HARBOUR AND COASTS ORDINANCE HONGKONG, 1866
Title
HARBOUR AND COASTS ORDINANCE HONGKONG, 1866
Description
No. 6 of 1866.
Harbor and Coasts.
An Ordinince for the better Regulation and Control of certain Vessels
frequenting the Maters of Hongkong.
[14th August 1866.]
'~'I3BIi,EAS it is expedient to make provision for the regulation and
control of
junks within the waters of the Colony of Hongl:oug: Be it enacted by His
Excellency the Governor of Hongkong, with the advice of the Legislative
Council
thereof, as follows:- '
ai,e cicie, 1. This Ordinance may be cited for all purposes as 'The
Harbor _;tind Coasts
Ordinance Hona);onb 1866.'
2. In the construction of this Ordinance the term 'Junk', shad i~e& everg
sea,'
aoinb Chinese or other vessel not corning within the pxovisior(ts of
section y of ~Ordi
dance No. 1 of 186`?, and not being a fishing boat or' vessel- licensed
tundo,~tny
29 of this Ordinance or a boat or vessel licensed by the Registi*ar:
Gerl,eral to :~
within the waters of the Colony ruder section 1G of Ordinance No. 8 of
l$5--8. ~~- r:~ ~F°
iuicenaea jum;a The test 'Licensed Junk ' shall mean a junk, boat, or
vessel, now -licensed
a.
under sect.ifn 16 of Ordinance No. 8 of 185$ to carry passengers, between
the
Colony and'fhe ports, on tlidChinese Main, or hereafter to be licensed
under.
section 26 of this Ordinance to ply between the Colony and other ports.
ORDINANCE No. G of 1866.
I1arbor fend Coasts.
The term 'Master' of a junk sball include any person for the t#me bei;ein
S11faster'
command or charge of the same. e
The term °1 The Harbor' shill mean the harbor of Victoria.
The term 'The Colony' shall mean the Colony of Hollgkotlg and its 'iThe
colony.'
dependencies.
_ The term 'The Governor' sball include the Officer for the time
being(16;overnor:' _:A
Administering the Government of the Colony of Hongkollg.
The term 'Harbor Master' shall mean the officer for the time being con-
«llarborMa
ducting the marine department of this Colony, and ally person appointed
by the
Governor to act as deputy or assistant Harbor Master.
3. So much of section 16 of Ordinance No. 8 of 1858 as elnpotvers the
Registrar
General to grant certificates of licence of boats or vessels carrying
passengers between
this Colony and the ports on the Chinese Blain is hereby repealed.
4. Branch stations of the Harbor Master's Office shall be establisbed at
such
places in the 0olony as the Governor may from tinge to time ,determine,
which shall
be under the superintendence and control of the Harbor Master, and shall
be called
'Harbor Master's Stations.'
!5. The Harbor Master shall, with the approval of the Governor, appoint
suitable nnc-thnrase for.
anchorages for junks in the harbor and at the 'Harbor Master's Stations,'
to be junta:
called 'Anchorages for Junks.'
11 Harbor:'
Repeal of portion
of section if of
ordinance \n.
8 of 1858.
llraneh stations
of the harbor
Master's Office.
g. The anchorages for jlll:hs to be appointed as aforesaid shall be
notified by Notification
advertisement in the Goverr;laent Gazette and by printed notices in the
English and jtnh9.
Chinese languages to be ai?`1-,,(l alml exhibited in the Harbor Master's
Office and
stations respectively, and in cn,~h other convenient and conspicuous
places as the
Harbor Master may from time to time appoint.
7. The Harbor Master may from time to time with the approval of the
Governor
change any anc~vzage for junks.
$:~'=1~To Junk, other than a licensed junk shall (except from stress of
weather)
7,anc ' ^ ~ .tally 1ace.}iwifhin the waters of the Colony other than an
anchorage for junks
~r
=poin~d fc~^'t~o harbor or for any Harbor Master's station.
~ ~':''~verv junk o01er'than a~lieensed junk entering the harbor shall
immediately,
yo.~~t .`'and` take up its berth within the limits of one of the
ancborages for junks,
~Zoi==the harbor.
0.~- E very junk other than a licensed junk entering tile watertof the
Colony
(,for'a' Purpose -other than that of taking shelter from stress of
weatbr) shall in ease
the master shall not desire to enter the harbor, proceed to one of the
labor Master's'
stations and take up its berth within the limits ofAhe anchorage for
junks appointed
for such station. -
Anchorage far
junks may be
changed.
No unlicensed
junk to anchor
within colonial
waters except
at one of the
anchorages for
junks.
Unlicensed junks
to anchor in
specifies place.
Junks if not
entering harbor
must proceed
to a Harbor -
Master's station.
ORDI\T,Ah'CE ~ of 6: of -1&GG.
Harbor, and Coasts.
ttelrtmt of arrival 11. The master of every junk whether licensed or not
shall within 18 hours after
and partlculars~
t., he furnivlicd arril within the waters of the Colony report such
arrival at the Harbor Master's
Office or at a Harbor Master's station, and shall if a licensed junk
deposit the licence
thereof, and if not a licensed junk, furnish the particulars hereinafter
mentioned which
shall be entered in a register kept for the purpose, that is to say:-
1. Name and capacity of junk (in petals).
2. The name, address and description .of the owner or owners of such junk;
and of the master.
