SUNDAY CARGO WORKING ORDINANCE

SUNDAY CARGO WORKING ORDINANCE

CHAPTER 84.

SUNDAY CARGO WORKING.

To amend the law relating to the restriction of the loading, working
and dischaTging of cargo on Sunday.

[28th June 1929.]

1. This Ordinance may be cited as the Sunday Cargo

Working Ordinance.

2. In this Ordinance

'cargo' does not include coal for the ship's bunkers, fuel oil, water or
other necessaries for the use of the ship, mails, personal luggage,
live stock, ice, meat, fish, milk, cream, bread, confectionery, fruit,
vegetables, flowers and other articles of a perishable nature;

'Director of Marine' includes any person authorized or deputed by
the Director of Marine to perform any duty vested in or imposed
upon him by this Ordinance ;

'ship' includes every description of vessel used in navigation, over
sixty tons net register, propelled by machinery.

3. (1) No persoii shall receive on board, load on,

work on or alongside, or discharge from, any ship any cargo on
Sunday except under and in accordance with a permit issued by the
Director of Marine under this Ordinance

(2) If any cargo is received on board, loaded on,

worked on or alongside, or discharged from, any ship contrary to any
of the provisions of subsection (I), the master, and the owners,
charterers (if any) and agents, of that ship shall, without prejudice to
the criminal liability of themselves or of any other person, be deemed
jointly and severally to have incurred a debt to the Crown, by way of
forfeiture, equal to twice the amount of the Sunday, permit fee which
would have been payable under, this Ordinance in respect of that ship.

4. The Governor in Council may by regulations

prescribe or provide for-






(a) the form of Sunday permits;

(b)the imposition of obligations on the applicants for and
holders of Sunday permits, and on the owners, charterers,
agents and masters of ships on or from which cargo is
received, loaded, worked oi. discharged on Sunday;

(c) fees to be payable for Sunday permits;

(d)any other purpose which the Governor in Council may
consider desirable in order to restrict the receiving, loading,
working or discharging of cargo on or from ships on
Sunday;

(e)excluding any specified ship or class of ship from the
operation of this Ordinance.

(I) Subject to the provisions of subsection (2), the fee payable
in respect of any Sunday permit shall be paid within seven days after
the date of issue, and if it is not so paid it shall be deemed to be a debt
due to the Crown jointly and severally by the owners, charterers (if
any), agents and master of the ship in respect of which the permit was
granted.

(2) The fee shall not be payable if the holder of the Sunday permit
satisfies the Director of Marine that no cargo was received on board,
loaded or discharged on or froin the ship on the Sunday for which the
permit was issued, and if the holder has also complied with all the
provisions of this Ordinance and of any regulations made thereunder
so far as such provisions may relate to the said permit.

6. (1) Any person who contravenes any of the provisions of this
Ordinance shall upon summary conviction be liable to a fine of one
thousand dollars.

(2) Regulations under section 4 maY provide that a breach of any
such regulation shall be an offence and may prescribe penalties
therefor : Provided that no penalty so prescribed shall exceed a fine of
one thousand dollars.
Originally 7 of 1929. Fraser 7 of 1929. Short title. Interpretation. Prohibition of Sunday working. Regulations. [s. 4 cont.] Recovery of fees. Penalty.

Originally 7 of 1929. Fraser 7 of 1929. Short title. Interpretation. Prohibition of Sunday working. Regulations. [s. 4 cont.] Recovery of fees. Penalty.

https://oelawhk.lib.hku.hk/items/show/1780

1950

v2

84

2