CONSULAR RELATIONS (MERCHANT SHIPPING) (FEDERAL REPUBLIC OF GERMANY) ORDER

CONSULAR RELATIONS (MERCHANT SHIPPING) (FEDERAL REPUBLIC OF GERMANY) ORDER

CONSULAR RELATIONS (MERCHANT SHIPPING)
(FEDERAL REPUBLIC OF GERMANY)
ORDER

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

[4th February, 1972.]

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

2. (1) For the purpose of this order a ship shall be treated as
belonging to the Federal Republic of Germany if it is a ship which
lawfully flies the flag of the Federal Republic of Germany.

(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 Federal Republic of Germany shall not be entertained by any court in
Hong Kong unless a consular officer of the Federal Republic of Germany
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 Federal Republic of Germany by the master or
a member of the crew, proceedings for the ofrence instituted otherwise
than at the request or with the consent of a consular officer of the
Federal Republic of Germany 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 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 Federal Republic of Germany is designated for the
purposes of section 7 of the Ordinance (which relates to detention
on board ship for disciplinary offences).
L.N. 29/72. Citation. Ships to be treated as belonging to the Federal Republic of Germany. Proceedings relating to the remuneration, etc., of the master or crew of a ship belonging to the Federal Republic of Germany. Proceedings relating to offences committed on board ships belonging to the Federal Republic of Germany. (1948 c. 56.) (1965 c. 34.) Detention on board ship for disciplinary offences.

L.N. 29/72. Citation. Ships to be treated as belonging to the Federal Republic of Germany. Proceedings relating to the remuneration, etc., of the master or crew of a ship belonging to the Federal Republic of Germany. Proceedings relating to offences committed on board ships belonging to the Federal Republic of Germany. (1948 c. 56.) (1965 c. 34.) Detention on board ship for disciplinary offences.

https://oelawhk.lib.hku.hk/items/show/3022

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