3. The name, address and description of every consignee or agent, if any,
of
the junk and cargo in the Colony.
4. The description of the cargo on board, and number of the crew.
5. The place from which the junk sailed on her voyage to the Colony, and
the date of her departure from such place, and of her arrival in the
Colony.
G. Whether carrying any and what guns and ammunition.
Upon compliance with the provisions of the last section, the master of
every
junk shall receive a permit to be called an 'Anchorage Pass,' and shall
forthwith pay
such fee fur the same as is hereinafter mentioned, and in default
thereofshall be liable.
to a fine not exceeding ten dollars and not less than two dollars.
13. No licensed junk: shall leave the waters of the Colony, and no other
junk
shall leave any anchorage for junks without a clearance or a special
permit, unless the(
safety of the vessel (through stress of weather) shall render it
necessary, and in suchi,
case she shall return to her former anchorage when such necessity for
leaving it shall
have ceased.
14. No junk whether licensed or not shall leave her anchorage between the
hours
of 6 P.M. and G A.M. from October to March inclusive, nor between the
hours of 7 P.M.
and 5 A.m. from April to September inclusive, without a special permit or
a special
clearance to be called a 'Niglit Clearance:'
16. The master of every junk whether licensed or. not about to leave her
anchorage
shall, 18 hours before the time of the intended departure of such junk,
hoi~f;a:~th'e- z
highest mast-head such flag or signal as shall from time to time be
a~-ecifi~:a,~n, yart':
Harbor Master, and notified in the manner prescribed by section 6 in
respect, to. k-.
anchorages for junks, and also shall give notice of such intended
departure and tlie*~
nature of the proposed voyage at the Harbor Master's Office or station,
as. the case -
may be, at which the anchorage pass of such junk shall have been
granted,-And. he will'
thereupon be furnished with a clearance in exchange for the anchorage
pass, of such
junk, and if a licensed junk, the licence thereof will be returned to
him; Provided
always that in case such junk shall not leave her anchorage within 24
hours thereafter,
the Master shall report the same at the Harbor Master's Office or
station, as the case
may be, and the reason thereof, and shall, if so required to do, return
the said clearance, ,
and i£ a licensed junk also redepoait the licence thereof.
.ilillti8 not Gm
renlove from
nnchoragc;
lvlthont
elHara.,lcn or
Hpocinl Permit,
W , junk to leave
at, night.
Flag ro be
IloisGe<l bctore
departure.
ORDINANCE No: 6 lop 186:
Harbor. raid C'aasts.
1$. The Harbor blaster and the officer for the time being in charge of
ably sspeoiat
'
Harbor Master's station may from time to time grant to any master of a
junk a permit permit
to be called a ' Special Permit,' which shall be a sufficient warrant or
authority for
the doing of any act mentioned in such permit.
1'l. ~ Every master of a junk who sball violate or refuse or fail to
comply with the Penalty for
infraction of
provisions of sections 8, 9, and 10 shall incur a penalty or fine not
exceeding one eectionel3,e&10.
hundred dollars and not less than twenty dollars or imprisonment with or
without
hard labor for any period not exceeding six calendar months, and not less
than one
calendar month.
18. Every master of a junk who shall refuse or fail to comply with the
provisions
of section 11, or shall knowingly give untrue particulars concerning the
information
which he is thereby required to furnish, shall incur a penalty or fine
not exceeding two
hundred dollars nor less than twenty dollars, or imprisonment with or
without hard
labor for any period not exceeding six months, nor less than one month;
and it shall
be lawful for the Governor, if he shall think fit, by warrant under his
hand to order that
any junk, whereof the master has refused or failed to comply with the
provisions of
the said section and whether such master shall have been brought to trial
and punished
or not, shall quit the waters of this Colony within 12 hours from the
service of such
order on board of such junk under penalty of forfeiture of such junk to
the Crown.
19. of
Ever y master of a junk violating infraction the provisions of sections 13
and 14 shall bePenalty for
.
imprisoned with hard labor for any period not exceeding twelve and not
less than three sections la ana::-'
14,
calendar months, and such junk and her cargo shall be forfeited to. the
Crown.
20. No licence, anchorage pass, clearance or special permit shall be used
in respect
of any junk other than the junk therein specified or for any purpose
other than the
one therein mentioned, and every master of a junk who shall knowingly use
or attempt
to use the same in violation of this section, or who shall knowingly .use
or attempt to
-use any licence, anchorage pass, clearance or special permit which shall
not have been
lawfully obtained, shall be imprisoned with hard labor for any term not
exceeding
twelve and not less than three calendar months, and every junk in respect
of which a
lic_eii'6, anchorage pass, clearance or special. permit shall have been
used or attempted
tts'a in *iblation of this section shall, together with the cargo
thereof and whether
the master shall have been brought to trial or not, be forfeited.to the
Crown.
21. Every master of a junk bringing into the Colony any person who shall
in the Penalty for
bringing
opinion of the Court before which the offence shall be tried, have come
to the Colony he C lonys'int`
for the pilrposes of mendicancy, or any person .suffering from leprosy or
other
contagious diseases, shall be liable to pay a fine not exceeding ten
dollars and not. less
than one dollar.for every such person so brought by him as aforesaid.
