CONSULAR RELATIONS (MERCHANT SHIPPING) (JAPAN) ORDER

CONSULAR RELATIONS (MERCHANT SHIPPING) (JAPAN) ORDER

CONSULAR RELATIONS (MERCHANT SHIPPING
(JAPAN) ORDER
(CAP. 259, sections 5, 6, 7 and 8)
[4th February, 1972.]

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

2. (1) For the purpose of this order a ship shall be treated as
belonging to Japan if it is carrying the papers required by the law of
Japan in proof of Japanese nationality.

(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
Japan shall not be entertained by any court in Hong Kong unless a
consular officer of Japan 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 ofrence is alleged to have been committed on board
any ship belonging to Japan 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 Japan 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

(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. Japan is designated for the purposes of section 7 of the
Ordinance (which relates to detention on board ship for disciplinary
offences).
L.N. 32/72. Citation. Ships to be treated as belonging to Japan. Proceedings relating to the remuneration, etc., of the master or crew of a ship belonging to Japan. Proceedings relating to offences committed on board ships belonging to Japan. (1948 c. 56.) (1965 c. 34.) Detention on board ship for disciplinary offences.

L.N. 32/72. Citation. Ships to be treated as belonging to Japan. Proceedings relating to the remuneration, etc., of the master or crew of a ship belonging to Japan. Proceedings relating to offences committed on board ships belonging to Japan. (1948 c. 56.) (1965 c. 34.) Detention on board ship for disciplinary offences.

https://oelawhk.lib.hku.hk/items/show/3025

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