MERCHANT SHIPPING ORDINANCE, 1899

MERCHANT SHIPPING ORDINANCE, 1899

No. 10 of 1899.

An Urdinance 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 ' includes any person deputed
or authorized by the Flarbour Master to execute any power
or perform any duty vested in or imposed upon hirn by this
Ordinance;
(aa)* ' Governor' includes, in relation to any purpose of

The operation of this Ordinance is not limited by the Boarding-house
Ozinance, 1917. See No. 23 of 1917, s. 8. In this Ordinance the
following amendments have not been incorporated, viz., those made
by the Merchant Shipping (No. 2) Amendment Ordinance, 1934,
(No. 25 of 1934), and the Merchant Shipping Amendment Ordinance,
1937, (No. 22 of 1937), which, if and when notice of non-disallow-
ance is received, will be brought into force by proclamation. The
text of each of these two amending Ordinances is printed in this
edition in its appropriate place among the Ordinances of the year in
which it was passed.
The Regulations formerly contained in the Schedule to this
Ordinance have been transferred to the corresponding volume of the
Regulations of Hong Kong.
As amended by No. 23 of 1932 [10.12.32] and No. 28 of 1935 [1.7.35.]
But see No. 22 of 1937 [Merchant Shipping Amendment]. s. 3 (not yet
in force on 1.1.1938).





this Ordinance, any person authorized by the Governor for that
purpose;

~ (b) ' International Collision Regulations ' means the
Regulations for Preventing Collisions at Sea made -under the
Me'rchant Shipping Acts;

(c) it junk ' includes lorcha and any sea-going sailing-
vessel of Chinese or other Asiatic. build, construction, and rig;

(d) ' Local trade limits ' means the waters surrounding the
Island of Hong Kong within the following boundaries:-

On the east-a north and south line drawn through the
Fo tau mun Pass (Fat T'au Mun);
1

On the west-a north and south line drawn through the
Kap shui mun Pass; and

On- the south-an east and west line drawn through the
centre of Lo Chau or Beaufort Island, and continued until it
meets the east and west boundahes;

(c) ' Lorcha ' includes any sea-going sailing-vessel of
European build and construction, but of Chinese or other
Asiatic rig, or of Chinese or other Asiatic build and construction,
but of European rig;

Magistrate ' includes a marine magistrate;

(g) Master ' includes every person (except a pilot) having
command or charge of any ship;

(h)* ' The Merchant Shipping Acts ' means the Merchant
Shipping Act, 1894, and all Acts amending the.same, and all
regulations made thereunder;

(i) 1' Motor boat ' means any vessel not exceeding sixty
tons propelled by any mechanical power however applied, except
steam', oars, or sails;
W 11 Passenger ' includes any person carried in a ship
other than the master and crew, and the owner, his family and
servants and persons on board the ship either in pursuance of
the obligation laid upon the master to carry shipwrecked, dis-
tressed or other persons or by reason of an' circumstance which
y

But see No. 25 of 1934 [Merchant Shipping (No- 2) Amendment], s. 2
(not yet in force on 1.1.19383.





neither the master nor the owner nor the charterer (if any) could
have.prevented or forestalled;

(k) ' Port of the Colony ' and ' port where by the
context a port out of the Colony is not indicated, mean such
place in the waters of the Colony as the Governor may declare
by notification to be a port;

(1) ' 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; -

(nt) ' Seaman ' includes eve*ry person (except masters,
pilots, and apprentices duly indentured and registered) employed
or engaged in any capacity board any ship;

(n) ' Ship ' includes any description of vessel used in
navigation not. propelled by oarsp except junks or lorchas not
propelled by steam;

(o) ' Steamer ' or ' steamship means any vessel pro-
pelled 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 boat on any other
description 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-

(a) a certificate of registry in conformity with the Merchant
Shipping Acts; or

(b) a certificate of foreign registry or other document similar
or equivalent to that required in the case of a British ship; or

(c) in the case of h steamship not exceeding sixty tons or
a motor boat, a licence under section 37.

As amended by No. 23 of 1932 [10.12.32] and Law Rev. Ord., 1937.





(2) Every register or ce rtificate, authorized or required by
this section, may he 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 thereof 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
such fee as the Governor in Council. shall prescribe; and every
document when so proved shall. be. received as primd facie
evidence of all matters therein recited, stated or appearing.

(3) 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 or competency
granted in the United Kingdom under the Merchant Shipping
.Acts, or a colonial certificate of competency declared by any
Order of His Majesty in Council to be of the same force as if
it had been granted under the said Acts.

(1A) Every officer on board a foreign passenger steamship
who has received a certificate of competency granted by a com-
petent authority of his country,. which the Governor is. satisfied
is of corresponding value to any certificate of competency
granted under this Ordinance, shall be deemed to be duly
certificated under this Ordinance in respect of such foreign steam-
ship, provided that his certificate is of a grade appropriate to his
station in the foreign steamship or of a higher grade.

(2) Every British ship, and every foreign ship holding a
passenger certificate under section io shall, when leaving any

For appointment of Harbour Master to be Registrar of British ships,
see G.N. No. 317 of 27.5.1927.

As alnended by No. 11 of 1931 [11.9.31], No. 28 of 1933 [22.12.33], No.
28 of 1935 [1.7.35] and Law Rev. Ord., 1937.





port of the Colony, be provided with officers who possess
certificates 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, or 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 horse-
power 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

(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 British 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 certificate of competency
from the Harbour Master:

Provided also that every steam trawler or other fishing
vessel propelled by mechanical power other than oars or sails
regularly engaged in trawling 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 whd possesses a river
trade certificate and an engineer who possesses a local certificate
of competency from the Harbour Alaster:

Provided further that it shall be lawful for the Governor in
Council. to grant special exemption, which may be subject to
any conditions he may impose, from all or any of the require.
ments of this sub-section in the case of any ship regularly plying
between' the Colony and Dosing, Swabue (Slianmi), Ping Hoi,
Ma Kung, Sha Yu Chung, Nam 0, Tip Fuk, 0 Tau or any.





other non-treaty port if the master and mate shall have passed
a special examination before- the Harbour Master and shall be
approved by him for service on such voyages.

(3) Every British river steamer not exceeding sixty tons
shall comply with the regulations contained in Table E in the
Regulations, 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.

(3A) Every steam or motor vessel which plies as a ferry
between two or more points within the Colony shall comply
with the regulations contained in Table E in the Regulations for
the time being in force and shall be provided with a waster who
possesses a local certificate of competency from the Harbour
Master and also with an engineer who possesses a like certificate.

(4) The master of every British ship and of every foreign
ship holding a passenger certificate under se ction io, leaving
or attempting to leave any port of the Colony without having
on board, and entered on the register and, articles of agreement,
officers possessing the certificates required by this section shall
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 non-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 employs any,person in any of the above
capacities in such ship without ascertaining 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 No. 5 of 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 strictly adhered to by . all
examiners.

(9) When any person is.desirous of obtaining a colonial
certificate.of competency as master, first, second, or only mate,
or engi neer in the mercantile marine, he shall give notice in
writing to that effect to the 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 ot duly qualified engineers in the
British mercantile marine.

.(ii) On such appointment being notified to the Harbour
Master, lie 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 competency
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.

y
Master, ~hall be entitled to receive out of the public revenue a
fee of five dollars for the examination of each applicant.

(14) Every applicant who has passed..a satisfactory examina,
tion, and has given satisfactory eviden-ce of his sobriety,
experience and general good conduct on board shipy shall be.
entitled to receive, on the. recommendation of the board, a
colonial certificate of corn lJetency.. signed by the Governor.

(15) Colonial certificates of competency. granted under this
section shall be subject to any regqlations made under any





Order of His Majesty in Council, with respect to the use,
delivery, cancellation and suspension of colonial certificates of
competency.

(16) If a master, mate or engineer proves, to the satisfac-
tion of the Governor, that he has, without fault on his part,
lost or been deprived of a. certificate already granted to him
tinder 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 record 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 eyew 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.

(ig) Every person who-

(a) makes, assists in making or procures to be, made, any
false representation for the. purpose of procuring, either for,
himself or for any other person, a certificate of competency; or

fraudulently uses a certificate or copy. of.a certificate
of competency which has. been. forged, altered, cancelled or
suspended, 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 misdemeanor.

Engagement and discha7ge of seamen.

i.) It shall be lawful for the Governor to appoint within
the Colony a place to be called the Mercantile Marine Office,
at which pl'ace shall be conducted all the business. connected

Asamended by No. 23 of 1932 [10.12.32) and Law Rev. Ord., 1937.
The provisions of the Alerchant Shipping Act, 1894,' and the Mer-
chant Shipping Ordinance, 1899, with reference to the engagement
of seamen and to agreements made with seamen by masters of ships
are not affected by the Employers and Servants Ordinance, 1902.
See No. 45 of 1902, s. 26.





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
waters of the Colony. The Harbour Master shall be the
Superintendent of the Mercantile Marine Office.
No seaman shall, except with the sanction of . the
Harbour Master, be engaged 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 the last ship,
and, failing the production of such certificate, such seaman shall
be bound to give satisfactory 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 sea man
whom he engages in the Colony, and carries to sea as one of
his crew, in the form and manner provided by the Merchant
Shipping Acts:

Provided that the agreements may he made for a voyage
or, if thelvovages of the ship average less than six months in
duration, may be,made to extend over two or.more voyages, and
agreements so made to extend over two or more voyages shall
be referred to as running agreements: and provided also that
running agreements shall not be for a longer period than six
months or the first arrival of the ship at her port of destination
in the Colony after the expiration of that period, or the discharge
of cargo consequent on that arrival.

(4) -Every master of any such ship who carries any seaman
to sea without entering into an agreement with him in accordance
with sub-section (3), shall he liable to a fine not exceeding fifty
dollars.

(5) Such fees, not exceeding the sums specified in Table I
in the Regulations, 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 the
Superintendent may refuse to proceed with any engagement ot
discharge, unless the fees payable thereon are first paid.





(6) Every master of ~la ship engaging or discharging any
seaman at: the Mercantile Marine Office shall pay 'to the
Superintendent the whole of the fees hereby made payable in
respect of such engagement or discharge, and may, for the
purpose of in part reimbursing himself, deduct in respect of each
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 Regulations: 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 sanction
of the Harbour Master or'of the consular officer, if any, repre-
senting the nation to which such ship belongs, and tfnless due
provision is made for the subsistence and maintenance 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 repre-
sented in the Colony by a consular 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 wilfully or negligently remains in the
Colony after the departure of his ship shall bd- liable to a fine
not exceeding twentyw-five dollars, or to imprisonment for any
term not exceeding one month.

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 shally within twenty-four hours of being discharged
at the office of his consularofficer, 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
dollar, and, in default of payment thereof, to imprisonment
without hard labour for any term not exceeding twenty-one
days.





(9) Whenever 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, tosuch
searnan a written certificate of discharge, specifying the time and
nature of service and the tirne 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 seaman 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 lave 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 ' lawful
for the Colonial Secretary to demand for every such licence an





annual fee of twenty-five dollars or at the rate thereof, according-
to the term of streh licence; and every such house shall be for
the r~ception ' of suchnumb& 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 b e a house licensed
for the sale of,intoxicating liquors, nor shall any charge for
intoxicating liquor be allowed in any account for the amount
of which any seaman may be indebted, or stated to be indebted,
to any per;on. and every such boarding-house shall be open
at all times to the visit of any justice, of the peace, or of the
llarbour Master, or of any inspector of, police. The Harbour
Master may refuse, to grant any such licence, and may limit the
number and description 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; and for any
infraction of any one of such regulations the.offender shall be
liable to a fine., not exc6eding twenty-five dollars, an ' d for a
second offence may further be deprived, if the keeper of such
.house, of his licence. Licences issued under this sertion shall
be terminable on the 3oth day of November of each year.

(2) Every person who, not having obtained a licence re-
quired by sub-section, (i), keeps a boarding-house for seamen,
shall be liable to a fine not exceeding on6hundred dollars; and the
fact of more than one seaman boarding or lodging in the house
of any person shall be primii facie proof of the keeping of a
boardiilg~.house for seamen.by such person; but nothing in this
Ordinance shall be construed to prevent any seaman from
having the whole or any part of any house for the residence of
himself or his family and boarding himself therein.

(3) Every licensed keeper of a boarding-house for seamen
shall cause daily to be-entered in a book, in English, the name
and description, 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, 6n *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 43r lodgers,
who left his house on any or either of the intermediate days,
and shall also particularize in such list the seamen who wish
for immediate employment, and place opposite to the names of
those last named the names of the ships from which they were
last discharged; and the Harbour Master shall keep the lists
as furnished o 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 in a similar
manner, if 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 sub-section shall render the boarding-house
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
lloarding-house.

Distressed. seamen.

7.-(1) All expenses incurred under the provisions 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 expenses incurred in the
United Kingdom in relieving and returning to the Colony all
distressed seamen who last served in such ship, sliall 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 incurred in the
Colony for the relief of such seamen as aforesaid, under 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 repay-
ment out of, the general revenue of all sums expended under
the provisions of the said Acts by the Imperial Government,
or by the Shipwrecked Mariners Society or by the Government
of any British colony, or by any British consular officer in any
foreign country, in and about the relief of such seamen as afore-
said, 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.

L-(i) 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 bv the Board of Trade, and a copy of the
book or books issued bv the said Board containing instructions
for dispensing the sam~, 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-
scorbutics 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 proceeds 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 such seaman shall be inspected by the Director
of Medical Services, 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 and show
to the master of the ship in which he may be about to serve;
and for every certificate there shall be paid the fee of fifty cents,
to be paid by the agent or mastei 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).Every keeper of a licensed boarding-house for seamen,
.,in the list of seamen resident in his house which he is required
to furnish tothe Harbour Master, shall report as to the state
of health of each seaman, 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 aho . spital, where he shall be kept until heis discharged 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 inabout the maintenance and treat
ment 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 ha s
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 appears to. and is certified by the medical officer in.
charg~ of the hospital to which such seaman is removed, or by
an assistant 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 ascer
tained its existence; and in every case such expenses shall, in
case of.non-payment, be sued for and recovered by the. Harbour
Master on behalf of the hospital.

(6) Every seaman who-

(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 under the provisions of this section ; or





. (c) having been removed to a hospital, attempts to leave the
same before he is properly discharged as cured; or

d) having been discharged 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 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 not 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 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. the Colony, to. be in a filthy and insanitary condition, the
master of the ship shall be liable 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.-(1) (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 officer, or 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 such seaman or apprentice refuses to return to his
duty on board the ship or 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
prison or other place , of . security within the Colony, for any

As amended by Law Rev. Ord-., 1937.