22. ' It shall be lawful for any person deputed thereto by the Goveinor
or by the Poweto nboard
commander of any of Her Majesty's ships-of-war or for any officer or
constable of the d poi inspection of
Police Force, at any time to board any junk within the waters of the
Colony and demand documents.
Penalty for
unlawfully using
a licence, pass,
clearance, or
special permit.
Penalty for
intrantionlof
section 11..
the:production, of either an anchorage pass, a clea;rarice, special
permit, or licence;. and
itil&ee by reason of the non-production of any one of such documents or
for any other
reason, there shall be ground to believe or suspect that any provision of
this Ordinance;
has been violated by the master of such junk, or in case the document
produced shall
appear from the date thereof or from any other cause to have been
unlawfully obtained
or to be unlawfully used, to arrest such junk and her cargo and the
master of such
junk, and deliver them into the custody of the Superintendent of Police.
23. Every offence against the provisions of this Ordinance shall be a
misdemeanor,
and may be tried in a summary way, either by the Marine Magistrate or by
the two Police
Magistrates or either of them: Provided always that the trial of every
offence, the
commission of which may render any junlc or cargo liable to forfeiture
under the
provisions of this Ordinance, shall be tried at the Harbor Master's
Office or at such
other place as the Governor may direct by the Marine Magistrate and a
Police
Magistrate sitting together, who shall have power in their discretion to
extend the
period limited for an appeal from their decision to the Supreme Court
under Ordinance
No. 4 of 1858, either before or after the expiration thereof.
24. Every junk of which the master shall be charged with having violated
the
provisions of this Ordinance shall be forthwith arrested and detained
until the said
master shall either have been acquitted of the offence charged or if
found guilty, shall
have paid the fine inflicted upon him, and in case he shall fail to pay
within ten, days
any fine which may be inflicted upon him, the same may be recovered by
the sale of
such junk and the balance if any of the net proceeds thereof, after
deducting therefrom
the expenses of such sale and the amount of such fine as aforesaid, shall
be paid to the
owner or owners of the junk if claimed within twelve calendar months from
the date
of sale, ai:d if not claimed within that period shall be forfeited to the
Crown :-Provided
that in case there shall be in the Colony any consignee or agent of such
junk registered
,under section 11, no sale thereof shall be made in pursuance of this
section until three
days previous notice thereof shall have been given in writing to such
consignee or
agent.
25. Every junk forfeited or sold under the provisions of this Ordinance
shall be
transferred to the purchaser thereof at his expense by a bill of sale
from the Harbor
Master, and such bill of sale shall confer upon such purchaser his
executors, adminis-
trators and assigns an indefeasible title to such junk.
28. It shall be lawful for the Harbor Master in such cases as he shall
think fit to
grant to any owner of any junk or lorcha a licence authorizing such junk
or lorcha to
ply between this Colony and other ports during such period and subject to
such
conditions as the Harbor Master with the approval of the Governor may
determine,
and which conditions shall be endorsed on or contained in such licence,
and such junk
or lorcha having obtained a licence, the master thereof shall cause the
number of said
licence, to bd painted in black figures 20 inches in length (to the
satisfaction of the
Harbor Master) on a white ground on each bow. Provided that no snob
licence shall
't'rial of offences
under this
drdinbnce.
in case of non-
payment of
penalty Vy
master, the same
may.Vo levied
by agile oP)unlt.
Transfer to
purchaser upon
sale of)ank.
Junk licences.
OR,DINANCE'-~Xd: v .of.1866:
1larbor -and Coasts.
ORDINANCE .Nip: 6 or :1866:
Harbor and Coasts.
be granted unless the intended licensee shall enter into a bond together
with one or
more sureties resident in the Colony-, and to be approved of by the
Harbor kaAer,
conditioned in any sum not exceeding one thousand five hundred dollars
for the
observance of the conditions of such licence.
27. Every master or other person-in charge of any junk, vessel or boat,
whether renalty for
licensed or not, shall obey any lawful orders which the Harbor Master may
see fit to Harbor Master's
orders.
give under a penalty not exceeding one hundred dollars.
28. The Governor and Executive Council are hereby empowered to make such
rules and regulations as to them shall seem fit for the proper carrying
out the
provisions of this Ordinance, and also to vary from time to time the fees
chargeable
to each juuk under this Ordinance, and to prescribe from time to time the
forms of all
licences, passes, permits, and clearances under this Ordinance, and to
provide adequate
means for preventing by force when necessary any junk from leaving the
waters of the
Colony, or any anchorage for junks in violation of any provision of this
Ordinance.
29. It shall be lawful for the Harbor Waster in such cases as he shall
think fit to Fishing boat
,grant to any person a licence for any boat or vessel to be used solely
as a fishing boat licences.
or vessel for such period and subject to such conditions as the Harbor
Master with the
approval of the Governor may determine and which conditions shall be
endorsed upon
or contained in such licence. And such boat or vessel having obtained a
licence the
master thereof shall cause the number of the said licence to be painted
in white figures,
(to the satisfaction of the Harbor Master), 20 inches in length on a
black ground on
each bow.
