MARINE STORES PROTECTION ORDINANCE

MARINE STORES PROTECTION ORDINANCE

LAWS OF HONG KONG

MARINE STORES PROTECTION ORDINANCE

CHAPTER 143





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, unless the context otherwise requires

'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;

'licence' means a licence to be a dealer in marine stores in force under
section 4; (Added, 1 of 1970, s. 2. Amended, 8 of 1977, s. 2)

'marinestores' 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 sinale 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.

(Amended, 5 of 1924, Schedule)

3. No person shall carry on the trade or business of a dealer
in marine stores unless he is the holder of a licence for that purpose.
(Replaced, 8 of 1977, s. 2)

4. (1) The Commissioner of Police may grant to any person
a licence to be a dealer in marine stores. (Amended, 8 of 1977, s. 2)

(2) A licence issued under subsection (1) shall be valid for one year
from the date on which it is issued and may be renewed from year to
year.

(3) If the Commissioner of Police refuses to grant or renew a licence
under subsection (1) or (2) the applicant for, or the holder of, the
licence, as the case may be, may, within 14 days of being





notified of the refusal, appeal by way of petition to the Governor
who may confirm, reverse or vary the decision of the Commissioner.
(Replaced, 1 of 1970, s. 3)

5. (1) Where a person holding a licence granted under
section 4 is convicted of any offence punishable by imprisonment
for not less than 12 months, the court by which he is convicted
may, in addition to imposing a penalty for such offence, order-

(a)that the licence shall be suspended for such period as
may be specified in the order or that the licence shall be
cancelled; and

(b)that the convicted licensee shall be disqualified from
holding a licence for such period as the court determines.

(2) Upon making an order under subsection (1) the court
shall cause particulars thereof to be endorsed on the licence and to
be transmitted to the Commissioner of Police.

(3) A licensee shall in such manner and within such time as
the court directs produce his licence for the purpose of an endorse-
ment under subsection (2).
(Added, 1 of 1970, s. 3)

6. 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.

7. (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. (Amended, 33 of
1939, Supp. Schedule, G.N. 840140)

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

8. 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.

9-10. [Replaced, 8 of 1977, s. 2]





11. (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 be liable on summary conviction to a fine of
51,000 or to imprisonment for 3 months. (Amended, 5 of 1924,
Schedule and 22 of 1950, Schedule)

(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
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.

12. It shall not be lawful for 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 from some person authorized by the Director of
Marine in that behalf (proof of which permission shall lie on the
party accused).
(Replaced, 37 of 1950, Schedule)

13. Any person who acts in contravention of any of the
provisions contained in sections 3, 5, 6, 7, 8 and 12, shall be guilty
of an offence and shall be liable on conviction to a fine of $1,000
or to imprisonment for 3 months.
(Amended, 22 of 1950, Schedule; 1 of 1970, s. 4 and 8 of
1977,s.2)

14. 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 olfering the same, together with such property,
to be dealt with according to law.

15. 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.
(Amended, 37 of 1950, Schedule)

16. (1) The Governor in Council may make regulations
providing for-
(a)the conditions upon which licences of dealers in marine
stores shall be held; (Amended, 8 of 1977, s. 2)





(b)forms of applications for licences and forms of licences;

(c)the duties of dealers in marine stores and of marine stores
collectors;

(d)the amount of security to be given under section 3 by
dealers in marine stores; and

(e)the better carrying into efrect of the provisions of this
Ordinance.

(2) Such regulations may provide that any contravention
thereof shall constitute an offence punishable on conviction by
a fine not exceeding $1,000 or imprisonment for a period not
exceeding 3 months.
(Added, 1 of 1970, s. 6)
Originally 13 of 1919. (Cap. 143, 1950.) 5 of 1924. 18 of 1929. 25 of 1937. 33 of 1939. 22 of 1950. 27 of 1950. 37 of 1950. 1 of 1970. 8 of 1977. Short title. Interpretation. Licence for dealing in marine stores. Grant and renewal of licences. Suspension and cancellation of licences. [cf. 1967, No. 51 (N.Z.) s. 58.] Keeping of books by dealer. Power to inspect goods, books, etc. No dealing in provisions. Penalty on person found in possession of marine stores and not accounting for them. [cf. 1875, c. 25, s. 10.] Unauthorized person not to dredge. Penalties. Power to apprehend suspected offenders. Power to stop and search boats, persons, etc. 1875, c. 25, s. 6. Regulations.

Originally 13 of 1919. (Cap. 143, 1950.) 5 of 1924. 18 of 1929. 25 of 1937. 33 of 1939. 22 of 1950. 27 of 1950. 37 of 1950. 1 of 1970. 8 of 1977. Short title. Interpretation. Licence for dealing in marine stores. Grant and renewal of licences. Suspension and cancellation of licences. [cf. 1967, No. 51 (N.Z.) s. 58.] Keeping of books by dealer. Power to inspect goods, books, etc. No dealing in provisions. Penalty on person found in possession of marine stores and not accounting for them. [cf. 1875, c. 25, s. 10.] Unauthorized person not to dredge. Penalties. Power to apprehend suspected offenders. Power to stop and search boats, persons, etc. 1875, c. 25, s. 6. Regulations.

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