MERCHANT SHIPPING CONSOLIDATION ORDINANCE, 1879

MERCHANT SHIPPING CONSOLIDATION ORDINANCE, 1879

Merchant Shipping.

No. 8 of 1879

An Ordinance to consolidate and amend the laws relating to
merchant shipping, the duties of the Harbour Master, the
control and management of the waters of the Colony, and
the regulation of vessels navigating the same.

[30th December, 1879.]

Wherwas it is expedient to consoliaate and amend the laws
W relayng to merchant ^shipping, the duties of the Harbour ;Master,
the control and management of the waters of the Colony, and the
regulation of all vessels navigating the same°; and whereas doubts have
arisen as to the applicability of certain sections of 'The Merchant
Shipping Act, 1854,' and the Acts amending the same: Re it enacted by
the Governor of Hongkong, with the advice of the Legislative t,'ouncil
thereof, as follows:-

PRELIMINARY.

title. 1. This Ordinance may .be cited for all purposes as 'The Merchant

Shipping Consolidation Ordinance, 1879.'

v' 2. ~ In, the construction and for the purposes of this Ordinance (if
not inconsistent with the contest or subject matter) the following
terms shall have the respective °-rheanings heiicin6fter assigned to them,
that is to say

' Stipendiary Magistrate' shall mean and include the Police
~:~.Manistrates of the Colony, and_ the Marine Magistrate;
ORDINANCE ' No. 8 OF 1879.

Merchant Shipping.

'Master' shall include every person (except a pilot) having
command or charge of any ship ;

'Seaman'shall include any person (except masters, pilots and
apprentices duly indentured and registered) employed or engaged in any
capacity on board any ship;
' 'Ship' shall include any description of vessel used in navigation
not propelled by oars, except Chinese junks or lorchas not propelled by
.team. .

'Steam-ship' shall mean any vessel propelled by steam.
' Colonial Ship 'shall mean and includeevery ship registered under
section 3; part I of this Ordinance.
'River Steamer' shall mean any steam-ship carrying more than 12
passengers and regularly plying between the waters of flongkong and,
any port or place on the Canton River, or Macao.
'Tons,' 'Tonnage 'Shall mean tons and tonnage, as calculated
according to British measurement of registered,. tonnage.

The term 'Waters of the Colony' shall (except as hereinafter

ided) be, for the purposes of this -Ordinance' deemed to comprise the
ov
waters situate nwithin a radius of onei' rnarie ague el'rom the shores of
the Colony : Provided always that this intexlYretation.shall not
beconstrucd: -
to affect waters within such radius in any case where such waters are
.situate :within the territorial limits or jurisdiction of the empire of
China.
F ' Passenger' shall mean and -include any person ~` erred in any
vessel other than the- master, seaMen, :and apprentices duly: indentured

and registered.

PART; I
MERCHANT SHIPPING .A/ND..', ~' MEN:
CHAPTER-~ I. ,,-rte

,REGULATION OF BRITISH . AND ~~LO1\'.LAL SHIPS.
SHIPS.

`3: Na ship own ed b-?a. BritC/o
~ sub~%. shall be atliberty to 4d&'-*-`3.'No ship Own b-?:.a.,-Britis sub
%,shalt be'`-'-
yin or from the waters ,of this ny~,:`r nless she is proV tided -~_,~. zn
~~%P~t~nt
- .certificate of registry:-in con fo rmi . ~v~t~i the Tm erial Acts o'
Parliament ~~p, `~

use the wjj~ei$
of the Colo'U'.
.in that behalf.
_. _tgee Ordi-

aaxce No. 9 of
ORDINANCE No. 8 ~ of 1879.

Merchant Shipping.

Chine I se 2. The Governor may, at. his discretion, grant a Colonial
register as -
Crown lessees
entitled to hereinafter provided ito any Chinese person resident within
the Colony
hold Colonial
~~egister. applying for the same, provided such applicant be a registered
lessee of

[1Lid, sec. (i.]

Crown lands within thin Colony, a nd thathe tenders as securities for the
due .performance by him of all the requirements of this section two other'
Crown lessees, and that he and such lessees be severally reported by the

Registrar General to be each worth two thousand dollars in this Colony,,
and should such applicant be a member of any shop or partnership, that
the seal of such. shop or partnership be also affirmed. to the security
to be,
given by .him. .

8. When any person. shall be, desirous of obtaining a Colonial

t-e a declaration

~ ~ such person sball forward to the Colonial Secretary
ia. writing , stating whether the Colonial ship for which such register is
sought'is~intended to be employed solely in trade with China, .or on more.
distant voyages: ~ Provided always, that should such declaration be false,

ortheC61
onial ship to which it relates not btnployed in conformity kith
` ~' th4regxster thereb obtainEd shall i `s6 acts become null and void.
`_. uments 'S 5 4. ~~Cc,ilonial register shall be given, der the hand of
the Governor,
sary
1)r
r :. 'ass to ~.. ,on:.a~ r ~~tion~nf the following documents :

certificate as hereinafter provided by

_. , . ... '~_cti©n of the ~Colon.ial Secretary.

Dint and seye'ral bond of the owner and two sureties,
k binditigm each and every of, the 'several obligees under a
` ,pe,a1smof five thousand ddlla~s, to comply with all

~e icy ors of this, ordinAnce and with all the laves

b dxn4'R ri.~i-sh subjects ~ath regard to trade with.

s~tveyo~y: ,~ . The Sur'v~or c~ate, -re, t0 in subsection 4 of this.

cortifica~e~. ~a~, ,`~ ;.
t~ ~~. ~ ~ , ~~a shall, in case a r~m-4hxp, be a certificate granted under

~;~1~,.~ t~` ~~is Ordihn y, ; an ~~.n ease --of a sailing
.:vesse::~`s~:aIlki~e ar

cer~: specifying the pier eas,urcMcnG, of the, shin' a

'~ -` :~, y ~.-~.~hc,la. 'e is

ter, end. ~`h~` such ship has proper anchors and chains,

°~: _ -: Ca ~~; zany ~~-~.er bottom
~heat-hed with mefi`al, and that such ship
strongly milt aid pr6perly 'equip ped forvhe trade for,

declaration of ownership with:` proof thereof to the satis-
ORDINANCE No..s of 1879.

Merchant Shipping.

6. It shall not be lawful for the owner of any Colonial ship to give
her any name other than that of leer registry, and such owner shall, after
registry, cause to be painted in white or yellow letters not less than
four
inches long her name upon some conspicuous part of her stern and on
each bow in a distinct and legible planner, both in Roman and Chinese
`Characters, and shall so keep and preserve the same, upon pain, on breach
of the provisions of this subsection, of paying a penalty not exceeding
-five hundred dollars. `

7. The register of. every Colonial ship shall be produced once at
least every -- siz months to the .Harbour Master, who shall endorse the
date of such production on such register, upon pain, on failure of such
production, of the forfeiture of such register, unless satisfactory cause
for such non-production be shown to the Colonial Secretary.

8. Every register, certificate, endorsement, declaration, or bond
.authorised or required by this section, may be provW= fib, any. Court of
,Justice, or before any person having by law t~ :.ties

authority to receive evidence, either, by the pr
by an examined copy thereof, or by'u copy

certified under the. hand of the Colonial S

for the time being, shall happen to have ~qV ;t he original, which
certified copy he is hereby required to rni,~ tf 9,~every person applying
at areasonable dine for the same, ard payi~i~ 'therefor the sum of one
dollar; and every document, when so-ft'Pae=as -aforesai.d, shall be
received
as prircd facie evidence of all matters ~h~xeinr recited, stated, or
appearing.

9. The British flag m-ay b~ -iced on board of any Colonial ship
lawfully possessing a aColonial ~~gifer

1Q. Upon any change of owrershrp'~_Aby Colonial ship registered
cinder this section, such. cl*ge.as aforesaiashall be endorsed upon her
register _ under the 'hand. of tie Governor: and any change of master
shall be endorsed upon the register by the Harbour Master.

:, ' 11: Every Coloxi:al ship .(ex~ept Chinese junks or lorchas) provided.
cv~h aColonial register n3tler this section shall be, in every respect,
subject to the provisions ,14 part I of this Ordipgfice and (except
-where,
lie same are in consis0nt with the 'germs of this? section) to the
provisions

1481

Name of Colo-
nial registered
ship.
(Ibid, sec. 4.]

Production of
Colonial
register to'
Harbour
Master every
,-,ix >7zowtn5.
[Ibid, sec. aj

Colonial
registers, d:c.
ma be p~ov-
ed ~p pro-:

~o~ic

isnW ''~ee ~~`

CI inese resi-
dents may .
use the
British flag
in Colonial
registered
ships.
[].bid, sec. .1..1

Change of
owner or
roaster.
[ordinance `
No. 4 of 1855,,
sec. 9.j

Colonial
registered
-ships to be
subject to
Merchant
fihi.ppng
Acts, &c.
C

ORDINANCE NO., 8 of 137.

Merchant 8hippin
g.

of 'The Merchant Shipping Act, 184,' and to the Acts amending the
same, in the same manner and to the same extent as British ships regis-
tered under the said Acts are subject thereto, in the waters of this
Colony, or in trading therein or therefrom.

Duration or- 12. Any Colonial register granted under this section shall be
in
Colonial
reyste~. force and effect for one year from the date of such register, and
no.
[J bid, see.
1o.1longer, and such register shall be renewable by endorsement on the
same, under the hand of the Governor, if he shall so think fit. Provided
always that whether the register is intended to be renewed or not such
register shall be delivered into the custody of the Colonial Secretary
five days before the expiration of the dear for which it has been granted
or in the event of the,=registered ship being at sea then on her return to
the waters of the Colony, and that the owner; agent, or master of any
such ship neglecting yto comply with the =requirements of this provision
slxall incur a pQalty_,, e.pt exceeding $500.

1 & - Wo po'' ~ec~6shall be instituted under this section unless

4nder the fiat o~ ;~t~`~ny General.

R EG~F~'~T~ ~T,CERNING SAFETY.
.B'oa~sro~ ~~goang Ships.
4: The following rules s4al1 Ire:ob st~ed with respect to boats, rafts
and life buoys, that is to say :--
(a.) No decked British sh~.~ y(e~c~ipswsed solely as steam
tugs) shall proceed ~o sea hf~ ~iis Colony unless she
is provided, according to l~r tonnae, with boats, duly
supplied with all requaite~ a'or :use, and not ,being fewer
in number nor less in their cubic contents than the
boats the number and. cubic contents of which are
specified in the table riiarked A in the schedule hereto
for the class to which such ship belongs: Provided
that the Governor miay, ~Gt the request of the owner, or
i master, authorise the redyt~ion of the number and thel
variation of the dimensions o~' such boats and also
----:~ubstitu,iion of rafts or other q?liances for savxz~1
for a Q.y such boats,y.so neverthele~r~. _ that the-=y
ORDINANCE No. 8 or 187 9.

Merchant Shipping.

reduced or varied and the rafts or other . appliances so
substituted be sufficient for the persons carried on board
the ship : Provided also that it shall be lawft,l for tte
Governor in Council, from tirne to ticrie, or at any time
hereafter, to alter, amend, or repeal the said table marked
A, or to make a new table in lieu thereof. Every such
new table and every alteration, amendment, or repeal'of
the said table A shall be published in the Gazette, and,
after such publication, shall be as valid to all intents
and purposes as if' such new or amended table had been
originally inserted, instead off' table A in the schedule to
this Ordinance.

No such ship carrying more th'an twelve passengers shall
proceed to.sea from any place in the Colony, unless, in
addition. to the boats hereinbefore required, she is also
provided with a life boat furnished with all requisites
for use, or unless one of her boats hereinbefore required
is rendered buoyant after the manner of a life boat.

(c.~To such ship as last aforesaid shall proceed to sea, unless
she is also provided with not less than, two approved
life buoys ;-

Arid , such boats and life buoys shall be kept so as to be at all tirnes
fit
and ready for use: Provided, that the enactments with respect to boats
and life buoys herein contained shall not apply in any case in which a
certificate' has been duly obtained under the fourth section' of ' The
Chinese Passengers Act, 1855.'

2-. In any of the following cases, that is to say:-

(a.) If any ship hereinbefore required to be provided with
boats, rafts or life xbuoys proceeds to sea without being
so provided therewith, or if any, such boats., rafts, life
buoys, or other appliances for ~ saving life are lost or
rendered unfit for service in the course of the voyage
through the wilful fault or nea igence of the owner or

master; or,

If in case of any of such boats, rafts,. life buoys, or other
appliances for saving life being accidentally lost or

1.53

Penalties on
masters and
owners, &c.,
neglecting to
provide
boats and
life buoys.

1854, See.
293`
Mast& not
to clear ships
., riot Co1T1-
,. Iyxng with .
he above
`~' J~o'Oszons.
fM;S. A.,
3:854; sec.'

ORDINANCE No. 8 of 1879.

Merchant Shipping.

injured in the course of the voyage, the master wilfully
neglects to replace or repair the same on the first
opportunity; or,

(c. ) If such boats, rafts, life buoys, and other appliances for
saving life are not kept so as to be at all times fit and
ready for use ;-

Then if the owner appears to be in fault he shall incur a penalty not
exceeding five hundred dollars, and if the master appears to be in fault
he shall incur a penalty not exceeding two hundred and fifty dollars.

r. The Harbour Master shall not graut a clearance for any ship
hereinbefore required to be provide with boats, rafts, life buoys, or
other
appliances for savinn life unless the same is duly so provided ; and if
any such ship attempts to go to sea without such clearance, the Harbour
M aster nay detain her until she is so provided.

Survey of Steam-ships of 50 tons and upwards.

This section shall apply:-,

(a.)-'ro all British steam-ships of 50 tons and upwards carrying
more than twelve passengers and being wwithin the
waters of the Colony which have not been surveyed in
the United Kingdom or in any British possession within
the preceding twelve months under the provisions-of
~~ The Merchant Shipping Acts, 1854 to 1876,' or any
legislative enactment for the time being in, force in Great

Britain and Ireland or in any British possession.

(b. j To all Foreign steam-ships Of, '50 tons and upwards being .
within the waters of the Colony and carrying more.`than
twelve passengers from the Colony and which have not, -
from their own country, or the country from .whose
flag they may have been, transferred, or from any British
port, survey and other certificates 'equivalent to = those
required in the: case of British steam-ships : 1'xovided
that in the event of any question arising as to: :t1i

sufficiency: of any foreign certill'cate to protect they steal

ship holding the same from survey under this section,
such question shall be referred for settlement tothe
Governor in Council whose decision thereon shall be final:
OR.DIVTA~,7CE \o. 8 of 179.

?Merchant Shipping.

(c.) 7.'o all steam-ships of 50 tons and upwards propelled-by
steam plying within the waters of the Colony, and
carrying more than twelve passengers.

(d.) '1'o all steam-ships registered in this Colony of 50 tons
and upwards, and carrying more than twelve passengers.

( e. ) To river steamers.

2. Such steam-ships shall be provided as follows, that is to
say:-
.

1485

(a. ) Every steam-ship of which a survey is required by this
section, shall be provided with a safety valve upon each
boiler, so constructed as to be out of the control of the
engineer when the steam is up, and, if such valve is in
addition to the ordinary valve, it shall be so constructed
as to have an area not less,' and a pressure not greater
than the area of and pressure on that valve.

(b, ) Eve; steam-ship carrying more than twelve passengers
shall have her compasses properly adjusted from time to;
time; such adjustment, in the case of ships surveyed as
hereinafter mentioned, to be made to the's atisfaction of.
the Government surveyor or surveyors and according
to such regulations as may be. issued by the Governor.

(c.) Every steam-ship carrying more than twelve passengers and Fh4ilase.
every British steam-ship ( unless used solely as a steam
tug) shall be provided with a hose adapted for the pur-
pose of extin ;uishing fire in any part of he ship and
. capable of being, connected with the engines of the slip.

(d. ) Every steam-ship carrying more than twelve passengers
shall be provided, to the satisfaction of the Governor:-

(L) With means for lna?6ng the signals of distress

at night specified in the first schedule to 'The
Merchant Shipping Act, 173,' or in any rules
substituted therefor, inel-u,dling means of making

Aflarnes on the ship which are inextinguishable..:--inwater, or such
other means of making sign`als:
of distress as the Governor nay previously
approve; and

EquipmGrif. af
steam-ships.
[.fhzd, sec.
301.}

Safety::~lvc .-

Compasses to

be adjusted..
ORDINANCE No., 8 of 1879.

Merchant Shipping.

(2.) With a proper supply-of lights inextinguish-
able in water, and fitted for attachment to life
buoys.

Shelter for
deck pas-
sengers.

(e. ) Every steam-ship carrying more than twelve passengers by
sea, not coming within the provisions of the Chinese
Passengers' Act of 1$55, or of any Ordinance made in
pursuance thereof shall be provided with such shelter for
the protection of deck passengers (if any) as the Governor,
having regard to the nature of the passage, the number
of deck passengers to be carried, the season of the year,
the safety of the ship,-and the circumstances of the case,
may require.

pou&ity. If any such steam-ship as aforesaid goes to sea from any port in
the
Colony without being so provided as hereinbefore required, then for each
default in any of the above requisites, the owner shall (if he appears to
be
in fault) incur a penalty not exceeding five hundred dollars, and the
master shall (if he appears to be in fault) incur a penalty not exceeding
two hundred and fifty dollars.
If any person places an undue weight on the safety valve of any
steam-ship coming within the meaning of subsection 1 of this section, or
increases such weight beyond the limits fixed for any British steam-ship
by the Government surveyor as hereinafter mentioned, he shall, in addition
to any other liabilities, incur by so, doing, a penalty not exceeding five
hundred dollars.

4. The Governor may, from time to time, appoint such number of fit
~ppc

~ur~Q~,: a~cl proper persons-to be Government surveyors for the purposes
of this
a
remand
6~dh Dee as he thinks proper, and appoint -their duties, and may, from
~o ~ ' sec y 'dime tO tixrie; remove Sueh surveyors, or any of~them, and
may, from time
to dine, fix and alter tie remuneration to be received, by such surveyors.
Surveyors to `~.' It :shall beJa~A-klif~i the~:~sd surveyors in
theexecution of their

it Sp~p~ ower to duties .to:..go on board ~.~ar ~~_ to whicla this
sectib'n applies, at all
Ad, sec.
reasan:able- ti mesj an lf o ms~,_e ` e, or . any part thereof, or any ~f
the machinery, boats, equipments., yr. arficles on board thereof, or any
certificates of the master, mate, -car= eogzneer,- to which the
provisions of

~~ The 3Ierchant~ Shipping :Acts, 1854 to 1:876' or~ ally Ordinance; or,
and
of the regulations made; or to be made under a said Merchant Shipping
ORDINANCE No. 8 of 1879.

Aferchant Shipping.

Acts, or such Ordinance for the time being in force in this Colony.apply,
not unnecessarily detaining or delaying the ship from proceeding on any
voyage, and, if in consequence of any accident to any such ship or for any
other reason they consider it necessary so to do, to require the ship to
be
taken into dock for the purpose of surveying the hull thereof; and. any
person who hinders any such surveyor from going on board any such
steam-ship, or otherwise impedes him in the execution of his duty under
this Ordinance, shall incur a penalty not exceeding twenty-five dollars.

6. The said surveyors shall execute their duties under the direction Y
covemor to
regulate node
of the Governor, and the Governor may make regulations as to the or
$ui'vey.
manner in which the surveys hereinafter mentioned shall be made, and as
307?j'soe~
to the notice to be given to the surveyors when ~ surveys are required,
and
as to the amount and payment of the- fees due and of any expenses in- ,
curred by such surveyors in the execution of their duties, and may thereby
determine the person by and to whom and the `conditions under which
:such payment shall be made.

7. Every surveyor who demands or receives directly or indirectly i~en»ity
«a
Surveyors
from the owner, agent, or master of any ship surveyed by him under the
iweiving fees.
[Ibzd, sec.

provisions of this Ordinance, or from any other person any fee or remu-
neration whatsoever for or in respect of such survey, shall incur, a
penalty
not exceeding two hundred and fifty dollars.

8. The owner, agent, or master of every steam-ship being within
the waters of the Colony shall, where such steam-ship comes within the
meaning of this section, cause the same to be surveyed by one or more of
the Government surveyors; and such surveyor or surveyors shall there-
upon, if satisfied that be or they can with, propriety do so, give to such
owner declarations as follows :-

a.) A declaration of a Government surveyor shall contain

statements of the following particulars that is to say :-

owiler td
have survey
made,by
surveyor, end
surveyor to
give decla,ra-
tions.
[Jbid, sec.
31153.

(1. ) 'that the hull of the ship is sufficient for the
service intended and in good condition ;
(2.) 1That the boats, rafts, life buoys, or othe-

appliances for saving life, lights, signals,
passes,an
certificates ,106,
d shelter for deck passengers
of th& master and mate or y.
are such and in such condition as requ~ed

1 aw.
ORDINANCE No. S 'OF 1879.,

Iferchrznt Slipping.

( 3. ) The time ( if less than twelve months) for
which the said hull and equipments will be
sufficient;
(4.) The limits (if any) beyond which, as regards
the hull and equipments, the ship is, in the
surveyor's judgment, not fit to ply ;
0. ) With reference to all steam-ships not coming-
within the provisions of the Chinese Passengers'
' Act, 1855, or of any Ordinance made in pur-
suance thereof, if plying or intended to ply
for hire, the number of passengers which such
ship or vessel is, in the judgment of the sur-
veyor, fit to carry, distinguishing, if necessary,
between the respective- numbers to be carried
on the deck and in the cabins, and in the
different parts of the deck and cabins; such
numbers to be subject to such conditions and
variations, according to the time of year, the
nature of the voyage, the cargo parried, or other
circumstances, as the Governor in Council may;
from, time to time, direct by any regulations
to be made by him for this purpose, and until
such regulations are made and so far as the
same shall not extend, according to the regula--
tions contained in table E in the schedule'
hereunto annexed.

And also a declaration of a Government surveyor containing.
statements of the following particulars, that is to say :-

(L) That the . boilers and machinery of the steam-
ship are sufficient for the service intended, and
in good condition ; .

( 2. ) The dime ( if less than twelve i°non.ths) - forv-~
which. such boilers and machirier~r; will be
sufficient;
^

(r. ) That the - safety valves and firs hose, , when
requisite, are such and in such condition as arms:
required by this Ordinance;
.
ORDNANCE No. 8 of 1879.

Merchant Shipping.

(4.) The limit of the weight to be placed on the
' safety valves;
(5.) The limit (if any) beyond which, as regards
the boilers and machinery, the steam-ship is,
in the surveyor's judgment, not fit to ply;

And such declarations shall be in such form as the Governor directs.

9. The said owner, agent, or master shall transmit such declarations
to the Governor within fourteen days after the dates of the receipt
thereof
respectively; and in default, shall forfeit a sum not exceeding two
dollars
for every day that the sending' of such declarations is delayed; and such
sum shall be paid upon the delivery of the certificate hereinbefore
mentioned in addition to the fee payable for the same, and shall be
applied
in the same manner as such fees, and if. the declarations are not
transmitted
to the Governor within twenty-fve ~' tu-enty eight' as amended by
Ordinance
lVo. 3 of 1880] days the fees and forfeitures shall be recoverable as a
debt
due to the Crown.

10. Upon the receipt of such declarations, the Governor shall, if
satisfied that the provisions of this section have been complied with,
cause
a certificate in duplicate to be prepared and issued to the effect that
the
provisions of the law- with respect to the urvey of the steam-ship and
the transmission of declarations in respect thereof Ave been complied'
Nvith, and such certificate shall state the limits (if any) beyond which,
according to the declaration of the surveyor or surveyors, such' steam-
ship is not f t to ply, and' shall also contain a statement of the number
of
passengers which, according to the declaration of the surveyor or
surveyors;
such steam-ship is fit to carry, distinguishing, (if necessary,) between
the
respective numbers to= be carried on the. deck and din the cabins, such
number to be subject to such conditions and variations, according to the
time of year,- the nature of the voyage, the cargo carried, arid other
.circurnstances, as the case requires: '

11. The Governor shall transmit such certificate in duplicate to the
Harbour Master, who shall , deliver the sao ta- _tLe owner, master, or
agent on: his applying and paying the balapqe,46and other sums (if
any) herein. mentioned as payable in that beat .

L2. Tie owner; agent; or master of every steam-ship requiring a
.certificate under this section, shall pay for every-certificate granted
by the

Covernor the fees mentioned in the table marked C in the schedule hereto:
; 314,1

of declaration
to the
0ovaxnor.
Penalty for
delay.

310.1

Governor to
issue certifi-
cate.
[1 hW, sec.

l saue. and

trab,smissiiiii-
of e6rtzAcate
f 2aid, see:

Fee~:Ito be
p9d for
ceitiflcatE;.

rTaia; see.
ORDINANCE 11,'0.8 or 1879.

Merchant 8Itipping.

il4w, long . . 13. No certificate shall be held to be in force for the
purposes of this.
co,'tircates to
con ivinue ii L' beyond a period of twelve months; and no certificate
shall be in
[rbzd, sea: force after notice is
3 155.] given by the Governor to the owner, agent, or master
of the ship to which the same relates, that he has cancelled or revoked
the same. Provided that if any steay-ship is absent from the Colony at
the time when her certificate expires no penalty shall be incurred until
she commences a voyage after her next s tabsequent return to the Colony,
and the Governor may require .any certificate which has expired. or has
been revoked or cancelled to he delivered up as he directs, and any owner,
agent, or master, who without any reason%ble cause neglects or refuses to
comply with such, requirement, shall incur a penalty not exceeding fifty
dollars. . .-

ooverti n>' may 14. The Governor may revoke and cancel such certificates
in any
cancel certifi-
(:fVt(;.5, and case in which he has reason to believe :--- ,

require fresh

'

declaration,. . .
(zaid, see. (a.) That the declarations of the sufficiency and food
condition
of the hull, equipments, and machinery of any steam-ship
have been fraudulently or erroneously made; or,

(b:) That such-certificate has otherwise been issued upon false
-
or erroneous information ; or,

(c.)» That since the making of such declarations, the hull
equipments, or machinery of such steam-ship have
sustained any injury, or are otherwise insufficient: '

And.. in every such case the Governor may, if he thinks fit, require the
owner to have the hull, equipments . or machinery of 'such steam-ship
again surveyed, and to transmit a further declaration or declarations of
the suflioiencyT and good condition thereof, before re=issuing any
certificate,

`Oro'rantino, a fresh one in lieu thereof.

15: The owner, abent, or master of ewr~'~ s~--hh steam-ship, shall
Copy of

certificate to~ .~

for~hv~ith., on the transmission of any such ~cert~fic a~afaresaid to him

conspicuous _

part of fih~; or fhrs agent, cause one of the duplicates thereof ib tr .g
~~nitted to .be put
~~a~, ~~C. . u in:_stanle cons icuous ~~r ~ pf=h~ ship, so as to:-die
~~1e to all ' ersons

~~7.1. p . p p h, p

on board the same; and shall, ~a'uae it to be continued -put up so long
as such certificate remains in fake and such steam. s~=s in use; and i~
default, such owner, agent,,-or master shall, for eve*koffence; incur
penalty not exceeding fifty dollars.
ORDINANCE No. 8 OF 1879.

Herchawat Shipping.

16. The said surveyor or surveyors shall, from time to time, make
such returns to the Governor as he requires with respect to the build,
dimensions, draught, burden, rate of sailing, room for fuel, and the
nature
and particulars of machinery and equipznents of the steam-ship surveyed
by him or them; and every owner, master, and engineer of any such ship
shall, on demand, give to such-surveyor. or surveyors all such,
information
arid assistance within his power as he or they require for the purpose of
such returns; and every such 6wner, master, or engineer who, on being
Applied to for that purpose, wilfully refuses or neglects to -give such
information or assistance, shall incur a penalty not exceeding twenty-five

dollars.