30. Until the expiration of twelve months after the commencement of this
Ordinance, it shall be.lawful for the Court imposing any fine or
imprisonment under
any section of this Ordinance to impose such fine or imprisonment as it
shall in its
discretion think proper without regard to the minimum amount of fine or
imprison-
ment specified by such section, but not exceeding the maximum amount so
specified as
aforesaid.
31. The several fees hereinafter specified shall be payable under this
Ordinance scale of fees.
until altered by the Governor and Executive Council:-
Governor and
Faecntive Coun-
cil emwto
frame carrying out
provisions of
Ordinance.
During twelve
months fines sod
imprisonment
under this
Ordinance may
be inflicted
without regacd
to minimum
amount apeclfled:
Seagoing licence, a year,: $20.00
Do., a month and fraction of a month,
Fishing licence, a year,
Do., a month and fraction of a month,
............ 2.00
Anchorage pass,
Special permit, .
Day clearance,
Night do.,
............... 0.50
............................. 0.50
0.25
>0.25
1.00
No. 6 of 1866.
Harbor and Coasts.
This Ordinance shall commence and take effect on such day as shall here
affer be fixed by proclamation under the hand of the Governor.
[In force from the 1st January, 1867, under proclamation of the 15th
December, 1866.
Repealed by Ordinance No. 8 of 1879.]
NOTE.-For Government Notifications, Notices, Orders in Council, &c.,
under this Ordi-
nance see:-
Notice as to stations and anchorages for unlicensed junks, &c., of the
19th December,
1866. , See Gazette of the 22nd of the same mouth.
Government Notification as to fees for anchorage passes, &c., of the 21st
December,
1866. See Gazette of the 22nd of the same month.
Order of the Governor in Council as to fees for sea-going licences of the
14th March,
1868. See Gazette of the 21st of the same month.
Further Order of Governor in Council of the 14th October, 1868, as to
fees for sea.
going licences. See Gazette of the 17th of the same month.
Order of the Governor in Council as to painting number of licence on
fshing junks
of the T st July, 1876. See Gazette of the 8th, of the same month.
900
Title.
Preamble.
Short title.
Interpretation of terms: 'Junk.'
'Licensed junk.'
901
'Master.'
'Harbor.'
'The Colony.'
'Governor.'
'Harbour Master.'
Repeal of portion of section 16 of Ordinance No. 8 1858.
Branch stations of the Harbour Master's Office.
Anchorage for junks.
Notification of anchorages for junks.
Anchorage for junks may be changed.
No unlicensed junk to anchor within Colonial waters except at one of the anchorages for junks.
Unlicensed junks to anchor in specified place.
Junks if not entering harbor must proceed to a Harbour Master's station.
902
Report of arrival and particulars to be furnished.
Anchorage pass.
Junks not to remove from anchorage without clearance or special permit.
No junk to leave at night.
Flag to be hoisted before departure.
903
'Special permit.'
Penalty for infraction of sections 8, 9 & 10.
Penalty for infraction of section 11.
Penalty for infraction of sections 13 and 14.
Penalty for unlawfully using a licence, pass, clearance, or special permit.
Pemalty for bringing mendicants into the Colony.
Power to board any junk and demand inspection of documents.
904
Trial of offences under this Ordinance.
Incase of nonpayment of penalty by master, the same may be levied by sale of junk.
Transfer to purchaser upon sale of junk.
Junk licences.
905
Penalty for disobeying Habor Master's orders.
Governor and Executive Council empowered to frame rules for carrying out provisions of Ordinance.
Fishing boat licences.
During twelve months fines and imprisonment under this Ordinance may be inflicted without regard to minimum amount specified.
Scale of fees.
906
Commencement of Ordinance.
Harbor and Coasts.
An Ordinince for the better Regulation and Control of certain Vessels
frequenting the Maters of Hongkong.
[14th August 1866.]
'~'I3BIi,EAS it is expedient to make provision for the regulation and
control of
junks within the waters of the Colony of Hongl:oug: Be it enacted by His
Excellency the Governor of Hongkong, with the advice of the Legislative
Council
thereof, as follows:- '
ai,e cicie, 1. This Ordinance may be cited for all purposes as 'The
Harbor _;tind Coasts
Ordinance Hona);onb 1866.'
2. In the construction of this Ordinance the term 'Junk', shad i~e& everg
sea,'
aoinb Chinese or other vessel not corning within the pxovisior(ts of
section y of ~Ordi
dance No. 1 of 186`?, and not being a fishing boat or' vessel- licensed
tundo,~tny
29 of this Ordinance or a boat or vessel licensed by the Registi*ar:
Gerl,eral to :~
within the waters of the Colony ruder section 1G of Ordinance No. 8 of
l$5--8. ~~- r:~ ~F°
iuicenaea jum;a The test 'Licensed Junk ' shall mean a junk, boat, or
vessel, now -licensed
a.
under sect.ifn 16 of Ordinance No. 8 of 185$ to carry passengers, between
the
Colony and'fhe ports, on tlidChinese Main, or hereafter to be licensed
under.
section 26 of this Ordinance to ply between the Colony and other ports.
ORDINANCE No. G of 1866.
I1arbor fend Coasts.
The term 'Master' of a junk sball include any person for the t#me bei;ein
S11faster'
command or charge of the same. e
The term °1 The Harbor' shill mean the harbor of Victoria.