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 confinement 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 an 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 apprentice had
deserted from 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 apprehension, and, on proof of
the desertion, order him to be conveyed on board his ship or
delivered, to the master or mate of his ship, or to the owner
of the ship or his agent, to be so conveyed; and any such
warrant or order may be executed accordingly. 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 liable to a fine not exceeding one
hundred dollars.

(2) It shall be lawful for a magistrate, on complaint of the
master of any British ship to the -effect that he has reasonable
cause to believe that any seaman who has deserted while such
ship i s within the waters of the Colony is harboured, ~ secreted.
or concealed, or suspected to be harboured, secreted or con-
cealed; 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 such
house or place, and to lodge such seaman in any police station;
and every such. seaman 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 reiains, or ass ists in
harbouring, concealing, employing or retaining, any seaman
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 orpersuade, any such seaman in any manner whatsoever
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 such seaman,

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

(4) The Harbour Master, before granting a port clearance
to any ship, may, if he has reasonable grounds for believing that
any deserter is concealed on board such ship, proceed on board
thereof, and then. and there require the master to institute 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 belief, after due and
diligent search, 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 be liable to be punished
as follows:-

(a) 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 wages 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 out of his wages a sum
not exceeding two days' pay, and in addition, for every twenty-
four hours of absence, either 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 hot
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 Ii * able 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 disobedience or neglect, 6ther 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
engi neer 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, 'be shall be liable to
imprisonment for any term not exceeding twelve weeks; and

(h) if he wilfully damages the ship, or embezzles or wilfully
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 imprisonment for any term
not exceeding twelve weeks:

Provided that, in the case of a foreign ship, the magistrate
may only deal with cases arising out of the offences mentioned





in, paragraphs, (d), (e), (f) and (g) : Provided also that, if
there is, a, consular. officer resident in the. Colony of the nation
to which such sh . ip belongs, the magistrate shall not deal with
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 dealt with.

6) All expenses incidental to the apprehension and confine-
ment of any seaman or apprentice under this section shall be
payable by the master of the ship to which such seaman or
apprentice belongs and be recoverable from him, at the suit of
the Commissioner of Police, as a debt due to the Government;
ind the subsistence money 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 everv seaman or apprentice imprisoned under this section
may, by direction of the committing magistrate, be.sent on board
his ship or may be placedat the disposal of the consular officer
at whose request he dealt with the case. on the written application
of such officer, either on or beforethe expiration of his term of
iniprisonment.

PART III.

PASSENGER SHIPS..

Surveys.

10.-(1) In this Part, ' passenger ship rneans every ship
exceeding sixty tons register carrying passengers from, to, or
between places in the waters of the Colony except steam or
motor-vessels which ply solely as ferries between two or more
points within 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 survey and

For the Merchant Shipping Passenger Steamers (Hong Kong) Order, 1928,
see G.N. 301 of 25.5.1928.
As amended by No. 23 of 1932 (10.12.321, No. 28 of 1933 (22A2.331,
No. 28 of 1935 [1.7.351 and Law Rev. Ord., 1937. See also No. 25
of 1934 [Merchant Shipping (No. 2) Amendment], s. 3 (not yet in
forec.,on 1.1.1938).





other certificates equivalent to those required under this section,
the same being in',force and applicable, and which have been
issued under the provisions of the Merchant Shipping Acts or
any enactment in-force in any British possession ; and

(b) foreign ships which have from their own country or
from the country from whose flag they have been transferred
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 sufficiency 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
Council, whose decision. thereon shall be final:

Provided that paragraphs (a) and (b) of this sub-section
shall as from the 16th day of July, 1936, cease to apply to Safety
Convention passenger ships plying on international voyages.'

' (3) No passenger ship which carries more than twelve
passengers shall clear outwards or proceed on any voyage from
the Colony unless the master has the certificates 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 appoint their duties,
and may remove any of them, and may fix the remuneration to
be received by them. Such Government surveyors may be
classified as ship surveyors, engineer surveyors and wireless
telegraphy surveyors.

It 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, boats, 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 afly 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.every person who hinders any such surveyo, r
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 exceedin- fifty dollars.

(6) The Governor in Council may issue instructions to
Government surveyors and make regulations as to.the manner
in which surveys of ships are to be made,. as to the notice to
be given to the Government surveyors when surveys are required,
and as to the amount and payment of the fees due, and of any
travelling or other expenses incurred by such surveyors in the
execution of their duties. The Governor in Council mayby such
regulations determine the persons by whom and the conditions
under. which any such payment shall be made. The power to
make such regulations shall include a- power to mak ' e such
regulations applicable to passenger ships plying on international
voyages as appear to the Governor in Council to implement the
provisions relating to construction, machinery, equipment and
marking of load-lines which are contained in Chapter 11 of the
International Convention for the Safety of Life at Sea, 1929,
and the Regulations referred to therein (except so far as the
said provisions are otherwise imp lemented by the Merchant
Shipping Acts or this Ordinance).

Such instructions and regulations- may-

(i) modify any such requirement, as respects passenger
ships. plying on any international coasting voyage, if and to
the extent that the Governor in Council is satisfied that the risks
incurred by passenger ships plying on that voyage are such as
to make it unreasonable or unnecessary to require ships so plying
to comply with that requirement; and.,

(ii) modify any such requirement, as respects ships for
the time being engaged in any passenger trade in which they
are employed in the carriage of large numbers of unberthed
passengers, if the Governor. in Council is satisfied that compli-





ance with that requiremlent by ships so engaged is impracticable
and to the, extent that he is so, satisfied that modifications are
required by the, conditions of the trade:.

Provided that the Governor may-

(a) treat any passenger ship constructed before the ist July,
1931, (not being a ship converted to passenger service on or
after that date) as complying with any such, requirement if. he
is satisfied that such steps, if any, as are reasonable and prac-
ticable have been taken to make the ship comply with that
requirement; and

(b) modify, as respects any ship plying on short inter-
national voyages, any of the requirements of othe regulations
relating to construction, made under this sub-section, . which
implement the provisions of the said Safety Convention con-
tained in Regulations IX, X, XV and XIX thereof, Wand to
the extent that he is satisfied that that requirement is neither
reasonable nor practicable in the case of that ship., Until such
instructions and regulations are issued or made by the Governor
in Council under this sub~section the Government surveyors shall
execute their duties in accordance with the Instructions to
Surveyors issued by the Board of Trade.

(7) Every surveyor who demands 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. remuneration whatsoever (other-
wise 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 five hundred 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 meaning ofthis 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 fillows:-

(a) a declaration of a Government ship surveyor containing
statements of the following particulars:-





(i) that the hull of the ship is sufficient for the service
intended and in good condition

(5) that the boatg, life-buoys, lights, signals, compasses and
shelter for deck passengers are such, and in such condition, as
are required by law;

(iii) the time (if.less than one year) for which the hull and
equipments will be sufficient;

(iv) the voyages or class of voyages on which, as regards
construction and equipment, the ship is in the surveyor's
judgment fit to ply;

(v) with reference to all passenger ships not coming within
the provisions of the Chinese Passengers Act, 1855, or of the
Asiatic Emigration Ordinance, igiS, 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 cabins; such numbers to be. subject to such conditions and
variations, according to the time of year, the nature of the
voyage, the cargo carried or other circumstance's as the Governor
in Council may direct by any regulations to be made by him for
this purpose;

(vi) that the certificates of the master and mate or mates are.
such as are required by law; and

(b) a declaration of a Government engineer surveyor con-
taining statements of the following particulars:-

(i) that the machinery of the ship is sufficient for the service
intended, and in good condition;

(ii) the time (if less than one year) for which themachinery
will be sufficient;

(iii) that the.safety valves and appliances for the prevention,
detection and extinction of fire are such and in such condition
as are required by law;

(iv) the lirnit of the weight to be placed on the safety
valves;

(v) the voyages or class.of voyages on which as regards
machinery the ship is in the surveyor's judgment fit to ply;





(vi) that the certificates of the engineer or engineers of the
ship are such as are required by law; and

(c) in the case only of ships required*by law,to be provided
with a wireless telegraph installation, a declaration of A Govern-
ment wireless telegraphy surveyor containing statements of the
following particulars:-

(i) the voyages or class of voyages on which, as regards
wireless telegraphy, the ship is fit to ply;

(ii) that, having regard to the tonnage of the ship and the
voyages or class of voyages on which she is declared to be fit
to ply, the wireless telegraph installation complies with the
wireless telegraphy rules;

(iii) that the certificates of the wireless telegraphy operators
and watchers are such as are required by those rules.

(SA) If in the judgment of any such surveyor a passenger
ship is fit to ply on international voyages while engaged in a
special passenger trade only,. his declaration of survey shall state
that fact.

(9) The said owner, agent~ or master shall transmit such
declarations to the Colonial Secretary within fourteen days af . ter
the dates of the receipt thereof respectively; and in default shall
forfeit a sum not exceeding five 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 sam ' e, and shall be applied
in the same manner as such fees; and . if the declarations are
not transmitted to the Colonial Secretary within twenty-eight
days, the fees and forfeitures shall be recoverable as a debt due to
the Crown.

(io) On receipt of such declarations, and if 'satisfied that
the provisions of this section have been complied with, the
Governor may, if in his absolute discretion he thinks,fit to do
so, cause a passenger certificate in duplicate to be prepared and
issued to the effect that the provisions 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 limits, if any, beyond which, according to the





declaration of the surveyor or surveyors such 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, distinguishing (if neces-
sary) between tLe respective numbers to be carried on the deck
and in the cabins, such number to be subject to such conditions
and variations, accordihg to the time of the year, the nature of
voyage,, the cargo carried, and other circumstances as the case
may require.

(ioA) Any such certificate may be signed on behalf of the
Governor by any person authorized by him for the purpose,
and a certificate purporting to be so signed shall be admissible
in evidence in U.ke manner as if it had been signed by the
Governor.

(ii) Such tertificate in duplicate, when completed, shall be
,delivered by the Harbour Master to the owner, agent or master
applying for the same and paying the balance of the fee and
other surns, if any, 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 declara-
tion ; or

(b) by the refusal of a certificate of clearance for an emigrant
ship tinder the Chinese Passengers Act, j855, or the Asiatic
Emigration Ordinance, igiS ; or

(c) by the refusal of a certificate of clearance under this
Ordinance,

the owner, agent, master or charterer may appeal, in the manner
prescribed by the regulations in Table H in the Regulations,
to a Court of Survey constituted under this Ordinance, and,
upon the constitution thereof by the Governor, such court may
make such order with respect to the costs of any such inves-
tigation 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 magistra te.

(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 have been complied with, may
give the certificates required.

(14) Subject to any order made by the Court of Survey,
the costs * of and incidental to an appeal under this section shall
follow the event.

(iS) 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 the ow . ner, agent or
charterer, be accompanied on the survey by some competent
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 sh'ip preferring an appeal under this section or
under section 17 (5) (d) or (e), in and. by the notice of appeal
required by the regulations in the said Table H, to give notice
that he objects to any marine magistrate being a member ofthe
Court of Survey, stating the grounds of his objection, and there-
upon the I-Iar~o.ur Master shall forthwith forward such notice
to the Governor, who may, in his discretion, direct that such
marine magistrate shall not be amember of the Court of Survey.

(17) The owner, agent or master of every ship requiring
a certificate under this section shall pay for every certificate
granted by the Governor the fees mentioned in Table C in the
Regulations.

(18) No certificate shall be held to be in force for the pur-
poses of this section beyond a period of twelve months from the
date of its issue or any shorter time specified in the certificate ;
and iao 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 has 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 subsequent return to the
Colony. The Governor may require any certificate which has
expired or has been revoked or cancelled to be 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 one hundred
dollars.

(ig) The Governor 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 condi-
tion of the hull, equipments and machinery of the ship have
been fraudulently or erroneously made; or

(b) that such certificate has otherwise been issued upon
false or erroneous information ; or

(c) that,. since the making of such declarations, the hull.,
equipments or machinery of the ship has or. have sustained any
injury oris or are otherwise insufficient,

and in every such case the Governor may require the owner to
have the hull, equipments or machinery of the ship again survey-
ed, 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.

(19A) The Governor may also revoke and cancel any such
certificate.in any case in which.he has reason to believe that the
certificated master of the ship is not exercising, or is not permitted
to exercise, proper control of the ship.

(2o) The owner, agent or master of every such ship shall
forthwith, on the transmission of any such certificate, as afore-
said to him or his agent, cause one of the duplicates thereof so
transmitted to be put up in some conspicuous 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 one
hundred 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 of
machinery and equipments 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,
master or engineer who, on being applied to for that purpose,
wilfully refuses or neglects to give such information or assist-
ance shall be liable to a fine not exceeding fifty dollars.

[(22), rep. No. 21 of 1922.]

(23) If any structural alteration is made in any passenger
ship, the owners, agents, charterers and master shall, within
twenty-four hours after the alteration is made or as soon there-
after as possible, report the same by letter to the Harbour Master,
and in default, Without reasonable excuse therefor, they shall be
severally liable to a fine not exceeding five hundred dollars.

(24) If the provisions of this Part which require a passenger
ship to be surveyed and to have a passenger certificate are not
complied with 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, agent, charterer, master or comprador
of any passenger ship shall not receive or have on board thereof
Or on or in any part thereof at any place within 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 numberallowed by the passenger certificate; and if he,does
so he shall be liable to a~fine not exceeding two hdndred dotlars,
and also to an additional fine not exceeding five dollars for every
passenger above the number so allowed.

Gentral equipment.

11-(1) Every passenger ship of Which a surv.ey is required
by section io shall-

(a) be provided (if a steamship) with a safety valve upon
each boiler, 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 to have an
area not less, and a pressure not greater, than the area of and
pressure on that valve;

As amended by No. 28 of 1935 [1.7.35] and Law Rev. Ord., 1937.





(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 regula-
tions as may be issued by the Governor;

[(C), rep. No. 28 of 1935.]

(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 provided (if a ship not coming within the provisions
of the Chinese Passengers Act, 1855, or of the Asiatic Emigration
Ordinance, 1915) with such shelter for the protection of 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 here-
inbefore 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 one thousand dollars, and the master
shall (if he appears to be in fault) he liable to a fine not exceed-
ing five hundred dollars.