Penalties for carrying passengers in excess of the numbers allowed by
certificate, or in a certain proportion to tonnage.

'6. The maser of any: steam-Ehip carrying more than twelve
passengers shall, upon application to the Harbour Master for a port
clearance, state the number of passengers he purposes ,to carry in the
then.
projected voyage.; and if such number shall ~bein excess of the number
mentioned in the certificate, the Harbour iMaster may refuse a part
clearance to such ship. Any-master wilfully misrepresenting the number
of passengers so about to be carried shall incur a penalty not exceeding

two hundred and fifty dollars.

2. Any master of any; such ship who shall, after having obtained
such port clearance, wilfully take or receive on board such vessel any
number of passengers greater. than that allowed by the said port
clearance,
shall, on conviction, incur a,penalty not exceeding two hundred dollars
in' addition to a penalty not exceeding five dollars for every such
passenger in excess of -the number permitted to be carried by the said
port clearance; and the master of an' such ship proceeding to sea without
a port clearance shall incur a, penalty not exceeding five hundred
dollars.

3. Tt shall be lawful for , the Governor in Council to prohibit the
conveyance of deck passengers by any steam-ship.
r.

_`.4. ` This section shall knot apply to ships or vessels which come
within
the operation of the Chinese Passengers' Act; 1855, or of any Ordinance

made or hereafter to be made in pursuance of the provisions thereof.

surveyors to
make returns
of the build
and other
particulars of
steam ships,
and owners
and masters
to give
information
for that
turpose.
Did, see.
.2 1. ]

Harbour
Master may
refuse clear-
ances to ship
carrying more
passengers
than allowed
by cert~e'ate.-

Petxalty for
taking more
passengers
than allowed
by certificate,
and alto for
leaving with-
out a port
clearance.

Governor
may prohibit...

conveyance of
'deck-.- - .:.
rpassepgers:

This section
not to apply
to ships or
vessels which
come under
the Chinese
Passengers'-
,Act, 1$55, &c.
No. S oF 1879.

Merchant Shipping.

Steam-ships under 50 togas.

~steani.shipe 7. It shall not be lawful for any steam=ship of less than
fifty tons
under so tong burden to carry passengers for hire within the waters of
the Colony, or:

not to carry y ' h passengerpassengers for
to any place outside the waters of the Colony, unless she has obtained a
hire without
'licence. licence as hereinafter provided, and in case any such steam-ship
shall be
so employed as aforesaid without a licence, the owner, master, or parson
.in charge thereof shall incur a penalty not exceeding five hundred
dollars.

The Harbour 2:- The Harbour Master may issue to steam-ships of less than
fifty
Master to ' -

issue licences. tons burden, licences for carrying passengers upon the
conditions

prescribed by such regulations as are for the time being in force under
this section.
a
Regulations. 3. The regulations contained in the table F of the schedule
hereunto
annexed shall continue in force until altered or repealed as hereinafter
provided. -

4. ~ The Governor in Council may, from time to tine, alter,'amend;.or
repeal- the said regulations or any of them, and may make other regula-
'tions: as he deems requisite: very new regulation and every alteration,
amendment, or repeal of an existing regulation shall be published in the
Gazette, and after such publication shall have the force of laic.
5. If any steam-ship licensed under this section carries within the
waters of-the .Colonymare passenger s than her licence allows. the owner
or master thereof shall incur a,pena.lty not exceeding two Iondred and
fifty dollars.-
Zf any unlicensed steam-ship of less than fifty tons burden arrives

~e a~, °~' V in' the waters of the Colony carrying ° more passengers it)
proportion to

4r4 °4119'Vith
J her size than she would be licensed to carry cinder the regulations for
the

e~ y

'~;~ ; txrrie being in force under this section, the master thei Wf
s~ll`=` incur a

p-enaL~y not exceeding one hundred dollars:

Pen

aztY forv 7. , If any steam-ship licensed under this section PR- 171
i7~'h0 Waters
plying with-
vont a certifl- of the Colony without a certificated master or engineer
fa6 ~d h~ Ordi-
y~a~ masxer`~ ' nancs .1Va. 3 of 18,80, and 6y Ordinance Ao. 19 of 188. .s
rp~ided .by
table .F, the owner thereof shall incur a penalty not
exceeZ:n9'~`~'hundred
dollars or imprisonment with or without hard labour feir a rod not
exceeding three months.
ORDINANCE No. 8 of 1879.

Merchant Shipping.

8. If any person places an, undue weight or pressure, on the safety
valve of any steam-ship licensed under this section, he shall incur a
penalty not exceeding one hundred dollars y or imprisonment with or
without hard labour for a period not exceeding three months.

9. Every- steam-ship, whether licensed or not, of less than fifty tons
steamers to
burden shall, when under way between sunset and sunrise, exhibit a
exhibit, lignrc.
green light on the starboard bow and a red light on the port bow and a
bright light at least ten feet above the coloured lights ; and every such
steam-ship shall, when at anchor between sunset and sunrise, exhibit a
bright light at least IO feet above the gunwales.

10. Any person offending against the provisions of this section, or

against any of the regulations in force for the time being under this
section shall, where no penalty is specified, incur a penalty not
exceeding
fifty dollars. - - .

Ir'iuc3i stearn.eo°s.

_ $. It ahall be lawful for the Governor in Council to grant a, special
licence to any river steamer specifying the number of passengers she may

lawfully carry.

2. Such special licence shall continue in force during the period in
which the river steamer holding the same shall be rejularly employed in
such capacity; ; but such special licence may be revoked by the Governor
in Council upon receiving a declaration in writing from any Government
Cure=eyor that the river.steamerholding the same has become unfit to
carry the nun3ber of passengers authorised by such licence or upon such
river steamer ceasing to.be regularly employed as such.

3. The-owner or master of tiny river steamer' leaving or entering penalty
for
exceeding .
the waters of the Colony with passengers on board in excess of the number
limit allowed, authoriseel by the special licence, shall incur a penalty
not exceeding by licences.
$250 , and i.n addition a penalty not exceeding $5 for every passenger on
board in excess of the nulab~r authorised by the special licence.'

4. No steam-ship not holding a special licence shall, between the
waters of the Colony and any part in the Canton river or Macao, carry
more than 2 passengers in proportion to ever°y three tons of the
registered
net 'tonn,' of such steam-ship ; and the owner, agent, or master of any
such steam-ship leaving or entering the waters of the Colony with passers-.
gers on board in excess of such proportion, shall incur a ,penalty not

Offences
against regu-'
la,tions.

Licences s,Y

-

b© granted; Go

river steamers
l,imitiag the .
number of
passengers.`
Period dnrirla
which licen-
ces shall be.in
force.

Limit of pate.
sengers to be
carried by
steam-ships
nod holding
special licen-
ces between
Hongkong,

Canton and
Macao.
.5... 1876,
'see. 8.]
'Po*er to
detain unsafe
ships, and
procedure for
such deten-
Hors.

ORDINANCE No. &.op 187R.

Merchant Shipping.

exceeding $250 in addition to a .. penalty not exceeding $5 for every
passenger carried in excess .of such proportion.

Unseaworthy ships.

- 9. Where a British or Colonial ship being in~any port of the Colony,
is by reason of the defective condition of her hull,, equipment, or
machinery,
or by reason of overloading or improper loading, unfit to proceed to sea.
without serious danger to human life, having regard to the nature of the
service for. which she is intended, any such ship (hereinafter referred to
as''unsafe ') may- be provisionally detained for the purpose of being
surveyed, and either finally detained or released, as follows:-

(a.) (a.) The, Governor, if he has reason to believe- on complaint.,
or otherwise, that a British or Colonial ship is unsafe,
may provisionally order the detention of such ship for
the purpose. of being surveyed. ,

(b.) When a ship has been provisionally detained, there shall
be forthwith served on the- master of the ship a written
statement of the grounds of her detenton,..and the Gov-,
eror may, if he thinks fit, appoint some competent
person or persons to survey the slip and report to shim.

(c.) The Governor on receiving the report may either order the.
ship to be released, or, if in laic opinion, the,ship is
zxnsafe,may order her to be finally detained, either abso-
lutely or until the performance of such conditions with,
respect to tlTe execution of repairs or alterations, or the
unloading or reloading of cargo. as the Governor thinks
necessary far the protection of human 1 ife, and may, .
from time to time, vary or addJo any such order.

(d. ) Before the order. for final detention: is :made; a copy: 4 the
report shall be served a pon the master of the ship; and
within seven days after such service the owner; or gent;
or master of the ship may y,appeal > in the prescribed
manner, to the Courttolf survey constituted lender chapter
3, section 3, sub§ectian 10, df this Ordinance;

(e.) Where a ship- has been pravisiona'lly, detained, tl=`~owner,
or agent, or master of the ship, at any time before the,
person appointed under this section to survey, the ship
ORDINANCE. No.' & of 1879.

Alerehani Shipping,

makes such survey; may require that-he shall be, acconl-
panied by such person of nautical, engineering, or other
special shill and experience to be approved by the Gov-
ernor as the owner, or agent, or master may select,
and in such case, if the surveyor and assessor agree, the
Governor' shall cause the ship to be detained or released
accordingly, but if they differ, the Governor may act as,
if the requisition had not been made, and the owner,. or
agent, and master shall have the like appeal touching
the report of the surveyor as is before provided by this

section. -

(, f. ) Where a ship is provisionally detained, the Governor- Tway
.at:a;ny. time,: if he thinks it expedient, refer the matter to
the -Court of survey*>
(. ) The Governor may, at any time, if satisfied that a ship
detained under this ,.Ordinance is not unsafe, order her
to be released either upon or without any conditions.
4. If it appears that there was not reasonable and probable cause,
lay reason. of the condition of the ship or the act or default of the oer
or agen, fpr tbo provisional detention of the ship, the Governor shill be
liable to pay to the owner of the ship hi§ costs of and incidental to .the
detwitou and survey Qf the ship, and also compensation for any loss car
darnae- sustained by bin z by reason of the detention or survey.

If`a ship is finally detained under - this Ordinance, or if it appears
that a, ship provisionally detained was, at the time of such detention,
iarisafe within the meaning of this Ordinance,. the owner of the ship
shall
be ~Iable to pay to the Governor his costs of and incidental to the deten-
tion and survey of the ship, 'and those costs shall, without prejudice to
any othet' remedy; be recoverable in a summary way before any Stipendiary
Xastrate.

`.for the purposes of this Ordinance the costs of and incidental to any
W6ceen,grbefore a Court of survey and a reasonable amount in respect
cflaet'euirferation~ of the surveyor of the Governor shall be deemed to
be at;o't-hecosts _of the detention and survey of, the ship, and any
:d~s:utento'the aaount~ of costs under this Ordinance may be referred
to strar: of the Supreme Court, who; an request m,ide to hirn far
thaphase: by the- Governor., shall ascertain and certify the pro~i>or
amount 'of such costs. .

Liability ~bf

-

tliO - '(a crv6rrwr
~rxd--~a-w-:
civcrner l't),r
0vsts all('1. _
clalnti.'c;;;...- .
ORDINANCE VTo. ~8 :oF .1879:!

Merchant Shipping.

k (i17 A. 1876,
x

t~ Power to

`

ivqtlire fromu
(;oml>la inari r,
5ecuriti- for

An action for any costs or compensation , payable by the Governor
under this section shall be brought against the Attorlaey General in a
suit
instituted by the plaintiff as claimant against 'The ',Attorney General '
as defendant, and the provisions of subsections 2, 3;' 4; and 5, of
section
83, chapter 14, of the Hongkong Cone of Civil Procedure shall apply to
such suit.

3. Where 'a complaint is made to the Governor that a British or
Colonial ship is unsafe, he may, if he -thinks fit, require the
complainant
to give security to his satisfaction for the costs and compensation which
he may incur as hereinafter mentioned.

Provided that where the complaint is made by one-fourth, being not
less that three, of the seamen belonging to the ship,', and' is not, in
the-
opinion of the Governor, frivolous or vexatious, such', security shall
not.
be required, and the Governor shall, if the complaint is made in
sufficient
time.before the; sailing of the ship,. take proper steps for ascertaining
whether the ship Ought t0 be detained under this Ordinance. W

An order for the detention of a ship provisional or final and an

order varying the same, shall be served as soon as m

.of the ship.

(cx.) When a ship has been d

shill not be released by reason of hey
register bc:ina subsequently closed-.

(b,) For the purposes of a survey under t
person titithorised,to make the same
the ship and inspect the same and

aa
nd the machinery, equipments a
require the unloading or removal of
or tackle.

(c. ) The provisions of the ' Merchant Sh

with respect, to-persons who wilfully '

shall apply as it' those provisions

' with the substitution for the inspec
of the Court of survey, assessor,
under this Ordinance, has the same po
or has authority to survey a ship.

~y be on the master

.his Ordinance,` she-,-
British or Colonial

is' Ordinance, any-
way go on board
every part thereof,
d cargo, and may,
any cargo, ballast,

pping. Act, 1854,'~

Impede an inspector;

ere herein enacted;.
or.of any member`
or surveyor; who,

ers as al inspector
ORDINANCE No. 8 - of 1579. 449 7

Merchant Shipping.

.Foreign ships, overloading.

10. Where a foreign ship has taken on board all or any part of her
cargo at a port in the Colony, and is whilst at that port unsafe by reason
of overloading or improper loading, the provisions of this Ordinance with
respect to the detention of ships shall apply to that foreibri ship as if
she
were a British ship, with the following modifications :--

(a:) A copy of the order for the provisional detention of the
ship shall be forthwith served oii the Consular Officer for
the State to which the ship belongs.

(h.) Where a ship hag been provisionally detained, the Consular
Officer, on the request of the oWner, or acrerit, or 1.Jnaster
of the ship, may 'require that the person appointed by
the Governor to, survey the ship shall be accompanied
by such person as the Consular Officer 'may select, and
in such case, if the surveyor a,ud such person agree, the
GoN,ernor shall cause the chip to be dettiined or released
accordin ly; but if they differ, the Governor may act;
as if the requisition had not been made, and the owner,
or agent, and master shall have the appeal to the Court

of survey touching the report of the surveyor which is
before provided by this Ordinance; and

(e.) Where the oxvzler, or agent, or master of the ship appeals
to the Court of survey, the Consular Officer, on the,

request of such owner or master, may nominate any,
com petent person or persons to be a member or members
of the Court of survey, plot exceeding two.

In, this section the expression ' Consular Officer ' means any Consul-
~Genexal, Vice-Consul; Consular ..gent, or other officer reco;nised by the
Governor' .as a Consular Officer of a Foreign State.

Senudin~g unseaworthy ships 'to sea.

[v.s.A. 1 sa(;,
see. 1;3.
Ap1)lICi1t1U11.
to f01'(.'1!-11
r)ips, of

provision,t,o ileteuEioa.

.1~,:.- -Every, person wlio sends or attempts to send., or is a party
to s~;;:cai.. ? ~ f ,,nwaworthy
~sencln~ Or attempting to S~nd a hritisn or Colonial ship to Set, 111
such Ship to sec a
uli-soa.~:vorthy state that the life of any person is likeiy to be
endangered,
shall be guilty of a misdemeanor unless he proves that he used all ~~' ~'~
ORDINANCE No:- 8 0pI8r 9.

. Merelaunt Shipping.

reasonable means to ensure her being sent to sea in a seaworthy state,
or that her going to sea in , such unseaworthy state was, under the
circumstances, reasonable and justifiable, and for the purpose of giving
such proof; he may give evidence in the same manner as any other witness.
f. .Every master of a British or Colonial ship who knowingly takes
the same to sea in such unseaworthy, state that the life of any person is
likely to be thereby endangered, shall be guilty of a misdemeanor, unless
he proves that her going to sea in such unseaworthy state vas, under the
circumstances, reasonable and justifiable)' and for the purpose of giving
such proof; he may give evidence in the same manner as any other
witness. ~

3., A prosecution under this.section. shall mot be instituted except
~vitl~ the consent of the Governor.

4. A misdemeanor anderthzs section s1ia11, not be punishable upon
summary conviction.

Dangerous foods.

any person sends or attempts to send by, or nod being master
.or,,owner of the vessel, carries or attempts to carry ~in. any vessel,
Britislx-
or foreibn, any, dangerous goads, that is to say :--aquafortis, ~ vitriol,
~naphtba~ 'benzine, gunpowder,, luoifer matches, vitro=glycerine,
petroleum,
vr any 'other goods of a dangerous nature, without distinctly uarkng
'their Nature 'on the outside of the package containing the same, and
gikvinb written notice of the nature of such goods and of the name and
address of the sender or carrier thereof to the master or owner of the-
..yessel at or before -the time of sending the same to be shipped, or
taking
-A6-same , on board the vessel, he shall, for every such offence, incur a
`penalty notexceedinb five hundred dollars :Proi.ided that if such person
show that h~ was. merely an agent in the shipment of any T such goods :as

a

a~t5~.~3x~rz>~
tion.o~ c~n-

41

foresaic~, and nr

a.s not aware and did not- suspect and had no, reason, to

suspect that the foods shipped lay hiM were of a dangerous nature, the.
penalty which he incurs shall not exceed fifty collars.

2. If any per son .knowingly sends, or attempts to send by, or carries,
or attempts to carry in any vessel, British or foreign, any dangerous,

roods, or goods of a danaero~.~s nature, under- a false description,'.0r
falsely
describes the sender, or carrier thereof, he shall incur a penalty -n-,ot,
exceeding two thousand and five hundred dollars, to be recovered in
summary way before two Stipendiary Magistrates sitting together.
ORDINANCE No. 8 OF 1879.

Mochant Shipping.

3. The master or owner of any vessel, British or foreign, may refuse
-Power t6 re-

fuse to carry

to take on board any package or parcel which he suspects to contain goods
suspeot-

ed of. being

goods of a dangerous nature, and 'may require it to be opened to
ascertain dangerous.

the fact. [Ibid, see.
225. J

4. Where any dangerous goods as defined in paragraph 1 of this
section, _or any hoods which, in the judgment of the master or owner of
the vessel, are of a dangerous nature, have been writ or brought aboard
any vessel, British or foreign, without being marked as aforesaid, or
without such notice having been given as aforesaid, the master or owner
of the vessel may cause such goods to be thrown overboard, together with
any, package or receptacle in which they are contained; and neither the
master nor the owner of the vessel shall, in respect of such throwing
overboard, be subject to aiay liability, civil or criminal, in any Court:
.
. Where any dangerous goods have been sent or carried, or
attempted to be sent or carried, on board any vessel,' British or foreign
without being marked as aforesaid, or without such notice having been
given as aforesaid, and where any such goods have been sent or carried,
or attempted to be sent or carried, under a false description, or the,
sender
or carrier thereof has been falsely described, it shall be lawful for two
Stipendiary Magistrates sitting together to declare such goods, and any
package or receptacle in which they are qontained, to be, and they shall
thereupon be, forfeited, and when forfeited shall be disposed of as the
Court directs.

Power to
throw over-
board dan=
gerous goods.
[Ibid, sec.
2G.

Forfeiture of
dangerous
goods impro-

feTly sent:
Ibid, see:

27.]

S. The Court shall have and may exercise the aforesaid powers ~of The
Court
forfeiture and disposal notwithstanding that the owner of the moods has -
~nay proceed

t~ b in absence of

not committed any offence under the provisions of this section relating
the owners..
to dangerous goods, and be not before the Court, and has not notice of x
the proceedings, and notwithstanding that there be no evidence to show
to whom the goods belong; nevertheless the Court may, in its discretion,
require such notice as it may direct to be given to the owner or shipper

of the goods before the same, are forfeited.

?. The provisions of this section relating to the -carriage of dangerous
goods shall be deemed to be'in addition to, and not in substitution for,
or in restraint of,' any other enactment for the like object, so
nevertheless
that nothing in the said provisions shall be- deemed to authorise that any
person be sued or' prosecuted twice in the same matter:

saving aswfto
dangeroy~s= , -
goods 0rdi- .:
nance:
`Ibii~', s, 28.x-
(*Jee 0i°di-

nanees Nab.

,18 of 1873 y
f 19 of T 890. ]
l`',cjmt.itution
of Marine
Court.
[See Ordi-
nance i l of
18010, sec. 1.1

tTriAieial

Cqu rr ro be

remunerated

ORDINANCE No. 8 0F 1879.

Merchant Shipphig.

- CHAPTER III.
MARINE COURTS AND COURTS OF SURVEY.

13. 'It shall be lawful for the Governor, from time to time and
wheresoever occasion shall arise or require, by warrant under his hand
and seal of the Colony, to form a ,Court, which shall be called 'The
Marine Court ;' ~ and such Court shall consist of not more than five or
less than three members, of whom one shall be a Stipendiary Magistrate,

and one (or more if possible), a Commissioned Officer in the Royal Navy,
and the remainder masters of the mercantile marine, or such persons of
nautical, engineering or other special skill or knowledge as the Governor
(12 and 43 may think fit to appoint: Provided always that where any such
investiaa-
V1C., C. `I2, see.

3, sub-sec. ;;.1 ` tion involves or, appears likely to involve any
question as to the cancelling
or suspension of the certificate of a master, nriate, or ennineer, the
Court`
shall include not less than two members havinb experience in the merchant

service.

2. Each of the unofficial members of such Court shall be paid, out

of the Colonial Treasury, the sum of $5 a day; during each, day that the

Court= shall hold its sitting.

3. In any of , the following- cases, that is to say :--

(cz. ) Wheiisoever any charge _of ' incompetency or misconduct
shall be brought by any person against any master, mate,
or engineer of a British ship;

(b.) Whenever any ship is lost, abandoned, stranded, or [mate-
rially.- repealed °by Ordinance No. 3 of .ir880] damaged
on or near the coasts of ,the Colony;-

(c.) Whenever any ship causes loss or wnateriaL: repealed b

Ordinance X0. 3 of 1880] damage to any other ship, on=
or near such coasts;

~(d.) Whenever by reason o£ any, casualty happening to, or on
board of any ship, 011 or near such coasts, loss of life
ensues;.,

Wenever any such loss a Tonment stra
(e.) h banc nding, damage.,

or or casualty happens elsewhere, and any competent.
witness thereof, arrive at, or be found at, any place in
the said Colony;
ORDINANCE No. S of 1879.

Merchant Shipping.

Whenever a British ship has been lost, or is supposed to
be lost, and any evidence can be obtained in the Colony
as to the circumstances under which she proceeded to
sea or was last heard of;

It shall be lawful for the Court to heir and inq-tire into any such
charge rawer, of
of incompetency or misconduct, and to make inquiry respecting such Court.
loss, abandonment, stranding, damage, or casualty, and for such purposes,
it shall have the powers given by the first part. of ' The Merchant Ship-
ping Act, 1854,' to inspectors appointed by the Board of Trade, and the
powers given by section 23 of ' The Merchant Shipping Act Amend-
ment Act, 1862,' and the Court shall be governed by the rules of the
said last mentioned section, subject to the further requirements of this
Ordinance, or of any Imperial Act or local Ordinance -,Y~Thich 'nay be'

from time to time, enacted.
4. The Court may also exercise the following further powers
(a.) It may, if unanimous that the safety of the ship or crew,
or, the interest of the owner, absolutely requires it, super-
sede the master of any British ship . then being within
the waters of the Colony, and may appoint another
:person to act in his stead; but no such appointment
shall be made -vvithout the consent of the consignee .of
the ship if within the Colony;
Akj It may discharge any mate, engineer, or seaman from
his ship,
~;) 'It may order the wages of any mate or engineer so dis- .
charged, or any part of such wages to be forfeited,, and
may direct the same to be retained by way of compen-

_ _.~tion to the owner..

1~e~rier of the Court shall either sign the report made on

any inve.~ion under this section, or rep6rt to the Governor his
reasons fox *eiit therefroni.
6: Every maser or late or engineer whose certificate is suspended
°~r:cancelled in pursuance of this Ordinance shall, upon demand of the
Court, deliver his certificate to the Court, or if it is not demanded . by
he~Court, deliver it to the Governor or as he direct, and in default
shall; -for each offence, incur a. penalty not exceeding two hundred and,
fi ty dollars.---but no certificate shall be suspended or cancelled until
such suspension or cancellation shall have been approved by the Governor.

Further
~01W.11'1t'7 Of

1804, sec.
268. 1

1862,-sec, y4.j;

(42 and 43-.
vic ,--c. 72.
see. .3; 'sub- .
sec. ,.4
(42 and 4.3
Tic., c. 72,
see. 2, sub-
see. 1.)

Rules as to
procedure,
fees, &c.

[M. 9. A.

1676, sec. 30.

ORDINANCE No. 8 OF 18=79.

Merchant Shipping.

7. Where-an investigation into the conduct 'of a master; mate,
engineer, or into a shipping casualty, has been held order this Ordinance,
or any Ordinance amending the same, the Governor may, in any case,
and shall, if new and important evidence which could not be produced
at the investigation has been discovered, or if for any other reason there
leas in his -opinion been ground for- suspecting a miscarriage of
,justice,
order that the case be re-heard, either generally or as to any part
thereof,
anal either by the Court by whom it was heard in the first instance, or,
by the Judge of the Vice-Admiralty Court of this Colony, and the case
shall be so re-heard accordingly.

$. The Governor in Council may; from time to time, make and
when made revoke, alter and add to general . rules for carrying into
effect
the enactments relation to formal investigation into shipping casualties
and in particular with respect to the procedure, the parties, the persons
allowed td appear, the notice to such. parties and persons, or to persons
affected, and the amount and application of fees: And all such rules
-while in force shall have effect as if enacted by this Ordinance.

- - 9. every formal investigation in a shipping casualt~T shall be con-
in such a.manner that if a charge is made against 'any person

~ba,t faeison shall have an opportunity of making a defence.
,Constitution. 10. The Court shall also be a Court of survey, and when
sitting as
povver and`
~a~ooedure of a Court of survey the following provisions shall have effect
:-
rouit of

''survey.
[11~.=s. A. I8; 6,

(cz.) The case shall be heard in open Court..

(b. ) each member of the Court may s.urVey the ship and shall
ha-ve for the purposes of this section all the powers of
an inspector appointed by the Board of Trade under
the ' AZerchnnt Shipping~.Act, I854.'

( e. ) The Court may appoint any competent person or persons
to survey the ship and report thereon to the Court, and
such person or persons in case of disagreement may be
appointed by a majority of the :me'hlbers.

The Court shall have the same power as the Governor.has

.

to order the ship to be released ar: finally detained, but
unless a majority of the member's of the Court concur
in an order for the detention of the ship, the sh'p slta)1
he rJeased.
ORDINANCE No. 8 of 1879.

JIP erchant ,Shipping.

(e.) The owner or went and master of the ship and any person
appointed by the owner or agent or master, may attend
at any inspection or survey made in pursuance of this
section.

11. The Governor in Council may, from time to time, make ,and
when made revoke, alter and add to general rules to carry into effect the
provisions of this Ordinance with respect to a Court of survey, and in
particular with respect to the summoning of and procedure before the
Court, the requiring on an appeal under section 9, subsection (d) security
for costs rind damages, .the amount and application of fees and the
publication of the rule.

12. .All such rules, while in force, shall have effect as if enacted in
this Ordinance, and the expression ' prescribed ' in the provisions of
this Ordinance relating to the detention of ships or Court of survey
means prescribed by such rules.

13. The Court may snake such order with respect to the costs of Court may

order pay-
any investigation under this section as they think fit, and such costs
men of costs
of tiny
shall be paid accordingly, and shall be recoverable in the same manner
invests atlon.
as costs in summary proceedings before any Police Magistrate.

14. Nothing in this. section contained shall be deemed to affect in
°any way the jurisdiction of the Vice-Admiralty Court of Hongkong.

Rules for
procedure of
Court of
surrey, ..~cc.
LM- S. A.
1876, arc. 0.1

Appeal on refusal, of certain certificates to chips.