The term 'The Colony' shall mean the Colony of Hollgkotlg and its 'iThe
colony.'
dependencies.
_ The term 'The Governor' sball include the Officer for the time
being(16;overnor:' _:A
Administering the Government of the Colony of Hongkollg.
The term 'Harbor Master' shall mean the officer for the time being con-
«llarborMa
ducting the marine department of this Colony, and ally person appointed
by the
Governor to act as deputy or assistant Harbor Master.
3. So much of section 16 of Ordinance No. 8 of 1858 as elnpotvers the
Registrar
General to grant certificates of licence of boats or vessels carrying
passengers between
this Colony and the ports on the Chinese Blain is hereby repealed.
4. Branch stations of the Harbor Master's Office shall be establisbed at
such
places in the 0olony as the Governor may from tinge to time ,determine,
which shall
be under the superintendence and control of the Harbor Master, and shall
be called
'Harbor Master's Stations.'
!5. The Harbor Master shall, with the approval of the Governor, appoint
suitable nnc-thnrase for.
anchorages for junks in the harbor and at the 'Harbor Master's Stations,'
to be junta:
called 'Anchorages for Junks.'
11 Harbor:'
Repeal of portion
of section if of
ordinance \n.
8 of 1858.
llraneh stations
of the harbor
Master's Office.
g. The anchorages for jlll:hs to be appointed as aforesaid shall be
notified by Notification
advertisement in the Goverr;laent Gazette and by printed notices in the
English and jtnh9.
Chinese languages to be ai?`1-,,(l alml exhibited in the Harbor Master's
Office and
stations respectively, and in cn,~h other convenient and conspicuous
places as the
Harbor Master may from time to time appoint.
7. The Harbor Master may from time to time with the approval of the
Governor
change any anc~vzage for junks.
$:~'=1~To Junk, other than a licensed junk shall (except from stress of
weather)
7,anc ' ^ ~ .tally 1ace.}iwifhin the waters of the Colony other than an
anchorage for junks
~r
=poin~d fc~^'t~o harbor or for any Harbor Master's station.
~ ~':''~verv junk o01er'than a~lieensed junk entering the harbor shall
immediately,
yo.~~t .`'and` take up its berth within the limits of one of the
ancborages for junks,
~Zoi==the harbor.
0.~- E very junk other than a licensed junk entering tile watertof the
Colony
(,for'a' Purpose -other than that of taking shelter from stress of
weatbr) shall in ease
the master shall not desire to enter the harbor, proceed to one of the
labor Master's'
stations and take up its berth within the limits ofAhe anchorage for
junks appointed
for such station. -
Anchorage far
junks may be
changed.
No unlicensed
junk to anchor
within colonial
waters except
at one of the
anchorages for
junks.
Unlicensed junks
to anchor in
specifies place.
Junks if not
entering harbor
must proceed
to a Harbor -
Master's station.
ORDI\T,Ah'CE ~ of 6: of -1&GG.
Harbor, and Coasts.
ttelrtmt of arrival 11. The master of every junk whether licensed or not
shall within 18 hours after
and partlculars~
t., he furnivlicd arril within the waters of the Colony report such
arrival at the Harbor Master's
Office or at a Harbor Master's station, and shall if a licensed junk
deposit the licence
thereof, and if not a licensed junk, furnish the particulars hereinafter
mentioned which
shall be entered in a register kept for the purpose, that is to say:-
1. Name and capacity of junk (in petals).
2. The name, address and description .of the owner or owners of such junk;
and of the master.
3. The name, address and description of every consignee or agent, if any,
of
the junk and cargo in the Colony.
4. The description of the cargo on board, and number of the crew.
5. The place from which the junk sailed on her voyage to the Colony, and
the date of her departure from such place, and of her arrival in the
Colony.
G. Whether carrying any and what guns and ammunition.
Upon compliance with the provisions of the last section, the master of
every
junk shall receive a permit to be called an 'Anchorage Pass,' and shall
forthwith pay
such fee fur the same as is hereinafter mentioned, and in default
thereofshall be liable.
to a fine not exceeding ten dollars and not less than two dollars.
13. No licensed junk: shall leave the waters of the Colony, and no other
junk
shall leave any anchorage for junks without a clearance or a special
permit, unless the(
safety of the vessel (through stress of weather) shall render it
necessary, and in suchi,
case she shall return to her former anchorage when such necessity for
leaving it shall
have ceased.
14. No junk whether licensed or not shall leave her anchorage between the
hours
of 6 P.M. and G A.M. from October to March inclusive, nor between the
hours of 7 P.M.
and 5 A.m. from April to September inclusive, without a special permit or
a special
clearance to be called a 'Niglit Clearance:'
16. The master of every junk whether licensed or. not about to leave her
anchorage
shall, 18 hours before the time of the intended departure of such junk,
hoi~f;a:~th'e- z
highest mast-head such flag or signal as shall from time to time be
a~-ecifi~:a,~n, yart':
Harbor Master, and notified in the manner prescribed by section 6 in
respect, to. k-.
anchorages for junks, and also shall give notice of such intended
departure and tlie*~
nature of the proposed voyage at the Harbor Master's Office or station,
as. the case -
may be, at which the anchorage pass of such junk shall have been
granted,-And. he will'
thereupon be furnished with a clearance in exchange for the anchorage
pass, of such
junk, and if a licensed junk, the licence thereof will be returned to
him; Provided
always that in case such junk shall not leave her anchorage within 24
hours thereafter,
the Master shall report the same at the Harbor Master's Office or
station, as the case
may be, and the reason thereof, and shall, if so required to do, return
the said clearance, ,
and i£ a licensed junk also redepoait the licence thereof.