(3) If any requirement of this section or of Table D in the
Regulations is not 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 the safety
valve of any steamship or increases such weight beyond the
limits fixed by the Government surveyor, shall, in addition to
any other liabilities, be liable to a fine not exceeding one thousand
dollars.





Penalties for carrying passengers in excess of numbers
allowed by ce76ficate 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;
and 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 mis-
represents the number of passengers so about to be carried, or
leaves or attempt's 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 with any number of passengers greater than that allowed
by the clearance shall be liable to a fine not exceeding two
hundred dollars, in addition to a fine not exceeding five dollars
for every such passenger in excess of the number permitted to be
carried by the clearance.

(3) When the master of any ship has become liable under
the provisions of sub-section (2) to the penaity therein men-
tioned, the owner, agent or consignee of such ship shall be
liable 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 from the shipping of
such passengers.
(4) It shall be Jawful for the Harbour Master to refuse a
clearance to any ship carrying more than twelve passengers,
except on the production of 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.

S.AXETY.

Life-saving appliances-.
13.-(1) The rules for life-saving appliances from time to
time in force made by the Board of Trade under section 427 Of





the Merchant Shipping Act, 18%. as amended, by section 5 (1)
of the Merchant Shipping (Safety and Load. Line Conventions)
Act, 1932, shall apply to the Colony in respect of the following
ships:-
(i) passenger steamers plying on international voyages;
passenger steamers plying on short international
voyages;
(iii) foreign-going steamships (except steamships, such as
salvage tugs, dredgers and the like, declared by the Governor in
Council to be special service, craft) not certified for the carriage-
of passengers:

Provided that the Governor in Council may, in addition to
any powers of exemption or modification given to the Governor
under section 4. of the Merchant Shipping. (Safety and Load
,Line Conventions) Act, 1932, as extended to the Colony by
Order of His Majesty in Council, make regulations with regard
to life-saving appliances for ships to. which the said rules do not
apply.
,In this sub-section-
49 passenger steamer means a stearner carrying more than
twelve passengers;
44 foreign-going means plying outside the limits within
which river steamers ply.
(2) It shall be the duty of the owner and master of every
British ship to see that his ship is provided, in accordance with
the said rules or regulations, as the case may be, with such of
those appliances as, having regard to the nature of the service
on which the ship is employed and the avoidance of undue
encumbrance * of the ship's decks, are best adapted for securing
the safety*of her' crew and passengers.

(3) In the case of any ship-
(a) if the ship is required to be provided with life-saving
appliances and proceeds on any voyage or excursion without
being so provided in accordance with the rules or regulations
applicable to the ship; or

Mamended by No. 28 of 1935 P1.7.351. Sub~tions (1) to (6) of
section 13 were, by G.N. 240 of 4.5.28, applied to all foreign ships
While within the waters of the Colony, with effect from 3M June,
19M





1 (b) if.arry of the appliances with which the ship is so pro-
vided 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; or

(e) if any provision of the rules or regulations in respect
of life-saving appliances applicable to the ship is contravened or
not complied with,

then the owner of the ship (if in fault) shall for each offence be
liable to a fine not exceeding one thousand dbllars,..and the
master of the ship.(if in fault) slhall for each offence be liable to
a fine not exceeding five hundred dollars.

(4) A Government ship or engineer surveyor may inspect
any ship for the purpose of seeing that the rules or. regulations
in respect of life-saving appliances applicable to the ship have
been complied with in her case, and for the purpose. of any such
inspection shall have all the powers of a Board of Trade
Inspector under the Merchant Shipping Acts.

(5) If the surveyor finds that the rules or regulations have
not been complied with he shall give written notice to the
owner or master stating in what respect the said.. rules or
regulations have not been complied with, and what, in his
opinion, is, required to rectify the I matter.

(6) Every notice so given shall be communicated to the
Harbotir Master and a clearance shall not be granted to the ship
and the ship shall be detained'untiJ a certificate under the hand
of a Government ship or engineer surveyor is produced to the
effect that the matter has been rectified.

The master of -every British ship shall enter or cause
to be entered in the official iog-book a statement, or, if.there is
no official log-book, cause a record to be kept, of every occasion
on which boat 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 those appliances are fit and ready
for use ; and if, in the case of a passenger ship, boat drill is
not practised on board the ship. in any week, the master shall
enter a statement of the reasons why boat drill 'Was not practised
in that week.

(8) The master shall, if and 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), lie shall be liable to a fine not exceed-
ing one hundred dollars:

Provided always that sub-sections (i) to (6) shall, after a
day to be notified in the Gazette, apply to all foreign ships while
within the waters of the Colony to the same extent as they apply
to British ships: Provided always that sub-sections (i) to (7)
inclusive of this section sliall not apply to any ship of a Safety
Convention country which carries a valid safety certificate, or
to any ship of a non,Convention country with regard to which
it has been declared by order of His Majesty in Council that
the p rovisions in force in that country relating to life-saving
appliances are as effective as those of the Merchant Shipping
Acts, on proof that such former provisions are complied with in
the case of that ship.

Deck and load-lines.

U-(i) 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

t Seealso No. 25 of 1934 [Merchant Shipping (No. 2) Amendment], s. 4
(not yet in force on 1.1.1938).
* Asamended by No. 23 of 1932 [10.12.321 and Law Rev. Ord., 1937.
section 14 was, by G.N. 3W of 6.7.28, applied to all foreign ships
while within the waters of the Colony, with effect from 31st July,
1928.





(a) the upper edge of each of the deck-lines must be level
with the upper side of the deck plank next the waterwayat 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. side 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 carrying
cargo, pleasure yachts, ships not trading or plying for hire, and
ships employed solely as tugs) shall, before clearing his ship
outwards from the Colony, mark on each side amidships within
the meaning of sub-section (i) 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 provisions:-

(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 certificat 1 e given there-
under, and shall 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.

(3) Every owner, agent, charterer, master or comprador 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 he 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 pbliterates, 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
dollars.

(4) If any,of the marks required by this section is in any
respect inaccurate so . as to be likely to mislead, the owner or
m . aster 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 17i and such submersion shall be a reasonable 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 fines 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 any 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 alteration thereof, and
the Governor 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:

Provided that this section shall not apply to any ship of a
foreign country before a day to be notified in the Gazette, with-
out 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 desi ' res under the Merchant Ship-
ping Acts, in which event this section shall apply forthwith to
ships of such country.

Provided also that this section shall not apply to any ship





of a foreign country with regard to which His Majestv 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 person 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 carrier
thereof, to the owner or master of the ship, at or before the
time of sending the same to be shipped or taking the same on
board the ship, shall be liable to a fine not exceeding five
hundre'd dollars. Provided that if such person shows that lie
was merely an agent in the shipment of any such goods-and was
not aware, and did not suspect, and had n o* 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
dangerous goods under a false description, 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.

(4) It shall be lawful for the Harbour Master to refuse a
port clearance to any ship carrying more than twenty passengers,
if there are on 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

As amended by Law Rev. Ord., 1937.





with the consent of the master. And the master of any such
ship who leaves or attempts 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 with-
out 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
brough t on board any ship, without being marked as aforesaid
or without such notice - having been given as aforesaid, the owner
or master may cause such goods to be thrown overboard, together
with any vessel or package in which they are contained, and
neither the owner nor the master shall, in respect of such throw-
ing 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 to declare such
goods, and any package or receptacle in wbich they are con-
tained, to be, and they shall thereupon be, forfeited, and shall
be disposed of as the magistrate may direct.

(7) The magistrate shall have and may exercise the afore-
said powers of forfeiture and disposal, notwithstanding that the
owner of the goods may not have committed any offence under
the. provisions of this section relating to dangerous goods, and
may not be before the magistrate, and may not have notice of
the - proceedin,&s, and notwithstanding that there may be- no
evidence of the ownership of the goods; nevertheless the magis-
irate may require such notice to be given to the owner or shipper
of the goods before the same are forfeited.

(8) The provisions of this section relating to the carriage
of dangerous goods shall be deemed to be in addition to., and
not in substitution for or in restraint of, any other enactment
for the like object, so, nevertheless. that nothing in the said
provisions shall be deemed to authorize that any person 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 carry-
ing 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 measurCs
of capacity, at the rate of one hundred cubic feet for each ton
of registered tonnage, and where the grain is reckoned in
measures of weight, at the rate of two tons weighufor each ton
of registered tonnage.

(2) When such grain cargo is carried on board any vessel,
such grain shall be contained in bags, sacks or barrels, or
secured from shifting by boards, bulkheads, or otherwise.

(3) If any ship arrives within the waters of the Colony with
grain cargo loaded contrary 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
sends or attempts to send such ship to.sea, he shall be liable to
a fine not exceeding one thousand dollars.

Unseawo.rthy 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 in such an unseaworthy state that the life of any person is
likely to ~e thereby endangered shall be guilty of a mis-
demeanor, unless he pro-ves either that he used all reasonable
means to ensure the ship being.sent to sea in a seaworthy state,
or that the going to sea in such an unseaworthy state was, in
the circumstances, reasonable and justifiable*.

(2) Every master of a British ship who knowingly takes
the same to sea in such an unseaworthy state that the life of

As amended by No. 23 of 1932 (10.12.32].





any person is likely, to be thereby endangered shall be guilty
of a misdemeanor, unless lie proves that the going to sea in such
an unseaworthy state,was, in the circumstances, reasonable and
justifiable.

(3) A prosecution under sub-sections (i) or (2) shall not be
instituted except with the consent of the Governor.

(4) A misdemeanor under sub-sections (i) or (2) shall not
be punishable ont summary conviction.

(5) Where a British 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 human life, having regard to the
nature of 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 Harbour Alaster, if he has reason to believe, on
complaint or otherwise, that a British ship is unsafe, may order
the provisional detention of such ship for a period not exceeding
twenty-four hours; and subject to the further provisions of this
section, the Governor may by order extend such period either
indefinitely or for such definite period as he may deem fit.

(b) when a ship has been provisionally detained, there shall
be forthwith served on the master of the ship a written state-
ment'of the grounds of detention, and the Governor may, if he
thinks fif, appoint some competent person to survey the ship
and report to him.

(c) the Governor, on receiving the report, may either order
the ship to be released or, if in his opinion the ship is unsafe,
may order tile ship to be finally detained, either absolutely or

seeaiso No. 25 of 1934 [Merchant Shipping (No. 2) Amendment], s. 6
(not yet in force on 1.1.1938).





until the performance of such conditions with respect to the
execution of repairs or alterations or the unloading or reloading
of cargo as the Governor thinks necessary for the protection of
human lif~, 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
seven 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: 2o;

(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 shalj. be accompanied by such
person of nautical, engineering or other special skill and experi-
ence, to be approved by the Governor, as the owner, agent or
master may select ; and i 1 n 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 bi~en 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;

where a ship is provisionally detained, the Governor
may at any time, if he 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 prob-
able cause, by reason of the condition of the ship or the act or 1
default of the owner or agent, for the provisional detention of
the ship, the Government shall he liable to.pay, to the owner
of the ship his costs of and incidental to the detention and survey
of the ship, and also compensation for any loss or damage
sustained by him by reason of the detention or survey.

(b) If a ship is finally detained under this Ordinance' or if
it pLppears that a ship provisionally 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 surnmary 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 the detention and survey of the ship ~
and any dispthe 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 c6sts.

(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 Governor that, a
British ship is unsafe, he may require the complainant to give
security, to his satisfaction, for the costs and compensation 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 com-
plaint 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 vexatious, such security shall not be
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 pro-
visional or final, and an order varying the same, shall be served
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 authorized to make the sarne may go on board the ship
and inspect the same and every part thereof and the machinery,





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 foreign ship whilst in the waters of the Colony
is unsafe by reason of the defective condition of the hull,.equip-
ments or machinery, or by reason of overloading or impnoper
loading, the provisions of this Ordinance with respect to the
detention of ships shall apply to that foreign ship as if such ship
were a British ship, with the following modifications:-

i) a copy of the order for the provisional detention of the
ship shall be forthwith served on the consular officer for the
state to which the ship belongs, and, if there is no such con~ular
officer, on the master of the ship;

(2) where a ship has been provisionally detained, the con~
sular officer on the request of the owner, agent or master of
cl
the ship, and, if there is no such consular officer, the owner,
agent or master of the shi , may require that the person, if
b - p
any, appointed by the Governor to survey the ship shall be
accompanied by such person as the consular officer, or the owner,
agent or master, may select; and in such case, if the surveyor
and such person 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 or master shall have the like appeal to the
Court of Survey touching the report of the surveyor as is herein-
before provided; and

(3) where the owner, agent or master of the ship appeals
to the Court of Survey, the consular officer, on the request of
such. owner, agent or master, or, if there is no,sucli consular
officer, the owner, agent or master, may nominate any competent
person or persons to be members of the Court of Survey, not
exceeding two.





18A. Nothing in the 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 orIanding' passengers or taking in or dis-
charging cargo or taking in bunker coat.

PART V.

MARINE COURTS AND COURTS'OF SURVEY.

Ma7ine Courts.

19.-(1) It shall be lawful for the Governor, whenever
occasion may arise, by warrant under his hand and the seal of
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 incompetency or misconduct on the
part of masters, mates or engineers of s~iips.

(2) Such court shall consist of not more than five or less
than three members, of whom one shall be a magistrate and
president of the court, and at least one shall be a commis-
sioned officer in the Royal Navy, and the remainder masters
of the British mercantile marine, or such persons of nautical,
engineering or other special skill or knowledge as the 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 than two members
having experience in the merchant service.

(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
Governor 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--7-

(a) when on or near the coasts of the Colony any British
ship is lost, abandoned or materially damaged;

(b) when on or near the coasts of the Colony any British
ship has been stranded or damaged, and gny witness is found
in the Colony;

As amended by. No. 28 of 1935 [1.7.35).





(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 casualty as above mentioned has occurred, and any
witness is found in the Colony;

when' in any place any British ship has been stranded
9r 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 the circumstances in which such ship proceeded to sea or
was last heard of.

(5) In any of the following cases~-

(a) where a casualty 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 witnesses 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 in the course of a voyage to the Colony;

(e) where the incompetency or misconduct has occurred on
board a ship registered in the Colony; and

where the master, mate or engineer of a British ship
who is charged with incompetency or misconduct on board that
ship is found-in the Colony,

it shall be lawful for such court to make investigation respecting
such casualty an . d to bear and inquire into any such-charge of
incompetency or miscond ' uct, and for such purposes the court
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
magis trate acting as a court of summary jurisdiction.