1.4. If a ship-owner feels. pbrieved :,

(a.) By a declaration of a Government surveyor or surveyors
under sub-section 8 of section 5 of this Ordinance, or
by the refusal of a surveyor to give the said declara-
tion; or

(b.) By the refusal of a certificate of clearance for an emigrant
ship under the ' Chinese Passengers' Act, 1855, or the
Ordinances relating thereto;' or

(c.) By the refusal of a certificate of clearance under this
. Ordinance,-

tlie owner, charterer, master, or a~e~nt may appeal in the prescribed
manner to the Court of survey. 'hhe Court may make such order with

Jurisdiction
of the Vice-,.
Admiralty
Court not to
be affected.

187G, scc. 14.]
Applicant to

irivc n.oLico to
m'i,»tir

see odi.

npuce 17 0f

~so.

oac o

'`~XXmiuers= =to
_epo;iited.

ORDINANCE N0. 8 of 1879.

_ Merchant ,S7aipping.

respect to the costs of any such investigation as they think fit, and such
costs shall be paid accordingly, and shall be recoverable in the sarne~
manner as costs in summary proceedings before any Police Magistrate.

2. On such appeal, the Court of survey shall report to the Governor-
on the question raised by the appeal, and the Governor, when satisfied
that the requirements of the report and the provisions of the enactments,
have been complied ,with, may give the certificates required.

.3. Subject to any order made by the Court, the costs of and inci-
dental to an appeal under this section shall follow the event.

4. Subject as aforesaid, the provisions of this Ordinance with respect
to the Court of survey and appeals thereto, so fair as consistent with
the-
tenour thereof shall apply to the Court, of survey when sitting under -
this section, and to appeals under this section.

5. Where the survey.of a ship i.jmade for the purpose of a declara-
tion or certificate under the said enactments, the person appointed to,
make the survey shall, if so required by the owner, charterer, or agent,
be.ac.coznpanied on the survey by some competent person appointed by
the owner, charterer,, or agent, to be approved by the Governor,, and -in
such case, if the said two persons agree, there shall be no appeal to the
Coiirt~of survey in pursuance of this section. -

CHAPTER IV.

BOARD OF EXAbiINl';TitS.

10. Examinations shall be instituted for persons mho intend, to-
become masters, engineers, or mates of foreiDn going ships,. orv' echo
wish to-
procure certificates of competency hereinafter mentioned:--

~)11:,~ ~:~s~;' ~ 2. The Governor in Council may, from time to time; lay
A0wn rules

h`'`'~ r'''v ' ~as :to the conduct of such examinations, and alto the
qualifications of the

applicants, and such rules shall be strictly adhered to by all examiners.
-

3. Whenever ar1y person shall be desirous to obtain a, certificate of'

competency as master, first, second; or only mate, or engineer. in the
mercantile marine, he shall give notice in writing to thateffect to the
Barbour Master, who shall forward the same to the Governor.

4. It shall thereupon be lawful for the Governor to constitute and
appoint a board of examiners to inquire into the competency of such
ORDINANCE No. 8 of 1879.

Merchant Shipping.

,.applicant, and such board shall consist of three members, ore of whom
conatitutiou
shall be the Harbour Master, and the remaining two shall be either or,
°f, eoaxd:
both 'Commissioned Officers in the Royal Navy, or Masters, or duly quali-
fied enaineers in the mercantile marine.

5. Upon such appointment being notified to the Harbour Master, he
shall summon the other members of the said board to attend at the Harbour
Master's office for the purpose of examining the said applicant, at a day
and at an hour to be nan red in such summons, (such day not to be more
than seven days after the date of such summons); and shall also notify
the applicant to attend accordingly. -

6. Every applicant for a certificate of competency shall, upon lodging ~~
~a~ t.« ~~e ~~.~i~i
be applicant.
his application, pay to the Harbour Master a fee, if for a masters - or
first
class engineer's certificate, of twenty dollars, and if for any other
certifi-
-cate, of ten dollars.

7. Every member of the board, except the Harbour Master, shall be Veei to
-entitled to receive from the funds of the Colony a fee of five dollars
for Incin Ward.

the examination of each applicant..

8. Any applicant mho shall have passed a satisfactory examination,
-and shall have given satisfactory evidence of his sobriety, experience
and
genetal good conduct on board ship, shall be entitled to receive a
certxfi~
~cate of competency signed (by the members of the board: repealed by 0rdi
nance No. 14 of 1884, and the following words substituted ' Governor;
upon the recommendation of the Board 'I to, the effect that he is
competent
to act as master, as first-, second or only mate, or as first or second
engineer.

. 9. The result, of every such examination. . shall be reported to the
iL.el>ort Of
result of exa-
Yoard of Trade by the Harbour Master. [Repealed by Ordinance No. 14
mxnati~ to

-of 1884.] - be made to,
Board of
- Trade.

[ordina~tice
1.7 of 181i(~
ace. r:]
-

CHAPTER V.

16. The name of a master, f rst, only or second mate, or first or second
engineer shall not be attached to the register, or articles of agreement,
of
any British or Colonial ship, unless such master, mate, or engineer shall
possess a certificate of service or competency issued by the :Board of
'hrade
<)r by the proper authority in any British possession.

ter to scallmoxl
lo,ira and

caait.

be giveil-t'6~'.~
sneCessftli

mates and

possess cep=
tificates.
[Ordinance
of 1862,
ORDINANCE, No.' 8 of -1879.

Merchant AShipping.

to proceed to
sea without
( , rtif

x leate of
the master
and mite.
[SW M. S. A.
1s54, sec.
136, j

2. ,.111'o British or Colonial ship shall leave the waters of the Colony
unless the master thereof, and the first and second or only hate have
obtained anrd, possess valid certificates of competency or service appro-
priate to their several stations in such ship, or of a higher grade, and
no
such ship if of one hundred tons burden or upwards, shall leave the waters
as aforesaid, unless at least one officer, besides the master, ha,s
obtained;
and possesses a valid certificate appropriate to the grade of, only hate
therein, or to a higher grade.

Ream-ships 3. Every British steam-ship, or steam-ship registered under
section
r ficat a Ce~ 3 of part I of this Ordinance of one hundred nominal horse
power or
upwards, leaving the waters of the Colony shall have as its first and
'1s62'se `' 5d second-engineers, two certificated engineers, the first
possessing a 'first
. class engineer's certificate,'' and the second possessing a ' second
class

engineer's certificate,' or a certificate of the higher grade, and every
British steam-ship, or steam-ship registered as aforesaid of less than one
hundred 'nominal horse power shall have as its only or first engineer, an
engineer possessing a `` second class engineer's certificate' or a
certificate
of the higher grade.

', 4^; -Every person who having been en baged in any of the capacities
mentioned in subsections 2 and 8 in any such ship as aforesaid goes to
sea; in that ,capacity without being at the time entitled to, and
possessed
of such certificate as is required by this section, and every person who
employs any person in any of the above capacities in such ship without
ascertaining that he is at the time entitled to, or possessed of such
certi-
ficate as is required by this section, shall, for each such offence;
incur a
penalty `not exceeding two hundred and fifty dollars. ` -

s~ip ~~ o~` - - 5. No seaman shall, except with the Harbour Master's
sanction, be

seen
[ordl6ibiee- ~ : shppedoto do duty on. board any merchant ship whatever
elsewhere than

at the office of the Harbour Master, who shall charge for every seaman
shipped, a fee of one dollar, such fee to be paid, in the first instance,
by
the mister of the ship shipping such seaman ; and such master shall
deduct the same from the wakes of the seaman shipped; and the Harbour
Master shall require such seaman to lodge with him his certificate of
discharge from rthe last ship, and failing the production of such
certificate,:
such seaman shall be bound to give satisfactory explanation to. the
Harbour
Master of the cause of the non-production thereof. 'Phe above mentioned
fee shall be accounted for by the Harbour Master to the Treasury.

uf i
Ste. 5.1,
dRDIVTA`N.CE ,No. `8 ~ o.F 1879.

Merchant Shipping.

6. Whenever any seaman shall be discharged from any ship wi:hin,
the Colony, the master of such ship shall give at the time of such
discharge
to such seaman a written certificate of discharge, specifying the time and
nature of service, and the tune of discharge of such seaman, signed by
himself; and if, such seaman require it, shall farther give him, within
twenty-four hours after demand, a true account in writing of the w-ages
of such-seaman, and of all deductions therefrom. '
7. No seaman shall be discharged from an English [' a British ' as
amended fey Ordinance iYo. 3 of .l'880] ship, or any foreign ship whose
flag is not represented by a Consular officer resident in the Colony,
else-
where than at the Harbour Master's office, and every seaman discharged
from a foreign ship so represented, shall, within twenty-four hours of
being discharged at the office of his Consul or Vice-Consul, produce to
the Harbour Master, or some person deputed by him, a certificate; of his
discharge, signed by such Consul or Vice-Consul, under a penalty :not
exceeding twenty-five dollars, in defaults imprisonment not exceeding
twenty-one days.
8. No master of any ship shall discharge or force therefrom, or wilfully
or negligently leave -behind him, in this Colony, under a penalty not ex-
ceeding twenty-five dollars, any seaman , shipped on board thereof, unless
an a certificate from the Harbour Master or his deputy, or: from the
Consul
or Vice-Consul, if any, representing the nation to which the ship belongs
;
and the Harbour Master or his deputy, and the Consul or Vice-Consul
are empowered to withhold or grant his certificate upon such conditions
for the subsistence of the seaman as he shall think fit, and if any
:seaman
shall wilfully or negligently ~emaia in the Colony, after the departure of
the vessel in which he shall have shipped, such seaman shall, on con-
viction, be subject to a penalty not exceeding twenty-five dollars, or be
imprisoned for a term. not eXceedina one month, with or without hard
labour.

CHAPTER. VT. .

BOARDING-HOUSES FOIL SEAMEN.

17. The Harbour Master shall, with the consent of any Police Ma-
gistrate; have power to license a sufficient number of fit and proper
persons
to keep boarding-houses for seamen, and every such licence shall be coun-
tersigned by the Colonial Secretary, and shall be granted for such period
not exceeding one year, and upon such terms and security, and shall be

Master shall
give to seaman
rlischarged in.
Colony certi-
ficate of dis-
charge, and,
if required, an
account of
Wages.
[Ordinance 6~
of 1852,
see. 2.1

AS to the d6-
charge Of
seamen.
[I~id, see, i~.]:

seamen to bo.
discharged,

mission of
Harbour
Mater? of
Consul. ox
Vice-Consul.
[ordinance
No. 1 of 1862,
sec. S. ]

AS to toe
establishment
and regula-
tion of board-
ing-houses.
[ Ordinance
Nn. 6 of 1352,
sec. E;.) ,
ORDINANCE N0. 8 cF 1879.

Merchant Shipping.

renewable upon such conditions, as the Colonial Secretary may appoint ;
and it shall be lawful for the Colonial Secretary to demand for every such
licence an annual fee of twenty-five dollars, or at the rate thereof
accord-
ing to the term of such licence; and every such horse shall be for the
reception of. such number of seamen only as shall be expressed in
the licence, and shall not be granted until there have been constructed
in the house to be licensed suitable rooms to be approved by the
Harbour .Master ; and no such boarding-house shall be a house licen-
sed for the sale of spirituous or fermented liquors, nor, shall, any
charge for spirituous or fermented liquor be allowed in any account
for the amount of which any seaman may be indebted, oi~ stated to be in-
debted, to any person, and such boarding-house shall not be a part of a
house, and shall be separated by at least one intervening house on
either side of it from any house licensed far such sale as aforesaid ;
and every such hoarding-house shall be open at 411 times to the visit
of any Justice of the Peace, ; or, of tie Harvour Master, or of any ins-
pector of Police'., And . the I-1 arbour Master mad refuse, to grant ' any
such -lice iace, and may limit the number and description of seamen to be
bearded in each house, and may make rules for the government of such
houses, and regulate the charge to be made for board and lodging ; and
a copy of .such~ rules shall be hunk up in each house for the inspection
of
the intriates; and the infraction of any one of such rules shall subject
the
offender in every instance to a. penalty not exceeding. twenty-five
dollars,
and for a second offence may deprive the offender, if the keeper, of. such
douse, of his licence as an additional punishrrzent.
,tx~ri~i~r ~for 2. If any person not having obtait:ed a licence
foavkeeping a bo~i~ding-
~;i'sea house for seamen shall keep one, be shall incur a penalty not
exceeding
h~ ~'~- ; the sum of one hundred dollars; and the fact of more thin one,
seaman

Llbid, , see : ``:' boarding or lodging in the house of any exson hal.I
be rini!4 ace roof

b n ~ 5 p .~? ,f p

of ,the keeping of a boarding-house for se rnen by such person; but
nothizf
in this Ordinance contained shall be construed to prevent, any~,searnan
from having the whole or any part of any unfurnished, house fogy the
residence of himself, or laic family, and boarding hiznself therein.
Dutic, of 3. Every keeper of a boardin

boardi 1-1 g- b-house for seamen shall, cause daily to
Lta~-,e keepus be entered in a book in English, the name and description
of each
N,-i.to Tespeet
to lists, additional seaman who has, on that day, come to board or lodge
at his

returns, &c.,

.arc: of their - horse, and the name of each seaman who has left his
house on' that day

inmates.

[ra~.~, see. s.) after being a lodger or boarder therein, and. such other
particulars as the
ORDINANCE ho. 8 of 18.E 9.

Merchant Shipping.

Harbour 1laster may direct; . and every keeper of a boarding-house shall;*
on the znornin- of Monday, in each week, send to the Harbour 3Taster's
office a list, copied front his hook, of the seamen on that day boarding
or
lod~inb in his house, and of those seamen, boarders or lodgers, who left
leis house on any or either of the intermediate days, and shall also par-
ticularize in such list those seamen who wish for immediate employment,
and place opposite to the names of those last named, the names of the
ships from which they were last discharged; and the Harbour Mastek
shall keep tile lists as furnished to hint constantly in view, and in
a conspicuous part of his office, for the convenience of masters of ships
requiring nlen. and shall also post in a similar manner, if required so to
do, such notices for the supply of men by masters of ships its the said
masters shall furnish, and ,any infraction of this subsection shall rezier
the boarding-house keeper liable to a penalty not exceeding twenty-five
dollars. '

4. NTothno, in this section contained shall prevent masters, mates, or
engineers of ships -from boarding or lodging elsewhere titan at a licensed
boardihg-house.

Masters.
Iizatos arid . ,
c1ri.;ineers =
bcr<1 and - .
lodge cjse:
where, tlx~,. ,it)

`

such loo

[Ib2d, sec_. .9.~, ._~

;o Sati.r
shipped a1ulE>r°r

.Master, or his deputy, on board any vessca in compliance with this
*tL,:a ord;-

Urdinance shall during the time for which lie is then shipped, be
liable ''ce ''Il`
, , ~ s during the
to°r in ~'nr
to be arrested on civil process, unless the debt or demand shall exceed s
which he i,,

the sum of five hundred dollars: Provided alcva,ys, that 1>y the civil
ter M - liable to'arcesl;.
~'
seaman in tilts paragraph shall be meazlt only a person: who has, within
on
process, ill
the space of sip: months previously, served on board a ship for wataill,
cases.

g es as °z
a seaman , and that tile protection frond arrest hereby granted shall
trot 1» z°v
held to extend 'to any person not coznin(, within such definition, nor in
any case to masters, mates, or engineers.

5. ~VTo searziarl, who shall lave been actually shipped by the Harbour

G. Licences issued under this section' shall be terminable on tile 30th
November of each year.

CHAPTER VII.
HEALTH OF SEAMEN.

1$, Every keeper of a licensed boarding-house for seamen, in the
list of seamen resident in his house, which he is. required to fu rnish
to the

Keeper's of

:

11 censell

110USCfi - for,
Harbour Master, shall report, as to the state of health of eactl seaman,
so seame to
ORDINANCE fro 8. OF 1879.

furnish
Harbour
MAsten with
weekly lists
.of the *eamen
resident in
their houses,
and report
their state of
health.
Diseased
seamen to he
xenooved to a
hospital.
(ordinance
10 of 1867,
see. 63.1

merchant Shipping:

far a-s he may be able to ascertain the same; and every seaman who may

be reported, or may be otherwise discovered, to be affected with a
contagious disease, shall be removed by warrant under the hand of the
Harbour Master to a hospital, where he shall be kept until he be, by the
Visitin, Surgeon thereof, discharged as cured; and shall have obtained
froru
such Visiting Surgeon a certificate of his having been so discharged,
which
certificate he shall produce and show to the Harbour Master when required
so- to do; and the expenses which may be incurred in and about the
maintenance and treatment of any such- seaman in such hospital, shall be
a debt due to the Crown, and shall be paid by such sean3an ; or, in case
of the. keeper of the boarding-house in which such seaman shall have
resided before his removal to hospital not having reported, or having
made a false report as to the state of health of such seaman, then such
expenses shall be paid by such boarding-house keeper, in case it shall
appear to, and be certified by, the Visiting Surgeon of the hospital to
which such seaman may be removed, that the disease with which he may
b6 affected is, of such a nature as that the keeper of the boarding-house
could, with ordinary and reasonable observation, leave ascertained its
existence; and in all cases, such expenses shall, in case of non-payment,
be sued for and recovered by the Harbour 11-Zaster on behal=f of the
hospital.

2. If any seaman affected with a contagious disease, and reported so

-0 c1ling'any

obstruction to to be by the beeper of the boarding-house in which such
seaman may be
residing, shall refuse or offer any hindrance or obstruction to his
removal
to a hospital; or having been removed to a hospital, shall attempt to
leave
the same before he shall be properly discharged cured; or havily been
discharged cured, shall refuse to produce his certificate of discharge
when
required by the Harbour Master; or IJeinb affected with a contagious
disease,
shall neglect or refuse to infor m the keeper of the boarding-house in
which
he may ~ be. residing,=then, and in every such case, such seaman so
offending shall incur a fine not exceeding twenty-five dollars, or
im . prisonnaent with or without hard labour, for any term not exceeding
one month.

I ,
,~arers oar
ships before
shippin;; .
seamen may
require them
to undergo
medical
inspection..
rIVit, see.

~. The master of,any merchant ship; before shipping any seaman.;
may require that such, seaman shall be inspected by the Colonial Surgeon,
'by notice in writing to that effect, addressed to the Harbour Master or a
Visiting Surgeon appointed in pursuance of this section, and the Colonial
Surgeon or such: Visiting Surgeon upon such inspection shall give a
certificate under his band as to the state of health of such seaman, which
ORDINANCE' No. . 8 . of 187 f.

Merchant Shipping:

-certificate such seaman shall produce and show to the master of the ship'
in which he may be about to serve; alld for every certificate, there shall
be paid the fee of fifty cents, to be paid by the master or agent of the
ship
in case such seaman should prove to be in sound health, and- by the
:seaman himself, or the boarding-house keeper with whom he shall be
residing. in case he shall prove to be affected with any contagious
disease.

CHAPTER VIIT.

MEDICINES AND MLDICAL STORES.

19. This chapter applies to all British or Colonial ships, other than
Application
those already provided with medicines and medical stores under the
'~e``t''i.
provisions of ' The, Merchant Shipping Act, 1867:,' or of any legislative -
-enactment or regulations in force in any British possession, or holding
special exemption under the hand of the Governor.

2: The owners, agents, or master of every such ship navigating
between this Colony and any place out of the same, shall cause to be kept
on board such ship a supply of medicines and medical stores in accordance
with the scale appropriate to such ship as laid down in the published
scales of medicines and medical stores issued by the Board of Trade, kind
also a copy of the book or books issued by the said Board containing
instructions for dispensing the same pursuant to subsection 1 of section 4
of ' The Mercbant Shipping Act, 1'867.'

3. No lime or lemon juice shall be deemed fit and proper to betaken
Ifellti1 Officer
to approve of
on board any such ship for, the use of tile crew or. passengers thereof,
lime o>> lemon

juice. -

Ships to carry
medicines,
medical
storcr, ,c,c. i~

t1C,COrflal'1 GG
\'Pltll-B~fLI~'. .h
issued by -
Board of.
Trade.
a

Se c M. S. A.,
186 7; ,~cc;: .4..~

unless the Health Officer has approved of the same; ~ nor unless the same
contains fifteen per centum of proper and palatable proof spirits to be
approved by the ,Health Officer, or by some person appointed by him for
that purpose, and to be added immediately before or immediately after the
inspection thereof; nor unless the same is packed in such bottles, at such
time and in such manner as the Health Officer may direct.

- 4. The master,, o«ner, or agent of any such ship who shall wilfully,
neglect or refuse to provide, pack, or keep on board such medicines,
medical stores, books of instructions, lime or lemon juice, sugar or anti-
scorbutics as are by this section required, shall be guilty of a misdemea-
nor, and shall, upon summary conviction before any Stipendiary Magis -
trate, incur a penalty not exceeding five hundred dollars.

owners ne-
glecting to
provide medi-
cines and
medical stores
to be guilty-
of misdemea-
nor.
ORDINANCE No. 8 0F 1879.

Merchant Shipping.

5. The provisions of this section, so far as the same refer to lime,
to have the
hatne force as lemon J uice and anti-scorbutics, shall have the same force
and effect as
rules made. - , ,
0z.S.A. 1867, the regulations provided for by w the ilTerclmnt Shipping
Act, 1867;
~C;C. G.] section G.

CHAPTER Ix..

DEarRTIaN AND OTHER orrENCEa or. sLwzr:a~.

aoa~r 20. If any seaman b.-lollallla to the crew ,of any ship, British oh-
d`'-s`'''~r'n''nn`r foreign, shalt desert therefrom, or otherwise abscond
or absent himself
``d `1'`1p1it '' .from his doty while such, ship or vessel is within the
waters of the Calon
~a~r~i t~.~

;'bssels, t', , it shall and rna ba lawful for any Police officer,' or for
the master or-
which they Y Y
~'~i~dinancc ~z person in charge of the ship, or for any one specially
deputed by such
r~y`g5i'1 master or person in clzargre, t0 arrest such sean la,n without
warrant and

convey him before a Stipendiary 12a,,,-,istrate; and in case such seaman
shall refuse to return to his duty on board the stud ship, or shall not
give
a sufficient reason for such refusal, the Stipendiary Magistrate may,
order-
s eEGh scaztan to be pwt forcibly on board the ship to which he may
belong,
or to, be, confined in any gaol, or other place of security within the
Colony,.
foz' any laeriocl. until he can be put on board his ship at her,
departure.]
frorn the J port, or -until he shall be demanded by the master of the
ship,.
or by'th.e Consul oE'tlne country to which such drip may belong: Provided
always, that the said period of confinerneut shall not, in the absence of
such de~rtur~e or demand, emceed three mouths.

s~'~r ~. It shall be lawful for any Stipendiary Magistrate, upon complaint
'Our' ~ ~ beof the muster of such ship', to tile effect that he has
reasonable cause to~-
`l~iR~£~'~ believe that any runaway seaman beloping l r to the crew of
any such 'sllip.
~Bid' ~e~''~'~ IS harboured, secreted, or concealed, or suspected to be
harboured, secreted
circonceal:ed on board any other ship, boat, or other vessel; or in any
house
orTlace-whatsoever, to issue a warrant directing a constable to search
such ship; boat, or other vessel, or such ~roase or place, and such
seaman ,
to lodbV in any or the nearest Police Station; and. every such seaman.-
shall, with all convenient speed, be. brought before a Stipendiary Mag'is-

trate, to be dealt with as is hereinbefore directed with respect , to
seamen
apprehended for desertion, absconding, or absence from duty.

3.. If any person whatsoever shall harbour, conceal, employ, or-
retaih, or assist in harbouring, concealing, et111>lOyina, or retainizja
any-
URDIN ANOE 1\'o. 8 .oF 1879.

Merchant Shipping.

-seaman belonging to the crew of any ship, who shall have deserted there-
sorters. from
froin, or otberwise absconded, or absented himself from duty, while such
illa«l, see. 3.1
ship or vessel is within the waters of the Colony, knowing sucll seaInan
to have deserted, absconded, or absented himself fi-orn duty, or shall
.cause, induce, or persuade or endeavour to cause, Induce, or persuade any
such seaman, in ally planner whatsoever to violate, or to attempt or
endeavour to violate, any agreement which be inay leave entered into to
serve on board any such ship, or shall Imowingly` connive at the deser-
tion, absconding, or absence from duty of any such seaman, such person
so offending shad., for every such offence, upon conviction thereof
before .
a Stii>endiary Magistrate, incur a penalty not exceeding two hundred and
fifty dollars, or imprisonment with or *without bard labour for any
period'

not exceeding six months.

'1 'he Harbour Alaster, or his deputy, befoi°e granthlg a port clear-
ailce to any ship, mny, if lie have reasonable grounds; for belief that
any
deserter from a n zerchant vessel be concealed on board of such ship,
proceed on board thereof and then and there require her master to insti-
tute due and diligent search for such deserter, and further, if he deem it
xlecessary, require the master to.mal{e oath or sokmtz declaration that to
-the best of his knowledge ,and belief, after due tend diligent search; no
such deserter is- concealed within or about leis ship ; and aziy master
of a
-ship refusing or unnecessarily delaying.to comply with such requisition,
shall incur upon conviction, a penalty not exceeding two hundred dollars,

and imprisonment until sleek, fine be paid.

. 5. Whenever any.seaman engaged in az:ay foreign ship commits any,
.of. the following offences w ithin the waters of the Colony, he shall be
liable'to be punished summarily by a Stipend`iary Magistrate as follows,
,,
lb,at is to, say:

I-1 arloxln'
lliast;en or
deputy 111ay
rod uire, bc:f(vc

riraxlt.ixln it.

port el earal) re

III aster tlxeroot
t<> s15aivh for .

s71spected rlc-
E:Crtel'8, AM I I to t

lnlaha deC.hl.ivl=
Lion of ~;txcla
,eforcla.
Penalty far

llOt COLUl>h' 111 '

with such

fOrfllnanee ns
of 1852. sec.
m.]

Offelmc:: or
for<-ei~n
seaiaxen.
[,See 14L5.A.a ' -
1854, see. .-,-_

yet of <isoba_
dieza.ce.. , ,

(a. ) For wilful disobedience to any lawfzal command, he shall
be liable to imprisonment for any period not exceeding
four -weeks, with or without bard labour°, and also, at
the discretion of the Court, to forfeit, out of his wages,
a- sum not exceedinZD two days' pay ;

(b. ) For continued wilful disobedience to lawful commands, (Iontin~:u
or continued wilful neglect of duty, lie shall be liable to
`l'`°z'edic>'r'`~_
imprisonment for any period not exceeding twelve weeks,
with or without hard labour, and also,-at the discretion
-U1WINANCE No. 8 of .1-879.

Merchant Shipping.

:Uxperta.st;s by

1Ph0l1m,pr'1,y-

sib1e:. Prc.GL-
nazzce 4 of,
1850, see. 5.]

of the Court, to forfeit, for every twenty-four hours'
continuance of such disobedience or neglect either a surd
' not exceeding six day°s' pay, or any expenses which

.

have been. incurred in hiring a substitute ;
ooinulnrugto (c. ) ro~ combining with any other or others of the crew to
disobey lawful commands, or to neglect duty',' or to~
impede the navigation of the ship, or the ,progress of the
voyage, lie shall be liable to imprisonment for any period Y
not exceeding twelve creeks, with or without hard labour
Provided that when there is a Consul, Vice-Consul, or Consular agent
. resident at Hongkong of the nation to which the ship belongs, the Court
shall not deal with tile case unless thereto requested by such officer irl
wl'1Glllg . ~ .

7 6. All expenses incidental to the apprehension, confinement, and
removal of any seaman, ruder this section, shall 'be paid by the master
of the ship to which, such seaman may belong, and be recoverable from
him at the snit of the Captain 'Superintendent of I'oliee, as a debt due
to.
the Government of this Colony; end the subsistence honey for every
such seaman confined in gaol shall be paid in advance to the keeper of
the-
gaol, .and in default of such payment, the gaoler may release such seaman
'Provided that every seaman imprisoned under, this chapter may be .sent
on.b~,,.trd his ship prior -to her departure from the waters of the Colony
by' direction of the committing Magistrate.

