MARINE STORES PROTECTION ORDINANCE, 1919

MARINE STORES PROTECTION ORDINANCE, 1919

No. 13 of 1919.

An Ordinance for the more effectual protection of Marine
stores.
[18th July, 1919.]

1. This Ordinance may be cited as the Marine Stores
Protection Ordinance, 1919.

2. In this Ordinance,
(a) Dealer in marine stores means any person who
keeps a shop for dealing in, buy] ng, or selling marine stores,
whether solely or together with other articles.

(b), Marine stores includes coal, anchors, cables, sails,
old junk, old iron, old metal, scrap metal, broken metal or
partly manufactured metal goods,' or defaced or old metal
goods: or any single one of such articles or any marine
stores or marine store of any description, but does not
include provisions of any kind.

(c) Marine stores collector means any person who
makes use of any wharf or launch or any junk, lighter,
cargo boat, or sampan, or open boat of any description,
whether belonging to him or not, in connexion with buying
any marine stores, either for his own use or benefit or for
the use or benefit of another person.

3. No person shall carry on the trade or business of a
dealer in marine stores, or shall be a marine stores collector,
unless he is the holder of a licence for that purpose, and no

As amended by Law Rev. Ord., 1924,





licence shall granted to a marine stores collector except
through and on the application of a dealer in marine stores
who shall give security in such sum as may be fixed by the
Governor in Council by regulation for every marine stores
collector to whom a licence is granted on his application
for the performance and observance by such collector of the
conditions of such licence and of the regulations affecting
the same, and of the provisions of this Ordinance.

4. Every such licence shall be granted by and held at
the discretion of the Captain Superintendent of Police, who
shall have power to cancel the same for a breach of this
Ordinance or of apy regulation made thereunder, on such
conditions as to fees and subject to such regulations as may
be made by the Governor in Council.

5. Every dealer in marine stores shall keep books fairly
written, and shall enter therein an account of all such
marine stores as he may from time to time become possessed
of, stating in respect of every article the time at which and
the person from whom. he purchased or received the same,
adding, in the case of every such last-mentioned person, a
description of his business and place of abode.

6.---(1) Every person to whom a licence is granted under
section 4 shall, whenever thereunto required by any Super-
intendent or inspector of police, or by any constable
bearing a written order in that behalf -under the hand of
a Superintendent, produce for the inspection of the party so
requiring him all or any marine stores in his possession or
subject to his control and all books and papers relating to
the same.

(2) No dealer shall have in his possession any marine
stores except at such premises as are registered by him
with the Captain Superintendent of Police as places for
storing his (the dealer's) marine stores.

7. No dealer in marine stores and no marine stores
collector. shall deal in or buy or sell any provisions of any
kind, in the course of his business.

8. No marine stores collector shall buy any marine stores
except marine stores of the same kind or kinds as the dealer
who applied for such collector's licence deals in.





9. No marine stores collector shall sell any marine stores
of any kind.

10.-(1) Every person conveying or having in his posses-
sion or keeping any manner of marine stores who does not
give an account to the satisfaction of the magistrate as to
how he came by the same shall upon summary conviction be
liable to a fine not exceeding two hundred and fifty dollars
or to intprisonment for any term not exceeding three months.

(2) For the purposes of this section, marine stores shall be
deemed to be in the possession or keeping of any person if
he knowingly has them in the actual possession of himself or
of any other person on any wharf or in any launch or in any
junk, lighter, cargo boat, or sampan, or open boat of any
description, or in any street, house, building, lodging, apart-
ment, field, or place, open or inclosed, ivhether occupied by
himself or not and whether the said stores are so possessed
or kept either for his own use or benefit or for the use or
benefit of another person.

11. It shall not be lawful for any person, without permis-
sion in writing from the Harbour Master, to dredge in the
waters of the Colony between a line drawn from the western-
most point of the Island of Hongkong to the western side of
Green Island and continued to the western point of Stone-
cutters Island and from thence to the Naval Torpedo Range
at Laichikok, on the west, and the Lye mun Pass, on the east.

