
shall further be liable to have his licence suspended or
cancelled by.the Harbour Master.

AS amended by Law Rev. Ord., 1924.





(3) Every unlicensed person who, for the purpose of
making himself appear to be a licensed pilot, uses a licence
which he is not entitled to use, shall upon summary con-
viction be liable to a fine not exceeding five hundred dollars
or to imprisonment for any term not exceeding six months.
(4) Every licensed pilot who,--
(a) when not engaged as pilot refuses, without reasonable
excuse to the satisfaction of a magistrate, to take charge of
a vessel entering or leaving a harbour: or ,
(b) when not engaged as a pilot refuses or neglects, with-
out reasonable excuse to the satisfaction of a magistrate, to
go and take charge of a vessel carrying the signal for a
pilot; or
(c) acts as a pilot when in a state of intoxication, Or is
guilty of any violent or disorderly, conduct whilst on duty; or

(d) refuses on the request of the master to condiict the
ship which he is piloting into any water in which he is
qualified to conduct the same, except on reasonable ground
of danger to the ship ; or
(e) quits the ship of which he has the charge without the

consent of the, master, before the service for which he was
hired has been performed,
shall, in addition to any liability for damages at the suit of
the person aggrieved, he liable upon sumniary conviction to
a fine not exceeding five hundred dollars, or to imprisonment
for any term not exceeding six months, and he shall also be
liable to have his licence cancelled or suspended by the
Harbonr Master.

6. Every licensed pilot who, when in charge of any ship,
by wilful breach of duty or by neglect of duty, or by reason
of drunkenness-
(1) does any act tending to the immediate loss, destruc-
tion, or serious damage of such ship, or tending immediately
to endanger the life or limb of any person on board such
ship ; or
(2) refuses or omits to do any lawful act proper and
requisite to be done by him for preserving such ship from
loss, destruction or serious damage, or for preserving any
person belonging to or on board of such ship from danger to
life or limb,
As amended by Law Rev. Ord., 1924.






shall be guilty of a misdemeanor and shall be liable to
imprisonment for any terin not exceeding one year, and to a
fine not exceeding five hundred dollars. and the Harbour
Master may further cancel or suspend his licence.

7. Such sums as may be directed by order of the Governor
in Council may be demanded by licensed pilots, and shall be
recoverable by them before a magistrate in a summary way,
by proceedings against the master or person in charge of the
ship, for the service to which the dues became payable, and
on adjudication the sum declared to be due shall be leviable
by distraint on the ship, and the tackle and furniture thereof :
Provided always that it shall be lawful for the Harbour
Master to withhold the port clearance of any ship as to which
a claim for pilotage dues may be made till such dues
are paid.

8. Every licensed pilot demanding higher rates of pilotage
than those authorised by this Ordinance, shall upon summary
conviction be liable to a fine not exceeding fifty dollars, and
shall also be liable to have his licence suspended or cancelled
by the Harbour Master.

9. Any magistrate shall have authority to hear and deter-
mine all claims brought against any ship carrying a pilot
for damage done by the ship to any beacon, buoy, harbour

mark, mooring, or other Government property. Such claims
shall be made by the Harbour Master by way of complaint
in writing setting out the damage and the claim in respect
thereof on which the magistrate may issue a summons requir-
ing the attendance of the persons complained against; and,

in default of appearance, or in the first instances, if it appears
to the magistrate necessary for any reason to secure the due
attendance ofthe persons complaiiied against, a warrant may
be issned to compel their appearance.

10. Nothing in this ordinance shall be held to excuse or
indemnify any licensed pilot for any damage arising from
his neglect or incapacity in performing the duties of his
office.
11. All summary proceedings under this Ordinance shall
be heard before a magistrate, who may, if lie thinks fit, call
upon the harbour Master or Assistant harbour Master to sit
with, him as assessor.

As amended by Law, Rev. Ord,, 1924.
12. In this Ordinance, ship inchides every Imid of
vessel of over one hundred tons register tonnage propelled
by sails, and steam-vessels of sixty tons and upwards. -

13. Nothing in this Ordinance shall be held to apply to
vessels of war or vessels belonging to the Colonial Govern-
ment.
[Originally No. 3 of 1904.] Law Rev. Ord.,1924.] Short title. Number of pilots. Examination and licensing of pilots. Penalty on unlicensed pilots. Pilotage not compulsory. Fee for examination. Regulations. Pilot to produce licence to his employer. Penalty for refusing to produce licence. Penalty for frandulent use of licence. Offences by licensed pilots. Offences by licensed pilots punishable by Supreme Court. Pilotage duse how recoverable. Pilots demanding higher dues. Claims for damages to Government property. Negligence or incapacity of pilots. Summary proceedings. Interpretaion of ship. Exemptions.

[Originally No. 3 of 1904.] Law Rev. Ord.,1924.] Short title. Number of pilots. Examination and licensing of pilots. Penalty on unlicensed pilots. Pilotage not compulsory. Fee for examination. Regulations. Pilot to produce licence to his employer. Penalty for refusing to produce licence. Penalty for frandulent use of licence. Offences by licensed pilots. Offences by licensed pilots punishable by Supreme Court. Pilotage duse how recoverable. Pilots demanding higher dues. Claims for damages to Government property. Negligence or incapacity of pilots. Summary proceedings. Interpretaion of ship. Exemptions.

https://oelawhk.lib.hku.hk/items/show/1218

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