Report (!f death, desertion, c~e.

Dqaths,:d6sei,_ ` _ 21, In the event of the death of any of the
passengers, or other.°-

11A11S, Ol--?'G , . .
luoMls of persons,
occurring on board of any merchant vessel in the maters of the

s~.1~,.~T1i.~G:-,~0

.be rep01:t~&. - Colony, or in case of the death, desertion or removal.
of any of the crew,

~orrlina'nee X ..-

~~f is si; SUC: the master

of such vessel shall forthwith report the same to the Harbour
aster; under a penalty not exceeding twenty =five dollars for every depth,
desertion, or removal which he shall neglect to report.

Pe3aalties , foa~ fo?gery, z~c.
z>enaatic;; for, 22. Any seaman, or other person, who shall give a false
description

ral~gir1a of duo.

;;uftiet1ts, and of his services, or show,-1 or make, or procure to be
made, any false cha-

fo~ false do- ratter, or shall make false statements as to the dame of
the last ship in

sciiptiozzs and

[Ordinance which he served, or as to any other information which may be
required

2' of hull by any person having lawful authority to dema.nd such informa;-

tion,

ste. 12.
shall incur a penalty not exceeding fifty dollars.
ORDINANCE' No.. 8. of 1879.

Merchant Shipping.

CHAPTER X.

DISTRESSED SEAMEN.

3. All expenses which shall be incurred under the provisions of
`4 The b&rchant Shipping Act, 1854,' .in the relief of distressed British
seamen who at the time-of such relief being granted shall have last
served`
in a, British ship registered in this Colony, and all expenses incurred in
the United Kingdonn in the relief and returning to this Colony all dis-
tressed seamen who last served in such a ship, shall be borne by the
revenue of this Colony.
2. It shall be lawful for the Governor, from time to time; to order
the payment, out of any monies forming part of, or arising from, the
general revenue of the Colony, of all expenses which inay be incurred in-
the.Colony for the relief of such British seamen as aforesaid, under the
provisions of the said Act or of any regulations in that behalf which may
be made, from time to time, by the Governor in Council.

Relief of sea-
men belong-
ing to vessels
registered in
this colony.
(Ordinance ri
of 1869, see.
1.]

3. It shall be lawful for the Governor, from time to tine, to order
the re=payment out of any such monies as aforesaid, of all sums which
shall have been expended under the, provisions of the said Act by the
Imperial Government, or by the ' Shipwrecked Mariners' Society ' or, by
the Government of any adjacent British Colony, or by any British
Consul, Vice-Consul, or Consular Agent in any neighbouring foreign
country, in and about the relief of such British seamen as aforesaid, and
such sums shall 'be refunded in such manner as the Governor shall think
fit, or as Her Majesty's Principal Secretary of State for the Calonie5 for
the time being may direct.

PART II.
REGULATION AND CONTROL OF THE WATERS Or THE COLO:rY
AND OF VESSELS NAVIGATING THE SAME.

o-

CHAPTER .I.
.REGULATIONS.
Duties of Master.

Governor may
oid.cr pay-
ment of ea=
penses incur-
red ~in the
Colony far
relief of such
seamen gut of
movies form-
ing part of
general
revenue.
[Ordinanqe 5
of 1869, s. 2.1

Governor
may order
re.paynzezzt
of expenses
incurred
elsewhere than
in the Colony
in respect of
such -relief,
out of such
movies as,

aforesaid. -

(Ordinance
6 of 1869,
,
sec. ;3. ]

24. Every master of a merchant ship shall hoist leer national slips to
hoist
their rzuni-
colours and number on entering the waters of the Colony; and shall hers.
[Ordinance
keep such number flying until the ship shall have been reported at the 1
of 1862
Harbour 12aster's office. Soy. s.],
ORDINANCE No. 8 OF' 19719.

J'Vlerchant Shipping.

_S.i~1~4 to be,

2. Every such. master shall, within twenty-four hours after arrival

~%n a4 within the waters of this Colony, report the arrival of his ship at
the
hours.

t.~2~t, sec. 4] Harbour Master's office, and in the case of a British
ship, or of a ship

which shall not be represented by a Consul, shall deposit there the ship's
articles, list of passengers, ship's .register, and true copy of n,nifest
if
required. In the case of a foreign ship represented by a Consul, the
said papers shall be lodged by the master at the proper consulate. Any
- master offending against the provisions of this subsection, shall incur a
penalty not exceeding two hundred dollars.

Ships c° be 3. Every such master arriving in the waters of the Colony shall
`rxi°ored

where
ordered by ' take up the berth pointed out by, the Harbour Master, or by
any person
the .Har b°ur
Master, and sent on board, by him for that purpose, and shall moor, his
ship there
got removed
therefrom properly, and shall not remove from it to take ap an3' other
berth
I .
without
permission. : without his peTinission, except in case of necessityn to be
decided by the

Ibi`r' s°°' 9'I Harbour Master, under a penalty not exceeding ~ ane
Imndred ~ dollars;
and he shall remove his vessel to any new, berth when required so to do
by the Harbour .''Master, under a fine not dexceeding twenty dollars for
evexy hcivur that the vessel shall remain in, her old berth; after notice
to
remove under the hand of the Harbour Master, vn.his deputy, shall have

15eevliven on board of her.

4~ Every such master shall immediately stxike spars, clear hawse,
or shift berth, or obey any other. order which the Harbour Master may
think .fit to give, and any master wilfully disobeying. or neglecting this
regulation, shall incur a penalty not exceeding two hundred dollars.

5. Every such master about to proceed to sea shall hoist a blue
'peter twenty-four hours before time of intended departure, and hall give

be obta a notice thereof to the Harbour,, Master who, if there is no
reasonable
turer~ ~'~'~` objection, will furnish a part clearance, . and attest the
manifest, if
[Ib2d, sec
; necessary ; and any master having -obtained such clearance and ..not
9 sailing within thirty-six hours thereafter shall report to the Harbour
Master his reason -for not sailing, and shall re-deposit the ship's paper
if required. Any master wilfully neglecting or disobeying this regula-
tion, or going to sea without having obtained a port clearance, shall

incur. a penalty not exceeding fifty dollars.
Quarantine.
25, Whenever the Governor in Council has reasonable cause for believing
that
any country or place Amended by Ordinance No. 16 af X882] is infected
with any
ORDINANCE No, s ;oF 1379.

Merchant Shipping.

infectious or contagious disease, he may snake such regulations
concerning vessels vessels arriving

front infected

arriving from such country or place as lie thinks necessary'for
preserving the public
health of the Colon.

2. Every commanding officer of any ship-of-war, or master of a merchant
ship of - ships arriving
having conta-
whatsoever nation who may arrive in the waters of the Colony having
sutall-pea` or gious diseases
on hoard to
any other disease of a contagious or infectious nature on board shall
hoist the rep't the sane.

y a proper[Ibtd, sec. 19.3

places.

quarantine flag, and shall hold no communication with any other vessel or
boat, or

with the shore, until permission be given by the Harbour Master; and the
boarding
officer on nearing such ship shall be informed of the nature of such
disease. Any
parson offending against guy of the provisions of this subsection shall
incur a penalty
not exceeding two hundred dollars for each offence.
3. Every such commanding officer of a ship-of-war, or master of a
merchant ship, shies to remove
when ordered.
ltavtng any such disease on board shall forthwith remove his ship to any
berth which C1b =d: Sec. V.,
shall be pointed out by the Harbour Master, and there remain and keep the
quarantine
flag flying until a clean bill of health shall be granted by the Colonial
Surgeon ; and
shall afford free access and render every assistance to the Colonial
Surgeon or other
officer of health who may be 'directed by the Governor to visit such
ship. Any person
offending against the provisions of this subsection shall incur a penalty
not exceeding
two hundred dollars for each offence.

4. Every such commanding officer of.ya ship-of-war, or masts: of a
merchant shipi
in all cases vvhare such ship has last touched or stayed at any part
or-place immediately
P*edino, such ship's.arrival in the waters of the Colony, and any
contagious or
infectious disease has, to. such commanding officer's or master's
knowledge, beau
prevalent at each port or place at the time of his so touching or staying
there, shall
report the prevalence of such disease to stay Health Officer, of the.
port upon being
boarded-by such officer and in default of so reporting the same shall
incur a penalty
not exceeding two hundred dollars.
5. The Governor in Council may, from time totime, snake such regulations
conc.er-
niug vessels arriving in the waters of the Colony with any infectious or
contagious
disease'on board as he thinks necessary for preserving the public health
of the Colony.

6. All regulations made under this section shall be published in the
Government
Gazette; and when so published shall have the force o£ law, and arty
person oeuding
against any such regulation shall, on conviction. by two Stipendiary
Magistrates
sitting together, incur a penalty not exceeding two thousand dollars, or
imprisonment
with or, without hard labour for any period not exceeding twelve months,
or, at the
discretion of the Court, both penalty and. imprisonment as aforesaid.
(Amended by
Ordinance, No. 16 of 18 82. ~
[The whole section repealed by Ordinance No. 9 of .1883.]-
Steamers' fairway.

26, No vessel or boat of any description shall be allowed , to anchor
steal~teis'
within any fairway, which shall be set apart by the Harbour fVlaster for
kept cylear,
[l bid, sec.
the passage of vessels, and the master, or other person in charge of any
lsj

Shlps arriving
from port where

contagious

disease is pre-
Valent to report
:ten©»

The Governor
in Council may
make regulations
concerning ves.
eels arriving with
disease on board.

Regulations to
have the ,forco
of law when
Published in the
Gazette.
Penalties.
ORDINANCE N©. g ox~a 1s:79:

Merchant Shipping.

vessel or boat.dropping anchor in, or otherwise.obstructin.g such fairway
shall for, each offence incur a penalty not exceeding fifty dollars, and
in.
default thereof, imprisonment with or,without hard labour not exceeding
three -months.

Regulations concerning. tlze:safety of slams and
-prevention of accidents.

Vessels to 27. Every master of a ship, hulk; or other vessel, not being a
boat
exhibit light
at night. propelled.by oars, being at anchor in the .waters of this Colony
.shall,
.(o j d' see, from sunset to sunrise, cause.to be exhibited a bright white
light [from
the. starboard. fareyard arm, or: repealed by Ordinance Nv. 3 of 1880 at
the place where it- can be best seen, [Amended by -Ordinance No. 3
`ar880] and in, default, shall incur a penalty mot exceeding one hundred
`dollars.
Precaution* 2. In ease of.fire occurring on board any ship or vessel in
the waters

i~ be taken of 'ahe .Colony, if at night three lights shalLbe hoisted- in
a vertical position
~ijd' se°' v at he highest 'masthead, and a single light at -the peak, and
guns shall. be
f fed in quick succession until sufficient ~ assistance shall
be-rendered; i f
du~g fice da2i.the ensign Union down with the signal NM 'I am oWfire'
shall .be hoisted at 'the highest masthead and guns fired as above
provided
.for night time:

Precaution 3. If on board any ship or vessel in the waters of ~ the Colony
a
Ao. be taken
'disturbance or riot shall occur which the master or his officers ar ~
unable
M, case of
to quell, if by day the ensign Union down shall be hoisted at the peak
and the signal PC ' want assistance; muti~?y' shall be hoisted at the
~lighest masthead or wherever practicable under the circumstances ; guns
may also be fired as.in subsection 2 ; if by night , three lights shall be
:hoisted at the peak and a single light at . the masthead, and guns may

Governor in:
Council may
make rules to
prevent acci-
dents in the
harbour.

als'o ~ fired as before stated.

4 . Tt shall be lawful for the Governor in Council to make and publish
rules, and from time to time to vary, the same, concerning the lights or
signals to be carried, and concerning the steps for avoiding collision to
be taken by all ships, boats, or vessels, while navigating the waters of
the Colony: -Provided always that the. same shall not be inconsistent
-with, .or be deemed to affect the regulations for the time being in force
.issued by Her Majesty by Order in Council, under the provisions of
section
25 of 'The.Merchant Shipping Act, Amendment Act, 1862.'
0 RDI NANCE No. 8 or :1879:

Merchant Shipping.

0fences in the waters of the Colony.

. [See also ' TIce .Dangerous Goods Ordinance, -1873,'
and Regulations.],

28: Every person who within the Colony or the waters thereof shill
commit any of the following offences, shall incur a, penalty of not more
than fifty dollars, or imprisonment for any term not- exceeding three
months, with or w4thout hard labour.

(a.) Every person who shall unlawfully cut, damage, or destroy
any of the ropes, cables, cordage, tackle, headfasts, or
other furniture of or belonging to any ship, boat, or
vessel lying in the harbour or waters aforesaid; with
intent to steal or otherwise unlawfully obtain the same
or any part thereof.

A- v. s oj.
`sr3.a

Prohibiting
offences in tha
harbour of
Hongkong
[Ordinance
14 of 3 $4u,
sec. fi.]

Damaging
furniture of
,hi1).

(b.) Every person who for the purpose of preventing the seizure Throwing
into
water goods
or discovery of any materials, furniture, stores, or unlawfully,
merchandise belonging to or having been part of the obtained.
cargo of any ship, boat, or vessel ,lying: in the waters
aforesaid, or of any other articles unlawfully obtained
from any such ship or veskel, shall, wilfully let fall or
ttrow into the waters aforesaid, or in any other manner
convey away from any ship,.boat, or vessel, wharf, quay,
or landing place, any such article, or who shall be .
accessory to any such offence; and it shall be lawful four
any constable to take any such offender into custody and
to seize and detain any boat in which such,person shall
be found, or out .of which any article shall be so let fall,
thrown, or conveyed away.

(c.) Every owner, or headman, or other person, in charge- of *Mooring oi-
boats.
any boat which shall be found alongside of any public [zbia, see. 3,
wharf or landing-place (unless while taking on board or s 3,b- sees.
landing passengers or cargo), or lying off the same so
as to prevent the free access of , other boats thereto, and
the owner, headman, or other person in charge of any r
bolt which shall be moored or at anchor at a distance
of less than one hundred yards from low water mark of
such part of the Colony as may be declared -by regulation,
4bstruotiun
of harbour
by iubbasl7.,

OP Did' N\ CE No. 8 of 1879.

Merchant Shipping.

between the hours of nine o'clock at night and gunfire
in the morning, and no owner of any boat plying for
hire shall be permitted to receive or land passengers.
after 8 r.iNr., except at such wharf or wharves as may be
from tune to tune specified by the Governor in Council
Provided alv-ays; that nothing herein contained shall be
construed to extend to any boat . nosed or at anchor-
alonasicle of any private wharf with the consent of the
owner thereof.

(d.) Every person who shall cast or throw any dead body;
ballast, rubbish, or other substance ; either from shore or,
from any vessel, into the waters of the Colony, or shall
neglect within a reasonable time to remove any sunken'
vessel or other obstruction in the' said parboils beloncrina
to him or in his charge or keepim(r.

Every person why not being in Her idlajesty's service and
not being duly authorised by lacy for the purliose; boas
on board any ship within the waters of the Colony,
without the permission of the master or officer in charge ;

and the master or person in charge of,such ship rnay'tah(e
any such person so going on boat; as aforesaid ino~
custody and deliver kiln up forthwith to any constable
to be dealt with accordino~ to law.

Every person not being in Her Majesty's service who shall
make fist to or cause to be made fast to a ship under
way within the watery of this Colon, any boat; junk or
other vessel, without the sanction of the maser or officer=
in charge of such ship.

Exeept as is hereinbefore directed by subsections 2 and 3 of -

to be used. ex
cept~. oelt~1 sego 27, yr under the sanction of the Harbour Master, no
cannon, gun. v
eases. 1i.taance a ~ or fi of any description shall be discharged within
such portions of
of 1862, s.1II the ',waters of the Colony as the Governor may, from tine
to time,'.by=

reoUlati.ona prescribe, from, any merchant vessel or boat, under a penalty
not exceeding two.,hvandred dollars,
Removal of obsb°uctions,
r~our mac. 2'9. The Harbour I\Zaster may, by written notice, require any
person

'ter -may re.
t0 remove within a -reasonable ,tirrle to be specified in such notice, any
obstruction in the waters of the Colony, caused by such person or v
OTinI\TA\CE No. 8 OF 1879.

Merchant Shipping.'

belonninn to hint or in his charge or keeping; ; and. if such person fail
to ~s~:~ orax. lialice 14 of
remove the obstruction within the specified time, the Harbour Master
shall is~:>, see. 3;.1
cause tile obstruction to be removed, and may recover the expenses of
removal from the person named in the notice.

Moorings. -

30. No person shall place moorings in the waters of the Colony Ha,bow Mas-

i~en miay lmw.

except with tile sanction of the Harbour Master, and such moorings shall
Mit
,~,~a~

to be laid

,be of such nature as the Harbour Master shall approve; and the Harbour
Master may, upon giving, such sanction, attach such conditions to tile use
and employment of such moorings ~s he shall think fit. ' °

Po?cars of -Police.

31. The Captain Superintendent or other Superintendent, or any
inspector of the Police force shall hate power, by virtue of his office,
to
enter at all times, with such constables as he shill think necessary, as
well by night as by day, into and upon every ship, boat, or other vessel
(not being a ship of war or vessel having the status of a ship of czar)
lying in the waters of the Colony, and into every part of such vessel, for
he, purpose of inspection and upon occasion directing the conduct° of any
jcostable who `m ay be stationed i on board of any such vessel, and of
inspecting and observing the conduct of all other persons who shall be
employed on board `of any such vessel 11 or about the lading or unlading
thereof, as the case may be, and for the purpose of taking all such
measures as may, be necessary for providing against fire or other
accidents,
and preserving peace and good order on board .of ariy such vessel, aid
for: the effectual prevention or detection of any felonies or
misdemeanors.

2. It shall be lawful for the Captain Superintendent or other Super-
intendent, or any inspector, or sergeant belonging to the Police force,
having just cause to suspect that any felony leas been or is abouto be
..-committed in or on board of any ship, boat, or other vessel (except.
ships,
of war or vessels having the status of *ships of war) lying in the waters
of the Colony, to enter at all, times, as well by night as by, day, into
and
upon- every such ship, boat, or other vessel, and therein to take all
necessary measures for the effectual prevention or detection of all
felonies
which he has just cause to,suspect to have been, or about to be committed
in or upon the harbour or waters of tile colony, and to take; into custody
gall persons suspected of being concerned in such felonies, and also to
wake charge of all property so suspected to be stolen.

slaectom may
board vessels.
~Ordiriance'1 4
<>F '18a:i,
soo. 7.]

hupcrin.ten.<l-
eut,, &c. hav-
ing just cause
to suspect
felony, may
enter on board
vessels and.
tale up sus-
peeteel pei-

[za2d, see. s.l
ORDINANCE No. 8 of 18?9.

Merchant Shipping.

.Powers of Magistrates.

.any breach of 32, Where no penalty is specially attached by this chapter
to the
this chapter ,
punishable-by breach or znfri-ngement o_f any provision herein contained,
the same shall
fine, nance be punishable by , a penalty not exceeding twenty-five
dollars, and in
' ~ default of payment thereof, imprisonment with or without hard labor
not exceeding one month.

CHAPTER II.

LIGHTHOUSES, BUOY'S, on BEACONS.

Into rprera. 33. In the construction of this chapter, the term '
lighthouses'f
CoTa~.~,~e.
(Orinance shall, in addition to the ordinary meaning of the word, include
lightships--
'17 in addition to the ordinary meaning of the word, include lightships--
'17 of 1873,
see. 2.] '17 all floating and other lights exhibited for the guidance of
ships; and
the terms 'buoys and beacons' shall include all other marks and sign
of the sea. -

Rower t°ereet 2. It shall be Iaivful for the Governor to erect-and
maintain within
~t~ighthouses,. the Colony such lighthouses, buoys; or' beacons its the
Governor:. in._.

~zrzd, sic: s.] c~;uricl. shall think necessary to be exhibited for the
guidance of ships:

Tower to SIt shall be lawful for the Governor, from time to time, with the

rare paces- --
6%ry ~mntrs by a assent of the Legislative Council, to raise by way of
public loan, . upot

public loan. ~ .
cxr~Zd; see. 4.l the security of the general revenues of the Colony, such
sums of money
as may- be necessary for the purposes aforesaid, aid every loan so raised
shall be a charge upon the said Culonial revenue.

4. It shall be lawful for the Governor, in the meanwhile, kith
such.ac~va~e-.

~~as oi~;°f. assent as aforesaid, -to order the payment, by way of
temporary advancer
'rfhe colohial-
Tleasu xy, _ out of any movies for the time being in the Colonial
Treasury, of such

lrb2a'sem 5'j

- sums of money arising from the general revenues of the Colony, as may

be required for the purposes aforesaid: Provided always that all sums- of
`= won=so advanced out of the general revenue of the Colony, shall be

repaid into the Treasury out of the sums which may be wised by way of

yoau: under the provisions in that behalf hereinbefore contained:
r u ~ The p?-oVipio?is of these sub-seetio?as are extended to the Gap
Rock -

LV' by Ordinance No. 35 0, f 1889. .

Light .Dues.

Light aues. 34. 'r-he owner or master of every ship which elders the
waters- of

[MJ,52C:s.]
the Colony, shall pay such dues in respect of the said lighthouses,
buoy's,
or beacons jas may, from tune to time, be filed by order of the Governor,
ORDINANCE No. s oF- 1$79.

316-chant Shipping.

in Council, to such officers as the Governor shall, from time to time,
appoint to collect the same, and the same shall be paid by such officers
into the Colonial Treasury.

2. All British and foreign ships of war shall be exempt from the
payment of light dues.

3. It shall be lawful for the Governor, by Order in Council:--

(a.) To exempt any ships, or classes of ships, from such pay-
ment, and to annex any .terms or conditions to such exemp-
tions ;

(b.) To substitute any other dues, or classes of dues, whether
by way of annual payment or otherwise, in respect of any
ships, or classes of ships.

4. Tables of all light dues, and a copy of regulations for the tune
being in force in respect thereof, shall be posted up at the office of the
Harbour Master.

5. A receipt far light dues shall be given by the person appointed to
collect the same to every person paying in the same, and the Harbour
Master shall not a'rant a clearance to any ship, unless the receipt for
the same same is produced to him.

6. If tile owner or master :of any ship fails on demand of the author-
ised collector to pay the light dues in respect thereof, it shall be
lawful
for such collector, in addition to any, other remedy which he is entitled
to
-use, to enter upon such ship and distrain the goods, guns, tackle, or any
other things of or ,belonging to, or on board such ship, and to detain
such
distress until the said light dues are paid; and if payment of the same is
not .made within the period of three days next ensuing such distress, he
may, at any time during the continuance of such non-payment, cause the
same to be appraised by two sufficient persons, and thereupon sell the
same, and apply the proceeds ir4 payment of the light dues due, together
with reasonable expenses incurred by him under this section, paying the
surplus (if. any) on demand .to the said owner or master.

7. In order to ascertain the burden of any ship liable to pay light
dues under this Chapter, the person authorised to collect such dues may
require the owner, master, or other person in command of such ship, or
any person having possession of the same, to produce the register of such

Exemption of
men of war.
[Ibid, sec.?.]

Governor to
allow certain
exemptions.
[Ibis, sec. 8.1.

Tables of lijht
dues to be
exhibited at
Harbour
Master's office.
[ See M. s. A.
1804, sec.
399.]

Ship not to be
cleared'with-
out produc-
tion of receipt
for light dues.
[See M. S. A.
1854,. sec.
100.1

Power of
distress for
light dues.
[ M. S. A.
sec. 401.] ..

Ship's burden.
to be ascer-
tained by
measurement
in certain
cases.
I'eraalty for
i.-njuW og
1jghts. ~,c.
S. A.
1854, see.

ORDINANCE No. 8 OF 1879.

:ltlerchant Shipping.

ship for the inspection of such person, and, capon the refusal or neglect
of
such owner or master to produce such register; or to satisfy the person
authorised to collect such dies as to what is the true burden of the ship,
it shall be lawful for such person to cause such ship to be measured at
the expense of the master thereof, and such expense shall be recoverable
in the same manner as d Lies payable under~this Chapter ; and such meas-
urement shall be deemed to be the 1°eat burden of the ship, and may he
treated as such for all the purposes of this Chapter.

$. The master of any ship who shall attempt to depart from the
waters of this Colony without paying the light dues in accordance with
the provisions of this Chapter, or, who shall refuse to hawk leis ship
measured to ascertain her burden in tons; or who shall obstruct any
person in the duties of his office, shall be subject to a penalty not ex-

ceedinb two hundred dollars.

( Pie provisions o, f these sub-sections are extended to the Gad Rock
Li glctlaorcse by Ordinance No. 35 of r889.]

Dczrr7age to tights, buoys aid beacons.

,e36, If any person wilfully or negligently commits any of the
followina offences, that is to say:

(a.) Injures any lighthouse, or the lights exhibited therein, or
any buoy or beacon

(b. ) Removes, alters, or- destroys any lightsbilo,, buoy, or
beacon

(c.) Rides by, makes fast to, runs foul of, any lightship, - or
buoy;
.

He shall, in addition to the expenses of making good any damage so
occasioned, incur a penalty not exceeding two hundred and fifty dollars.

Prevention of false light,.

zlar~bour ' 3$, Whenever any fire or light is burnt or exhibited at such
place,

Master may ,:

awoldbit t,LtSC orvri such manner, . as to be liable . to be rriistaken
for a light, proceeding

li~ht.~.

CA1. s. A. from a lighthouse, it shall be lawful for 'the Harbour Master
to serve a

8.54, see.

41-5.1 notice upon the owner of the place where the fire or light is burnt
or

exhibited', on ors the -person hay ink charge of such fire or light,
either
personally, or by delivery at the place of abode of such bwner or person;
or by affixing the same in some conspicuous spot near to such fire or
light, .and by such notice to direct such owner or person, within a
reason-
ORDINANCE No. S of 1879.

Merchant Shipping,

able time to be therein specified, to take effectual means for the extin-
guishing or effectually screening such existing light; and for the
preventing for the fattire any similar fire or light, and any owner or
person disobeying such notice, shall be deemed guilty of a common
nuisance, and in addition to guy other penalties or liabilities of any
kind
thereby incurred, shall incur a penalty not exceeding five hundred dollars
or sit months' imprisonment with or without hard labour.

2. If any, owner i or person served with such notice, as aforesaid,
he may abatu
neglects for a period of twenty-four hours to extinguish uislr or
effectually ~ gel,S i ~hts.
screen, the light or fire therein mentioned, it shall be lawful for the
Harbour Master, by his servants or workmen, to enter into the place
wherein the same may be, and forthwith to extinguish such fine or light
doing no unnecessary damage; and all expenses incurred by the Harbour
:1Taster in such extinction, may be recovered from such person or owner
as aforesaid in the same way as penalties are hereby declared to be
recoverable.

CHAPTER III.

IMPORTATION AND STORAGE oFGUNPOWDER.

[wee also `~ the Dangerous Goods Ordinance, 1873,
and regulations.

3'~. The Governor is hereby empowered to provide, at the expense
of the Colony,. all necessary vessels arid buildings for the storage of
gunpowder, and no gunpowder arriving in this Colony shall be stored in
any other building ,or vessel except as provided by subsection 10 and
subject to the observance of the rules and regulations to be made under
subsection 12 of this. ssction.

2. Such vessels or buildings shall, for the purposes of this chapter,
be termed a Government Depot or Government DepBts for the storage of
gunpowder, and shall be under the control and management of the Harbour
I1laster, subject to such orders as may, from time to time, be received
f i orm the Governor; -and such vessels or build ing s shall be fitted and
manned in such manner as the Harbour Master, with the approval of the
Governor, shall deem expedient.

Fsys.]

vesscl5 gnu
buildings to
be provided
for storage Of
gunpowder .
[Ordinance
4 of 1867,
'cc. ~.]

