MARINE STORES PROTECTION ORDINANCE
Title
MARINE STORES PROTECTION ORDINANCE
Description
CHAPTER 143.
MARINE STORES
PROTECTION.
For the more effectual Protection of marine stores.
[18th July, 1919.]
1. This Ordinance may be cited as the Marine Stores
Protection Ordinance.
2. In this Ordinance-
'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;
'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;
' 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 thereunder, on such
conditions as to fees and subject to such regulations as may be inade
by the Governor in Council. Such regulations may prescribe offences
in respect of breach thereof and penalties therefor : Provided that no
penalty so prescribed shall exceed a fine of one thousand dollars or
imprisonment for three niontlis.
5. Every dealer in marine stores shall keep books fairly written,
and shall enter therein an account of all such marine stores as lie 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 such 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 account to
the satisfaction of the magistrate as to how he came by the same shall
upon summary conviction be liable to a fine of one thousand dollars or
to imprisonment for 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 lias
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 enclosed, 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 an any person to gather or search for
stores in the waters of the Colony, or to creep, sweep, or dredge in
such waters, without permission in writing from the Director of Marine,
or frorn some person authorized by the Director of Marine in that
behalf (proof of which permission shall lie on the party accused).
12. Any person who acts in contravention of any of the
provisions contained in sections 3, 5, 6, 7, 8, 9 and 11 shall upon
summary conviction be liable to a fine of one thousand dollars or to
imprisonment for three months.
13. 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.
14. Any 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. [16]
15. 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. [117]
Originally 13 of 1919. Fraser 13 of 1919. 22 of 1950. 27 of 1950. 37 of 1950. Short title. Interpretation. Licence of dealing in or collecting marine stores. Conditions of licence. Keeping of books by dealer. Power to inspect goods, books, etc. No dealing in provisions. Purchases of marine stores. Sale of marine stores. Penalty person found in possession of marine stores and not accounting for them. 22 of 1950, Schedule. [s. 10 cont.] Unauthorized person not to dredge. 37 of 1950, Schedule. Penalties. 22 of 1950, Schedule. Power to apprehend suspected offenders. Power to stop and search boats, persons, etc. 38 & 39 Vict. C. 25, s. 6. 37 of 1950, Schedule. Saving of liability under other Ordinances.
Abstract
Originally 13 of 1919. Fraser 13 of 1919. 22 of 1950. 27 of 1950. 37 of 1950. Short title. Interpretation. Licence of dealing in or collecting marine stores. Conditions of licence. Keeping of books by dealer. Power to inspect goods, books, etc. No dealing in provisions. Purchases of marine stores. Sale of marine stores. Penalty person found in possession of marine stores and not accounting for them. 22 of 1950, Schedule. [s. 10 cont.] Unauthorized person not to dredge. 37 of 1950, Schedule. Penalties. 22 of 1950, Schedule. Power to apprehend suspected offenders. Power to stop and search boats, persons, etc. 38 & 39 Vict. C. 25, s. 6. 37 of 1950, Schedule. Saving of liability under other Ordinances.
Identifier
https://oelawhk.lib.hku.hk/items/show/1936
Edition
1950
Volume
v4
Subsequent Cap No.
143
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MARINE STORES PROTECTION ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 17, 2024, https://oelawhk.lib.hku.hk/items/show/1936.