(6) An inquiry shall not be held under this section into any
matter which has once been the subject of an investigation or
inquiry, and has been reported on by a competent court or
tribunal in any part of His Majesty's dominions, or in respect
of which the certificate of a master, mate or engineer has been
cancelled or suspended by a naval court.

(7) Where an investigation or inquiry has been commenced
in the United Kingdom with reference to any matter, an 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 abandonment of, or
serious damage 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, lie has failed to render
such assistance or give such information as is required by the
Merchant Shipping Acts.

(9) Where any case before any such court as aforesaid
involves a question as to the cancelling or suspending of a
certificate, the court shall, ai 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.
(io) The court shall in all cases send a full report on the
case, with the evidence, to the Board of Trade, and shall also,
if it determines to cancel or suspend any certificate, send the
certificate cancelled or suspended to the Board of Trade or other
authority by whom the certificate was granted.
(m) A certificate shall not be cancelled or suspended by a
court under this section, unless a copy of the report, or a state-

As to the pgwer of the Governor to restore certificate or shorten period of
suspension ace OTders of H.M. in Council of 9.5.1891 and 22.10.1906.





ment of the case on which the investigation or inquiry has been
ordered, has been furnished, before the commencement of the
investigation or inquiry, to the holder of the certificate.

(12) The Board of,Trade may order the re-hearing of any
inquiry under this section in like manner as they may order the
re-hearirig of a similar investigation or inquiry in the United
Kingdom, but if an application for re-hearing either is not made
or is refused,, an appeal shall lie from any order or finding of the
court or tribunal holdiqg the inquiry to the High Court in
England: Provided that an appeal shall not lie-

(a) from any order or finding on an inquiry into a casualty
affecting a ship registered in a British possession; or
(6) from a decision affecting the certificate of a. master,
mate or engineer, if that certificate has not been granted,. either
in the United Kingdom ot in a British possession, 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 management of the case,and
to render such assistance to the court as is in his power.

(14) The court may also exercise the following further
powers:-

(a) it may, if unanimous that the safety qf the ship or crew,
or the interest of, the owner, absolutely requires it, supersede the
master of any British ship then being within the waters of the
Colony, and may appoint another person to act in his stead; but
no such appointment shall be made without' the consent of the
consignee of the shi p, if within the Colony;

(b) it may discharge any mate, engineer or seaman from
his ship;

(c) it may order the wages of any mate, engineer or seaman
so discharged, 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 to be paid into the Treasury; and

(d) it may make such order as it thinks fit respecting the
costs of the investigation or any part thereof, and such order'
shall he enforced by the court in the same way, as an order for
costs under the Magistrates Ordinance, 1932.





(iS) Each member of the court shall either 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, on
the demand of the court, deliver his certificate to the court, or,
if it is not demanded 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.

(17) Where an investigation into the conduct of a master,
mate or engineer, or into a casualty, 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 bee ' n 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 appointedtinder
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 carrying into effect the enactments relating to
formal investigations into casualties and into charges of incorn-
petency or misconduct, and in particular with respect to the
procedure, the parties, the persons allowed toappear, the notice
to such 1 parties and persons or to persons affected, and the amount
and application of fees.,

(1.9) F-very formal investigation shall be conducted in such a
manner that, if a charge is made. against any person, he shall
have an opportunity of making a defence.

Reports.

19A. M7hen any steamship or motorship 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 rnachinery,.the
master shall, within twenty-four hours after the happening of the
accident or damage, or as soon thereafter as possible, report the

As amended by No. 23 of 1932 [10.12.321.





same by letter to the Harbour Master, and in default, without
reasonable excuse therefor, lie' shall be . liable to a fine not
exceeding five hundred dollars.

Courts of Survey.

20.-(1) It shall be lawful for the Governor, whenever
occasion mav 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;

(b) each member of the court may survey the ship, and sliall
have for such purpose all the powers of an inspector appointed
by the Board of Trade under the Alerchant Shipping 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 disagree-
ment, be appointed by a majority of the members;

(d) the court 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 orderfor the detention
of the ship, the ship shall be released; and

(e) the owner or agent and the master of the ship, 'and any
person appointed by the owner, agent or master, may attend at
any inspection or survey made in pursuance of this section.

(2) It shall be lawful for the Governor in Council to make
regulations for carrying into effect the provisions of this Ordin-
ance with respect to a Court of - Survey and appeals thereto, and
in particuLar with respect to the summoning of and procedure
before the court, the requiring on an appeal under section 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 under this section as.it may think fit,. and
such costs shall be paid accordingly, and shall be recoverable
in the same manner as a civil debt under the Magistrates Ordin-
ance, 1932.

* As amended by No. 28 of 1935 (1.7.351.





(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 WATERS 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 Pgrts, and no master of any
ship or junk shall, except from stress of weather or some other
sufficient cause, anchor at any other place in the waters of the
Colony without the written permission of the Harbour Master.

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 ente~ any port, shall hoist
the national colours and the house flag or the number of the
ship, and shall keep the same flying while passing the signal
station. He shall also hoist the national colours of the ship
when entering any port, and shall keep the same flying until the
ship has been entered at theTlarbour Master's office.
. (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 Health Officer of the
Port as soon as they come alongside, and shall furnish the
Harbour Master with such information as may be required in
accordance with Table K (A) in the Regulations, and every
master or any officer of the ship who delays, obstructs or
impedes the Harbour Master or Health Officer, or refuses to give
such information as may be required, or gives false particulars,
shall be guilty of an offence.
(3) Subject to the provisions of section 28, every such
master shall take tip 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 to the satisfaction of the
Harbour Master, and shall not move to take up any other berth
without his permission, except in case of necessity, to be decided

As amended by No. 23 of 1932 [10.12.321.
As amended by Law Rev. Ord., 1937.





by the Harbour Master, and in default shall be liable to a fine
not exceeding one hundred dollars; and he shall remove his
ship to any new berth when required to do so by the Harbour
Master, and in default, without reasonable excuse 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 Master, 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.

(3A) The obligations as to proper mooring of a ship to the
satisfaction of the Harbour Master imposed by sub-section (3)
shall fall on the owners, agents and charterers in the case of any
ship without a master.

(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 possible after it is'again
open for business, and, in the case of a British ship or of a
foreign ship which is not represented by a consular officer, shall
deposit there the ship's articles, list of passengers, ship's
register, clearance from last 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 lodged by the master at the proper
consulate. Any master who offends against the provisions of
this sub-section shall be liable to a fine not exceeding two hundred
dollars.

(5) Every such master shall immediately strike spars, clear
hawse, or shift berth, and generally follow such directions as
having regard to the state of the weather, the condition of the
.port, or ariv other circurnstances, the Harbour Master may deern
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 not 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 the nature of the 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 necessary; and
any master having obtained such clearance and not sailing
within thirty-six hours thereafter shall report to the Harbour
Master his reason for not sailing, and shall re-deposit the ship's
papers, if required. Any master who wilfully neglects or
disobeys or fails to comply with the provisions of this sub-
section, or wilfully gives false. information, or goes to sea without
having obtained a port clearance, shall be liable to a fine not
exceeding two hundred and fifty dollars: Provided that 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 the said office is again open for business, but in
such case the master shall cause such arrival and departure to be
reported to the Harbour Master as soon as practicable.

[s. 23, rep. No. 7 Of 1936.]

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 boat or other
vessel dropping anchor in or otherwise obstructing such fair-way
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 sunrise, 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 atmos-
phere 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
than six feet, and shall also be of such character as to be visible
all round the horizon at the said distance.

As amended by No. 6 of 1934 [18.8.34].





For every omission to comply with the 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.

(2) Every ship, hulk, junk or other vessel (not being a boat
propelled by oars), being at anchor, or at moorings, 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 where 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 fifty feet or upwards in teng~li, shall carry 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 light, and in default the owner,or master
shall be liable to a fine not exceeding one hundred dollars.

(3) in case of police assistance being re'quired 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 dayp
the signal S T shall. be hoisted, and, if by night, three lights
in a vertical line, the highest and lowest iights white and the
middle light red. The day signal may be supplemented by the
signal N Q ' 1 am on fire ', or R X ' Want assistance-'
mutiny ', and the night signal by a ' Flare up ' every minute
in the case of fire., of ' Blue Lights ' in the case of disturbance.
A continuous sounding with any fog signal apparatus may, in
addition, be adopted to attract attention in either case.

(4) It shall be lawful for.the Governor in Council to make.
regulations or orders for the protection, management and naviga-
tion of the waters of the Colony, for the better and more effectual
keeping of order therein, and for the prevention of any nuisance
in the same.

Offences in the waters of the colony.

26-(1) Every person who-

(a) unlawfully cuts, da ' mages or destroys any of the ropes,
cables, cordage, tackle, headfasts or any other furniture of or

As amended by No. 23 of 1932 [10.12.321 and Law Rev. Ord., 1937.





belonging to any vessel lying.in the waters of the Colony, with
intent to steal or otherwise unlawfully obtain the same or any
part thereof; or

(b) for the purpose of preventing 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 from
any such vessel, wilfully lets fall or throys into the waters afore-
said, 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, oil
or other substance into the waters of the Colony without the
written permission of the Harbour Master; or neglects within a
reasonable time to remove any sunken vessel or other obstruc-
tion in the said waters belonging to him or in his charge or
keeping; or

(d) not being in His Majesty's service and not being duly
authorized by law for the purpose, goes on board any ship within
the waters of the Colonv wit4out the.permission of the master
or officer in charge of su~h ship; or

(e) not being in F11 s Majesty's service, makes fast to or
causes to be made fast to a ship tinder way within the waters of-
the Colon any boat or other vessel without the permission of
y 1
the master or officer in. charge of such ship; or

being in charge of any boat plying for hire receives 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 em-powered 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 he liable to a fine not exceeding fifty dollars, or to imprison-
ment for any term pot 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 conveyed away. It shall be lawful for the master
or other person in charge of any ship to take into custody and





deliver up forthwith to any constable any person offending
against paragraph (d).

(2_)-(a) No vessel shall lie alongside any public wharf or
public landing place or alongside any part of any praya wall
except when engaged in taking on board or landing passengers-
or cargo.

(b) No vessel shall without a written permit from the,
Harbour Master be moored or at anchor, between 9 p.m. and 5
a.m., within a distance of less than one hundred yards from low
water mark of such part of the Colony as may for the time being
be declared in paragraph 2 of Table N in tile Regulations to
be a part of the Colony in respect of which the. provisions of
section 26 (:2) (b) of this Ordinance shall apply: Provided that
nothing contained in this sub-paragraph sliall be construed as
extending to any vessel moored or at anchor alongside. any
private wharf with the written con'sent of the owner of such
wharf.

(c) No vessel shall lie alongside any other vessel, or any
wharf or landing place, public or private, or any part of any
pra,ya wall, in such manner as to obstruct the free access of any
other vessel thereto.

(d) No raft or floating logs shall be moored alongside any
wharf or landing place, public or-private, or any part of the
praya wall, in such manner as to obstruct the free access of any
vessel thereto.

(e) No vessel shall lie alongside any other vessel without the
consent of the master thereof.

No vessel shall lie alongside any private wharf or land-
ing place without the consent of the owner thereof.

(g ) No vessel shall lie alongside any private wharf or land-
ing place betYeen 9 p.m. and 5 a.m. except with the written
permission of the owner thereof.

(h) Where any of the provisions of this sub-section require
a vessel to have a written permit or -,vritten permission such
provision shall not be deemed to be complied with unless the
written permit or written permission is kept on board the vessel
in question during the period during whi.ch it is required.





(i) Upon proof before a magistrate of any contravention of
any of the provisions of this sub-section the master or other
person in charge of the vessel in question shall he li~ble to a
fine not exceeding two hundred and fifty dollars or to imprison-
ment for any term not exceeding three months.

(i) if the master or the person who was in charge of the
vessel in question at the, time of the contravention cannot be
found, or if there was no person in charge at the time of the
contravention, the licensee of the vessel in question shall, upon.
proof before a magistrate of the fact of the contravention, be
liable to a fine not exceeding two hundred and fifty dollars,
whether such licensee was aware of the contravention or not.

Except as is provided by section 25 (3), or except in
cases of ships of war, or ships carrying rnails in respect of the
mail signal gun, no cannon, gun, firearm or firework of any
description shall be dischar-ed, without the sanction of the
Harbour Master, within such portions of the waters of the
Colony as the Governor in Council may by regulations prescribe,
from any ship, junk or boat, under apenalty not exceeding two
hundred dollars.

Removal of obstructions.

27. The Harbour Master may, by written notice, require any
person to remove, within a reasonable time to be specified 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 can he found, the obstruction, when
removed by the Harbour Alaster, may be sold to defray the
expense of such removal.

Moorings and buoys.

28.-(#) It sh all be lawful for the Harbour Master to place
in the waters of the Colony such Government moorings and
buoys as may be approved by the. Governor, and to allow the use
thereof on such terms and conditions and for such fees as the
Governor in Council may 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 Governor
in Council under sub-section (5). Such moorings-and buoys
shall be of such nature and construction as the Harbour Master
may approve.

(3) No person shall moor or anchor *hulks or vessels of like
description within the waters of the Colony except with the
sanction of the Harbour Master and except on such conditions
and subject to the payment of such fees as the Governor in
Council may -direct.

Moorings and buoys sanctioned by the Harbour Master
under sub-section (2) shall no ' t be made use of by any ship other
than the ships of the pers on. to whom such sanction has.been
granted, except with the consent of such person or by the
directi.on of'the Harbour Master; and the master of any 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 lie 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 ternis, conditions and fees for any
of the purposes mentioned in this section.

Fishing stations, fishing stakes, fishing stake-nets and
fishing generally.

29.-(1) It shall be lawful for the Governor in Council to
make regulations for the registration, licensing, erection, main-
tenance, management, working and control of fishing stations,
fishing stakes and.fishing stake-nets (all of which are in this
section included in the word stakes), in. the' waters of the
Colony, prescribing the ' places where the same may be erected,~
the distances to. be maintained from the shore and 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 otherwiA generally for all purposes, whether efusdem
gene-ri~ with the abQve purposes or not, connected with stakes.





(2) Any stakes. established, renewed, altered. or repaired
contrary to the provisions of such regulations may be removed
by the Harbour Master; and th~! 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 be recovered by the Harbour Master by summary distress
upon the property of such owner or occupier and by the sale of a
sufficient portion of such 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, situation and methods.