To oe te~nleCi
Government
dept for tbo
storage or
gunpowder.
[1`birZ, see. :>.`j
,~l~aving . more
',Sari tzvo

humdxed lbs.

<<o:.,ti.powder
`o~;~oard- t6
eiUMbg ~ a ~a~,

-=~tr,sp~sang
'A.80M. en

the std:

No dun: .

`powdex=td b~
transhipped'
at night.

(Ibid, sec

10.1

ORDINANCE No; 8 of 1879.

-Merchant Shipping.

Master of yes- 8. The master of every vessel arriving in this Colony
having on
.sel havlriggyp' board thereof anY quantity of gunpowder exceeding two
hundred tbs.

wards of two a
huf b

powder on shall, immediately upon the arrival thereof, and before the
discharge from
board to fur- the ship of an .of such gunpowder, furnish the Harbour
Master with a
nish Harbour p ~ Mater with copy of .the manifest of such gunpowder, the
marks of all the ackagres
particulars pY p
immediately. .herein such shall be contained, and the names of the con -
[Ibid, sec. 6.1

gunpowder ,

signees of such gunpowder, if he shall know the same.
Master ofsuch 4. The master of every such vessel as in the last preceding
section
~~ to ap mentioned shall as soon as possible take the same to the place
which shall
fled place an

there remain d be pointed out to him by the Harbour ~Master or his
deputy, and the said

until be have vessel shall not be removed therefrom without the
permission in writincr

pemnission to: a

[Ibid, eave. sec.'7.J ~ df.the Harbour Master.

Mode of pro- 5. When any quantity of gunpowder exceeding two. hundred tbs.
is
ceeding when
gunpowder is about to be conveyed out of the Colony, the master of the
vessel about to
to be export-
ed. convey the same shall, on producing the written authority of the owners
[rbia, see, s.]
thereof or their agents receive from the Harbour ;Master, a permit to take

on board the packages mentioned in such authority and the master of
such vessel shall thereupon move the' same into such anchorage as the
.Harbour Master may deem expedient, and from such anchorage the master
of such vessel shall nod remove the same except for the purpose o£
proceed-
ing on his voyage or for some other sufficient cause to be approved by
the Harbour Master.
6. The master of every vessel having on board more than two hundred
tbs. of gunpowder, or whilst engaged in the transhipment of gunpowder,
shall exhibit a red ,flag at the highest masthead.

7.. It shall not be lawful for the master of any vessel to tranship any

gl pripowder between the hours of 6 1::M. and 6 A.M.) from October to
March inclusive nor between the hours of 7 P.m. and 5 A.M., from April
to,September inclusive, without the written permission .o£ the Harbour
-1Vlaster:r

No vessel to $. It shall not be lawful for the master of any vessel,
without the
anchor within
five hundred written permission of the- Harbour Master, to anchor such
vessel within
yards Government live hundred yards of any Government Depot for the
storage of gunpowder.
Depot for
storage of
gunpowder.
(Ibid, sec.
ORDINANCE No. 3 -of 1879.

Herchant Shipping.

9. It shall not be lawful for the master of any vessel having on board
gunpowder exceeding in quantity two hundrad tts., to anchor nearer than
.
five hundred yards of any other vessel.

10. It shall not be lawful for any person, without the permission in
writing of the Governor, to keep for any time however short within any
house, store, godown, or other place on-land, a larger quantity of
gunpowder
than fifteen lbs.

11. It shall be lawful for any Justice of the Peace or Police officer
duly authorised by warrant to enter and if necessary to break: into any
house; store, godown, vessel, or place either on land or, water within
which such Justice of the Peace shall be credibly informed on oath; or
shall have reasonable grounds of his own knowledge to suspect and
believe that gunpowder is kept or carried or is on board of any vessel
contrary to the provisions of this chapter.
12. The Governor in Council is hereby empowered to finale rules
and regulations for the proper carrying out the provisions of this
chapter,
including the storage of gunpowder on land, -or its carriage within the
waters of the Colony, and to fix and vary, from time to time, the, sums
chargeable for the storage of gunpowder as hereinbefore prescribed, and
every violation or neglect of aDy such rules or regulations shall render
the party so offending liable to the penalties imposed by subsection 14 of
this section for offences against any provisions thereof.
13. The sums, charged in respect of such storage shall be paid
monthly by the party claiming to be entitled to such gunpowder, and in
the event of the same not being paid within twenty-one days after the
same shall have become due and payable, it shall be lawful for- the
Governor to direct the said gunpowder to be sold in order to defray the
expense of storage, and the prodeeds thereof after deducting all Govern-
ment charges and the expenses of sale shall be paid to the party who
shall prove him self_entitled -'thereto to the satisfaction of the
Governor.

14. Every person who shall violate or refuse, or fail to comply with
Trial of o:ffen-
ces under this
-the provisions of this-chapter, shall incur a penalty not exceeding
three chapter.
I_lb;d, see.
hundred dollars, or imprisonment for any period not exceeding six
.months.

1527

!To master of
a vessel
having marc°.
t.>aa,n two
hundred lbs.
of gunpowder
on board to
anchor with: n
five hundred
yards of ary-

other vessel.
[Rid, sec.
12,]

No person to
keep in any
house, store..
.Cc, mJre thaia
fifteen lbs, of
gunpowder.
[Ibid, sec.
13.]
Power to
Justices to
issue warrant
to search.
fIbit1, see.

Governor ire
t';auncil
empowered
to frame rul.er~
far carrying

out provisions

of chapter and
to firm charge!:.

[ t bid, sec.
16.]

Sums how to

be paid and ii-'
not. paid how
to be recover-
ed.
[Ibid, sec.
17. ]
ORDI\'ANLCE No. 8 of 1879.

.1tTerc7au7at Shipping.

qb* of-war

10'. Nothing in this chapter contained shall apply to Her Majesty's.

.wii GOV' Stores ships of war or to the ships of war of any foreign
nation, or to hired
caxc:eptecl. ,

C.rhid, sec. armed vessels in Her Majesty s service or in the service of
any foreign
nation, or to any. Government stores.

PART III.

REGULATION' 0F cTI;TNKS.AND SMALL BOATS.

'CHAPTER I.

LICENSING OF JUNKS.

Caten)mta- 38. In the construction of . this chapter the term 'Junk' shall
tion of terms:-. rnea,n every sea-aoin~ Chinese or other vessel got cominb
within, the
~01.d1nance 6 provisions of section 24 of this Ordinance and not being a
fishing boat or
~j1ssG' ®e°' vessel licensed under subsection 24 of this chapter.

« Licensed - The term ' Licensed Junk' shall mean a junk, boat, or vessel.
licensed under subsection 21 to ply between. the Colony and other looms, .
~~ ~~st.e~.' The term ' Master'' of a junk shall include any person for
the tinie
being in command or charge of the same.
~~raneh 2. Branch stations of the Harbour iNlaster's office shall be
maintained
on$ 0

fi rb.onr ~ t11e at such places in the Colony as the Governor may, from
time to tine:,

o~e~ ' determine, which shat 1 be under.the superintendence and control
of the'

~'~`~' So
~' ~'~ Harbour Master, and shall be called ' Harbour Master's Stations.'

And~orae&. ~. The Harbour Master shall, with the approval of the Governor,

ko~-Iz~zal~s; .

f1bzd , se ~. ~ ~ , appoyt suitable anchorages for junks in the waters of
the Colony' to be-

y ~~ied, ' Anchorages for Junks.' .,

No unlicensed

onchon within
Colonial
waters except
at one 0f th1;
auCL101 ageS
for junks.
1Ibid, sec. S.]
Unlicensed
junks to
Apehor im
5pecified
place.
(Zbid, sec. 9.]

~'-4~ No junks other than a licensed junk, shall (except from stress of
weather ~) anchor at 4ny place within the ~waters of the CQIony other than
at an anchorage for junks.

5. Every junk other than a licensed junk entering the, waters of the
Colony shall immediately proceed to and take up its berth within the
limits of one of the ' anchorabes for ~jumks.'
ORDINA\'CE 1\o. 8 of 1879.

..11erchcznt Shipping.

6. The master of every junk, whether licensed or not; shall, within.
,eighteen hours after arrival within the waters of the Colony, report such
arrival at the Harbour Master's office or at a '1=IarbourMaster's
Station,''
and shall, if a licensed junk, deposit the licence thereof, and if not a
licensed jun, furnish the particulars hereinafter mentioned, which shall
he entered in a resister kept for the purpose, that is to say:---

(a.) 1\ an 1e and capacity of junk (in piculs).

(h.) The name, address arid description of the owner or owners
of such junk and of the master:

(c.) The name, address and, description of every consignee or
agent, if any,, of the junk and cargo. in the Colony.

(d.) The description of the cargo on board, anti number of the

Report of
arrival I,10
partieuan; io
be furnihecl.
E wit. Sec..
11.1

crew.

(e.) The place from which the junk sailed on her voyage to the
Colony, and the date of her departure front such place,
and of her arrival in the Colony.

ff.) Whether carrying any and what guns, arms and. an iniuni-
tion. -

7. Upon compliance with the provisions of the last subsection, the
r~nehoras~?
master'of every junk shall receive a permit to be called an ' anchorage
ijbia, ee.
pass,' and shall forthwith pay such fee for the same as is hereinafter 12J
mentioned, and in default thereof shall incur a penalty not ex'ceedin; ten
-dollars. `

$. No licensed junk shall leave the waters of the Colony, and no
other junk shall leave any anchorage for junks without a clearance or a
special permit, unless the safety of the vessel (through stress of
weather)
shall render it necessary, aid in such case, she shall return to her
former
..anchorage ,when such necessity for leaving it shall have ceased.

9: loo junk, whether licensed or not, shall leave her anchorage No juuk to
leave at night:
between the hours of 6 P.m. and G A.M. front October to March inclusive,
rabid. se(,%
nor between the hours of 7 P.m. and 5 A.M. from April to September 14~]
inclusive, without a special permit or a special clearance to be called '
a
.44 night clearance.'..

.:Jnnk.~ amt to
remove from
anchorage
without clear-
ance onspecial.
permit.
[Rid, sec.
1:3.1
FZao, to be
hoisted before
departure.
[Ibid, see.
m.]

Special
permit.'
~.zaia, sec.

Penalty foi,
infraction of
eubseations

~:Tbid,

4f and 5.

sea.-

cyenaity for:,
infraction of
subsection ,&

ORDINANCE. NO.' 8 of 1879.

Merchant Shipping.

10. The master of every junk, whether licensed or not, about to-
leave her anchorage, shall, eighteen hours before the time of the intended
departure of such junk, hoist at the highest mast-head such flag or signal
as shall, from time to time, be specified by the Harbour Master, and also
shall give notice of such intended departure and the nature of ~he
proposed
voyage, together with the general character of -cargo, and particulars of-R
any arms, ammunition and other such articles on board at the Harbour
Master's office or station, as the case may be, at which the anchorage
pass
of such junk shall have been granted, and he, will thereupon be furnished
with a clearance in exchange for the anchorage pass of such junk, and if y
licensed junk, the licence thereof will bye returned to him: Provided
always that in case such junk shall not leave her-anchorage within
twentyT-
four hours thereafter, the master shall report the same at the Harbour
Master's office or station, as the case may be,, and the reason thereof,
and
shall, if so required to do, return the said clearance, and if a licensed
junk,
also re-deposit the licence thereof.

11. The Harbour Master or the officer for the time being in charge
of any Harbour Master's station may, from time to time, grant to any
master of a j u nk a permit to be called a ' special permit,' wwhich
shall be
a sufficient warrant or authority for the doing of any act mentioned in
such permit.

`12: Every master of a junk echo shall violate or refuse or fail to-
comply with the provisions of subsections 4 and 5, shall incur a penalty
not exceeding one hundred dollars, or imprisonment with or without hard
labour for any period not exceeding six calendar months.

13. Every master of a junk who shall refuse or fail to comply with
the provisions of subsections 6 and 10, or shall knowingly give untrue
particulars concei°nina the inforW ation which he is thereby required to
furnish, shall incur a penalty not exceeding two hundred dollars, or
rriprisonment with or without hard labour foW any period not. exceeding
six months', ,and it shall be lawful for the Governor, if he shall think
fit,
by warrant under his hand to-order that any junk whereof the master
has refined =or failed to comply- with, the provisions of the said
subsections,
and whether Such, master shall have been brought to trial and punished
or not, shall quit the waters of the Colony within twelve hours from the
sei(vice of such order on board of such junk, under penalty of forfeiture
of such junk to the Crown.
ORDINANCE' No. S of 1879.

Alerclacant Shippiyeg.

14. Everymaster of a junk violating the provisions of subsections $

Penalty for -

infraction of
and 9 shall incur a penalty not exceeding one hundred dollars, or impri-
provisions of

subsection,-, 3

(Iba<l,sec. I9J

SOI1nlellt with or without hard labour for any period not exceeding twelve
calendar months, and such junk and her cargo shall be forfeited to the
(:roan.

15. ~C'o licence, anchorage pass, clearance of special permit shall be
used in respect of any junk other than the junk therein specified, on for
any purpose otherthan the ,one therein mentioned, and every master of
a junk echo shall knowingly use or attempt to use any licence, anchorage
pass, clearance or special permit which sill not have been lawfully
obtained, shall be imprisoned with hard labour for any term not exceed-
ing twelve lendar months, and every junk in respect of which a licence,
anchorage pass, clearance,- or special permit -shall have bean used or
attempted to be used in violation of this subsection may, together with.
the cargo thereof, and whether the: master shell have been brought to
trial
or not, at the discretion of the Court, be forfeited to the Crown.
16. Every master of a junk, vessel, or boat, bringing into the
Colony, or from one, part of the Colony to another, any peraou who shall,
iy the opinion of the Court before which the offence shall be tried, '
have
come to the Colony for the purpose of mendicancy, or any person suffer-
ing from leprosy or. any contagious disease, shall incur a penalty not
exceeding ten dollars for every such person so brought by him as afare-
sald.

senaltv far
uaaawiuny
using a licen-
ce, pass,, clcnx--
ancc, or
special
termi t.
Ibid, sec.

Penalty f.6r.
bringing hpz~
dican.ts i
the Colony.
[Zb-irl, eee.

1.7. It shall be' lawful for and- person deputed thereto by the Governor,
rower to

board any
or by the commander of any of Her Majesty's ships-of-war, or far any junk
and
officer or constable of the Police force at an time to board an junk wx
demand in the waters of .the ,Colony and demand the production of either
an

anchorage piss, clearance, s-pedal permit, or licence, and in case by
reason
of the non-praduc ion of any one of such documents, or for any other
reason, there shall be' ground to believe or suspect that any provision of
this chapter has been violad by the master of such j unh., or in case the
domment produced shall appear from the date thereof, or from any other
cause, to hate been unlawfully obtained, or to be unlawfully used, to
arrest such junk- and her, cargo and the master of such j unk, and deliver
them into the custody of the Police.

I,R. No. junk or cargo liable to forfeiture, under the provisions of
Trial of o$en-
this chapter; shall be so forfeited, unless the offence in respect of
which ces under this.,
such junk or cargo is liable ~ to forfeiture, shall be tried by torn
Stipendiary 23 bid' sec'
OP.HINA1'CL No. 8 of 1879.

Merchant Shippivg.

Magistrates sitting together, who shall have power; in their discretion,
to
extend the period limited by law for an appeal from their decision to
ti1(1
Supreme Court, either before or after the expiration thereof.

JII Case ofapl,- 1 9. Every junk of which the master shall be charged with
having
payment of violated the rovisions of this Cha pter shall be forthwith
arrested and
penalty b~ p ,
maxter, the detained unless bail to the satisfaction of a Magistrate is
given
same ~y be , until the
levied by sale
,ofJunk. said master shall either have been acquitted of the, offence
charged, or if

24 j'c' found guilty, shall have paid the penalty inflicted upokhiin, and
in case.
lie shall fail to pay, within tin days, any penalty which may be inflicted
upon him, the same may be recovered by the sale of such ,junk, and the
balance, if any, ` of the net proceeds thereof, after deducting terefrom
the
expenses of such sale arid the amount of such penalty as aforesaid, sball
be paid to the owner or owners of the junk, if claimed within twelve
calendar months from the date of sale, and if ncclairned within that
period, shall be folfeitcd to the Crown : Provided that in case there
shall
ble,in.the-Colony any consignee or agent of such junk registered under
subsection 6, no sale thereof shall be made in pursuance of this
subsection
until ttirce days' previous notice thereof shall have been given in
writing
to such consignee or agent. .

20: Every junk forfeited) or sold under the provisions of this Chapter
shall be transferred to the purchaser thereof, at his expense, by a bill
of
sale from the Harbour Master, ~md such bill of sale shall confer upon such
pureh.Aser, his executors, administrators and assigns, an indefeasible
title
to such junk.
21. It shall be lawful for the Harbour Master, in such cases 'as 'lie
shall think fit to grant to any owner of any junk or Ior cha a 'licence
authorising such junk or Iorcha to ply between this Colony and other
ports, during such period and subject to such conditions as the Harbour
Master, kith the approval of the Governor, day determine, and which
conditions shall be endorsed on or contained 111 such licence, and such
,junk or. lorcha. having obtained a licence; the master thereof shall
cause
the number of said licence to be painted ire black figures twenty inches
in length (to the satisfaction of the Harbour Master) on a. white ground
on each bow and one the stern: Provided that no such licence shall be:
granted unless the intended licensee shall enter into a bond together with
one or more sureties resident in the Colony, and to be approved of by the
ORDINANCE No. s of 1879.

Merchaw Shipping.

I arbour Master, conditioned in any sum not exceeding one thousand five
hundred dollars for the observance of the conditions of such licence.

22. Every master or other person in charge of guy junk, vessel or
boat, whether licensed or not, shall obey any lawful orders which the
.Harbour Master rnav see fit to hive, under a penaltiT not esceedinone
lm ndred dollars. y .v

23. The Governor in Council is hereby empowered to maize such
rules and regulations as to him shall seem fit for .the proper carryingy
out
the provisions of this Chapter, and also to vary, front time to tune, the
fees chargeable to each ,junk under this chapter, and to prescribe, from
tune to time, the forms of all licences, passes, permits, and clearances
under this Chapter, and to provide adequate means for preventing by
force when necessary any junk from leaving the waters of the Colony, 01
any anchorage for junks, in violation of any provision of this chapter.

24. It, shall be lawful for the Harbour Plaster, in such cases ass he
shall think. fit, to grant to any person a licence far any boat or vessel
t0
be used solely as a fishiuo; boat or vessel for .such period and subject
to
such conditions as the Harbour Master, wiih the approval of the Gover-
nor, may determine and. which condition'hall be endorsed upon or
contained in such licence. Arid such boat or vessel ;having obtained a
licence, the master thereof shall cause the number of the said licence to
be painted .in white figures ( to the satisfaction of the Harbour Master')
twenty inches in length on a black ground on eacli now, and on the stein,
and every person guilty of a breach of any such conditions or offending
against the last clause of this section shall incur a penalty not
exceedinn
one hundred dollars or in default six months' imprisonment with or
without hard labour in addition to any forfeitures thereby imposed.

CHAPTER 11.

LICENSING, taLC., OF BOATS, CARGO BOATMEN, &C.

It shall be lawful for the Governor in Council to make and
publish regulations and, from time to time, to. vary the same: --

(a. j For the licensing, due management control and rebulation

of all boats or vessels, lplyinqfor hire: repealed by Ordi-
nance No. 24 of 1889 within the waters of the Colony,

rmatfy far
disobel'inr
Harbour
Master's
orders.
lr bid, see.
27.1

f*overour in.
Counsel
empowered to.
frazne vales
for carrying
out provisions
of this
Chapter.
[I bid, see.

li`islaiul; lxoaf
licollcea.

09.E

Governor i n.
Council to
make regula-
tions for
licensing, &c.,
boa t, s, 8:,c.
to be
xr)ai oE,y «~,1~
(leek and load

.ORDINANCE \'o. 8 of I8 r J.

.(72erchrint ~~hipping.

other than boats or vessels hay>in~ hritish, Colonial, or
foreign registers, not being Chinese registers; and also
other than znarhet boats or vessels or junks within the
zneanina of Chapter I. of part TIT of this Ordinance.

(b. ) For the licensing, registration and * regulation of cargo
boatmen ; `

(.c.) For fixing the scale of fees payable for such licences`;

(d. ) hor fixing the scale of fares to be charged by such boat or
vessel ; .

( P.) For tbe regulation and 1Y1a11age11lCllt of all boats, sampans,
or other vessels, used as dwelling places within the
waters of the Colony and not plying for hire;

For the re(yiatration ale licensing of such last mentioned
vessels and of the people dwelling in the same.

PlrniAa»tlenr. `~. In case any greatei,`~number of persons or passengers
shall die
,f6 ~~ dzxosrutIg

.,

~~£4~sen:;c:rs in fL,li,e :l~ Or carried 111 any such licensed boat or
vessel, within the waters. of
~>ve~crowle~l . , ,
z,6af.s : th.e Colony than are respectively allowed to be carried therein
by ,any
regulations inade by the Governor in Council, and array .one or more of
such persons or passengers shall be drowned in conseqa,ence thereof, even°y
person who shall be in charge of such boat, or vessel. shell be guilty.
of a
I Misdemeanor, and may be punished therefor without prejudice to any
civil remedy that any person nay have against such misdeineanan.t.

PART IV.

Deck arlfl load l2?tee.

40. All slips z°eoistered in the ~.~oIony shill be marked with. deck
and loa.d° lines a .s i~ provided in the ' 112erchant Shipping .A ct, 187
G.'
When a ship reaistez.~ed in the Colony bas been marked as by this section.
required, she shall be' kept so marked -until her next return to a port of
disclra,r;e in the C~I6n.
ORDINANCE NO. g OF ,1 cg

J11erclaant Shipping.

2. The owner, or went, or master of every British ship shall,
before clearing his ship outwards from any port in the Colony, 111ar1c
the load line required by section 26 of the - Merchant kipping
.pct, 1876.'

3. The owner, agent or master shall also, upon so clearing lien,
-deliver to the Harbour Master a statement in writing of the distance in
feet and inches between the centre of the disc and the upper edge of each
of the lines indicating the position of the - ship's (leek s which is
above
that centre. If default is made in delivering this statement in the case
<)f any such ship, the Harbour Master may refuse to clear the ship.

Grain CCLJ gpeg.

41, No cargo of which. snore than one third consists of any kind of C39
and to
Vie ., cap. so,
-grhain, corn, rice, paddy, pulse, .seeds, nuts, or nut kernels,
hereinafter ~,e<<. 2'>.]
referred to as grain cargo shall be carried on board arty Colonial ship,
unless such grain' cargo be contained in bags, sacks or barrels or secured
froal shifting -by hoards, bulkheads or othertise.s

If the plaster car ovc?per of any- such Colonial ship or any agent of
,such, who is charged with the loading of the ship or the sending her to
-sea, knowingly allows any grain cargo or part of a, grain cargo to be
-shipped therein for carriage, he shall, for every such offence, incur a
penalty not exceeding fifteen hundred dollars to be recovered sun1n1axily,
before a. Stipendiary Magistrate.

`'f'he penalty provided` -13yT section. 22 of the ' Merchant Shippl*Wy

Act, 1876,' for knowingly allowing any gain cargo or part of a gain

,cargo to be shipped on any British ship contrary to the provisions of the
said section may likewise be recovered upon summary conviction before
:any ,Stipendiary MLa`gistrate.

Gererczl.

4~. -So much of the various provisions of the third part of the
l` Merchant Shipping Act, 1,954, ' and other Acts amending the same
inot- being inconsistent with the provisions of this Ordinance ones now in
force: in -E n~land, as relates to rights . to wages and remedies for the
ORDINANCE. $ of 1879.

ATercleant Shipping.

recovery thereof; to leaving seamen abroad; to the. provisions, health
and accommodation of seamen ; to the poorer of seamen to make com-
plaints ; to the protection of seamen from imposition; to discipline ;_
,and to crimes committed abroad, shall apply mzctcztis mutandis, and so
fur as the same can be extended, to all ships registered in this Colony
when such ships are.within the jurisdiction of this Government, and to-
the owners, masters and crews of such ships.

Al. S. A. 1854 ~2. Every offence declared by the ' Merchant Shippirig
Acts, 1854
:~. ,ns.a to 1876,' to be a misdemeanor where jurisdiction is given to the
Court
in this Colony shall be tried by the Supreme Court in the same manner-
as' other misdemeanors are tried, and every offence thereby made punish-
able by imprisonment for any period not exceeding six months with or
without hard labour or by any penalty not exceeding 1100, except-as.
hereinbefore provided, shall be prosecuted summarily before any Ma gis-.
trace or any two Justices of the Peace in like manner as other offences-
of like character committed in the Colony nay be punished summarily,.
and any person convicted summarily shall have the like right of appeal
as if the offence with which he is charged had been tried under any local
Ordinance.

Ser,>icG a>r 3. Where any order, notice, statement, or document requires,
for theca
oiver oil
v~,~t.~x, s;.C: purpose of any provision of this Ordinance, to be served
on the 'Master
~~ sA' 1s`6
of a ship, the same . shall be served where there is no master and the
ship
is in the Colony, on the owner or one of the owners of the ship, or if
there is no owner, on the agent of the ship in the Colony, or where naF:
Such agent is known or can be found, by aflina -a copy thereof to the

mast of the ship.

4. Any such order, notice; statement, or document may be served
.
by delivering a copy thereof personally to the person to be served or b;

~leavno, the same at his last place of abode, or in the case of a master
by
i

leawng.it for him on board the ship with` the person being or appearing
to be in command of such ship.

5.. Any person, who abstracts the service of any order, notice, state-
ment, or document on the master of a ship shall incur a penalty .not ex-
ceeding fifty dollars and if the owner, agent, or master of the ship is a.
party or privy to such obstruction he shall be guilty of a misdemeanor.
ORDINANCE No. 8 of 1879.

ilfercli.ccmtl Shipping.

G. Where under this Ordinance a ship is authorised or ordered to he
calf<»vin;~

detention of

.<eta,ine(1, if the ship after such detention or after service oil the
master of ship.

Cat. s. A.
any ,notice of or order for such detention proceeds to sea before it is
m6, sea. :;a.l

released by competent authority, the master of the ship, and also the
owner '
.,or went and any person who sends the ship to sea, if such owner.or
agent or person be party or privy to the offence, shall forfeit and hay to
Her Majesty a penalty not exceeding five Hundred dollars. w

7. Where v shin so proceeding to sea takes to sea when on hoard
thereof in the execution of his duty twy officer 4>rutltorised to detain
the
.ship, or any surveyor of officer appointed by the Governor, the owner
and master of the ship shall each be, liable to pay all expenses of and
in-
cidental to the officer dr surveyor being so taken to sea and also a
penalty
not exceedina five hundred dollars, or, if. the offence is not prosecuted
in
.a snmrnary manner, not rwceedin~; fifty dollars for every day until the
=~af~cer or surveyor returns, or until such time as would enable liizn
after
leaving the slip to return to the port from which be is token, mod sncli
-cspenses may be recovered in like manner as the penalty.

S. In addition to the po-wers berc'inhefore givc:n,'it shall b(:
larvfulfor
the Governor in Council, from time to time, to make, alter and repeal
regulations for the better and more-ffectural carryin.out of the
provisions
~of this Ordinance.

C:mtero-vl
power to tilt'
(;owcrnor iv
(!UI1.I1C11 'CO
1I1t1ke rC'g111Sa-
1.iona.

9: In any regulations under this Ordinance, except with ~heference to
Awlia> iIIl1>st.
-,quarantine, it shall be lawful for the Governor in Council to impose
penalties for the breach thereof, but so nevertheless that .the penalty
for
the breach of any such regulations do not exceed two hundred dollars or
.-.SIX months' imprisonment with or without hard labour. .

.G-axette.

