CONSULAR RELATIONS (MERCHANT SHIPPING) (REPUBLIC OF AUSTRIA) ORDER

CONSULAR RELATIONS (MERCHANT SHIPPING) (REPUBLIC OF AUSTRIA) ORDER

CONSULAR RELATIONS (MERCHANT SHIPPING)

(REPUBLIC OF AUSTRIA) ORDER

(Cap 259, sections 5, 6, 7 and 8)

[4th February, 1972.]

1. This order may be cited as the Consular Relations (Merchant
Shipping) (Republic of Austria) Order.

2. (1) For the purpose of this order a ship shall be treated as
belonging to the Republic of Austria if it is registered in the Austrian
register of sea-going vessels or otherwise entitled to fly the Austrian
flag.

(2) Nothing in this order shall apply to any ship of war.

3. Proceedings relating to the remuneration or any contract of
service of the master or a member of the crew of any ship belonging to
the Republic of Austria shall not be entertained by any court in Hong
Kong unless a consular officer of the Republic of Austria has been
notified of the intention to invoke the jurisdiction of that court and has
not objected within a period of two weeks from the date of such
notification and a statement to that effect is included among the details
on which the claim is based at the time when the proceedings are
commenced.

4. Where an offence is alleged to have been committed on board
any ship belonging to the Republic of Austria by the master or a member
of the crew, proceedings for the offence instituted otherwise than at the
request or with the consent of a consular officer of the Republic of
Austria shall not be entertained by any court in Hong Kong, unless

(a) the effence is alleged to have been committed

(i) by or against a person who is a citizen of the United
Kinm and Colonies, a citizen of Southern Rhodesia,
subject by virtue of section 2, 13 or 16 of the
British NXitionality Act 1948 or the British Nationality Act
1965, or a British protected person within the meaning of
the said Act of 1948; or

(ii) against a person other than the master or a member of
the crew; or

(b)the offence is one involving the tranquillity or safety of a port,
or the law relating to safety of life at sea, public health, oil
pollution, wireless telegraphy, immigration or customs; or

(c)the offence is one punishable (on a first conviction) with
imprisonment for a term that may extend to five years or with a
more severe sentence.





5. The Republic of Austria is designated for the purposes
of section 7 of the Ordinance (which relates to detention on board
ship for disciplinary offences).
L.N. 25/72. Citation. Ships to be treated as belonging to the Republic of Austria. Proceedings relating to the remuneration, etc., of the master or crew of a ship belonging to the Republic of Austria. Proceedings relating to offences committed on board ships belonging to the Republic of Austria. (1948 c. 56.) (1965 c. 34.) Detention on board ship for disciplinary offences.

L.N. 25/72. Citation. Ships to be treated as belonging to the Republic of Austria. Proceedings relating to the remuneration, etc., of the master or crew of a ship belonging to the Republic of Austria. Proceedings relating to offences committed on board ships belonging to the Republic of Austria. (1948 c. 56.) (1965 c. 34.) Detention on board ship for disciplinary offences.

https://oelawhk.lib.hku.hk/items/show/3018

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