12. Every person who acts in contravention of any of the
provisions contained in sections 3, 5, 6, 7, 8, 9, or 11, or of
any regulation made under section 4, shall upon summary
conviction be liable to a fine not exceeding two hundred and
fifty dollars or to imprisonment for any term not exceeding

three months.

13.-(1) The marks described in the Schedule may be
applied in or on stores therein described to denote His
Majesty's property in stores so marked.

(2) Every person who without lawful authority applies any
of the said marks in or on any such stores as are described
in the said Schedule shall be guilty of a misdemeanor, and
shall be liable to imprisonment for any term not exceeding
two years.
As amended by Law Rev. Ord., 1924.





14. Every person who, with intent to conceal His Majesty's
property in any stores, takes out, destroys, or obliterates
wholly or in part, any such mark as aforesaid shall be guilty
of a felony, and shall be liable to imprisonment for any term
not exceeding four years.

15. Any person to whom any marine stores are offered to

be sold, pawned, or delivered, if he has reasonable causeto
suspect that any offence under this Ordinance has been
committed on or with respect to such property, is hereby
authorised, and, if in his power, is required to apprehend and
forthwith to take before a magistrate the person offering the
same, together with such property, to be dealt with according
to law.

16. Any European police officer or constable may stop,
search, and detain any launch, junk, lighter, cargo boat, or
sampan, or open boat of any description in or on which there
is reason to suspect that any marine stores stolen or unlaw-
fully obtained may be found, or aDy person reasonably
suspected of having or conveying in, any manner any marine
stores stolen or unlawfully obtained.

17. Nothing in this Ordinance shall prevent any person
from being liable to prosecution under any other Ordinance
which is applicable: Provided that no person shall be
punished twice for the same offence.
[s. 18, rep Law Revision Ordinance, 1924.]

SCHEDULE. [s. 13.]

marks appropriated for his Majesty's use in or on
naval and victualling stores.

[Originally No. 13 of 1919. Law. Rev. Ord., 1924.] Short title. Interpretation. Licence for dealing in or collecting marine stores. Conditions of licence. Keeping of books by dealer. Power to inspect goods, books, etc. Prohibition of trafficking in provisions by dealer or collector. Restriction on buying of marine stores by collector. Prohibition of sale of marine stores by collector. Penalty on person found in possession of marine stores, and not accounting for them. Unauthorised person not to sweep or dredge within certain limits. Penalties. Appropriation of marks for his majesty's stores. Schedule. Penalty for unlawful application of same. Penalty for obliterating marks on His Majesty's stores. Power to apprehend suspected offenders. [cf. No. 1 of 1860, s. 18.] Power to stop and search boats, persons, etc. 38 & 39 Vict.c. 25, s. 6. [cf. No. 1 of 1860, s. 18.] Power to stop and search boats, persons, etc. 38 & 39 Vict.c. 25, s. 6. [cf. No. 1 of 1845, ss. 28, 39.] Saving for liability under other Ordinances.

[Originally No. 13 of 1919. Law. Rev. Ord., 1924.] Short title. Interpretation. Licence for dealing in or collecting marine stores. Conditions of licence. Keeping of books by dealer. Power to inspect goods, books, etc. Prohibition of trafficking in provisions by dealer or collector. Restriction on buying of marine stores by collector. Prohibition of sale of marine stores by collector. Penalty on person found in possession of marine stores, and not accounting for them. Unauthorised person not to sweep or dredge within certain limits. Penalties. Appropriation of marks for his majesty's stores. Schedule. Penalty for unlawful application of same. Penalty for obliterating marks on His Majesty's stores. Power to apprehend suspected offenders. [cf. No. 1 of 1860, s. 18.] Power to stop and search boats, persons, etc. 38 & 39 Vict.c. 25, s. 6. [cf. No. 1 of 1860, s. 18.] Power to stop and search boats, persons, etc. 38 & 39 Vict.c. 25, s. 6. [cf. No. 1 of 1845, ss. 28, 39.] Saving for liability under other Ordinances.

https://oelawhk.lib.hku.hk/items/show/1326

1923

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