4. Where the Governor leas power to make ax)y orders, rules, or
- regulations in Council it shall be lawful for him, from tine to time, to
make such orders, rums and regulations in Council and to revoke, alter,
-or add, to any orders, rules or reuations so made.

lI. All such. orders, riles and regulations shall he hnulished. in the

P1iOi;lUlls ' as
to rules, &c.
mltLde 1~v
(governor ilI
cyonncil.
FM- s. f1.

1876, see. :;,1~.i
ORDINANCE ~.~To. 8 of 1879.

31erc7eant Shipping.

I Z. Upon the publication of ally such orders, rules or regulations in
the Gazette they shall, after the date of such publication, or any later
date mentioned in such orders, rules, or re~:ulatious, tape effect as if
they
were enacted by the Legislature of this Colony.

13. T here may be paid out of the Colonial revenue to any officer or.
person appointed under this Ordinance or to any member of a marine
board, examination board or Court of survey or to any assessor, such,
remuneration (if any) as this Ordinance directs, or, in so far as this
Ordi-
nance does not extend, as the Governor from time to time directs.

1 4. 'f here may be paid out of Colonial revenue alt costs and com-
pensation payable by the Governor in pursuance of this Ordinance. R

IlecavcrY or 15. All offences against this Ordinance, or any regulations
made
thereunder, except when otherwise provided, may be heard and deterrnined,
by auy Stipendiary Magistrate and. all penalties imposed by and
ex'Pensewrecoverable under this Ordinance, or any regulation made
thereunder,
-except when otherwise provided, may be recovered in a summary
before, any Stipendiary Magistrate.

16: Whosoever~ with intent to defraud, shall forge, or alter, or shah, _
bffejr; lztter,dispose of, or but off; knowing the same to be forged or
altered . z
any certificate, ticket, document, matter, or thing named in this
Ordinance
or any regulation made thereunder, shall be guilty of felony, and being .
convicted ther'eof, shall be, liable, at the discretion of the Supreme
Court;- . `_
to be kept in penal servitude for any term not exceeding seven years, end
dot less .than -three yearn, or to be imprisoned for any term- not
exceeding ~`. _

two years, with or without hard labour.

.Fees.

Fee, ply-Able, 43. The fees specified in tables masked 13, C, D and. F of
the,
12`1der this schedule hereto are hereby declared to be payable to the
collector appointed
Ordinance
And ~`1`~`:'' by the Governor as the lawful fees for the discharge of the
respective-
uiie5 therein specified, and the same and all other fees. payable under
this Ordinance, or any rebulation made thereunder, may be recovered in
a~ summary manner before any Stipendiary TAIa.aistrate.
ORDINANCE \'o. 8 uF 1879.

Merchant Shipping.

2. All fees and all costs and expenses recovered -under this Ordinance
shall be paid into the , Colonial Treasury to the use of Her Majesty,

Abstract of Ordinance .to be given to * 1Vasters.

Fees to be
paid into the-,
t;olonial
Treasmy.

- 44. An abstract of such portions of .this Ordinance as the Governor
abtmet of
in Council may direct; shall be delivered to the master of every vessel
°,given~tpr°, upon her entering the waters of the Colony;' and if before
obtaining everymaster
clearance, the master do not return such abstract to the Harbour Master,
he shall pay a fee of one dollar for the same.

Repealing clause.

4$, On and from; the coming into operation of this Ordinance the
Ordinances hereunder specified shall. be repealed to the extent herein
mentioned . Provided that any officer appointed in pursuance of any such
eA~tneritg shill be deemed to have been, appointed under this 0rdinance,
'an.= Amy rules or regulations made by the Governor or the Governor in
Council : izi pursuance of any such enactment and riot repealed by this

Urdinance or by any rules or regulations hereafter made or to be made
ther~eander, shall be deemed to have been made under -this Ordinance, and
this -Ordinance shall not affect :--

(-1.) Anything done or suffered under any enactment hereby
repealed; nor

.(2. ) .Any right, power, duty, obligation, or liability, acquired,,
imposed, accrued, or incurred under-Any; enactment
hereby repealed; nor

( 3. j Any penalty, forfeiture, car punishment incurred in respect
of any offence against any enactment hereby repealed ;

nor

(4.) Any legal proceeding in respect.of any such right, power;
duty, obligation, liability, penalty, forfeiture, or punish-
ment, and any such legal proceeding may be carried on
as if this Ordinance had not passed;

ci,ei>ealin'-,
Clause.
ORDINANCE NO. S~ of 1879.

Merchant Shipping.

nor revive any enactment repealed by any of the said Ordinances or
sections.

Ordinance 14 0;

4 of
6 of
4 of
9 of
8 of
100

f
11 of
15 of
17 of
1 of
G of
4 of
10 of
5 of
9 of

17

1

8 of

11 of

Subsections 8 ,and 9 of

184 ~ , sec. 3 .; subsections 2

. , ..................... and 3 of sec. 6 ; and
sets. 7 and 8.

1852,
1$55,

1856, : , .: : ~

1858 , . . .. . . . . .. . .. . . .: . . . . . . . Sec. 16.

1860, : : : ~ ,

1860, .........................
1860, .....................

1860, ...

1862, : , :. ~

1866, : : : ~

1867,

186'1, : : , .. :

1869, : ... :: ~
1872, ,

of 1873; : : :

Tie whole.

of 1874, .......................

1$75, ' ° .

1876, . :~, : :' _

- ~ The whole.

Suspending Clause.

The whole.

Sees.. 63, 64; &

suspenaiag. : 46. This Ordinance shall come into operation on a day to be
hereafter

clause. pr-kla7med by the Governor. i,
OFl,,DIN'A,NCE No. 8 vF 1879.

Merchant Shipping.

M

M

U2

Et
M

SCHEDULE TO THIS ORDINANCE.

' ~J -ad Smuas'33 ;)III qu

0

F ~
00
h~

sa
0
a
0

u

. 0.

t1aQ

l

f~ ~~ua'i

aaqmng

o o :a c :n en rr

iIi.ici

f ' - .o :~ ca ca c ;.o
,8 ld ,ci.d L6 h

.f(I~U3T

.f,Aqufnlq

au ~ a,
d a
n
w

A, bz

so

a

ro

i. W
V
r.' C `
P.
O
O
.p
a>
Tr
G',
O
+' O
O Ft
h , w
o a
p,
m

O h C
O

00 I-D

C Op ~ c'C~ :V

ri

000000
cl occo~rw

i W..

0. O O O

W

' ~ C_ 0 0

O CU ~ ^I
O
00
ORDINANCE N0. s oF 1879:

Merchant Shipping.

TABLE (B.?
Table of Fees payable to the Government under 11 The Merchant Shipping
Act, 1854,'

and this Ordinance.

dmouret of Fens
Effecting an Imperial register and granting certificate thereof, $15

Effecting a Colonial register and granting certificate thereof,
..................... 25

Copy from Registry Book, , :. .. ...... : : 5

For every declaration made in any of the forms B, C, F, G, M, or l,, in
the schedule
to 'The Merchant Shipping Act, 1854,'. or under section 3, subsection-3 of

this Ordinance, . r : : :: 2

Endorsing a memorandum of eh~ango of master .upon certificate of
registry, : 1

Endorsing a memorandum of change of ownership upon certificate of
Colonial registry, 25
Endowing a memorandum of change of ownership upon certificate of Imperial
register, 2

Certificate of sale or mortgage, , :. :.:. : :: ;.: ~ 2

Recording a mortgage of a ship, or shares in 4 ship, made under
acertificate -of

mortgage, . , : , :, , : r r ~.:.*

Recording the transfer of a mortgage of a ship, or shares in a ship, made
under,
a

Recording the discharge of a mortgage of aship, yor shares in a ship,
.made under a:

certificate of mortgage, 4

Endorsement on register of change in rigor tonnage I.-

Far every sale of a ship, or shares in -a ship; ~urider a certificate of
sale,.:.: .:y.. .. ~

For every -alteration in_agreements with seamen, . :. ......... - :~:

For ecrtifying a; desertion, - .. ... : : : : ...... ... . 1.

Far, attesting a ,seaman's will, ....... :::: ' :r :- :. -~Til

For examining provisions or water (to be paid by the parts failing to
support his .

case), .: ....... . : : : s:. :;, v_

For renewing Colonial register under section 3, subsection 12, . : : r ~. 5

.Far inspection of registry, ....,.:..

TABLE (C.)
Scales of fees under the provisions of t~is Ordinance.

(L) Surveys of steamships far passeugex certificates.

cafes.

Tons (Register.) Fee. ~ Tons (Register.)

100 and under, : ...... 25

,Over 100 & not exceeding 300, 35
Over 300 and under 900, 50

X900 and under 1,200, ... : G2

1,200 & under 1,500, ..... ,.

y,500 1,800, ...r...

1,800 , 2,100, ....... : ',

2,100 2, 400, . . . . . . . .

$12 for every additional 300 tons.

Added to by Ordinance No. 3 of 1887.]
ORDINANCE 'No. 8 of 1879.

Merchant Shipping.

The above scale is for twelve months. For six months sig.twelfths of the
fee
will be charged, for nine months nine-twelfths, and so on, at the rate of
one-twelfth
for each month; but no fee is to be less in amount than three-twelfths.
In all cases
`'of new steam-ships, or of steam-ships coming under survey for a
passenger certificate
Y, for the first time a full twelve-month's fee must be paid,
notwithstanding that a certificate
for twelve months may not be required, and in no case of an incomplete
declaration
will less than three-twelfths be charged.

The fee paid in accordance with the forgoing scale covers any number of
visits
that a surveyor may require to make before he is able to grant. his
declaration, as well
as the inspection of the lights and fog signals, and of the marking of
the vessel, which
inspection must be nVe by, the surveyor before he can grant his
declaration. The fee
does not, however, apply to, or include, any in'spection of lights, fog
signals, or marking
made subsequently to the granting of the declaration.

The above fee does not cover-any service under the Chinese Passengers'
Acts, or
measurement for tonnage.

(2.)-Survey of ship, under Chinese Passengers' Acts.

Surveys made within office hours.,,-

Ordinary survey of the ship and of her equipments, accommodation,
distilling
apparatus, (if any) stares, light, ventilation, and sanitary arrangements,

'Special survey, . :.: : , :
.Do. entailing unusual attention, :

A special survey is to be deemed to be a- survey requiring more than two
visits by
a Government surveyor :or surveyors, or a survey in cases in which from
age. or any
other circumstances them are .reasonable grounds for doubting the
seaworthiness of the
Nessel. Where the case rewires unusual attention and occupies an unusual
amount
4 the surveyor's time the higher fee of $30 and upwards will be charge,
-according to
the special circumstances of the case and the number. of visits made:

Where a declaration has been granted for a steamship under' this
ordinance, the
survey under the Chinese, Passengers' Acts will be made on payment of
half the usual
-fee mentioneq above. The fee paid in accordance with the above scale
covers the
inspection of the lights and fog signals, and the marking of the vessel,
made at the
time of survey under. the G'hinese Passengers' Acts. It does not,
however, apply to, or
include, any inspection of lights, fog signals, or marking, made
subsequently to such

survey.

The fee fox survey under the Chinese Fassengers' Acts does not cover any
survey
of a steam-ship for a passenger, certificate under this Ordinance, .or
measurement for
tonnage, or inspection of areww spaces.

~ 154.3
ORDINANCE No. 8 cF 1879.

Merchant 8hipping.

Travelling expenses (if any) and subsistence expenses (if any) due
according to the
scale authorised by the Governor will be charged in addition to the fees.

(3.)-b1'ea'szcrement of tonnage.

Tons (Gross Register). ~ Fee. ( , Tons (Gross Register). ( ` Fee.

7
10
1.5
20
25
30

Under 50, .:............................
50 to 100, ...........................

100 to 200, ,

200 to 500, ...........................
500 to 800, ..........................

800 to _1,200 ... ,

1,200 to 2,000; .....................

2,000 to 3,000, ....
3,000 to 4,000, ,

4,000 to 5,000, .....................
5,000 and upwards, * .............

(4.)--Inspection of the berthing or sleeping accommodation of the crew.

The fee to be paid on applicatiou.for inspection is $3.

35
40
45
50
55

A further fee of $3 will be charged if more than one visit by the
surveyor is
necessary: -

T1ze fees for inspection of crew spaces will not be charged if the
inspection is made when
the vessel is ineasured for tonnage, but if a second or third visit is
necessary for crew spaces- 31,
alone` a fee of $3 for each visit will be charged.

(5.)-Inspection of lights and fog signals.,

The fee to be paid on application for inspection is $3.

A further fee of $3 will be charged if more than one ~ visit by .the
surveyor is.
necessary.

($.)-Inspection of the marking of vessels.

The fee for a first visit is $3, and is to cover all expenses except
where application
i's' made by owner, when expenses are also to be charged. For any
subsequent visit,.
. expenses are to be charged, but no further fee.

('l.)-Inspection of tracings or drawings.

The fee to be paid when tracing is submitted for inspection is lv.

This fee will not be charged when the full fee for survey under the
Merchant-
Shipping or Chinese Passengers' Act has been paid. ,

(8.)-Survey for change of name.

Fees will be charged in accordance with the scale for a twelve-month's
passeriger-
certificate. (See scale No. 1, above).
ORDI \'ANCE No. S of 1879.

Merchant Shipping.

(9.)-Survey for re-registry under section 6 of the .Merchant
Shipping Act, 18 78.

Fee will be charged on the same scale as for change of name. This fee
includes the
inspection of crew spaces and lights, but does not include measurement
for tonnage.

(10.)--Survey of a vessel before transfer to a foreign flay.

The fee to be charged in cases of survey before transfer to the flag of
any otter
country, shall be $25.

(11.)-Minor inspections, alteration of rig, port of registry, &c.

A fee of $5 is to be charged in all cases of minor inspections (e.g.,
alteration of
rig, port of registry, description of engines, &c.), of a vessel on
re-registry.

. (I2.)-For re-meccsicrement of passenger acco7nmodaticn in an y ship the
passenger
certifacat6*af which is unexpired.

A fee of $10..'

TABLE (D.)

Table of fees payable under chapter I of part III of this Ordinance.

Sea-going licence. 11'ish.ing licence.

For vessels under 500 piculs~ burden, a year, . 10.00
For.vessels under 500 piculs burden, a month or fraction

of a month,

For vessels of 500 piculs and less than 1,000 piculs burden,

a year,

For vessels of 500 piculs and less than 1,000 piculs burden, ~ 1,50
a month or fraction of a month, .. ... ................

For vessels of and above 1,000 piculs burden, a year, 20.00
For vessels of and above 1,000 piculs burden, a month or,

fraction of a month, ........... 2.00

-Fishing boats under 26 piculs,

Anchorage pass,

Special pexmit,
Day clearance,
Night clearance,

$1.00
$0.20

$3.00

$5.00

$0.50

.. . ... ... . . . ... ... .. . ... .. . .. . . . . .. . . . . Free.

........................... 0.25
seasons

senger.

ORDINANCE No. 8 of 1879.

Merchant Shipping.

TABLE (E. )

Spaces to be allotted to passengers in ships not within the
Chinese Passengers' Act, 1855.'

Between the 15th of October, and the :slat of May, inclusive:-

1. The space to be provided on the between decks shall be for the lower-
between decks 12 superficial and 84 cubic feet of space for, each
passenger;.
and in the upper between decks there shall be 9 superficial and 54 cubic
feet for each passenger. '

2. On the upper or weather deck there shall be provided 4 superficial
feet of
deck space for exercise for the crew and for every passenger accommodated,
in the between decks; and if it shall be intended to carry passengers on
the remaining spaces of the said weather deck than 12 superficial feet of
such remaining space shall be provided for each such upper deck- pas-.

Between the lot o£ June, and the 14th of October, inclusive:- .
3. The apace to.be provided in the between decks shall be in accordance
with _

the first paragraph of this table, but no ship shall .carry upper,deck..
passengers except as hereinafter provided; unloss she is furnished with a
deck house or other 'pernent protection, against the

number of passengers such structure will` accommodate ai
feet and '12 cubic feet per adult passenger.

Generalty.~

Deck ,paasen~;ers~ may be carried between Honakong and Swatow duri~
'~otl~,

Passengers are not to be carried on snore than two decks on any one
voyage: `

The superficial area of a deck shall mean .the area of the :deck itself
exciustvl~, ©£'

skylights, hatchways and other encumbrances.

TABLE (F.)

~, :The owner of any steam vessel of less than fifty tons burden desiroAs
of obtaining a licence to-
'-carry passengers for hire within the waters of the Colony, or to any
place outside of the waters of the
',C0164,-shall `cause the said vessel to be surveyed by a Government
surveyor or surveyors.

2: A certificate of the Government surveyor or surveyors, shall contain
statements of the following,
particulars:-

a. .-,-

That the hull, length-breadth --depth =. tons, is sufficient, for the
service
intended, and in good condition.

b. The number of passengers which the' vessel is fit to- carry, being,
for vessels plying beyond
the waters of the Colony, at the rate of ten superficial feet of the
upper or weather.
declc, and at the rate of ten superficial feet of the deck immediately
below the upper-
deck, for each passenger and member of the crew; and for vessels plying
within the
waters of the Colony, at the rate of seven superficial feet per passenger
and member of
-OR DINANCE. ' No. 8' 'OF -1879:.

Merchant Shipping.

e. That the master possesses. a certificate of competency from the
Harbour Master of Hongkong.

d. That provision is on board for the shelter of deck passengers, and
that there. are- not less
than two approved life buoys on board.

c. That the vessel carrying passengers outside the waters of the Colony
has boats sufficient for
the accommodation of half of the number of passengers and crew which the
vessel is
certified to carry.

fi f. That the vessel is rroperly fitted with bow and masthead lights and
also a riding, light, in
accordance with the international regulations.

' g. That the vessel is properly found with anchors and chains.

lz. That the, crew is sufficient for the requirements of 'the vessel in
the opinion of the Harbour
Master.

3. A certificate of the Government surveyor or surveyors shall contain
statements of the following
particulars:-

a. That the machinery and boiler of the vessel are sufficient for the
service intended, and in
- good condition, and that the safety valve is so constructed as to be
out of the control of
the engineer when~the steam is up and is not loaded beyond the pressure
permitted by
z the surveyor's certificate. y

b. The time for which such machinery will be sufficient.

e, That the engineer of the vessel possesses a certificate of competency
from the Harbour
Master of Hongkong.

A. Such- eortificates shall-be in force for a period not exceeding twelve
months.

.-5, pn.the receipt of the before-mentioned certificates, the Harbour
Master will cause a licence to
be-issued to the owner or master empowering .the therein' described
vessel to convey the number
of passengers certified to on the surveyor's declaration for a period not
exceeding twelve ,months.

Every vessel licensed under this Ordinance shall have her name in English
and Chinese legibly
painted on her stern and on each bow together with the number of
passengers she is licensed to carry.

?.- A fee of five dollars for each certificate shall be payable to the
Government.

$. Vessels plying far hire within the waters of the Colony shall pay a
licence fee at, the rate of $5-
per -annum-, and vessels plying for hire outside the waters of the Colony
shall pay a licence fee at the
rate of $10 per annum. These fees shall be payable half-yearly.

Cancelled by Regulations o, f 11 tla June, 1886, crud new Regulations
substituted in
Regulations 29th Tanuary, 1889.E

[In force from the 17t1a July, 1880, by proclamation 16th July, 1880.1

Regulations made by the Governor under the provisions of subsection N
of section 2$ of OrdindncP 8 of 1879, 2ith November 1880, .
(Gazette 27th November,, I880.)

The-portions of the waters of the Colony within which it is prohibited to
discha,r;e
fxrearys; as provided by subsection 2 of section 28 of Ordinance 8 of
1819, are as
follows:-
'
ORDINANCE No: 8 of 1879.

Merchant Shipping.

That portion of the waters of the Colony having for its eastern boundary
a line
drawn across the centre of the Li-u-in un Pass; and for its western
boundary, a line drawn
from the west end of Hongkong to the west end of Green Island, thence in
a straight
line to the west end of tone Cutters' Island, continued to the mainland:

'.that portion of the waters of the Colony lying within a line drawn from
waterfall
Bay to south-end of Taitam Peninsula, eontinded to Cape d'Aguilar and
Cape Collinson,
terminating at south-east corner o£ the Li.ii-mun Pass. ,

Scale of Measurements, made lay the Governor in Council, to which
steamers trading
between Honghong, Carton, and .tYlacao are to be subject, under sections
of the iYlerchant Shipping Consolidation Ordinance 8 of x8'9,
on the 9th 1ITczJ, 2882, (Gazette 27th May, 1882.)

1. On lower deck, one passenger for each sip superficial feet. '

2. On upper deck and cabins, one passenger for each nine superficial feet.

$. The above number to be farther regulated by the surveyor's judgment as
ro
whether the vessel is stable enough for the measurement number of
-pa~sse>a^e1s.

4. Asufficient number of , life boats, 'rafts, and~ life-by,oys,,
approve(.

by 't

rri©nt marine surveyor, to be supplied.

5_.: No passengers to be carried on more than two docks:`

~~ 6:: 0r1 the lower passenger deck, one passenger to= be, cleducted~ for
each -site ~t0re-.
Feet occu pi b 'cattle or cargo; and on the a er aissenaeiw clerk, one
asseu ~er tc~ '~o
p~, y Pp p ~ p , g
,-deducted .for each Maine feet occupied by cattle or cargo.

General .Zlules for formal investigcttiolzs into Shipping Casualties
made-&J, .:..
the Governor in Council under sub-section S of section .i`3 of
Ordinance 8 of 1879 on tlce 14th Yovember, 1882:

( Gazette 18th November, 1882.) T

1, v'I'hese riles shall be published in the Hongkong Government Gazette;
and 'a copy

hI be kep Master, and may be~ perused thereat by the

d', t at the office of the Harbour
Ty

m~as~eir-or Downer of any ship, and by any person deputed by him.

2: When the Governor has directed that a formal investigation into a
shipping
<;asualty shall take place and has issued a warrant to. farm a Court for
the purpose, the
Stipendiary Magistrate, appointed as, the presiding member of the Court;
shall cause a
notice to be served on the master, and upon the certificated officers of
the slip mho=mere
on, board at the time of the happening of the casualty, in the form No. I
in the Appen.di x
When the master himself applies for an -investigation into a , casualty;
end the
Governor has issued a warrant thereon, the Stipendiary Magistrate shall
cause a notice:
to be serve, on the certificated officers only, who were on board at the
time of the

casualty. `.
ORDINA~7CE No. 8of lsr`9.

Merchant Shippin#.

The Stipendiary Magistrate may cause a notice to be served upon any other
person
who appears to have been in any way responsible for the casualty; and any
person
having any interest in the investigation, shall, on showzna the nature of
his interest, have

a right to appear.

3. The proceedings at the investigation shall commence with the
examination of
the master, officers, and any other person whether on board the ship or
not at the
happening of the casualty, and who can give material. evidence in `regard
thereto.
4. The certificate of the master or of any officer shall nut be cancelled
unless the
master or officer has had the opportunity of making a defence, arid for
that purpose lie
may produce any witnesses whom he may hash to examine. '
5. The presidia member of the Court 'may adjatlru the Court from time to
tune,
and from place to place, as may be most convenient.
G. The judgment of the Court shall be given at the and of the proceedings.

APPENDIX.

1'0

No. 1.-Notice of holding a formal investigation.
master, mate, engineer or owner of the British. steam nor sailing quip

In pursuance of the provisions of section 13 of Ordinance 8 of 1$i9, I
hereby give you notice that
the Governor bas .ordered a, formal investigation to be held into the
circumstances attending the
.. and that- subjoizied hereto is. a copy of the; rep6t~: =[az
s'statQinexzt of the case, upon
which the said investigation has been ordered,

` Dated ,it Victoria, Hangkong, this

da.y of 18$

General rules, far Courts of survey made by the Governor in Council Under
sub-section 11 of section 18 of Ordinance 8 of 1879 on the 14th

November, 1882.rGazette 18th November, 1882.

I. These rules shall be published in the Hongkong Government Gazette, and
a
copy shall be kept at the office of the Harbour Master, and array be
perused thereat by
the masher or owner of any ship which may be provisionally, detained
under Ordinance 8

of 1879, and by anyone deputed ~ by him.

2. Where the owner or master of a ship, hereinafter' called the
appellant, desires to
appeal to the Court of survey, lie shall file at the office of the
Harbour Master a notice
in tine form No. 1 in Appendix.
3. Immediately upon the filing of the notice of appeal, the Harbour
Master shall
inform the Governor, and if tte ship is a foreign ship, the Harbour
Master shall give
notice to-vhe.Consular officer for the State to which the ship belongs,
and such. Consular
ofI`rcer inaynomj.nate one person to act as a member of the Court of
survey whose name
shall be submitted to the Governor at the same time.
4. When the Governor has issued his warrant constituting the Court, the
person
appointed to be president of the Court, herein after referred to as the
president, shall'
summon the Court in the form No. 2 in the Appendix.

1
ORDINANCE. 1.o: : S of 18 7 9.

Merchant Shipping.

5. If the survey has been made on the complaint of any person,
hereinafter called
the complainant, the,president shall send to him notice of the time and
place appointed
for the hearing.

6. Previous to the'hearing, the Governor 51iall forward to the President,
to be pro-
duced as evidence at the hearing, an official copy of the report of the-
surveyor.

7.' The Court shall, if practicable, be summoned to hear the appeal on a
day not
later than fourteen. days from the filing of the notice of, appeal.

8. The Governor and the appellant shall be parties to the proceedings.

9. Any other person may, by permission of the President of the Court, be
made a
party to the proceedings. .

10. At the hearing, the person representing the Governor shall first call
his wit-
nesses and, having done so, shall state i'ri writing, what order he
requires the Court to
make. i .

' 11. The complainant, if he has appeared, ` al:.iall then call his
witnesses, and havinn
clone so, shall state in writing, what order he requires the Court to
make:
12. The appellant shall then call his witnesses, and having done so,
shall state i»
writing what order lie requires the Court to (bake.

- 13. After the appellant has examined all his witnesses, the person
representing the
r t
Governor and the complainant may, on cause shotvn to the satisfaction of
the Court, call
_ further, .witnesses in reply.
_ - 14.~ After -all the witnesses have been examined, -the Court shall
first heal- the-
wappellant, then the complainant (if any), and afterwards the . person
reprosentino~ the
Governor,
15. The President may adjourn the Court from time to time and from -place
to place,
r= ,is may be most convenient. '
16. The President shall deliver the decision of the Court in -*%,ritin ;
and the same
may be sent or delivered to the respective parties, a.r~d it shall not be
necessary to hold a
Court merely for the purpose of giving the decision. a ,
1'l. As soon as possible after the Court has come to its: decision, the
Court shall
1 issue an order for the release or detention (either finally or on
condition) ,of the vessel in
the form No. 3 in .Appendix.
18. The President shall report to the Governor in the form No. 4 in
Appendix.
J-g'. The -fees, a table whereof is in Appendix (A), shall be demanded
and taken in
shy .proceedings before a Court of survey.
.

APPENDIX . ..

.No. 1. -- l1'otiee of appeal.,

In the matter of the ship .
To the Harbour Master of Hongkong.

'fake notice that I, name and address] the master [or -managing owner or
owner

of shares of the ship of the port of do appeal,
(l.) from the report of the surveyor appointed by the Governor

to sure ey the said ship; or,
-oil the is

0 RDI NANCE No.. .8 . GF :.1:8 79:

Me9er~cint skippbik.

( 2.) From a declaration given by
or engineer, [or from the refusal o£

a.shipwriglxt, surveyor
,a shipwright,

surveyor or engineer to give a declaration], tinder the provisions of
sub-section 8 of section 5 of Ordinance 8 of 18,9; or

(3.) From the refusal of :in emigration officer L or as the
case may be] to give :t certificate of clearance mider the Chinese
Passengers' ..pct, 1855 ; or `

(4.) Froze tlxe refusal of appointed by the Governor under the
provisions of sub-section 4 of section 5 of Ordinance 8 of 18719, to give
:1. certificate that tile paid ship is properly provided- with lights and
with
the means of making fog signals.