(4) It shall also be lawful for the G overnor. in, Council to
make regulations for the management, -,yorking 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 Commissioner or any
officer of police not below the rank of inspector, and for the
Harbour Master, Deputy 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,
boat, junk o ' r other vessel (not being or having the status of a
ship of war) in the waters of the Colon* y, and into every part
thereof, for the purpose of inspection, and of directing the condb ' ct
of any officer of police who may he stationed on board, and of
inspecting and observing the conduct of all other -persons 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
preserving peace and good order on board, and for the effectual
preventiori or detection of any felonies or misdemeanors.

(2) It shall be lawful for the Commissioner or other officer
oUpolice not below the rank of sergeant, having just cause to

As ainended by~ No. 23 of 1932 [10.12.32].





suspect that any felony or misdemeanor has been or is about to
be committed in the waters of the Colony, to enter at all tinnes,
as well by night as by day, into and upon any ship, boat, 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 misdemeanor,. and to take charge of -any
property suspected of having been stolen or unlawfully obtained:
Provid~d always that the powers conferred by this sub-section
may in, respect of steamships undersixty tons and of junks be
exercised by any European police officer of whatever rank.

(3) Where,. under this section, authority is given to any
officer to enter upon any ship, boat, junk or other vessel, such
officer may require the master or person in charge to stop such
ship, boat, junk or other vessel to enable him to rryake such
entry. Any Taster or person in charge who refuses or wilfully
neglects to comply ' with such requirement shall be liable to a
fine not exceeding five 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 corn-
munication in connexion therewith or for any other purpose as
the Governor in Council may think necessary.

(3) It shall be lawful for the Governor with the assent of
the Legislative Council to raise by way of public loan, on the
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 said revenues.

(4) It shall he lawful for the Governor, in the meanwhile,
with such assent as aforesaid, to order the payment, by way of
temporary advance, out of the Treasury, of such sums of money





arising from the general revenues as may be required 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 be raised. by way -of loan under the provisions herein-
before 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 shallbe lawful for the Governor in Council-

(a) to fix the times, places and modes at and in which the
dues shall be payable;

(b) to exempt any ships or classes of ships from such pay-
ment, and to annex. a~y 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 regulations in respect
thereof, shall be posted up at the Harbour Master's office.

(4) A receipt for the said dues as well as for any fees pay-
able in respect of moorings or buoys shall be given by the person
appointed to collect the same (hereafter in this section referred
to as the collector) to every person paying the same, and it shall
be lawful for the Harbour Master to refuse to grant a clearance
to any ship if such receipt is not produced to him.

(5) If the owner, agent or master of any ship fails-, on
demand of the collector, to pay the said dues in.respect thereof,
it shall be lawful for the collector, in addition to any other
remedy which he is entitled to use, to enter upon such ship and

As amended by No. 23 of 1932





distrain the goods, guns, tackle, or any. other th ' ings of or
'belonging to or on board such ship, and to detain such distress
until the said dues are paid; and if payment of the same is not
made within the three days next ensuing such distress, the
collector may, at any time during the continuance of such non-
payment, cause the distress to be appraised by two sufficient
persons, and thereupon sell the same, and apply the proceeds
in payment of the dues unpaid together with reasonable expenses
incurred by him.under this secti^ paying the surplus, if -any,
on demand, to the said owner, agent or master.

(6) In order to ascertain the burden of any ship liable to
pay dues under this section, the collector may require theowner
or master to produce the register of such ship for his inspection,
and, on the refusal or neglect of suchowner or master to produce
such register or to satisfy the collector as to what is the true
burden of the ship, -it shall be lawful for him to cause such ship
to be measured, and any expen 1 ses 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 section.

(7) The master of any ship who--

(a) departs or attempts to depart from any port leaving
unpaid 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 commits
any of the following offences:-

(a) injures any lighthouse 1 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





(c) rides bv, makes fast to,-or.runs foul of any lightship, buoy or
beacon,

shall, in addition to the expenses of making' good any damage so
occasioned, he 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 wires, either in connexion with any
lighthouse, lightship, buoy or beacon, or otherwise.

Cap Rock lighthouse.

34. The powers and provisions contained in sections 31, to 33, in
respect of lighthouses, buoys, beacons, cables, wires or other apparatus in
connexion therewith, and dues, shall equally apply to the lighthouse upon
the island commonly known as Gap Rock and any cables. wires and other
apparatus for the purpose of telegraphic or other communication in
connexion therewith.

Prevention of false lights.

35.-(1) Whenever any fire or light is burnt or exhibited at such place or
in such manner as to be liable to be mistaken for a 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 lo such fire or light, and by such notice to direct 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 tb comply with such notice shall he 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 for any term not exceeding six months.

(2) If any- owner or person fails 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 forthwith to





extinguish such fire or light, doing no unnecessary 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 EXPLOSIVES.

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 Government
Gunpowder Depot, and shall be under the control and management 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, with the approval of the Governor, may deem
expedient.

(3) It shall not be lawful for the master of any vessel to anchor within
five hundred vards of the Government Gunpowder Depot, except by
permission of the Harbour Master.

(4) The master, agent or consignee of every vessel arriving in the
Colony, having on board thereof as cargo any quantity of gunpowder or
other explosive, shall, immediately on arrival and before the discharge from
the vessel of any of such gunpowder or other explosive, furnish the Harbour
Master with 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 removed therefrom, without the written per-
mission of the Harbour Master, until the cargo of explosives 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 whilst engaged in the transhipment of the same, shall
exhibit a red flag at the highest mast-head.

As amended by No. 23 of 1932 [10.12.32].





It shall not be lawful for the master of any vessel having
on board as car9017gu n powder or ot.her explosive to anchor such
vessel within five hundred Yards of any other vessel, exce t by
p
permission of the Harbour Master.

(9) The master of every vessel about to take Qn bovd. a!~
cargo any quantity of gunpowder or other explosive shall give
notice to the Harbour X1aster, and shall take the said vessel.into
lhe Gunpowder Anchorage. ot 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 sufficient 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, betwee . n
6 p.m. and 6 a.m.. from October to March inclusive, or between
7 P.m. and 5 a.m. from April:to September inclusive, except'with
the permission in writing of the Harbour Master.,

(io) It shell not be lawful for any person, without the
permission in writing of the Governor, to keep, except at the
Government Gunpowder Dep6t, for any time, however short,
any quantity of gunpowder or other explosive: Provided. never-
theless, that any person, may keep for his private use only, and
not for sale, any quantity of gunpowder not exceeding. twenty
pounds and any number of safety cartridges not exceeding five
thousand.-

(m) -Where any magistrate has reasonable. grounds for
believing that any gunpowder or other explosive is kept on board
any vessel, or in any house or place, in 1 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 provisions of this
section, and for the movement, 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 other explosive 'shall be paid monthly by the
party in whose name the same is or are stored, and, in the
event of non-payment within twenty-one 1 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 in
order to defray the expense of storage, and the proceeds thereof,
after deducting all Government charges and the expenses of sale,
shall be paid to the party who proves himself entitled thereto to
the satisfaction of the Governor.

(14) Every person wh ' o violates, or refuses or fails to comply
with, -any of the provisions of this section shall be liable to a
fine not exceeding three hundred dollars or to imprisonment,
without hard labour, for any term not exceeding six months. . 1

(15) Nothing in this section shall be deemed to affect the
provisions of the Dangerous Goods Ordinance, 1813.

(16) Nothing in this section shall apply.to His Majesty's
ships of war, orlto 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, FERRY VESSELS, MOTOR BOATS AND RIVER STEAMERS.

Launches, leriy vessels and 'motor boats.

37.--(1) In this section,
(a) Launch means any steamship not exceeding sixty
tons

(b) Owner includes charterer and agent;

(c) Ferry vessel ' means any steam or motor vessel which
plies regularly for the conveyance of persons, or of persons and
things, between two or inore points within the Colony.

An amended by No. 2Q of 1933 [22.12.331.
As amended by No. 23 of 1932 110.12.32] and No. 28 of 1W3 [22.12.331.





(2) It shall be lawful for the -Governor in Council to make
regulations for the following purposes:-

(a the licensing, regulation and control of launches, ferry
vessels and motor boats, and of the owners, masters and engineers,
of launches, ferry vessels and motor boats;

(b) the payment of fees in respect of licences, permits,
clearances, certificates, surveys and other documents and services
relating to launches, ferry vessels or motorboats;

(c) the duties of the owners, r nasters and engineers of.
launches, ferry vessels and motor boats; and

(d) generally for the purpose of carrying into effect the
provisions of this section.

(2A) The Harbour Master shall, with the.appro val of the
Governor, by regulation appoint suitable anchorages in the
waters of the Colony to be called anchorages for launches, ferry
vessels and motor boats.

1 . (3) Every person who does or is a party to any act forbidden
by this section or by any regulation made thereunder, and every
person who omits to do anything which he is required to do by
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 launch, ferry vessel or motor boat
carries more persons than might lawfully be carried under the
regulations made under this section,- having regard to the size
of the launch, ferry vessel or motor boat, the amount of space
available, and the.pdrt or parts of the waters of the Colony in
which the launch, ferry vessel or.motor boat has carried such
persons, or if any licensed launch, ferry vessel or motor boat
carries more passengers than may lawfully be carried under the
conditions of the licence, the owner and master shall be liable
to a fine not exGeeding five hundred dollars and to imprisonment
for any term not exceeding three months.

(5) Every person who places on the safety valve of any
licensed launch or ferry vessel any greater pressure 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 term not exceeding three months.





(6) Every person. who, places on the safety valve of any
unlicensed launch or ferry vessel any greater pressure than wQuid
have been lawful if the launch or ferry vessel had been surveyed
immediately before the occurrence of the alleged offence 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, agent, charterer or master of any launch,
ferry vessel or motor boat who permits such launch, ferry
vessel or motor boat to ply while in an unseaworthy or unsafe
condition, whether by reason of overloading or from any other
cause whatsoever, shall'be liable to a fine not exceeding one
thousand dollars and to imprisonment for any term not exceeding
six months.

(8) It shall be lawful for the Harbour Master or the Govern-
ment Marine Surveyor or any person authorized thereto by the
Harbour Master or the Government Marine Surveyor to go on
board. any launch, ferry vessel or motor boat at any time for.
the purpose of inspecting such launch, ferry vessel or motor boat,
and no person shall obstruct any,such inspection.

(9) It shall be lawful for the Harbour Master to cancel, or
to suspend for any period, the licence of any launch, ferry vessel
or motor boat if the Government Marine Surveyor reports,to
him that from any cause the said launch, ferry vessel or motor
boat is unfit for the service for which such launch, ferry vessel
or motor boat is intended, or if at any time he ceases to approve,
of the sureties to any bond given under the provisions of any
regulation made under this section, or if from any other cause
any such bond is or becomesinvalid or ceases to be in force.

(io) It shall be lawful for the Governor in Council, for 'any
cause which he may think fit, to cancel any launch, ferry vessel
or motor boat licence or to suspend it for any periodi

(ii) 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 incompetency or negligence.in
the performance of his duties as master or engineer as the case
nmy be.





(12) It shall be lawful for the Governor in Council, for
any cause which he may think fit, to cancel any local certificate
issued by virtue of the provisions of this section or to suspend
it for any period.

(13) If, upon the cancellation or, suspension of any such
licence,or certificate, the licensee, or the holder of the certificate
as the case may be, or any person in possession of such licence
or' certificate, fails to deliver up the licence or certificate to the
Harbour Master forthwith upon demand he shall be guilty of an
offence against this Ordinance.

(4) No master or other person in charge of any launch,
ferry vessel or motor boat shall 'disobey any lawful order of the
Harbour Master.

05) The provisions of this section, other than sub-sections
(ix) and (x6), shall not apply to launches, ferry vessels' or motor
boats which are the property of Flis' Majesty or of any foreign
state.

(,16) Nothing in this Ordinance shall be construed as
exempting launches, ferry vessels or motor boats from compliance
with the replulations for the prevention of collisions which art
in force in the Colony under or by virtue oftlie provisions.of the
Merchant Shipping Act, 1894.'

RiveT steamers.

38.~(i) Every passenger certificate issued to a river steamer
shall specify the number of passengers which she may lawfully
carry.

(2) Such number shal.1 be subject to such conditions as the
Governor in Council may direct by regulations.

(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 authorized by her passenger certificate
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 authorized by
her passenger certificate.

* As amended by No. 28 of 1935 [1.7.35].





PART X.
JUNKS AND OTHER CHINESE VESSELS.

39.~(i) All trading junks, fishing jvnks, lighters, cargo
boats, fish-drying bulks as well as any other hulks, and all small
boats other than pleasure boats (all of which, as wellas all boats
included in the definition. of. ' junk ' in section 2, are for the
purposes of this section referred to by the term ' vessel '; u riless,
they are specifically referred to) within 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 and U in the
Regulations, or such other classes, forms and fees as 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 stations of the Harbour Master's office shall be
maintained at such places as the Governor may determine, which
shall be tinder 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 of the Colony to be called anchorages for junks.

The limits of such anchorages shall be as indicated in
Table S in the Regulations, but may be altered by the Harbour
Master with the 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 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

T Asamended by No. 7 of 1936 [1.2.36], No. 47 ot 1936 [30.3.37] and
1..aw Rev. Ord., 1937.





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 colours as the Harbour Master shall dtrect, on each bow
and on the stern, and also branded. on the hull in figures two
inches in length. Every person gu ilty- 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 shali
be indorsed on or contained in such licence, and the master shall
cause the nufflber of such licence to be painted in figures, which
shall not at any time be concealed, twenty inches in length in
such colours 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-four inches in length~ and
branded on the hull in figures two inches in length. Every
person guilty of a breach of any such conditions or of the pro-
visions 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
prescribed fees for such periods and subject to such conditions
as the Harbour Master, with the approval of the Governor, may
determine, which conditions shalr 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 colours and in such
position as the Harbour Master shall direct. 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.
(8) It shall be lawful for the Governor in Council to make
regulations-
(a) for the licensing, registration, due management, control
a,nd regulation, within the waters of the Colony,.of all v~1s,


and for fixin the scale of- fees for 'such licences;
9

(b) for fixing the scale of fares to be charged in respect of
cargo boats, lighters and all small boats other than pleasure
boats;

agement of all boats, sampans
(c) for the regulation and rnan.
or other vessels used as dwelling-places within tile waters of the
Colony and not plying for hire;

(d) for the registration, or licensing of such last-mentioned
vessels and of the people dwelling ill the same; and

(e) 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 con-
tained in Table U in the Regulations shall apply.