.ilillti8 not Gm
renlove from
nnchoragc;
lvlthont
elHara.,lcn or
Hpocinl Permit,
W , junk to leave
at, night.
Flag ro be
IloisGe<l bctore
departure.
ORDINANCE No: 6 lop 186:
Harbor. raid C'aasts.
1$. The Harbor blaster and the officer for the time being in charge of
ably sspeoiat
'
Harbor Master's station may from time to time grant to any master of a
junk a permit permit
to be called a ' Special Permit,' which shall be a sufficient warrant or
authority for
the doing of any act mentioned in such permit.
1'l. ~ Every master of a junk who sball violate or refuse or fail to
comply with the Penalty for
infraction of
provisions of sections 8, 9, and 10 shall incur a penalty or fine not
exceeding one eectionel3,e&10.
hundred dollars and not less than twenty dollars or imprisonment with or
without
hard labor for any period not exceeding six calendar months, and not less
than one
calendar month.
18. Every master of a junk who shall refuse or fail to comply with the
provisions
of section 11, or shall knowingly give untrue particulars concerning the
information
which he is thereby required to furnish, shall incur a penalty or fine
not exceeding two
hundred dollars nor less than twenty dollars, or imprisonment with or
without hard
labor for any period not exceeding six months, nor less than one month;
and it shall
be lawful for the Governor, if he shall think fit, by warrant under his
hand to order that
any junk, whereof the master has refused or failed to comply with the
provisions of
the said section and whether such master shall have been brought to trial
and punished
or not, shall quit the waters of this Colony within 12 hours from the
service of such
order on board of such junk under penalty of forfeiture of such junk to
the Crown.
19. of
Ever y master of a junk violating infraction the provisions of sections 13
and 14 shall bePenalty for
.
imprisoned with hard labor for any period not exceeding twelve and not
less than three sections la ana::-'
14,
calendar months, and such junk and her cargo shall be forfeited to. the
Crown.
20. No licence, anchorage pass, clearance or special permit shall be used
in respect
of any junk other than the junk therein specified or for any purpose
other than the
one therein mentioned, and every master of a junk who shall knowingly use
or attempt
to use the same in violation of this section, or who shall knowingly .use
or attempt to
-use any licence, anchorage pass, clearance or special permit which shall
not have been
lawfully obtained, shall be imprisoned with hard labor for any term not
exceeding
twelve and not less than three calendar months, and every junk in respect
of which a
lic_eii'6, anchorage pass, clearance or special. permit shall have been
used or attempted
tts'a in *iblation of this section shall, together with the cargo
thereof and whether
the master shall have been brought to trial or not, be forfeited.to the
Crown.
21. Every master of a junk bringing into the Colony any person who shall
in the Penalty for
bringing
opinion of the Court before which the offence shall be tried, have come
to the Colony he C lonys'int`
for the pilrposes of mendicancy, or any person .suffering from leprosy or
other
contagious diseases, shall be liable to pay a fine not exceeding ten
dollars and not. less
than one dollar.for every such person so brought by him as aforesaid.
22. ' It shall be lawful for any person deputed thereto by the Goveinor
or by the Poweto nboard
commander of any of Her Majesty's ships-of-war or for any officer or
constable of the d poi inspection of
Police Force, at any time to board any junk within the waters of the
Colony and demand documents.
Penalty for
unlawfully using
a licence, pass,
clearance, or
special permit.
Penalty for
intrantionlof
section 11..
the:production, of either an anchorage pass, a clea;rarice, special
permit, or licence;. and
itil&ee by reason of the non-production of any one of such documents or
for any other
reason, there shall be ground to believe or suspect that any provision of
this Ordinance;
has been violated by the master of such junk, or in case the document
produced shall
appear from the date thereof or from any other cause to have been
unlawfully obtained
or to be unlawfully used, to arrest such junk and her cargo and the
master of such
junk, and deliver them into the custody of the Superintendent of Police.
23. Every offence against the provisions of this Ordinance shall be a
misdemeanor,
and may be tried in a summary way, either by the Marine Magistrate or by
the two Police
Magistrates or either of them: Provided always that the trial of every
offence, the
commission of which may render any junlc or cargo liable to forfeiture
under the
provisions of this Ordinance, shall be tried at the Harbor Master's
Office or at such
other place as the Governor may direct by the Marine Magistrate and a
Police
Magistrate sitting together, who shall have power in their discretion to
extend the
period limited for an appeal from their decision to the Supreme Court
under Ordinance
No. 4 of 1858, either before or after the expiration thereof.