The address at 'which all zlotices and documents may be served by post or
otherwise

Dated a-t this day of 183

(To be signed by the .4pycllaut).

.N70. 2.-Summons to Court.

The Court of survey for Hongkong.
In the matter v£ an appeal by froze the roport'of

the surveyor -appointed by the Governor to survey the
-may be].

In pursuance of Ordinance 8 of 1879, I hereby summon you to attezrcl its
on this appeal, at on the clay of tit the hover of

lor (is the Cape

in the 11e011.

Dated ax Victoria, Hoxigkon;, this clay of 188-..

Stipendiary Magistrate.
(Signature of person szcmnioned.)

1'1'0. 3.--Order of Court for -release or detention of ship.

The Court of survey for Honnkonri,
I n the matter of an appeal by

the surveyor appointed by the Governor to survey the

4rcse may be].

We
-,or conditionally upon

froze the report of

[or as the

do order the said slip to be released or detained (finally

Given under oar hands at Victoria, Hongkong, this day of

Members of the Court of survey.
ORDINANCE No. 8 of 1879.

, Merchant Shipping.

No. 4.-Report of members of Count of survey.
The Court of survey for IIon,rkong.

Tn the matter of an appal by from the report of

the surveyor appointed 1?y the Governor to survey the [or as the case mad
bed..

'tee do report that, having heard this appeal, we-did order the

saici ship to be released or detained finally or conditionally upon ,' ~
for-
the reasons set forth- in the annexed statement.

We are also of opinion that the costs of this appeal should be paid by
the appellant
Pr by: the Governments ; or that all parties shall pay their own costs. -
y - Dated at Victoria, Hongkong, . th is , day of x, 1 ~3$ . -

Members of the Court of survq

(.A.)-!'able of fees.

On filing notice of appeal, for every 50 tons of the gross registered

' v tonnage of the shipz . : : : : :., $5,Op,

C)z1 filing every affidavit, .............. : : ..... ..... : : 1.00

le 00

On ',every subpoena, :.: -.: :.: ::.: ,:::.:: , : 1.00

On every statement of the order-required to be'made,by the Court, ... 5.V0

On the: production and swearing of very witness, .: :
-oil every consent by the parties to refer the question of costs, or of
costs and damages, to the Court, to be paid by each party, ......
On every hearing, for each day, to be paid by each party, the amount

thereof to be at the discretion of the members of the Court,...from 10.00
to $05U:O;0
`C?z1 every order whether for the release or detention of the ship .or for

pa ent of costs, or costs and damages, to be paid by, the party
YM
taking out the order,
......................................................

;,,. every office- copy of the judgment or report, or of notes of the

deuce, or of any of the proceedings in the appeal, per folio of

words, ............................................................. . .... 0
.25

5.00

5.00

Regulation made by the Governor ire Council under the provisions of
sub-sec. 4 of sec. 7 of Ordinance 8 0'1879, on 8th.
(Gazette 16th December, 1882:)

From and after this date no licence for a steam-launch will be issued or
ienewo

l -'
wider the provisions of seed 7 of Ordinance 8 of ~ 18'T9, unless the
person applying for the'..
.sane produces a certificate from the Government marine surveyor to the
effect that tbal
vessel for which the licence is applied is properly fitted with a fusible
safety plug.
ORDEN, AhTGE Na: 8 of 1879.

lilerchant Shipping.

.kale of charges fixed by the Governor in Council the 21 st August, 188,
u,nder section
37 of Ordinance -No. 8 of 1879, for the storage of gunpowder in.,the
Go2ennoaent depots. (Gazette 2nd August, 1885.)

.L'ackages containing `?5~itas. and less of loose gunpov-der, ...
.,..,.....

Do. do.

Do. do.

Do. do.
Do. ~ do.
Do. do.
1)0. do.
Do, do.

do, gunpowder in tins, ...............

mare than 25 tbs. and less than 50113§. of loose gun-

powder , 10

do. do. gunpowder in tins,l2

;i0 Is. and less than, 75 tbs. of loose gunpowder,. .. 14
do. - gunpowder in tins,..:.., 16

do. 100 IN. of loose ganpowder, .., t 8

do. gunpowder in this 20

6 cents.

and so on, increasing 4 cents per package for each 25 Ibs. of
garrpo«=der, up to gaol u
excess of 100 tbs,., according as the gunpowder may be loose orv in ties.

Packages containing ball-cartridges 'to be charged per 25 115s. weight, 3
cents 'a
inortth, and fraction of a month.

The weight of the various packages, w-ill be determined at the tarrio of
strrriug, and
no alteration will be alloneclafter they have bear received into the
Magai.irre.

~E~,~-E'R~'MJ~I~'r NOT Ih'ICA1'ION.-~-No. L65: ( gazette 8rd -.lta&,
x884.)

~Uncler the provisions -of snb=section `2, section 15 of ,(Jrditiance` $
of 187% fb(I
-

Governar in Council has, been pleased to direct that:-

1. Certificates .of ~ caniL?etency issued on and after the first day of
January last rriay-
be exchanged for-the vew or, ' Governor's certrfictztes, issued under the
provisions of Hex

,Maiesty's Order in Council of the ,31.st December, 1$$3, without the
payment
fee ,;- and - , .

2. As regards Certificates issued prior to that date, the bolder <>f ~ a
cetific,ate 4k
Competency desirous of obtaining a Governor's Certificate may be
exam,inecl under the
regulations made by the Governor in Council (sub-section 2, section 15 of
Ordinanc<a -
8 of I$fi9); and, if he passes at his fast examination, lie will receive
a -Governor'w
certificate'; and the fee he has paid will be returned to trim, but if
-he fails to 1as :o~
lris first examination the fee he has paid will be retained by did
Treasury.

Regulation made by floe Governor in Council under sub-section 4
section 7 of Ordinance 8 oj'.T873, on floe 14th, ya::etted
. 15th August, 1885.

The following Regulation shall be included in table F of Ordinance 8 of
18 79 :-

~; A fee of two dollars and a half for the examination of the master or
engineer
o£ a steam-launch shall be payable to the Government:
r, ' 554 (.?R13NANCE No. 8-: O. F- Merchant Shipping.

x Rules made by the 'Governor in Council the 17th day of September, 1'885,
~, under ,section 87. of Ordinance 8 of 1879, for the storage of gunpowder
iii the Government depot. - (Gazette 19th September, 1885.)
kt , - ' i

I . The officers and men belonging to a Gunpowder depot, and. to every
vessel
receiving, or discharging gunpowder into or out of such depot, shall
always, unless
cause be.shewn to the satisfaction of the Harbour Master, be at such
depot or on board
such vessel. during the transhipment of gunpowder: ,

s '' 2. At the tixhe of the transhipment . of gunpowder, no person in a
depot or oii~ f
board of any vessel receiving or discharging gunpowder shall wear sloes
or boots; but
may instead thereof wear Chinese grass slippers which will be provided-
by the officer,
in charge of the depot.
3.At the time of the transhipment of gunpowder, no person shall in a
depot or,
4-1
on board of any vessel receiving or discharging gunpowder, or.on board of
any junk or
boat engaged in such transhipment, have or use any charcoal or ether
combustible
r~
matter or any fire or naked light. '

-4. At the time of the transhipment' of gunpowder, no person shall smoke
in a

~G
depot or on board of any vessel receiving or discharging gunpowder or on
board of any
. junk or boat engaged in such transhipment:
.a ,. y
5. .At the time of the transhipment of gunpowder, no ' person' in a
depot: or on
board of any 'vessel receiving .or discharging, gunpowder, -or on board
of .any Junk or:
boat engaged in such transhipment, shall be employed about any work other
than; and
except the transhipment of gunpowder.

6: At the tithe of the transhipment of gunpowder, that portion of the
deck -flf
any vessel over which the packages of gunpowder are being - passed shall
be kept

wetted.

i. No person shall without the consent in writing of the Harbour Master
fir
fInd obtained open any package in a gunpowder depot.

8. With reference to subsection 10 prohibiting the storage of
of gunpowder on land, it is hereby directed that such gunpowder sh
any package other than one composed of zinc, copper or brass, a
~prtek.age shall be placed in a safe and convenient position beyond th
acci~aa~t from lights, &c. ~ - '

' ~9. At the time of transhipment of gunpowder, every vessel e
transhipment shall proceed without interruption or delay to or from tl
vessel discharging, or receiving such gunpowder.

10. The cargo of. every such vessel employed in transhipment sh
at the depcit be immediately discharged by the owners or consignees
shall, be their delivered into the depot, and if the owner or consigne
shall fail in so doing, it shall: be lawful for the Harbour 14Iaster or
hi,
the carne discharged and delivered into the dep()t at the expense of
consignee.

ore than 15 ibs_
11 not be, kept in
d that the said
retch,of fire; or

preyed in such
e depot, and the

11, on her arrival;
f such cargo and,
of such cargo
deputy to have
.he said owner or--
6P.DINANCE '.N'o; 8- OF', 18i 9:'

.iterchant Shipping.

11. At the time of transhipment of gunpowder, the owner or,consignee of
the
-;line shall attend at the depot, or shall send it responsible
representative instead, and,
any question which may- arise as to the number or weight of cases or kegs
recoiVed at or
delivered out of the depcit shall be decide,l at the time by such ;,owner
or his representa-
tive, and the officer iu charge of the depict, who shall if necessary
refer the same to the
Harbour Master.

Anchorages for junks approved fiy the Governor ander subsection 8
o,f'section

38 of Ordinance 8 of 1870, the 29th May, 1886. (Gazette of the sane,
date.)

1. -Between the Southern limit of the Central Fairway and a line

200 yards from the T'roya Wall.

'1 'he Eastern-end, 400 feet west of the Canton Steam-boat Wharf.
The Western-end, a line having the Eastern-end of the Civil Hospital Oil
with the,
hlaastaff at the T'. & 0. Company's Coal Stores.

2. Between the Southern lirnit of the Central Fairway and a line having
the ~.ronth.

extreme of Ran-i-Chan just open of the Nortli extreme of Green Island.

The Eastern-end, a -line drawil in continuation of Queen Street.
The. Western-end, as far as the Harbour Master shall thii~h fit.

. .haumati.

8duthern Boundary, a line boaring S. ?0°. W. from 40 feet North of Police
Jetty.
Northern Boundary, i. line drawn seaward from a clump of boulders on,
British
Kowloon oil with a staff with disci oil it bearing 5. 83°. W.
t Between 9 p.m. and daylight ,;Yon-fire; u, clear passage of 60 r ants
fro In they shore-
shall be kept.

Regulations made by the Governor in Council under the provisions
oj'sub-sees.
3 ~ 4 of sec. 7 of the Herchant Shipping Consolidation Ordinance, 1.879,
(No. 8 of 1879), the 29th .Tanuary. ('Gazette 2nd February, 1889.)

Table F of Ordinance 8 of 1879 is hereby, cancelled and the following
substituted
in lieu thereof

TABLE (F.)

3.:- The owner of any steam-vessel of less than fifty tons burden
desirous of obt~.i'tiiia0'
a licence to-carry passen-ers for hire within the waters of the Colony,
or to/6r from
Hongkoua and any place outside the waters of the Colony, shall cause
the/4 aid vessel
to be surveyed by a Government surveyor or surveyors.
ORDINANCE i~To. 8 of 1879.

Merchant Shipping.

20. A certificate of the Government surveyor or surveyors, shall contain
statements
of the ollowinn particulars

(a.) That the hull, length breadth depth =
tons, is 5ufficient fur the service intended, and in hood condition.
(l,.? The number of passengers which the vessel is fit to carry, being,
for
vessels plying beyond the waters of the Colony, at the rate of ten
superficial feet of the upper or weather . deck, and at the rate of toil
d superficial feet of .the deck immediately below the upper deck for each
passenger and member of the crew; and for vessels plying within the
waters of the Colony at~the rate of seven superficial feet per passenger
and member of the crew.
(c.) That the master possesses a certificate of qualification recognised
by the
Board of Trade, or a certificate of corzipetencsy from the Harbour Master
of Iionrkonb.
(d.) That provision is on board for the shelter of deck passengers, and
that
there are not less than two approved life buoys on board.
(e.) That flue vessel carrying passenriers' outside the waters of the
Colony has
louts sufficient for the accommodation of half of the number of passen-
gers and crew which the vessel is certified to carry.'
(, f:) That the vessel is properly fitted with bow and, mast-head lights
and also
a riding light, in accordance with the international regulations.
(c~.) That the vessel is properly found with anchors and chains.
(It.) That the crew is sufficient for the requirements of the vessel in
the opinion
of the Harbour :Master.
3. A certificate of the Government surveyor or surveyors shall, contain
statements

of the following particulars:-

(q.) That the machinery and boiler of the vessel are sufficient for the
service
intended, and in bond condition, and flat the safety valve is so con-
structed as to be out of the control of the engineer when the steam is
up, and is not loaded beyond the pressure permitted by the surveyor's
certificate.

(b.) The time fur which such machinery will be sufficient.

(e.) That the ennineer of the vessel possesses a certificate of
tlualificatiozz
recorinised by the Board of Trade or a. certificate of competency from the
Harbour ]VI aster of Honbkona.

4 . Such certificates shall be in force for a period not exceeding twelve
months.

5. On the receipt of the before mentioned certificates, the Harbour
Master will
cause a licence to be issued to the owner or master empowering the
therein described
vessel to convey the number of passengers certified to on the survey
or's. declaration for

a period not exceeding twelve months..
ORDINANCE No. 8 of 187 _.

Merchant Shipping.

(S. Every vessel licensed under this Ordinance shall have her name in
English and
Chinese legibly painted on her stern and on each how together with the
number of
passengers she is licensed to carry.
7. A fee of five dollars for each certificate shall be payable to the
Government.

8. Vessels plying fur hire within the waters of the Colony shall pay, a
licence fee
rat the rate of $5 per annum, and vessels plying for- hire outside the
waters of the Colony
shall pay a licence fee at the rite of $ 10 per annum. These fees shall
be payable half
yearly.

9. A fee of two dollars and <1 half fur the examination of a master or
engineer of a
steam-launch shall be payable to the Harbour Master for the Government,
and such master
or engineer, shall, if he obtains a certificate, produce three copies of
a photograph of
himself; one to be attached to his certificate of competency, one to be
attached to the
licence of any vessel to which he may belong and one for record in the
Harbour Office
and when a plaster or engineer is transferred from one steam-launch to
another steam-
launch, he shall produce a photograph of himself to be attached to the
licence of tile
vessel to which lie is to be transferred.

10. The certificate granted by the Harbour Master to the master or
eul;ineer of ;~.
steam-launch may, with the approva1 of the Governor, be suspended or
cancelled by the
Harbour Master, if it shall be proved to his satisfaction, after due
enquiry held by hirer,
that the said muster or en-ineer has been guilty of incompetency or
ne-li-ence in the
performance of his duty as master or engineer.

11. The owner of every licensed steam-latiuch shall cause the licence to
be flamed
and exhibited in a cons>icuous part of the cabin, so as to be visible to
all persons on

board the said vessel.

1-0. If the owner of a liceziscd steam-launch wishes to employ his vessel
for purposes,
other than for the conveyance of passengers within the waters of the
Colony, or to or
from Honakoub and places without the waters of the Colony, the licence
shall be

delivered to the Harbour Master to be retained by birn during the period
of such

employment.

Regulations for the licensing, management, and control of boats, made by
the
Governor in Council, the 21st day of December, .1889, under the pro
visions of section 39 of Ordinance 8 of 1879. ( Gazette
28th December, 1889.

These reulations apply in respect of all boats or vessels hereinafter
mentioned
within the waters-of this Colony, except

(a:) Boats or vessels having British, Colonial, or Forei- it registers
(not being
Chinese registers).

(b.) Market boats, or vessels or ,junks within the meaninn of chapter I
of part
III of Ordinance 8 of 1879. ..
ORDINANCE No. S, or,.1879.

Aferchant .AShipping.

General.

1. All boats referred to in these regulations must be duly licensed as
therein
directed, and no person shall enga;e or let out for hire any such beat
unless it has been
so licensed.

2. Every person in charge of a licensed boat must show his licence when
required
to do so by any officer of the Police, Registrar General's, or .Harbour
Departments, err
by the employer of suclx boat, each of whom is hereby embowered to board
and examine
such boat.

3. All boats may be stopped and searched .by the Police.

4. Every boat shall go alongside a wharf when ordered to do so by a
Police. cou-
ntable, and shall, when conveying passengers, be carefully steered, and
travel with
reasonable expedition.

li. The Registrar -General is authorised to refuse a licence; or, if a
licence leas been
granted, to withdraw the same and cause it to be forfeited, in -respect
of any boat which
leas been reported to him by the Police not to be as regards repairs and
cleanliness in a
state fit for public use; or for any misconduct an the part of the
licensee, or any of the
crew of the boat. .

(i. 'the licensee of every boat will be held responsible for guy breach
of these r enu..
lotions, and fur any misconduct on the part of himself or- of the crew,
of his boat.

7. No `boat shall lie or lily fur hire within 3j00 feet =of any
ship-of-war without the
written. permission the Harbour Master or of the officer iii command of
such sl1ih_,-of: -
war. 3

$. 'Any ))'reach of these regulations shall be punishable with a penalty
not exceeding
100 dollars, or, in default of payment, with imprisonment not exceeding 3
months; with

ar without herd labour.

Cargo boats.

9. Cargo boat licences shall be issued by the Registrar General on
production of a
certificate from the Harbour Taster or his deputy, stating the
particulars required by
. form k. kereto annexed. A fee of one dollar shall be payable to the
Harbour i4saster
for this certificate. The applicant shall furnish the Registrar, General
with his photo-

ace ir~,~i~,ti~n`e=. 'graph and shall also give such security for his
appearance when required as the Reo;ictr4~.r
ar'~'r`'`.n' rang, ' C~eneral May demand. Each licence shall be numbered,
and shall not he transferable.

~, 10. Each licence shall state the length, breadth, depth, and
deadweight ca.pacitv
Yof the boat, together with the scale of fares, and shall be valid for
one 'Par only, fionx
w t he- Is( April.
11. Every boat for which a licence lags been granted shall carry on each
bow, -and
on its stern, legibly painted upon wood, the number of its licence in
figures ?~ inches
in freight, and no other number. Such number shall not be concealed, and
such boat
shall, between sunset and-sunrise, exhibit a light, visible all round.,
oat less than two
~r zss~^: § 15. feet above the (runwale.
1`?. No boat shall have a false bottonr,, or any other
seeret-compartilient for the'
concealment of 4,-oods or persons.
ORDINANCE No. 8 of 18 1 9.

Merchant Shipping.

1.3. No licensee shall refuse to let his boat, except for solace
reasonable cause.

14. Caroo boats will only be allowed to carry .such passengers as inaay
be in charge
.of -oods or ba-a-a for the conveyance of which the boat is hired, or who
may be
p'equired or may have been required to assist in loading or uliloadin g.

1:5. The following licence fees shall be charged---
Ist class boat, . . . . . . . .800 piculs capacity and upwards, . . . . .
. . . . $-:30.00
2nd Do., under 800 and not less than 4:50 piculs capacity. .10.00
:3rd Do., under 450 and not less than 100 piculs capacity, $ 5.00
4th Do., under 100 piculs capacity, . . . . . . . . , . . .. . . . . , 8.00

IG. 'fhe following table indicates the maxiluum scale of lire fur carwo
boats:-

Per day or night of 12 h(mrs. Per. load.

13.00
2.00
1.00

First class boat $10.00

Second
Third

Fourth',,

..................... , 6.00

.......... : 8.00

1.60

l1aicirzg boats 77lyirr.y.for hireftr passengers only.

-'1~..Lieences.cha.Il be issued by the Registrar G'reneral on production
of arertificate
from an inspector of Police, stating the particulars requited by form I3.
annexed. The

-1'eant must furnish such security for his appearance,wben required, or
for the.
pp
z

production of the boat, as the Registrar General inay demand. Each
licence shall be
-

xllimbered, and shall not be transf®1able.

- 18. No boat shall carry snore than the number of passengers. for which
it. is licensed.' -

19. Licences shall state the length and breadth of the boat, together
with scale of
fares, and shall be valid fur one year only, frog a the 1st July.

20. Every licensed boat shall carry on each bow and on the stern, legibly
painted
upon wood, the number of its licence in figures at leapt 2 inches in
height, and no other
number, and such number shall not be concealed. Such boat shall; between
sunset and
sunrise, exhibit a. ligo-lit at the born, visible all round; and slla,ll
also beep a lighted a>,.,~;.~ t
lantern with the licence number either painted on the glass or cut in on
the fro-Tile in 'g`'' ' z'%
''figures at least `? inches in height, to be produced when demanded.

0I . No person in charge of a boat shall demand more than the flare
provided by, o~a~r7E~r~<~ s
these rules, nor stall he refuse to take a passenger, except for some
reasonable cause, ~d<cnywhere .between the North point of Ilonnkang and
Hunghorn point on the East;

Belcherl!s'Bay and West point of Stone Cutters' .Island on the West;
Shamsbuip6 and
West point. of Stone Cutters' Island on the I1 orth. .

2',:'- The person in cllarae ref the boat shall chew the scale of fares
to anyone deriland-

sun to see it.
ORDINANCE-- No. 8 OF 1879.

Merchant ,Shipping.

2.3. The following licence fees shall be charged in respect of boat
licences :-
For 1st class boats measuring upwards of 40 feet in leno-th, .. , ..
.$10.00

For 2nd
For 3rd
For 4th
For 5th

from 30 to 10 feet in length, ~ 7.00
from `?0 to 30 feet in length, y i.OU
from 12 to NJ feet in length, $ 3.00
less than 1 2 feet in lend th, . . . . . . 8;1.()U

Villaae Boats, .. .... .... .... . . ... .... .... .. .... $ O:uU

21. '.I'lie following table indicates the maximum scale of (lire for
rowin a boats

Fur 1st class boats,
.

For 2nd class boats, ., ... . ... ... ....
For all other boats,

Pei, day qf 12 hours.

Per hour with, two passengers.

All boats, . . . . . . . . . . . . . . . . . . . . . . . ._ . . . . . . .
t . . . . . . . . . . . . . . 20 cents.
half-an hour . 10
Fur each.extra passenger 5 cents for half-an-hour, 10 cents per hour.
Between sunset and sunrise 5 cents extra. per passenger.

Cinder boats, harm boats, laawhers' boats, and marine dealers' boats.

`?5. .Licences shall be issued by the Registrar General on production of
a certificate
from, an inspector of Police, stating the particulars required by furor
C, annexed. The,
applicant must furnish such security fur leis appearance when required,
or for the. pro-
duction of the- boat, as the Re-istra.r General mar demand. Each licence
shall l>'c'
numbered, and shall not be transferable.

C)(i. Licences shall state the length and breadth of the boat, and shall
be valid for,
one 3-ear only, from the 1st July.
.:',7. Every licensed boat shall carry on each bow and on the stern,
legibly painted
iy~oy wood, the number of its licence in figures at least 2 inches in
height, and no otheiy
nii ~aer, and such number shall not be concealed. Such boat shall,
between sunset andi

ura;fuEn:~<. i oe ;8t1nr'x-Se, Fxhhit a light at the how, visible all
round; and shall also keep a lighted lanterzz
ls`'~' ' z.r. wztlz ihe.licence number either pointed on tire Glass or out
in on the frame in figures at
l,ea~t=~-inches in hei-lit, t(-z be produced when demanded.
28'rhe following licence fees shall be charted :--

For 1st class boats measuring upwards of 40 feet in length, . . . . . . .
$5.00

For 2nd ~~ ,frozm 30 to 40 feet in lend th, . . x:3.00
For 3rd ;, from ?0 to 30 feet in length, . . $,?.00

~ `r For 4th 1.00
Fur 5th less than 12 feet in length . . . .0.50
ORDINANCE No. S OF 1879.

Merchant j,'314ppitig.

Form A.

SUTTON 39 OF ORDINANCE 8 OF 1817 9.

VICTORIA,_ I5

Certified that I llnve examined tile cargo boat owned by
__..___.~__
hpplicant for a licence, and that I find the boat is in all respects fit
an(] proper to be
-rmployed in the transmission of cargo.

'cIITficitV, hic111s.

1 UMIAE1`l, AND AGES OF PERSONS ON BOARD.
11IA Lrs. F L.:~zALF.S.

Over 1?. Under 1?. Over

Form B.

SECTIOV 39 OF OR.DINANCT 8 OF 1879.

Class.

`' IC',TVIiIA,

Certified that I have examined tile l.)asenger i.lo,it owned by
wpplicant for a licence; and tLat I find tile boat is in all respects fit
and proper to be

-employed in the conveyance of.

ht sy)ectoro' crrrgo boat,%.

Under I

13reacitlu

passengers.

NUMBER AND AGES OF PERSONS ON 130ARD.

OTALI:S. Fu, MALES.

Over 12. I Ii) der 12. Over 12. Under 12).
- Inspector of Police.
0l'.DI1fANCE 'No. 8` Or,; fv i 9.

Merchant 87cipping.

Form C.
SWIJoN ~:39 oF OUnmAVCE 8 OF 1sN).

(%1185. ^ VI f;'!'oRIA,

Certified that T have eh~mirzeci the * boat owned by

applicant for a licence, and that I find the boat is in all respects fit
and proper to be-
used in that capacity.

Breadth

NUMBER AND, AGES OF PERSONS ON -BOARD.

-1ZALES. ~ FEMALES.

Over 12. L'ndex l2'. ' Over 1~`T ~
~. ~ Lnder 1 ..

g . hasIyector of Police.
'~' State -,i~lzctlret taro boat, etc. _

Orders made ky the Governor in Council, piirsccant to The Here7aant
Shipping , -
.,C'nnsalid'afiorOrdircance,1879,..section 24, and Orrlirzartce No. 35 of
1889,., ` `
on the 11 th Harclr, 1890. [ G'axette tire 15th March, 1890.1

T : 1'ron `and , after the first day of April, 1390, all ships which
enter the waters of-
the'(~uhny ,except British! and foreign chips of war and except such!
other ships h-,.

a'hereb - ex the following,'light due.-, iii substi U

re, y emptod in whole or part, shall pay tion.

.

for ~ the~lght-'dues hitherto imposed; viz.:--
'.Cwa and a half cents ,Per ton.

~. All steamers, plying only between FIonokon~ and Canton or -litacao,
-which
enter the waters of the Colony by day and all Chinese junks, are hereby
exempted
from the payment of such light dues.

3. All steamers, plying only between Hongkong and Canton or Macao, which.
eittex the waters of the Colonv by night, shall pay one cent only per
too. [Amended -.
'>y- U~cler 26th June,, 1890.

.~'~,.egialrctiozz concerning cancelled certificates of competener,/ us
masters, mates,

or engineers ire th.e mrerin e. ~ (Gazette 14th June,
1890.

Pexsonsv;ho once held certificates of competency as masters, mates, or
engineers. ,
N.,

in the Mercantile marine, but who from any cause have had them cancelled
shall as a
rule lie re-examined before they are again allowed to hold a certificate
of the same
1;rade, and upon their passium the examination a new certificate shall be
issued to them
and the old one deatroye(l.

In those exceptional cases where re-examination is dispensed with, the
original

certificate shall be returned.

[,See section. 13 of the Ordinance. j
ORDINANCE No. 8 0p I8?9:

Merchant Shipping.

Order made by the Governor in Council of the 26th June, 1890, (Gazette
28th June, 1890.)

Government Notification No. 101 of the lath March, l.$90, is hereby
amended
that the steamers plying only between Honakona and Canton or Macao, which
enter
the waters of the Colony by night shall pay two-thirds of a cent'per ton:

Regulation for the licensing management and control of boats made
by the Governor in Council the, 19th dart' of Aiagust,1890,. under
the provisions of section 39 of Ordinance 8 of 1879 in
addition to tkose.publashed in the Government Gazette
of the 28th day-of December, 1889. ('fee Gazette
23rd August, 1890.)

