MARINE STORES PROTECTION ORDINANCE, 1919

MARINE STORES PROTECTION ORDINANCE, 1919

No. 13 of 1919.

An Ordinance for the more effectual Protection of marine stores.

[18th July,1919.]

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

2. In this Ordinance,

(a) ' Dealer in marine stores ' means any person who keeps a shop for
dealing in, buying or selling marine stores, whether solely or together with
other articles;

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

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

3. No person shall carry on the trade or business of a dealer in marine
stores, or shall be a marine stores collector, unless he is the holder of a
licence for that purpose, and no licence shall be granted to a marine stores
collector except through and on the application of a dealer in marine stores
who shall give security in such. sum as may be fixed by the Governor in
Council by regulation for every marine stores collector to whom a licence is
granted on his application for the performance and observance by such
collector of the conditions of such licence and of the regulations affecting
the same, and of the provisions of this Ordinance,





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

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

6.-(1) Every person to whom a licence is granted under
section 4 shall, whenever thereunto required by any police officer
not below the rank of inspector, or by any constable bearing a
written order in that behalf under the hand of a Superintendent
of Police produce for the inspection of the party so requiring him
all or any marine stores in his, possession or subject to his control
and all books and papers relating to the same.

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

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

8. No marine stores collector shall buy any marine stores of
a kind in which the dealer through whom he obtained his licence
does not deal.

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

10.(1) Every person conveying or having in his possession
or keeping any manner of marine stores who does not give an

As amended by Law Rev. Ord., 1939, Supp. Sched.





account to the satisfaction of the magistrate as to how he came
by the same shall upon summary conviction be liable to a fine
not exceeding two hundred and fifty dollars or to imprisonment
for any term not exceeding three months.

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

11. It shall not be lawful for any person without permission
in writing from the Harbour Master to dredge in the waters of
the Colony between a line drawn from the westernmost point of
the Island of Hong Kong to the western side of Green Island
and continued to the western point of Stonecutters Island and
frorn thence to the Naval Torpedo Range at Laichikok on the
west and the Lye mun Pass on the.east.

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

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

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

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





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

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

17. Nothing in this Ordinance shall prevent any person from
being liable to prosecution under any other Ordinance which is
applicable: Provided that no person shall be punished twice
for the same offence.

SCHEDULE [s. 13.]

Marks appropriate, for His Majesty's use in or on naval and
victualling stores.

[Orginally No. 13 of 1919.] No. 18 of 1929. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Licence for dealing in or collecting marine stores. Conditions of licence. Keeping of books by dealer. Power to inspect goods, books, etc.* Prohibition of trafficking in provisions by dealer or collector. Restriction on buying of marine stores by collector.* Prohibitions of sale marine stores by collector. Penalty on person found in possession of marine stores and not accounting for them. Unauthorized person not to sweep or dredge within certain limits. Penalties. Appropriation of marks for His Majest's stores. Schedule. Penalty for unlawful application of same. Penalty for obliterating marks on His Majesty's stores. Power to apprehend suspected offenders. [cf. No. 16 of 1930, s. 23, and No. 41 of 1932, s. 41.] Power to stop and search boats, persons, etc. 38 & 39 Vict. c. 25, s. 6. [cf. 25, s. 6. [cf. No. 37 of 1932, s. 21] Saving of liability under other Ordinance.

[Orginally No. 13 of 1919.] No. 18 of 1929. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Licence for dealing in or collecting marine stores. Conditions of licence. Keeping of books by dealer. Power to inspect goods, books, etc.* Prohibition of trafficking in provisions by dealer or collector. Restriction on buying of marine stores by collector.* Prohibitions of sale marine stores by collector. Penalty on person found in possession of marine stores and not accounting for them. Unauthorized person not to sweep or dredge within certain limits. Penalties. Appropriation of marks for His Majest's stores. Schedule. Penalty for unlawful application of same. Penalty for obliterating marks on His Majesty's stores. Power to apprehend suspected offenders. [cf. No. 16 of 1930, s. 23, and No. 41 of 1932, s. 41.] Power to stop and search boats, persons, etc. 38 & 39 Vict. c. 25, s. 6. [cf. 25, s. 6. [cf. No. 37 of 1932, s. 21] Saving of liability under other Ordinance.

https://oelawhk.lib.hku.hk/items/show/1557

1937

v3

No. 13 of 1919

4