24. Every junk of which the master shall be charged with having violated
the
provisions of this Ordinance shall be forthwith arrested and detained
until the said
master shall either have been acquitted of the offence charged or if
found guilty, shall
have paid the fine inflicted upon him, and in case he shall fail to pay
within ten, days
any fine which may be inflicted upon him, the same may be recovered by
the sale of
such junk and the balance if any of the net proceeds thereof, after
deducting therefrom
the expenses of such sale and the amount of such fine as aforesaid, shall
be paid to the
owner or owners of the junk if claimed within twelve calendar months from
the date
of sale, ai:d if not claimed within that period shall be forfeited to the
Crown :-Provided
that in case there shall be in the Colony any consignee or agent of such
junk registered
,under section 11, no sale thereof shall be made in pursuance of this
section until three
days previous notice thereof shall have been given in writing to such
consignee or
agent.
25. Every junk forfeited or sold under the provisions of this Ordinance
shall be
transferred to the purchaser thereof at his expense by a bill of sale
from the Harbor
Master, and such bill of sale shall confer upon such purchaser his
executors, adminis-
trators and assigns an indefeasible title to such junk.
28. It shall be lawful for the Harbor Master in such cases as he shall
think fit to
grant to any owner of any junk or lorcha a licence authorizing such junk
or lorcha to
ply between this Colony and other ports during such period and subject to
such
conditions as the Harbor Master with the approval of the Governor may
determine,
and which conditions shall be endorsed on or contained in such licence,
and such junk
or lorcha having obtained a licence, the master thereof shall cause the
number of said
licence, to bd painted in black figures 20 inches in length (to the
satisfaction of the
Harbor Master) on a white ground on each bow. Provided that no snob
licence shall
't'rial of offences
under this
drdinbnce.
in case of non-
payment of
penalty Vy
master, the same
may.Vo levied
by agile oP)unlt.
Transfer to
purchaser upon
sale of)ank.
Junk licences.
OR,DINANCE'-~Xd: v .of.1866:
1larbor -and Coasts.
ORDINANCE .Nip: 6 or :1866:
Harbor and Coasts.
be granted unless the intended licensee shall enter into a bond together
with one or
more sureties resident in the Colony-, and to be approved of by the
Harbor kaAer,
conditioned in any sum not exceeding one thousand five hundred dollars
for the
observance of the conditions of such licence.
27. Every master or other person-in charge of any junk, vessel or boat,
whether renalty for
licensed or not, shall obey any lawful orders which the Harbor Master may
see fit to Harbor Master's
orders.
give under a penalty not exceeding one hundred dollars.
28. The Governor and Executive Council are hereby empowered to make such
rules and regulations as to them shall seem fit for the proper carrying
out the
provisions of this Ordinance, and also to vary from time to time the fees
chargeable
to each juuk under this Ordinance, and to prescribe from time to time the
forms of all
licences, passes, permits, and clearances under this Ordinance, and to
provide adequate
means for preventing by force when necessary any junk from leaving the
waters of the
Colony, or any anchorage for junks in violation of any provision of this
Ordinance.
29. It shall be lawful for the Harbor Waster in such cases as he shall
think fit to Fishing boat
,grant to any person a licence for any boat or vessel to be used solely
as a fishing boat licences.
or vessel for such period and subject to such conditions as the Harbor
Master with the
approval of the Governor may determine and which conditions shall be
endorsed upon
or contained in such licence. And such boat or vessel having obtained a
licence the
master thereof shall cause the number of the said licence to be painted
in white figures,
(to the satisfaction of the Harbor Master), 20 inches in length on a
black ground on
each bow.
30. Until the expiration of twelve months after the commencement of this
Ordinance, it shall be.lawful for the Court imposing any fine or
imprisonment under
any section of this Ordinance to impose such fine or imprisonment as it
shall in its
discretion think proper without regard to the minimum amount of fine or
imprison-
ment specified by such section, but not exceeding the maximum amount so
specified as
aforesaid.
31. The several fees hereinafter specified shall be payable under this
Ordinance scale of fees.
until altered by the Governor and Executive Council:-
Governor and
Faecntive Coun-
cil emwto
frame carrying out
provisions of
Ordinance.
During twelve
months fines sod
imprisonment
under this
Ordinance may
be inflicted
without regacd
to minimum
amount apeclfled:
Seagoing licence, a year,: $20.00
Do., a month and fraction of a month,
Fishing licence, a year,
Do., a month and fraction of a month,
............ 2.00
Anchorage pass,
Special permit, .
Day clearance,
Night do.,
............... 0.50
............................. 0.50
0.25
>0.25
1.00
No. 6 of 1866.
Harbor and Coasts.
This Ordinance shall commence and take effect on such day as shall here
affer be fixed by proclamation under the hand of the Governor.
[In force from the 1st January, 1867, under proclamation of the 15th
December, 1866.
Repealed by Ordinance No. 8 of 1879.]
NOTE.-For Government Notifications, Notices, Orders in Council, &c.,
under this Ordi-
nance see:-
Notice as to stations and anchorages for unlicensed junks, &c., of the
19th December,
1866. , See Gazette of the 22nd of the same mouth.
Government Notification as to fees for anchorage passes, &c., of the 21st
December,
1866. See Gazette of the 22nd of the same month.
Order of the Governor in Council as to fees for sea-going licences of the
14th March,
1868. See Gazette of the 21st of the same month.
Further Order of Governor in Council of the 14th October, 1868, as to
fees for sea.
going licences. See Gazette of the 17th of the same month.