(9) In. case any greater number of persons or passengers
shail be taken or c arried in any vessel withinthe 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 such
vessel shall be guilty- of a misdemeanor,' and may be punished
therefor, without prejudice to any civil remedy, and.in addition
to, a ny penalty provid ed for under.the aforesaid regulations..

(io) The master. of every.junk shall. immediately on arrival
in.the waters of.the Colony, report such arrival at the Harbour
Master's office~ or at the nearest. Harbour Master's station, or,
if the said o,ffice or station is closed, as soon as possible after
it is again. openedJor 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)
.0) the name,. addres's 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 cargo 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.

(ii) The master of any junk about to leave an anchofage 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 intended departure, the nature of.the proposed
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 station, as the case may
be, at which the licence of such junk has been deposited, and
he will thereupon if there is no reasonable 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 station, as the case may be, and the reason
thereof and shall if so ~equired re-deposit the said licence.

(12) The Harbour Master or the officer in char ge of any
Harbour Master's station may, upon payment of the fee pre-
scribed in Table T in the Regulations, 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 authorize a trading junk licensed to trade only
within the waters of the Colony to leave the waters of the Colony
for one voyage only. The special permits shall be in the form
of entry in the junk's pass book as shown in the said Table T.

03) 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 necessary, and in such case
such vessel shall return to the former anchorage or place in port
when such 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
.s a.m. from April to September inclusive, without the written
permission of the Harbour Master.
(15) No. licence, special permit or 'receipt shall be used in





respect of any vessel other than the vessel therein specified. or for any
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 thereof, and whether the master
has been brought to trial or not, at the discretion of the court, be forfeited.

(16) It s hall 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 (15), when it
appears to him that such vessel is to be employed in the same
or a similar manner as a junk, and 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
be paid as for a junk.

(17) It shall be lawful for the Harbour. Master to order vessels to anchor
or secure. in such place as. fie 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 harbour and for the prevention of
disorder or confusion or otherwise as 'be may think fit.

(19) Every master of any vessel who shall, when within the waters of
the Colony, disobey any lawful orders of the Harbour Master, shall be liable
to a fine not exceeding one hundred dollars.

[(20), rep. NO. 7 of 1936.]

(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
nonproduction 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 unlawful ly obtained, -or
to be unlawfully used, to arrest such vessel and the cargo thereof
(if ariv) and the master, and deliver them into the custody of the
police:

(22) Every vessel, the master of which is charged with
having violated the provisions of this section, may be forthwith
arrested and detained,. unless bail to tile satisfaction of a magis-
trate is given, until lie shall either haye been acquitted, or, if
found guilty, shall have paid the fine inflicted upon him, and
in case lie shall fail 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 therefroffi the expenses of such sale and the amount
of su~-.li fine, shall be paid to the owner of the vessel if claimed
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 Alaster, which shall confer upon
such purchaser, 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' magistrates who shall t
have power, in their discretion, to extend the period allowed for 1
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 fails'to comply
with the provisions of sub-sections (io) or (ii), or who know-
t
ingly gives untrue particulars concerning the information which ~;
he is thereby required to furnish, shall be liable to a fine not c
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 j
sub-sections (13) or (.14) shall be liable to a fine not exceeding
t





two hundred dollars or to imprisonment for any term not
exceeding six months, and, further, such. yessel and the cargo
thereof may, in the discretion of the magistrates, be forfeited.
It shall be lawful for any harbour or police or revenue officer
to arrest within the waters of the Colony any junk or other
Chinese vessel except a licensed fishing junk leaving or attempt
ing to leave any anchorage or which lie 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 Colony, 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, prescribed for. junks by sub-sections
(i) or (2), respectively of section 25, then such junk shall.be
deemed to be 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, rep. 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 pro-
visions 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 this Ordinance, shall be
in force in this Colony, and in particular such as relate to rights
to wages and remedies 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

Setalso No. 25 of 1934 [Merchant Shipping (No. 2) Amendment], s. 5
and No. 22 of 1937 [Merchant Shipping Amendment], s. 2 (not yet
in force on 1.1.1938).
As amended by No. 28 of 1935 [1.7.35] and Law Rev. Ord., 1937.





seame n from imposition, to discipline, to official logs, and to
crimes committed abroad shall apply, mutatis mutandis and so
far as the same can be extended, to all ships. registered in this
Colony, when such ships ar'e 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 bv theSupreme Court in the same manner
as other misdemeanors ~.re tried, and may also, unless otherwise
expressly provided, instead of being prosecuted before the
Supreme Court, be prosecuted summarily in accordance with the
p~ocedure established by the Magistrates Ordinance, 1932, 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 Ship-
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 magis-
trate, and may b c punished by imprisonmeni for any term not
exceeding six months, or by a fine not exceeding one thousand
dollars.

(c) The provisions of the Magistrates Ordinance, 1932, with
regard to appeals shall apply to all summary convictions under
this section.
W* All offences against this Ordinance, except when other-
wise 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 other-
wise provided, may be recovered and enforced in a summary
manner; and a 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, I . 932, in respect of
offences triable on summary conviction.

OA) Where any foreign ship is detained ii * rider the Mer
chant Shipping (Safety and Load Line Conventions) Act, 1932,

Seealso No. 25 of 1934 [Merchant -Shipping (No. 2) Amendment], 5' 5
~nd No. 22 of 1937 [Merchant Shipping Amendment], s. 2 (not Yet
in force on.1.1.19M).





as extended to the, Colony, and where any proceedings are 'taken
under that Act against the master or.owner of any such ship,'
notice shall forthwith be given to'tlie nearest consular officer for
the country to which tl ' ie ship bel~ngs, and.such notice shall
specify the grounds on which the ship has been detained or the
proceedings have been taken..

. (4) Where no penalty is specially attached by this Ordin-
an&e. to the breach or infringement of any provision con-tained
therein, the same shall be punishable Py a fine not exceeding
two hundred dollars.

(,5) (a) Where, for the purposes of this Ordinance, any
document is to be served. on ans, person, that document may be
served-
(i) in any case ]:)v deliverirg a copy thereof personally to
the perso.n to be served, or by leaving the sarne at his 14st place
of abode; and

(ii) if the document 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 command or charge of the ship;
and

(iii) if the document is to be served on the master of a ship,
where there is no master, and the ship is in the Colony, on the
managing owner of the ship, or, if there is no managing owner,
on some agent of the owner residing 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
hundred dollars, and if the o~vner, agent or master of the ship
is party or privy to such ob struction, he shall be guilty of.a
misdemeanor.

(6) Where tinder this Ordinance it is enacted that, under
certain conditions, a ship shall not leave the waters of or any
port of the Colony, it shall be lawful for the Flarbour Master,





under such conditions, to detain the ship until lie is satisfied that
the provisions of the law have been fulfilled.

(7) Where under this Ordinance a ship is authorized 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 authoritv, the master of the ship,
and also the owner or agent, and anx, person wItio sends the ship
to sea, if such owner, agent or person is party or privy to the
offe nce, shall be liable to a fine not exceeding one thousand
dollars.:

(8) Where a ship so proceeding to sea takes to sea, when
on board thereof in the execution of his duty, any officer
authorized 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 one thousind dollars, or, if the offence is not
prosecuted summarily, not exceeding one hundred dollars for
every day until the officer or surveyor returns or until such lime
as'would enable him, after ]caving the ship, to return to the
port from ' which he was t,,,ken, 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 ],\lerchant 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, but 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.

(io) 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 ali just exceptions.





Regulations.

42.-(1) In addition to the powers hereinbefore given, it shall
be lawful for the Governor in Councilto make regulations-

-(a). for^the. purpose of prohibiting, restricting, regulati ng and
controlling. in~,any martner.whatsoever. the embarkation. or landing
of persons -or things on (r. from.veswls of all kinds;
(b) for the better' and. more effectual carrying out of the
provisions of this Ordinance;. and:

ing,'vary
(c) for amend' ing, rescinding,. revoking or suspend-
ing any of th Tables in the Re'ulations.
9
(2) In any.regulations or conditions made under this Ordin-,
ance, it shall be lawful for the Governor in-Councilto impose
penalties for the breach thereof, bul so, nevertheless, that the
penalty. shall not exceed two. hundred dollars, or six months'
imprisonment, with or without hard 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 1 assessor, such remuneration as this Ordinance directs or,
in so far as this Ordinance does not extend, as the Governor
may direct.

(2) There m ay be paid out of the revenue all costs and
compensation payable, by the Governor or the Government in
pursuance of this Ordinance..

(3). The fee's prescribed by' the Governor in Council are
hereby declared to be.payable tothe collector appointed by the
Governor, and the same and all other fees payable under this
Ordinance may be.recovered summarily before a magistrate.

Abstiact of the Ordinance.

44. An abstract of such portions of this Ordinance as the
Governor may approve, together with such other information as
he may deem expedient, the whole to be known as the Hong
Kong Port Regulations, shall be delivered to the master of every

As amended by No. 28 of 1935 [1.7.351 and Law. Rev. Ord., 1937.
As amended by No. 11 of 1931 111.9.311. . Fee of $2 prescribed by G.N.
619 of 2.10.1931.

vessel at the time when the vessel enters the waters of the Colony;
and if., before obtaining clearance, the master does -not return
such abstract to the Harbour Master, he shall pay such fee as
the Governor in Council shall prescribe for the same.

Ships of war.

45. This Ordinance shall not, except where otherwise
specially provided, apply to His Majesty's ships of war or to
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 trews thereof.

Ships propelled by electricity, etc.

