CONSULAR RELATIONS (MERCHANT SHIPPING) (SPANISH STATE) ORDER

CONSULAR RELATIONS (MERCHANT SHIPPING) (SPANISH STATE) ORDER

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

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

2. (1) For the purpose of this order a ship shall be treated as
belonging to the Spanish State if it is registered in Spain.

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

(a) the ofrence 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. The Spanish State is designated for the purposes of section
7 of the Ordinance (which relates to detention on board ship for
disciplinary offences).
L.N. 35/72. Citation. Ships to be treated as belonging to the Spanish State. Proceedings relating to the remuneration, etc., of the master or crew of a ship belonging to the Spanish State. Proceedings relating to offences committed on board ships belonging to the Spanish State. (1948 c. 56.) (1965 c. 34.) Detention on board ship for disciplinary offences.

L.N. 35/72. Citation. Ships to be treated as belonging to the Spanish State. Proceedings relating to the remuneration, etc., of the master or crew of a ship belonging to the Spanish State. Proceedings relating to offences committed on board ships belonging to the Spanish State. (1948 c. 56.) (1965 c. 34.) Detention on board ship for disciplinary offences.

https://oelawhk.lib.hku.hk/items/show/3028

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