Order of the Governor in Council as to painting number of licence on
fshing junks
of the T st July, 1876. See Gazette of the 8th, of the same month.
900
Title.
Preamble.
Short title.
Interpretation of terms: 'Junk.'
'Licensed junk.'
901
'Master.'
'Harbor.'
'The Colony.'
'Governor.'
'Harbour Master.'
Repeal of portion of section 16 of Ordinance No. 8 1858.
Branch stations of the Harbour Master's Office.
Anchorage for junks.
Notification of anchorages for junks.
Anchorage for junks may be changed.
No unlicensed junk to anchor within Colonial waters except at one of the anchorages for junks.
Unlicensed junks to anchor in specified place.
Junks if not entering harbor must proceed to a Harbour Master's station.
902
Report of arrival and particulars to be furnished.
Anchorage pass.
Junks not to remove from anchorage without clearance or special permit.
No junk to leave at night.
Flag to be hoisted before departure.
903
'Special permit.'
Penalty for infraction of sections 8, 9 & 10.
Penalty for infraction of section 11.
Penalty for infraction of sections 13 and 14.
Penalty for unlawfully using a licence, pass, clearance, or special permit.
Pemalty for bringing mendicants into the Colony.
Power to board any junk and demand inspection of documents.
904
Trial of offences under this Ordinance.
Incase of nonpayment of penalty by master, the same may be levied by sale of junk.
Transfer to purchaser upon sale of junk.
Junk licences.
905
Penalty for disobeying Habor Master's orders.
Governor and Executive Council empowered to frame rules for carrying out provisions of Ordinance.
Fishing boat licences.
During twelve months fines and imprisonment under this Ordinance may be inflicted without regard to minimum amount specified.
Scale of fees.
906
Commencement of Ordinance.
Abstract
900
Title.
Preamble.
Short title.
Interpretation of terms: 'Junk.'
'Licensed junk.'
901
'Master.'
'Harbor.'
'The Colony.'
'Governor.'
'Harbour Master.'
Repeal of portion of section 16 of Ordinance No. 8 1858.
Branch stations of the Harbour Master's Office.
Anchorage for junks.
Notification of anchorages for junks.
Anchorage for junks may be changed.
No unlicensed junk to anchor within Colonial waters except at one of the anchorages for junks.
Unlicensed junks to anchor in specified place.
Junks if not entering harbor must proceed to a Harbour Master's station.
902
Report of arrival and particulars to be furnished.
Anchorage pass.
Junks not to remove from anchorage without clearance or special permit.
No junk to leave at night.
Flag to be hoisted before departure.
903
'Special permit.'
Penalty for infraction of sections 8, 9 & 10.
Penalty for infraction of section 11.
Penalty for infraction of sections 13 and 14.
Penalty for unlawfully using a licence, pass, clearance, or special permit.
Pemalty for bringing mendicants into the Colony.
Power to board any junk and demand inspection of documents.
904
Trial of offences under this Ordinance.
Incase of nonpayment of penalty by master, the same may be levied by sale of junk.
Transfer to purchaser upon sale of junk.
Junk licences.
905
Penalty for disobeying Habor Master's orders.
Governor and Executive Council empowered to frame rules for carrying out provisions of Ordinance.
Fishing boat licences.
During twelve months fines and imprisonment under this Ordinance may be inflicted without regard to minimum amount specified.
Scale of fees.
906
Commencement of Ordinance.
Title.
Preamble.
Short title.
Interpretation of terms: 'Junk.'
'Licensed junk.'
901
'Master.'
'Harbor.'
'The Colony.'
'Governor.'
'Harbour Master.'
Repeal of portion of section 16 of Ordinance No. 8 1858.
Branch stations of the Harbour Master's Office.
Anchorage for junks.
Notification of anchorages for junks.
Anchorage for junks may be changed.
No unlicensed junk to anchor within Colonial waters except at one of the anchorages for junks.
Unlicensed junks to anchor in specified place.
Junks if not entering harbor must proceed to a Harbour Master's station.
902
Report of arrival and particulars to be furnished.
Anchorage pass.
Junks not to remove from anchorage without clearance or special permit.
No junk to leave at night.
Flag to be hoisted before departure.
903
'Special permit.'
Penalty for infraction of sections 8, 9 & 10.
Penalty for infraction of section 11.
Penalty for infraction of sections 13 and 14.
Penalty for unlawfully using a licence, pass, clearance, or special permit.
Pemalty for bringing mendicants into the Colony.
Power to board any junk and demand inspection of documents.
904
Trial of offences under this Ordinance.
Incase of nonpayment of penalty by master, the same may be levied by sale of junk.
Transfer to purchaser upon sale of junk.
Junk licences.
905
Penalty for disobeying Habor Master's orders.
Governor and Executive Council empowered to frame rules for carrying out provisions of Ordinance.
Fishing boat licences.
During twelve months fines and imprisonment under this Ordinance may be inflicted without regard to minimum amount specified.
Scale of fees.
906
Commencement of Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/221
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 6 of 1866
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“HARBOUR AND COASTS ORDINANCE HONGKONG, 1866,” Historical Laws of Hong Kong Online, accessed March 15, 2025, https://oelawhk.lib.hku.hk/items/show/221.