46. Any provisions of this Ordinance applying to steamers
or steamships shall apply to ship's propelled by electricity or
other mechanical power, with such modifications as the Governor
may prescribe for the purpose of adaptation.
[Originally No. 36 of 1899. No. 5 of 1928. No. 18 of 1929. No. 5 of 1931. No. 11 of 1931. No. 23 of 1932. No. 28 of 1933. No. 6 of 1934. No. 28 of 1935. No. 7 of 1936. No. 46 of 1936. No. 47 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. [cf. 57 & 58 Vict. c. 60, s. 742.] [s. 2 contd.] [cf. No. 41 of 1932, s. 6.] 57 & 58 Vict. C. 60. 57 & 58 Vict. C. 60, s. 267. 22 Geo. 5, c. 9, s. 33. [s. 2 contd.] [cf. No. 6 of 1895, s. 2.] 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, and 22nd October, 1906.] Recognition of foreign certificates of competency of corresponding value to certificate granted under this Ordinance. Certificated officers of British ship, and foreign ship holding passenger certificate. [s. 4 contd.] [cf. 57 & 58 Vict. C. 60, s. 92(1).] British river steamers not exceeding 300 tons. Trawlers. [s. 4 contd.] British river steamers not exceeding 60 tons. Regulations Table E. Local steam or motor ferry vessels. Ship leaving without certificated officers or clearance. Penalty on employment of uncertificated person. [s. 4 contd.] Examination for certificates. Rules for examinations. [cf. 4 & 5 Geo. 5, c. 42, s. 1.] 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. 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 & 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. [s. 5 contd.] Shipping of seamen. Agreement to 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. Regulations Table I. [s. 5 contd.] Payment and deduction of fees. Regulations Table J. No seaman to be discharged without sanction and due provision for maintenance. Penalty on seaman for wrongfully remaining behind. Place of discharge. [s. 5 contd.] 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.] Regulations Table K. Penalty for keeping unlicensed boarding-house. Duties of boarding house keeper. [s. 6 contd.] Certificated 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 elsewhere than in the the Colony. Ship to carry medicines, medical stores, etc., in accordance with scale issued by Board 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. [s. 8 contd.] 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 contd.] 57 & 58 Vict. C. 60, s. 225. [s. 9 contd.] Payment of expenses. Interpretation. Passenger ship to be surveyed once a year. 57 & 58 Vict. C. 60, s. 271. (1) (a). [s. 10 contd.] 22 Geo. 5, c. 9 s. 36. Passenger ship not to clear without certificates of survey. 57 & 58 Vict. C 60, s. 271 (1) (b), (2). Appointment and remuneration of surveyors. [cf. 57 & 58 Vict. C. 60, s. 724 (1) & (3) and 22 Geo. 5, c. 9, s. 8.] Surveyor to have power to inspect ship, etc. [cf. 57 & 58 Vict. c. 60, s. 725.] [s. 10 contd.] Regulations as to surveys. 57 & 58 Vict. C. 60, s. 724 (3); 22 Geo. 5, c. 9, s. 1(1). Regulations Table C. [cf. 22 Geo. 5, c. 9, s. 1(1) (b).] [cf. 22 Geo. 5, c. 9, s. 1(1)(c).] [s. 10 contd.] [cf. 22 Geo. 5, c. 9, s. 1 (1)(a).] [cf. 22 Geo. 5, c. 9, s. 1 (1)(d).] Penalty for wrongfully receiving or offering fees. [cf. 57 & 58 Vict c. 60, s. 724 (4).] Owner to have survey made by surveyor, and surveyor to give certain declarations as to hull and equipments. 57 & 58 Vict. c. 60, s. 272. [s. 10 contd.] 22 Geo. 5, c. 9, s. 2 (1). 13 & 19 Vict. C. 104. Ordinance No. 30 of 1915. Regulations Table D. 57 & 58 Vict. C. 60, s. 272. 22 Geo. 5, c. 9, s. 5 (4). 22 Geo. 5, c. 9, s. 2(2). [s. 10 contd.] 22 Geo. 5, c. 9, s. 9 (2). Statement in declaration if ship is fit to ply in a special passenger trade only. 22 Geo. 5, c. 9, s. 2 (3). Transmission of declarations to Colonial Secretary. [cf. 57 & 58 Vict. C. 60, s. 273.] Issue of certificate. [cf. 57 & 58 Vict. c. 60, s.274.] [s. 10 contd.] 22 Geo. 5, c. 9, s. 15 (4). Delivery of certificate in duplicate. Appeal to Court of Survey. [cf. 57 & 58 Vict. C. 60, s. 275 (1).] 18 & 19 Vict. C. 104. Ordinance No. 30 of 1915. Regulations Table H. [cf. S. 20 (2).] Report of Court of Survey. [cf. 57 & 58 Vict. C. 60, s. 275 (2).] Costs. [cf. 57 & 58 Vict. C. 60, s. 275 (3).] No appeal in certain case. [cf. 57 & 58 Vict. C. 60, s. 275 (4).] Objections to constitution of Court. Regulations Table H. Fees to be paid for certificate. Regulations Table C. Duration of certificate. [cf. 57 & 58 Vict. c. 60, s. 278.] [cf. 57 & 58 Vict. c. 60, s. 280.] [s. 10 contd.] Governor may cancel certificate and require fresh declarations. [cf. 57 & 58 Vict. C. 60, s. 279.] Governor may cancel certificate where master is not in control of ship. Certificate to be placed in conspicuous part of ship. [cf. 57 & 58 Vict. c. 60, s. 281 (1), (2).] Surveyors to make returns of build and other particulars of ships, and owner, etc., to give information. [cf. 57 & 58 Vict. C. 60, s. 726.] Report of structural alteration. [cf. 22 Geo. 5, c. 9, s. 3 (1).] Further penalties for non-compliance with provisions relating to passenger surveys and certificates. Penalties for carrying passengers in excess of complement, [cf. 57 & 58 Vict. c. 60, s. 283.] Equipment of passenger ship. Safety valve. [cf. 57 & 58 Vict. c. 60, s. 285 (4).] [s. 11 contd.] Adjustment of compasses. [cf. 57 & 58 Vict. C. 60, s. 285 (1).] [1.7.35.] Signals. [cf. 57 & 58 Vict. C. 60, s. 435 (1).] Shelter for deck passengers. 18 & 19 Vict. C. 104. Ordinance No. 30 of 1915. Regulations Table D. Penalty for inadequate equipment. [cf. 57 & 58 Vict. c. 60, s. 285 (5).] In case of non-compliance Harbour Master to refuse clearance. [cf. 57 & 58 Vict. c. 60, s. 271 (2).] Regulations Table D. Penalty for improper weight on safely valve. [cf. 57 & 58 Vict. c. 60, s. 286.] Harbour Master may refuse clearance to ship carrying more passengers than allowed by certificate. [cf. 57 & 58 Vict. C. 60, s. 283.] Penalty for taking more passengers than allowed by clearance. [cf. 57 7 58 Vict. C. 60, s. 283.] Penalty on owner, etc., in like case. Production of passenger certificate. [cf. 57 & 58 Vict. c. 60, s. 271 (2).] Deck passengers. Application of Board of Trade life-saving appliances rules. 57 7 58 Vict. C. 60; 22 Geo. 5, c. 9. Duties of owners and masters as to carrying life-saving appliances. 57 & 58 Vict. C. 60, s. 428. Penalty for breach of rules or regulations applicable to ship. 57 7 58 Vict. C. 60, s. 440 (1). [s. 13 contd.] 22 Geo. 5, c. 3, s. 5 (2). Survey with respect to life-saving appliances. 22 Geo. 5, c. 9, s. 5 (3). Notice of deficiency. 22 Geo. 5, c. 9, s. 5 (3). Clearance not to be granted and ship to be detained until production of certificate of rectification. 22 Geo. 5, c. 9, s. 5 (3). Entry in log-book of boat drill and examination of life-saving appliances. 6 Edw. 7, c. 48, s. 9 (1). 22 Geo. 5, c. 9, s. 5 (5). Production of record. [cf. 5 Edw. 7, c. 48, s. 9 (2).] Penalty. 6 Edw. 7, c. 48, s. 4. Marking of deck-lines. 57 & 58 Vict. C. 60, s. 437. [s. 14 contd.] Marking of load-line. 57 & 58 Vict. C. 60, s. 438. Penalty for neglecting to mark lines, etc. 57 & 58 Vict. C. 60, s. 442 (1). [s. 14 contd.] Penalty for inaccurate marks. 57 & 58 Vict. C. 60, s. 439. [cf. s. 17 (5).] Delivery of written statement to Harbour master. [cf. 57 & 58 Vict. C. 60, s. 441.] Government Marine Surveyor to approve and certify on behalf of Governor. Regulations Table C. Ship to be kept marked. [cf. 57 & 58 Vict. c. 60, s. 734.] [s. 14 contd.] Restrictions on carriage of dangerous goods. Ordinance No. 1 of 1873. [cf. No. 17 of 1928, s. 7.] Penalty for misdescription of dangerous goods. Power to refuse to carry suspected goods. Ship carrying dangerous goods and more than 20 passengers. [s. 15 contd.] Power to throw overboard dangerous goods. Forfeiture of dangerous goods improperly sent or carried. Magistrate may proceed in absence of owner of goods. Saving of enactments relating to dangerous goods. Interpretation and provisions as to grain cargoes. [cf. 57 & 58 Vict. C. 60, s. 456.] Sending unseaworthy British ship to sea a misdemeanor. [cf. 57 7 58 Vict. C. 60, s. 457 (1).] Master knowingly taking unseaworthy British ship to sea. [cf. 57 & 58 Vict. C. 60, s. 457 (2).] Consent of Governor to prosecution. [cf. 57 & 58 Vict. C. 60, s. 457 (3).] Misdemeanor not punishable on summary conviction. [cf. 57 & 58 Vict. C. 60, s. 457 (4).] Power to detain unsafe ship and procedure for such detention. [cf. 57 & 58 Vict. c. 60. s. 459 (1).] [cf. s. 14 (5).] [s. 17 contd.] [cf. S. 20 (2).] [cf. S. 20 (2).] Liability of Government and of ship owner for costs and damages. [cf. 57 & 58 Vict. C. 60, s. 460.] [s. 17 contd.] Ordinance No. 3 of 1901, ss. 478 to 482. Power to require security for costs from complainant. [cf. 57 & 58 Vict. C. 60, s. 461.] Supplementary provisions as to detention of ships. [s. 17 contd.] [cf. 57 & 58 Vict. C. 60, s. 730.] Application to foreign ships of provision as to detention. [cf. 57 & 58 Vict. C. 60, s. 462.] Exceptions. [cf. 6 Edw. 7, c. 48, s. 6.] Governor may appoint Marine Court. 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. [s. 19 contd.] [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 commenced in the United Kingdom. Grounds for cancelling or suspending certificate. 57 7 58 Vict. C. 60, s. 470 (1). [cf. 57 & 58 Vict. c. 60, s. 422.] Decision of court. 57 & 58 Vict. c. 60, s. 470, (2).] Report to Board of Trade. 57 7 58 Vict. c. 60, s. 470 (3). Copy of report to be furnished. 57 & 58 Vict. c. 60, s. 470 (4). Board of Trade may order rehearing. Person who applies for court to assist it. 57 7 58 Vict. C. 60, s. 466. Further powers of court. Ordinance. No. 41 of 1932. [s. 19 contd.] Members to sign report. Delivery up of certificate. Re-hearing. Regulations as to procedure, fees, etc. Regulations Table G. Opportunity for defence. Report to Harbour Master of accident to ship. 57 7 58 Vict. C. 60, s. 425. [s. 19A contd.] Constitution, powers and procedure of Court of Survey. [cf. 57 & 58 Vict. C. 60, s. 488.] Regulations as to procedure fees, etc. Regulations Table H. Power to order payment of costs of investigation. Ordinance No. 41 of 1932. 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. Harbour Master and Health Officer to be allowed on board at once. Regulations Table K (A). [cf. No. 7 of 1926, s. 16.] Ship to be moored where ordered, and not removed without permission. [s. 22 contd.] Owner, agents and charterers liable where ship is without a master. Ship to be entered within 24 hours. Directions of Harbour Master to be followed. Blue Peter to be hoisted and port clearance to be obtained before departure. [1.2.36.] Fairway to be kept clear. Lights on junks [s. 25 contd.] Ship to exhibit light at night. Precautions in case of fire or disturbance. Governor in Council may make regulations. Regulations 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. Regulations Table N. Refusing to pay fare. [s. 26 contd.] Obstruction of wharves, lying off prays at night, etc. Regulations Table N. [s. 26 contd.] Firearms not to be used except in certain cases. Regulations Table O. Harbour Master may remove obstruction, etc. Government moorings. Private moorings. Moorings of hulks, etc. Use of moorings. Regulations. Regulations Table O (A). Regulations for fishing stations, stakes and nets. Regulations Table V. Power to order removal of stakes. Fees payable. Regulations Table V. Regulations for fishing generally. Regulations Table V. Penalty. Boarding of vessels for police purposes. Arrest on board of offender. Authority to stop vessel. Interpretation. [cf. 57 7 58 Vict. C. 60, s. 642.] 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. Regulations Table P. Power to Governor in Council to regulate dues. Posting of tables and regulations. [cf. 57 & 58 Vict. C. 60, s. 647.] Ship not to be cleared without production of receipt for dues. [cf. 57 & 58 Vict. c. 60, s. 651.] Power of distress for dues. [cf. 57 & 58 Vict. c. 60, s. 650.] 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. [cf. 57 & 58 Vict. C. 60, s. 666.] Regulations Table M (V). Application of ss. 31-33 to Gap Rock lighthouse. Harbour Master may prohibit false light. [cf. 57 & 58 Vict. C. 60, s. 667 (1) to (3).] Harbour Master may abate false light. [cf. 57 & 58 Vict. C. 60, s. 667 (4).] 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 specified place. Red flag to be exhibited. Vessel not to anchor within 500 yards of any other vessel. Mode of proceeding when explosives are to be exported. No gunpowder to be shipped, etc., at night. Limit of storage without written permissions. [cf. Regulations, Table Q. Reg. 7.] Search warrant. Regulations for carrying our provisions of s. 36. Regulations Tables Q & R. 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. [s. 37 contd.] Regulations. Table E. Anchorages. Offences and penalty. Launch, ferry vessel or motor boat carrying an excessive number of persons. Safety valve of licensed launch or ferry vessel. [s. 37 contd.] Safety valve of unlicensed launch or ferry vessel. Unseaworthiness. Inspection. Cancellation or suspension of licence by Harbour Master. Cancellation of 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. Regulations as to passenger certificates for river steamers. Regulations Table F. Classification of junks. Regulations Tables T & U. Definition of master. Harbour Master's stations. Anchorages for junks. Regulations. Table 8. Penalty for failure to take out licence. Licences only in one class. Trading junk licences. [s. 30 contd.] Fishing junk licences. Licences for lighters, cargo boats, hulks and small boats. Regulations for licensing of junks, etc. [s. 39 contd.] Regulations Table U. Penalty where overcrowding results in drowning of passengers. Report of arrival and particulars to be furnished. [s. 39 contd.] Flag to be hoisted before departure; clearance. Special permits. Regulations 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).] Licences to other vessels. Junks and other craft to be subject to order of Harbour Master. Discipline of harbour. Penalty for disobeying Harbour Master's orders. [1.2.36.] 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 & (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 to fault for collision. Application of certain parts of Merchant Shipping Acts. [cf. 57 7 58 Vict. C. 60, s. 735.] [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. 41 of 1932. [cf. 57 & 58 Vict. C. 60, s. 680.] Ordinance No. 41 of 1932. Trial of offences and recovery of penalties, expenses, etc., under the Ordinance. [cf. 22 Geo. 5, c. 9, s. 72 and No. 41 of 1932, s. 62.] Notice to be given to nearest con- sular officer where proceedings taken in respect of a foreign ship under Merchant Shipping Act, 1932, as extended to Colony. 22 Geo. 5, c. 9 s. 69. Penalty for offences not specially provided for. Service of documents. [cf. 57 & 58 Vict. C. 60, s. 696 (1).] Obstructing service. [cf. 57 & 58 Vict. c. 60, s. 696 (2).] Power to detain ship in certain cases. [cf. 57 & 58 Vict. C. 60, s. 692 (3).] Penalty for taking detained ship to sea. [cf. 57 & 58 Vict. C. 60, s. 692 (1).] Penalty for taking to sea officer authorized to detain ship, etc. [cf. 57 & 58 Vict. C. 60, s. 692 (2).] Rule as to proof of exception, etc. [cf. 57 & 58 Vict. c. 60, s. 697.] Use of official log and articles of agreement as evidence. [cf. 57 & 58 Vict. c. 60, s. 239 (6).] Regulations Regulations Table Y. Power to impose penalties. Payment of remuneration to certain persons. Costs and compensation. Fees. [cf. Regulations, Tables B, C, E, H, I, J, P, R, T, U, & V.] Abstract of portions of Ordinance to be given to master on arrival. Exemptions. Application of Ordinance to ships propelled by electricity, etc.

