CONSULAR RELATIONS (MERCHANT SHIPPING) (KINGDOM OF DENMARK) ORDER

CONSULAR RELATIONS (MERCHANT SHIPPING) (KINGDOM OF DENMARK) ORDER

CONSULAR RELATIONS (MERCHANT SHIPPING)
(KINGDOM OF DENMARK) ORDER

(Cap. 259, sections 5, 6, 7 and 8)
[4th February, 1972.]

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

2. (1) For the purpose of this order a ship shall be treated as
belonging to the Kingdom of Denmark if it is registered at a port in the
Kingdom of Denmark.

(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 Kingdom of Denmark shall not be entertained by any court in Hong
Kong unless a consular officer of the Kingdom of Denmark 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 Kingdom of Denmark 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
Kingdom of Denmark shall not be entertained by any court in Hong
Kong, unless

(a) the offence is alleged to have been committed

(i) by or against a person who is a citizen of the United
Kingdom and Colonies, a citizen of Southern Rhodesia, a
British subject by virtue of section 2, 13 or 16 of the British
Nationality 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 in
regard to which the prosecution is instituted by a private
person; or





(e)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 Kingdom of Deninark is designated for the purposes of
section 7 of the Ordinance (which relates to detention on board ship for
disciplinary offences).
L.N. 27/72. Citation. Ships to be treated as belonging to the Kingdom of Denmark. Proceedings relating to the remuneration, etc., of the master or crew of a ship belonging to the Kingdom of Denmark. Proceedings relating to offences committed on board ships belonging to the Kingdom of Denmark. (1948 c. 56.) (1965 c. 34.) Detention on board ship for disciplinary offences.

L.N. 27/72. Citation. Ships to be treated as belonging to the Kingdom of Denmark. Proceedings relating to the remuneration, etc., of the master or crew of a ship belonging to the Kingdom of Denmark. Proceedings relating to offences committed on board ships belonging to the Kingdom of Denmark. (1948 c. 56.) (1965 c. 34.) Detention on board ship for disciplinary offences.

https://oelawhk.lib.hku.hk/items/show/3020

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