[Originally No. 36 of 1899. No. 5 of 1928. No. 18 of 1929. No. 5 of 1931. No. 11 of 1931. No. 23 of 1932. No. 28 of 1933. No. 6 of 1934. No. 28 of 1935. No. 7 of 1936. No. 46 of 1936. No. 47 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. [cf. 57 & 58 Vict. c. 60, s. 742.] [s. 2 contd.] [cf. No. 41 of 1932, s. 6.] 57 & 58 Vict. C. 60. 57 & 58 Vict. C. 60, s. 267. 22 Geo. 5, c. 9, s. 33. [s. 2 contd.] [cf. No. 6 of 1895, s. 2.] 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, and 22nd October, 1906.] Recognition of foreign certificates of competency of corresponding value to certificate granted under this Ordinance. Certificated officers of British ship, and foreign ship holding passenger certificate. [s. 4 contd.] [cf. 57 & 58 Vict. C. 60, s. 92(1).] British river steamers not exceeding 300 tons. Trawlers. [s. 4 contd.] British river steamers not exceeding 60 tons. Regulations Table E. Local steam or motor ferry vessels. Ship leaving without certificated officers or clearance. Penalty on employment of uncertificated person. [s. 4 contd.] Examination for certificates. Rules for examinations. [cf. 4 & 5 Geo. 5, c. 42, s. 1.] 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. 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 & 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. [s. 5 contd.] Shipping of seamen. Agreement to 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. Regulations Table I. [s. 5 contd.] Payment and deduction of fees. Regulations Table J. No seaman to be discharged without sanction and due provision for maintenance. Penalty on seaman for wrongfully remaining behind. Place of discharge. [s. 5 contd.] 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.] Regulations Table K. Penalty for keeping unlicensed boarding-house. Duties of boarding house keeper. [s. 6 contd.] Certificated 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 elsewhere than in the the Colony. Ship to carry medicines, medical stores, etc., in accordance with scale issued by Board 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. [s. 8 contd.] 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 contd.] 57 & 58 Vict. C. 60, s. 225. [s. 9 contd.] Payment of expenses. Interpretation. Passenger ship to be surveyed once a year. 57 & 58 Vict. C. 60, s. 271. (1) (a). [s. 10 contd.] 22 Geo. 5, c. 9 s. 36. Passenger ship not to clear without certificates of survey. 57 & 58 Vict. C 60, s. 271 (1) (b), (2). Appointment and remuneration of surveyors. [cf. 57 & 58 Vict. C. 60, s. 724 (1) & (3) and 22 Geo. 5, c. 9, s. 8.] Surveyor to have power to inspect ship, etc. [cf. 57 & 58 Vict. c. 60, s. 725.] [s. 10 contd.] Regulations as to surveys. 57 & 58 Vict. C. 60, s. 724 (3); 22 Geo. 5, c. 9, s. 1(1). Regulations Table C. [cf. 22 Geo. 5, c. 9, s. 1(1) (b).] [cf. 22 Geo. 5, c. 9, s. 1(1)(c).] [s. 10 contd.] [cf. 22 Geo. 5, c. 9, s. 1 (1)(a).] [cf. 22 Geo. 5, c. 9, s. 1 (1)(d).] Penalty for wrongfully receiving or offering fees. [cf. 57 & 58 Vict c. 60, s. 724 (4).] Owner to have survey made by surveyor, and surveyor to give certain declarations as to hull and equipments. 57 & 58 Vict. c. 60, s. 272. [s. 10 contd.] 22 Geo. 5, c. 9, s. 2 (1). 13 & 19 Vict. C. 104. Ordinance No. 30 of 1915. Regulations Table D. 57 & 58 Vict. C. 60, s. 272. 22 Geo. 5, c. 9, s. 5 (4). 22 Geo. 5, c. 9, s. 2(2). [s. 10 contd.] 22 Geo. 5, c. 9, s. 9 (2). Statement in declaration if ship is fit to ply in a special passenger trade only. 22 Geo. 5, c. 9, s. 2 (3). Transmission of declarations to Colonial Secretary. [cf. 57 & 58 Vict. C. 60, s. 273.] Issue of certificate. [cf. 57 & 58 Vict. c. 60, s.274.] [s. 10 contd.] 22 Geo. 5, c. 9, s. 15 (4). Delivery of certificate in duplicate. Appeal to Court of Survey. [cf. 57 & 58 Vict. C. 60, s. 275 (1).] 18 & 19 Vict. C. 104. Ordinance No. 30 of 1915. Regulations Table H. [cf. S. 20 (2).] Report of Court of Survey. [cf. 57 & 58 Vict. C. 60, s. 275 (2).] Costs. [cf. 57 & 58 Vict. C. 60, s. 275 (3).] No appeal in certain case. [cf. 57 & 58 Vict. C. 60, s. 275 (4).] Objections to constitution of Court. Regulations Table H. Fees to be paid for certificate. Regulations Table C. Duration of certificate. [cf. 57 & 58 Vict. c. 60, s. 278.] [cf. 57 & 58 Vict. c. 60, s. 280.] [s. 10 contd.] Governor may cancel certificate and require fresh declarations. [cf. 57 & 58 Vict. C. 60, s. 279.] Governor may cancel certificate where master is not in control of ship. Certificate to be placed in conspicuous part of ship. [cf. 57 & 58 Vict. c. 60, s. 281 (1), (2).] Surveyors to make returns of build and other particulars of ships, and owner, etc., to give information. [cf. 57 & 58 Vict. C. 60, s. 726.] Report of structural alteration. [cf. 22 Geo. 5, c. 9, s. 3 (1).] Further penalties for non-compliance with provisions relating to passenger surveys and certificates. Penalties for carrying passengers in excess of complement, [cf. 57 & 58 Vict. c. 60, s. 283.] Equipment of passenger ship. Safety valve. [cf. 57 & 58 Vict. c. 60, s. 285 (4).] [s. 11 contd.] Adjustment of compasses. [cf. 57 & 58 Vict. C. 60, s. 285 (1).] [1.7.35.] Signals. [cf. 57 & 58 Vict. C. 60, s. 435 (1).] Shelter for deck passengers. 18 & 19 Vict. C. 104. Ordinance No. 30 of 1915. Regulations Table D. Penalty for inadequate equipment. [cf. 57 & 58 Vict. c. 60, s. 285 (5).] In case of non-compliance Harbour Master to refuse clearance. [cf. 57 & 58 Vict. c. 60, s. 271 (2).] Regulations Table D. Penalty for improper weight on safely valve. [cf. 57 & 58 Vict. c. 60, s. 286.] Harbour Master may refuse clearance to ship carrying more passengers than allowed by certificate. [cf. 57 & 58 Vict. C. 60, s. 283.] Penalty for taking more passengers than allowed by clearance. [cf. 57 7 58 Vict. C. 60, s. 283.] Penalty on owner, etc., in like case. Production of passenger certificate. [cf. 57 & 58 Vict. c. 60, s. 271 (2).] Deck passengers. Application of Board of Trade life-saving appliances rules. 57 7 58 Vict. C. 60; 22 Geo. 5, c. 9. Duties of owners and masters as to carrying life-saving appliances. 57 & 58 Vict. C. 60, s. 428. Penalty for breach of rules or regulations applicable to ship. 57 7 58 Vict. C. 60, s. 440 (1). [s. 13 contd.] 22 Geo. 5, c. 3, s. 5 (2). Survey with respect to life-saving appliances. 22 Geo. 5, c. 9, s. 5 (3). Notice of deficiency. 22 Geo. 5, c. 9, s. 5 (3). Clearance not to be granted and ship to be detained until production of certificate of rectification. 22 Geo. 5, c. 9, s. 5 (3). Entry in log-book of boat drill and examination of life-saving appliances. 6 Edw. 7, c. 48, s. 9 (1). 22 Geo. 5, c. 9, s. 5 (5). Production of record. [cf. 5 Edw. 7, c. 48, s. 9 (2).] Penalty. 6 Edw. 7, c. 48, s. 4. Marking of deck-lines. 57 & 58 Vict. C. 60, s. 437. [s. 14 contd.] Marking of load-line. 57 & 58 Vict. C. 60, s. 438. Penalty for neglecting to mark lines, etc. 57 & 58 Vict. C. 60, s. 442 (1). [s. 14 contd.] Penalty for inaccurate marks. 57 & 58 Vict. C. 60, s. 439. [cf. s. 17 (5).] Delivery of written statement to Harbour master. [cf. 57 & 58 Vict. C. 60, s. 441.] Government Marine Surveyor to approve and certify on behalf of Governor. Regulations Table C. Ship to be kept marked. [cf. 57 & 58 Vict. c. 60, s. 734.] [s. 14 contd.] Restrictions on carriage of dangerous goods. Ordinance No. 1 of 1873. [cf. No. 17 of 1928, s. 7.] Penalty for misdescription of dangerous goods. Power to refuse to carry suspected goods. Ship carrying dangerous goods and more than 20 passengers. [s. 15 contd.] Power to throw overboard dangerous goods. Forfeiture of dangerous goods improperly sent or carried. Magistrate may proceed in absence of owner of goods. Saving of enactments relating to dangerous goods. Interpretation and provisions as to grain cargoes. [cf. 57 & 58 Vict. C. 60, s. 456.] Sending unseaworthy British ship to sea a misdemeanor. [cf. 57 7 58 Vict. C. 60, s. 457 (1).] Master knowingly taking unseaworthy British ship to sea. [cf. 57 & 58 Vict. C. 60, s. 457 (2).] Consent of Governor to prosecution. [cf. 57 & 58 Vict. C. 60, s. 457 (3).] Misdemeanor not punishable on summary conviction. [cf. 57 & 58 Vict. C. 60, s. 457 (4).] Power to detain unsafe ship and procedure for such detention. [cf. 57 & 58 Vict. c. 60. s. 459 (1).] [cf. s. 14 (5).] [s. 17 contd.] [cf. S. 20 (2).] [cf. S. 20 (2).] Liability of Government and of ship owner for costs and damages. [cf. 57 & 58 Vict. C. 60, s. 460.] [s. 17 contd.] Ordinance No. 3 of 1901, ss. 478 to 482. Power to require security for costs from complainant. [cf. 57 & 58 Vict. C. 60, s. 461.] Supplementary provisions as to detention of ships. [s. 17 contd.] [cf. 57 & 58 Vict. C. 60, s. 730.] Application to foreign ships of provision as to detention. [cf. 57 & 58 Vict. C. 60, s. 462.] Exceptions. [cf. 6 Edw. 7, c. 48, s. 6.] Governor may appoint Marine Court. 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. [s. 19 contd.] [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 commenced in the United Kingdom. Grounds for cancelling or suspending certificate. 57 7 58 Vict. C. 60, s. 470 (1). [cf. 57 & 58 Vict. c. 60, s. 422.] Decision of court. 57 & 58 Vict. c. 60, s. 470, (2).] Report to Board of Trade. 57 7 58 Vict. c. 60, s. 470 (3). Copy of report to be furnished. 57 & 58 Vict. c. 60, s. 470 (4). Board of Trade may order rehearing. Person who applies for court to assist it. 57 7 58 Vict. C. 60, s. 466. Further powers of court. Ordinance. No. 41 of 1932. [s. 19 contd.] Members to sign report. Delivery up of certificate. Re-hearing. Regulations as to procedure, fees, etc. Regulations Table G. Opportunity for defence. Report to Harbour Master of accident to ship. 57 7 58 Vict. C. 60, s. 425. [s. 19A contd.] Constitution, powers and procedure of Court of Survey. [cf. 57 & 58 Vict. C. 60, s. 488.] Regulations as to procedure fees, etc. Regulations Table H. Power to order payment of costs of investigation. Ordinance No. 41 of 1932. 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. Harbour Master and Health Officer to be allowed on board at once. Regulations Table K (A). [cf. No. 7 of 1926, s. 16.] Ship to be moored where ordered, and not removed without permission. [s. 22 contd.] Owner, agents and charterers liable where ship is without a master. Ship to be entered within 24 hours. Directions of Harbour Master to be followed. Blue Peter to be hoisted and port clearance to be obtained before departure. [1.2.36.] Fairway to be kept clear. Lights on junks [s. 25 contd.] Ship to exhibit light at night. Precautions in case of fire or disturbance. Governor in Council may make regulations. Regulations 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. Regulations Table N. Refusing to pay fare. [s. 26 contd.] Obstruction of wharves, lying off prays at night, etc. Regulations Table N. [s. 26 contd.] Firearms not to be used except in certain cases. Regulations Table O. Harbour Master may remove obstruction, etc. Government moorings. Private moorings. Moorings of hulks, etc. Use of moorings. Regulations. Regulations Table O (A). Regulations for fishing stations, stakes and nets. Regulations Table V. Power to order removal of stakes. Fees payable. Regulations Table V. Regulations for fishing generally. Regulations Table V. Penalty. Boarding of vessels for police purposes. Arrest on board of offender. Authority to stop vessel. Interpretation. [cf. 57 7 58 Vict. C. 60, s. 642.] 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. Regulations Table P. Power to Governor in Council to regulate dues. Posting of tables and regulations. [cf. 57 & 58 Vict. C. 60, s. 647.] Ship not to be cleared without production of receipt for dues. [cf. 57 & 58 Vict. c. 60, s. 651.] Power of distress for dues. [cf. 57 & 58 Vict. c. 60, s. 650.] 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. [cf. 57 & 58 Vict. C. 60, s. 666.] Regulations Table M (V). Application of ss. 31-33 to Gap Rock lighthouse. Harbour Master may prohibit false light. [cf. 57 & 58 Vict. C. 60, s. 667 (1) to (3).] Harbour Master may abate false light. [cf. 57 & 58 Vict. C. 60, s. 667 (4).] 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 specified place. Red flag to be exhibited. Vessel not to anchor within 500 yards of any other vessel. Mode of proceeding when explosives are to be exported. No gunpowder to be shipped, etc., at night. Limit of storage without written permissions. [cf. Regulations, Table Q. Reg. 7.] Search warrant. Regulations for carrying our provisions of s. 36. Regulations Tables Q & R. 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. [s. 37 contd.] Regulations. Table E. Anchorages. Offences and penalty. Launch, ferry vessel or motor boat carrying an excessive number of persons. Safety valve of licensed launch or ferry vessel. [s. 37 contd.] Safety valve of unlicensed launch or ferry vessel. Unseaworthiness. Inspection. Cancellation or suspension of licence by Harbour Master. Cancellation of 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. Regulations as to passenger certificates for river steamers. Regulations Table F. Classification of junks. Regulations Tables T & U. Definition of master. Harbour Master's stations. Anchorages for junks. Regulations. Table 8. Penalty for failure to take out licence. Licences only in one class. Trading junk licences. [s. 30 contd.] Fishing junk licences. Licences for lighters, cargo boats, hulks and small boats. Regulations for licensing of junks, etc. [s. 39 contd.] Regulations Table U. Penalty where overcrowding results in drowning of passengers. Report of arrival and particulars to be furnished. [s. 39 contd.] Flag to be hoisted before departure; clearance. Special permits. Regulations 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).] Licences to other vessels. Junks and other craft to be subject to order of Harbour Master. Discipline of harbour. Penalty for disobeying Harbour Master's orders. [1.2.36.] 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 & (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 to fault for collision. Application of certain parts of Merchant Shipping Acts. [cf. 57 7 58 Vict. C. 60, s. 735.] [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. 41 of 1932. [cf. 57 & 58 Vict. C. 60, s. 680.] Ordinance No. 41 of 1932. Trial of offences and recovery of penalties, expenses, etc., under the Ordinance. [cf. 22 Geo. 5, c. 9, s. 72 and No. 41 of 1932, s. 62.] Notice to be given to nearest con- sular officer where proceedings taken in respect of a foreign ship under Merchant Shipping Act, 1932, as extended to Colony. 22 Geo. 5, c. 9 s. 69. Penalty for offences not specially provided for. Service of documents. [cf. 57 & 58 Vict. C. 60, s. 696 (1).] Obstructing service. [cf. 57 & 58 Vict. c. 60, s. 696 (2).] Power to detain ship in certain cases. [cf. 57 & 58 Vict. C. 60, s. 692 (3).] Penalty for taking detained ship to sea. [cf. 57 & 58 Vict. C. 60, s. 692 (1).] Penalty for taking to sea officer authorized to detain ship, etc. [cf. 57 & 58 Vict. C. 60, s. 692 (2).] Rule as to proof of exception, etc. [cf. 57 & 58 Vict. c. 60, s. 697.] Use of official log and articles of agreement as evidence. [cf. 57 & 58 Vict. c. 60, s. 239 (6).] Regulations Regulations Table Y. Power to impose penalties. Payment of remuneration to certain persons. Costs and compensation. Fees. [cf. Regulations, Tables B, C, E, H, I, J, P, R, T, U, & V.] Abstract of portions of Ordinance to be given to master on arrival. Exemptions. Application of Ordinance to ships propelled by electricity, etc.

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