WATER BOATS.

Licences for water boats shall be issued by tlke Re-;istrar General upon
the produc-
Lion of a certificate from an inspector of :police stating the
particulars required by form
C annexed to the regulations published in the Government Gazette of the
8th Iaecem-
berg 1889? and, certifying that the said host is fit uud proper to be
used as a water boat.
'fhe applicant mu' such security fur his appearance when required or for
the
production of the boat. the Registrar General may require.

0e licence fees tohe charged for mater boats shall be the same as
provided in
reguh91tian ?8. y.

~To~z~,-~ ;~`ort7ie existing Quarantine Regal ataons, see at foot of
Ordinance No. 9 of .T 888.
`The;following regulations have. either been repealed or superseded :--

Bules and regulations o, f the 6th. May, 1888, made under Ordinunee 4 of
1867 and continued under Ordinance .11-0. 8 of 2879, see Gazette 9th
M4, 1868.
Regulations of the 20th August, 1880, for the control of boats and
boatmen,
see Gazette 21 st of the same month. '
quarantine regulations under section 25 (repealed of the 27th January,
188.1, see Gazette 29th of the same month. :._
Additional regulation under sections 39 and 42 of the' 6th March, 1881,
see
Gazette of same date. .
Quarantine regulations under section 25 (repealed), o f 25th July, 1882,
see
Gazette 29th of the same month.
For boat regulation of 25th July, 1882, see Gazette 29th of the same
month.
Scale of charges for storage of gunpowder of 26th, Hay, 1883, see Gazette
of, the- same date.
Regulatiorirndesection % subsections 3 and 4 0, f' the 11 th June, 1$86,
see

_-eite o

a- f the x2t7i,of same month. .

ulationi ~f the 81st Na , 1887, see Gazette -of the same date.

Ieg

Regulations for the licensing &c., of boats anc? boatmen of 26th August,
1887,
see Gazette o, f ` the 27th of the same month.
1478

Title.
Preamble.
Short title.
Interpretation clause.
1479
No British vessel without an Imperial register, to use the waters of the Colony.
[See Ordinance No. 4 of 1855, sec. 1.]
1480
Chinese Crown lessees entitled to hold Colonial register.
[Ibid, sec. 6.]
Declarations necessary for obtaining register.
[Ibid, sec. 2.]
Documents necessary previous to grant of Colonial register.
[Ibid, sec. 3.]
Surveyor's certificate.
[Ibid, sec. 7.]
1481
Name of Colonial registered ship.
[Ibid, sec. 4.]
Production of Colonial register to Harbour Master every six months.
[Ibid, sec. 5.]
Colonial registers, &c. may be proved by production of originals or copies.
[Ordinance No. 9 of 1856, sec. 2.]
Chinese residents may use the British flag in Colonial registered ships.
[Ibid, sec. 1.]
Change of owner or master.
[Ordinance No. 4 of 1855, sec. 9.]
Colonial registered ships to be subject to Merchant Shipping Acts, & c.
1482
Duration of Colonial register.
[Ibid, sec. 10.]
Consent to prosecution.
Rules as to boats and life buoys.
[M. S. A. 1854, sec. 292.]
[M. S. A. 1873, sec. 15.]
1483
Penalties on masters and owners, &c., neglecting to provide boats and life buoys.
[M. S. A., 1854, sec. 293.]
1484
Harbour Master not to clear ships not complying with the above provisions.
[M. S. A., 1854, sec. 294.]
1485
Equipment of steam-ships.
[ibid, sec. 301.]
Safety valve.
Compasses to be adjusted.
Fire hose.
Signals.
1486
Shelter for deck passengers.
Penalty.
Penalty for improper weight on safety valve.
[Ibid, sec. 302.]
Governor to appoint surveyors, and fix their remuneration.
[Ibid, sec. 305.]
Surveyors to have power ot inspect.
[Ibid, sec. 306.]
1487
Governor to regulate mode of survey.
[Ibid, sec. 307.]
Penalty on surveyors receiving fees.
[Ibid, sec. 308.]
Owner to have survey made by surveyor, and surveyor to give declarations.
[Ibid, sec. 309.]
1489
Transmission of declaration to the Governor.
Penalty for delay.
[Ibid, sec. 310.]
Governor to issue certificate.
[Ibid, sec. 312.]
Issue and transmission of certificates.
[Ibid, sec. 313.]
Fees to be paid for certificate.
[Ibid, sec. 314.]
1490
How long certificates to continue in force.
[Ibid, sec. 315.]
Governor may cancel certificates, and require fresh declarations.
[Ibid, sec. 316.]
Copy of certificate to be placed in conspicuous part of ship.
[Ibid, sec. 317.]
1491
Surveyors to make returns of the build and other particulars of steam ships, and owners and masters to give information for that purpose.
[Ibid, sec. 321.]
Harbour Master may refuse clearances to ship carrying more passengers than allowed by certificate.
Penalty for taking more passengers than allowed by certificate, and also for leaving without a port clearance.
Governor may prohibit conveyance of deck passengers.
This section not to apply to ships or vessels which come under the Chinese Passengers' Act, 1855, &c.
1492
Steam-ships under 50 tons not to carry passengers for hire without licence.
The Harbour Master to issue licences.
Regulations Alteration or repeal of regulations.
Penalty for carrying passengers in excess of the licence.
Penalty for unlicensed steamer arriving with excessive numbers of passengers.
Penalty for plying without a certificated master engineer.
1493
Steamers to exhibit lights.
Offences against regulations.
Licences may be granted to river steamers limiting the number of passengers.
Period during which licences shall be in force.
Penalty for exceeding limit allowed by licences.
Limit of passengers to be carried by steam-ships not holding special licences between Hongkong, Canton and Macao.
1494
[M. S. A. 1876, sec. 6.]
Power to detain unsafe ships, and procedure for such detention.
1495
[M. S. A. 1876, sec. 10.]
Liability of the Governor and ship-owner for costs and damages.
1496
[M. S. A. 1876, sec. 11.]
Power to require from complainant security for costs.
[M. S. A. 1876, sec. 12.]
Supplementary provisions as to detention of ships.
1497
[M. S. A. 1876, sec. 13.]
Application to foreign ships of provisions as to detention.
Sending unseaworthy ship to sea a misdemeanor.
[M. S. A. 1876, sec. 4.]
1498
Restrictions on carriage of dangerous goods.
[M. S. A. 1873, sec. 23.]
[See also Ordinances Nos. 8 of 1873 & 19 of 1890.]
Penalty for misdescription of dangerous goods.
[Ibid, sec. 24.]
1499
Power to refuse to carry goods suspected of being dangerous.
[Ibid, sec. 25.]
Power to throw overboard dangerous goods.
[Ibid, sec. 26.]
Forfeiture of dangerous goods improperly sent.
[Ibid, sec. 27.]
The Court may proceed in absence of the owners.
Saving as to dangerous goods Ordinance.
[Ibid, s. 28.]
[*See Ordinances Nos. 8 of 1873 & 19 of 1890.]
1500
Constitution of Marine Court.
[See Ordinance 11 of 1860, sec. 1.]
[42 and 43 Vic. c. 72, sec. 3 sub-sec. 3.]
Unofficial members of Court to be remunerated.
Case where inquires are to be instituted.
1501
Powers of Court.
Further powers of Court.
[See M. S. A., 1854, sec. 263.]
[M. S. A. 1862, sec. 24.]
[42 and 43 Vic., c. 72, sec. 3, sub-sec. 4.]
1502
[42 and 43 Vic., c. 72, sec 2, sub-sec. 1.]
Rules as to procedure, fees, &c.
[M. S. A. 1876, sec. 30.]
Constitution power and procedure of Court of survey.
[M. S. A. 1876, secs. 7 & 8.]
1503
Rules for procedure of Court of survey, &c. [M. S. A. 1876, sec. 9.]
Court may order payment of costs of any investigation.
Jurisdiction of theVice-Admiralty Court not to be affected.
[M. S. A. 1876, sec. 14.]
1504
[M. S. A. 1854, sec. 131.]
[M. S. A. 154, sec. 132.]
Application to give notice to Harbour Master.
[See Ordinance 17 of 1860.]
Board of Examiners to be appointed.
1505
Constitution of Board.
Harbour Master to summon board and notify applicant.
Fee to be paid by applicant.
Fees to members of board.
Certificate to be given to successful candidates.
Report of result of examination to be made to Board of Trade.
[Ordinance 17 of 1860, sec. 6.]
Masters, mates and engineers to possess certificates.
[Ordinance 1 of 1862, sec. 5.]
1506
No British or Colonial ship to proceed to sea without certificate of the master and mate.
[See M. S. A. 1854, sec. 136.]
Steam-ships to carry certificated engineers.
[See M. S. A. 1862, sec. 5.]
[M. S. A. 1854, section 136. M. S. A. 1862, section 5.]
Shipping of seamen.
[Ordinance 6 of 1852. Sec. 5.]
1507
Master shall give to seaman discharged in Colony certificate of discharged and, if required, an account of wages.
[Ordinance 6 of 1852, sec. 2.]
As to the discharge of seamen.
[Ibid, sec, 5.]
Seamen to be discharged only by permission of Harbour Master, or Consul or Vice-Consul.
[Ordinance No. 1 of 1862, sec. 8.]
As to the establishment and regulation of boarding-houses.
[Ordinance No. 6 of 1852, sec. 6.]
1508
Penalty for keeping an unlicensed boarding-house.
[Ibid, sec. 7.]
Duties of boarding-house keepers with respect to lists, returns, &c., &c. of their inmates.
[Ibid, sec. 8.]
1509
Master, mates and engineers board and lodge elsewhere, than in such houses.
[Ibid, sec. 9.]
No seaman shipped under this Ordinance shall, during the term for which he is shipped, be liable to arrest on civil process, in certain cases.
[Ibid, sec. 10.]
Keepers of licensed boarding-houses for seamen to
1510
furnish Harbour Master with weekly lists of the seamen resident in their houses, and report their state of health.
Diseased seamen to be removed to a hospital.
[Ordinance 10 of 1867, sec. 63.]
Penalty for offering any obstruction to removal to hospital.
[Ibid, sec. 64.]
Masters of ships before shipping seamen may require them to undergo medical inspection.
[Ibid, sec. 65.]
1511
Application of section.
Ships to carry medicines, medical stones, &c. in accordance with scale issued by Board of Trade.
[See M. S. A. 1867, sec. 4.]
Health Officer to approve of line or lemon juice.
Owners neglecting to provide medicines and medical stores to be guilty of misdemeanor.
1512
This section to have the same force as rules made.
[M. S. A. 1867, sec. 6.]
Seamen deserting may be apprehended and put on board the vessels to which they belong.
[Ordinance 4 of 1850, sec. 1.]
Or may be confined in goal.
Ships or houses may be searched for deserters from ships.
[Ibid, sec. 2.]
Penalty on persons harbouring deserters
1513
from ship.
[Ibid, sec. 3.]
Harbour Master or deputy may require, before granting a port clearance to a ship, the master thereof to search for suspected deserters, and to make declaration of such search.
Penalty for not complying with such request.
[Ordinance 6 of 1852, sec. 11.]
Offences of foreign seamen.
[See M. S. A. 1854, sec. 243.]
Act of disobedience.
Continued disobedience.
1514
Combining to disobey.
Expenses by whom payable.
[Ordinance 4 of 1850, sec. 5.]
Deaths, desertions, or removals of seamen, &c. to be reported.
[Ordinance 1 of 1862, sec. 7.]
Penalties for forging of documents, and for false descriptions and statements.
[Ordinance No. 6 of 1852, sec. 12.]
1515
Relief of seamen belonging to vessels registered in this Colony.
[Ordinance 5 of 1869, sec. 1.]
Governor may order payment of expenses incurred in the Colony for relief of such seamen out of monies forming part of general revenue.
[Ordinance 5 of 1869, .s 2.]
Governor may order re-payment of expenses incurred elsewhere than in the Colony in respect of such relief, out of such monies as aforesaid.
[Ordinance 5 of 1869, sec. 3.]
Ships to hoist their numbers.
[Ordinance 1 of 1862 sec. 3.]
1516
Ships to be reported within 24 hours.
[Ibid, sec. 4.]
Ships to be moored where ordered by the Harbour Master, and not removed therefrom without permission.
[Ibid, sec. 9.]
All orders by the Harbor Master to be obeyed.
[Ibid, sec. 10.]
Blue peter to be hoisted and port clearance to be obtained before departure.
[Ibid, sec. 11.]
The governor in Council may make regulations in respect of
1517
vessels arriving from infected places.
Ships arriving having contagious diseases on board to report the same.
[Ibid, sec. 16.]
Ships to remove when ordered.
[Ibid, sec. 17.]
Ships arriving from part where contagious disease is prevalent to report same.
The Governor in Council may make regulations concerning vessels arriving with disease on board.
Regulations to have the force of law when published in the Gazette.
Penalties.
Steaners' fairway to be kept clear.
[Ibid, sec. 18.]
1518
Vessels to exhibit light at night.
[Ibid, sec. 20.]
Precaution to be taken in case of fire.
[ibid, sec. 21.]
Precaution to be taken in case of mutiny.
[Ibid, sec. 22.]
Governor in Council may make rules to prevent accidents in the harbour.
1519
[No. 8 of 1873.]
Prohibiting offences in the harbour of Hongkong.
[Ordinance 14 of 1845, sec. 6.]
Damaging furniture of ship.
Throwing into water goods unlawfully obtained.
Mooring of boats.
[Ibid, sec. 3, sub-secs. 8 & 9.]
1520
Obstruction of harbour by rubbish, &c.
Fire-arms not to be used except in certain cases.
[Ordinance 1 of 1862, s. 14.]
Harbour Master may remove obstructions, &c.
1521
[See Ordinance 14 of 1845, sec. 37.]
Harbour Master may permit moorings to be laid down.
Superintendents and inspectors may board vessels.
[Ordinance 14 of 1845, sec. 7.]
Superintendent, &c. having just cause to suspect felony, may enter on board vessels and take up suspected persons.
[Ibid, sec. 8.]
1522
Any breach of this chapter punishable by fine, &c.
[Ordinance 1 of 1862, sec. 29.]
Interpretation clause.
[Ordinance 17 of 1873, sec. 2.]
Power to erect lighthouses, &c.
[ibid, sec. 3.]
Power to raise necessary funds by public loan.
[Ibid, sec. 4.]
Power to advance funds out of the Colonial Treasury.
[Ibid, sec. 5.]
Light dues.
[Ibid, sec. 6.]
1523
Exemption of men of war.
[Ibid, sec. 7.]
Governor to allow certain exemptions.
[Ibid, sec. 8.]
Tables of light dues to be exhibited at Harbour Master's office.
[See M. S. A. 1854, sec. 399.]
Ship not to be cleared without production of receipt for light dues.
[See M. S. A. 1854, sec. 400.]
Power of distrees for light dues.
[M. S. A. sec. 401.]
Ship's burden to be ascertained by measurement in certain cases.
1524
Penalties.
Penalty for injuring lights, &c.
[M. S. A. 1854, sec. 414.]
Harbour Master may prohibit false lights.
[M. S. A. a854, sec. 415.]
1525
If not obeyed be may abate such lights.
[M. S. A. 1854, sec. 416.]
[No. 8 of 1873.]
Vessels and buildings to be provided for storage of gunpowder.
[Ordinance 4 of 1867, sec. 4.]
To be termed Government depot for the storage of gunpowder.
[Ibid, sec. 5.]
1526
Master of vessel having upwards of two hundred lbs. of powder on board to furnish Harbour Master with particulars immediately.
[Ibid, sec. 6.]
Master of such vessel to take same to specified place and there remain until he have permission to leave.
[Ibid, sec. 7.]
Mode of proceeding when gunpowder is to be exported.
[Ibid, sec. 8.]
Masters having more than two hundred lbs. of gunpowder on board to exhibit a flag, also when transhipping the same.
[Ibid, sec. 9.]
No gunpowder to be transhipped at night.
[Ibid, sec. 10.]
No vessel to anchor within five hundred yards of a Government Depot for storage of gunpowder.
[Ibid, sec. 11.]
1527
No master of a vessel having more than two hundred lbs. of gunpowder on board to anchor within five hundred yards of any other vessel.
[Ibid, sec. 12.]
No person to keep in any house, store, &c. more than fifteen lbs. of gunpowder.
[Ibid, sec. 13.]
Power to Justices to issue warrants to search.
[Ibid, sec. 14.]
Governor in Council empowered to frame rules for carrying out provisions of chapter and to fox charges.
[Ibid, sec. 16.]
Sums how to be paid and if not paid how to be recovered.
[Ibid, sec. 17.]
Trial of offences under this chapter.
[Ibid, sec. 18.]
1528
Ships of war and Government stores excepted.
[Ibid, sec. 19.]
Interpretation of terms: --'Junk.'
[Ordinance 6 of 1866, sec. 2.]
'Licensed Junk.'
'Master.'
Branch stations of the Harbour Master's office.
[Ibid, sec. 4.]
Anchorages for junks.
[Ibid, sec. 5.]
No unlicensed junk to anchor within Colonial waters except at one of the anchorages for junks.
[Ibid, sec. 8.]
Unlicensed junks to anchor in specified place.
[Ibid, sec. 9.]
1529
Report of arrival and particulars to be furnished.
[Ibid, sec 11.]
Anchorage pass.
[Ibid, sec. 12.]
Junks not to remove from anchorage within clearance or special permit.
[Ibid, sec. 13.]
No junk to leave at night.
[Ibid, sec. 14.]
1530
Flag to be hoisted before departure.
[Ibid, sec. 15.]
'Special permit.'
[Ibid, sec. 16.]
Penalty for infraction of subsections 4 and 5.
[Ibid, sec. 17.]
Penalty for infraction of subsection 6.
[Ibid, sec. 18.]
1531
Penalty for infraction of provisions of subsections 8 and 9.
[Ibid, sec. 19.]
Penalty for unlawfully using a licence, pass, clearance, or special permit.
[Ibid, sec. 20.]
Penalty for bringing mendicants into the Colony.
[Ibid, sec. 21.]
Power to board any junk and demand inspection of documents.
[Ibid, sec. 22.]
Trial of offences under this chapter.
[Ibid, sec. 23.]
1532
In case of non-payment of penalty by master, the same may be levied by sale of junk.
[Ibid, sec. 24.]
Transfer to purchaser upon sale of junk.
[Ibid, sec. 25.]
Junk licneces.
[Ibid, sec. 26.]
1533
Penalty for disobeying Harbour Master's orders.
[Ibid, sec. 27.]
Governor in Council empowered to frame rules for carrying out provisions of this Chapter.
[Ibid, sec. 28.]
Fishing boat licences.
[ibid, sec. 29.]
Governor in Council to make regulations for licensing, &c., boats, &c.
1534
Punishment for drowning passengers in overcrowded boats.
[7 and 8 Geo. 4, sec. 28.]
[Local and personal.]
Ships to be marked with deck and load lines.
[M. S. A. 1876, sections 25, 26.]
1535
[39 and 40 Vic., Cap. 80, sec. 22.]
1536
[M. S. A. 1854 sec. 518.]
Service of order on master, &c.
[M. S. A. 1876 sec. 35.]
1537
Enforcing detention of ship.
[M. S. A. 1876, sec. 34.]
General power the Governor in Council to make regulations.
And to impose penalties.
Provisions as to rules, &c. made by Governor in Council.
[M. S. A. 1876, sec. 38.]
1538
Recovery of penalties and expenses.
Forgery.
Fees payable under this Ordinance and under [M. S. A. 1854.]
1539
Fees to be paid into the Colonial Treasury.
Abstract of Ordinance to be given to master of every vessel.
Repealing clause.
1540
Suspending clause.
1558
Ordinance 1 of 1862. s15.
See Regulations 4th March, 1881.
See Ordinance 1 of 1862. s15.
1559
Ordinance 1 of 1862. s15.
Ordinance 8 of 1858. s17.
1560
Ordinance 1 of 1862. s15.

1478

Title.
Preamble.
Short title.
Interpretation clause.
1479
No British vessel without an Imperial register, to use the waters of the Colony.
[See Ordinance No. 4 of 1855, sec. 1.]
1480
Chinese Crown lessees entitled to hold Colonial register.
[Ibid, sec. 6.]
Declarations necessary for obtaining register.
[Ibid, sec. 2.]
Documents necessary previous to grant of Colonial register.
[Ibid, sec. 3.]
Surveyor's certificate.
[Ibid, sec. 7.]
1481
Name of Colonial registered ship.
[Ibid, sec. 4.]
Production of Colonial register to Harbour Master every six months.
[Ibid, sec. 5.]
Colonial registers, &c. may be proved by production of originals or copies.
[Ordinance No. 9 of 1856, sec. 2.]
Chinese residents may use the British flag in Colonial registered ships.
[Ibid, sec. 1.]
Change of owner or master.
[Ordinance No. 4 of 1855, sec. 9.]
Colonial registered ships to be subject to Merchant Shipping Acts, & c.
1482
Duration of Colonial register.
[Ibid, sec. 10.]
Consent to prosecution.
Rules as to boats and life buoys.
[M. S. A. 1854, sec. 292.]
[M. S. A. 1873, sec. 15.]
1483
Penalties on masters and owners, &c., neglecting to provide boats and life buoys.
[M. S. A., 1854, sec. 293.]
1484
Harbour Master not to clear ships not complying with the above provisions.
[M. S. A., 1854, sec. 294.]
1485
Equipment of steam-ships.
[ibid, sec. 301.]
Safety valve.
Compasses to be adjusted.
Fire hose.
Signals.
1486
Shelter for deck passengers.
Penalty.
Penalty for improper weight on safety valve.
[Ibid, sec. 302.]
Governor to appoint surveyors, and fix their remuneration.
[Ibid, sec. 305.]
Surveyors to have power ot inspect.
[Ibid, sec. 306.]
1487
Governor to regulate mode of survey.
[Ibid, sec. 307.]
Penalty on surveyors receiving fees.
[Ibid, sec. 308.]
Owner to have survey made by surveyor, and surveyor to give declarations.
[Ibid, sec. 309.]
1489
Transmission of declaration to the Governor.
Penalty for delay.
[Ibid, sec. 310.]
Governor to issue certificate.
[Ibid, sec. 312.]
Issue and transmission of certificates.
[Ibid, sec. 313.]
Fees to be paid for certificate.
[Ibid, sec. 314.]
1490
How long certificates to continue in force.
[Ibid, sec. 315.]
Governor may cancel certificates, and require fresh declarations.
[Ibid, sec. 316.]
Copy of certificate to be placed in conspicuous part of ship.
[Ibid, sec. 317.]
1491
Surveyors to make returns of the build and other particulars of steam ships, and owners and masters to give information for that purpose.
[Ibid, sec. 321.]
Harbour Master may refuse clearances to ship carrying more passengers than allowed by certificate.
Penalty for taking more passengers than allowed by certificate, and also for leaving without a port clearance.
Governor may prohibit conveyance of deck passengers.
This section not to apply to ships or vessels which come under the Chinese Passengers' Act, 1855, &c.
1492
Steam-ships under 50 tons not to carry passengers for hire without licence.
The Harbour Master to issue licences.
Regulations Alteration or repeal of regulations.
Penalty for carrying passengers in excess of the licence.
Penalty for unlicensed steamer arriving with excessive numbers of passengers.
Penalty for plying without a certificated master engineer.
1493
Steamers to exhibit lights.
Offences against regulations.
Licences may be granted to river steamers limiting the number of passengers.
Period during which licences shall be in force.
Penalty for exceeding limit allowed by licences.
Limit of passengers to be carried by steam-ships not holding special licences between Hongkong, Canton and Macao.
1494
[M. S. A. 1876, sec. 6.]
Power to detain unsafe ships, and procedure for such detention.
1495
[M. S. A. 1876, sec. 10.]
Liability of the Governor and ship-owner for costs and damages.
1496
[M. S. A. 1876, sec. 11.]
Power to require from complainant security for costs.
[M. S. A. 1876, sec. 12.]
Supplementary provisions as to detention of ships.
1497
[M. S. A. 1876, sec. 13.]
Application to foreign ships of provisions as to detention.
Sending unseaworthy ship to sea a misdemeanor.
[M. S. A. 1876, sec. 4.]
1498
Restrictions on carriage of dangerous goods.
[M. S. A. 1873, sec. 23.]
[See also Ordinances Nos. 8 of 1873 & 19 of 1890.]
Penalty for misdescription of dangerous goods.
[Ibid, sec. 24.]
1499
Power to refuse to carry goods suspected of being dangerous.
[Ibid, sec. 25.]
Power to throw overboard dangerous goods.
[Ibid, sec. 26.]
Forfeiture of dangerous goods improperly sent.
[Ibid, sec. 27.]
The Court may proceed in absence of the owners.
Saving as to dangerous goods Ordinance.
[Ibid, s. 28.]
[*See Ordinances Nos. 8 of 1873 & 19 of 1890.]
1500
Constitution of Marine Court.
[See Ordinance 11 of 1860, sec. 1.]
[42 and 43 Vic. c. 72, sec. 3 sub-sec. 3.]
Unofficial members of Court to be remunerated.
Case where inquires are to be instituted.
1501
Powers of Court.
Further powers of Court.
[See M. S. A., 1854, sec. 263.]
[M. S. A. 1862, sec. 24.]
[42 and 43 Vic., c. 72, sec. 3, sub-sec. 4.]
1502
[42 and 43 Vic., c. 72, sec 2, sub-sec. 1.]
Rules as to procedure, fees, &c.
[M. S. A. 1876, sec. 30.]
Constitution power and procedure of Court of survey.
[M. S. A. 1876, secs. 7 & 8.]
1503
Rules for procedure of Court of survey, &c. [M. S. A. 1876, sec. 9.]
Court may order payment of costs of any investigation.
Jurisdiction of theVice-Admiralty Court not to be affected.
[M. S. A. 1876, sec. 14.]
1504
[M. S. A. 1854, sec. 131.]
[M. S. A. 154, sec. 132.]
Application to give notice to Harbour Master.
[See Ordinance 17 of 1860.]
Board of Examiners to be appointed.
1505
Constitution of Board.
Harbour Master to summon board and notify applicant.
Fee to be paid by applicant.
Fees to members of board.
Certificate to be given to successful candidates.
Report of result of examination to be made to Board of Trade.
[Ordinance 17 of 1860, sec. 6.]
Masters, mates and engineers to possess certificates.
[Ordinance 1 of 1862, sec. 5.]
1506
No British or Colonial ship to proceed to sea without certificate of the master and mate.
[See M. S. A. 1854, sec. 136.]
Steam-ships to carry certificated engineers.
[See M. S. A. 1862, sec. 5.]
[M. S. A. 1854, section 136. M. S. A. 1862, section 5.]
Shipping of seamen.
[Ordinance 6 of 1852. Sec. 5.]
1507
Master shall give to seaman discharged in Colony certificate of discharged and, if required, an account of wages.
[Ordinance 6 of 1852, sec. 2.]
As to the discharge of seamen.
[Ibid, sec, 5.]
Seamen to be discharged only by permission of Harbour Master, or Consul or Vice-Consul.
[Ordinance No. 1 of 1862, sec. 8.]
As to the establishment and regulation of boarding-houses.
[Ordinance No. 6 of 1852, sec. 6.]
1508
Penalty for keeping an unlicensed boarding-house.
[Ibid, sec. 7.]
Duties of boarding-house keepers with respect to lists, returns, &c., &c. of their inmates.
[Ibid, sec. 8.]
1509
Master, mates and engineers board and lodge elsewhere, than in such houses.
[Ibid, sec. 9.]
No seaman shipped under this Ordinance shall, during the term for which he is shipped, be liable to arrest on civil process, in certain cases.
[Ibid, sec. 10.]
Keepers of licensed boarding-houses for seamen to
1510
furnish Harbour Master with weekly lists of the seamen resident in their houses, and report their state of health.
Diseased seamen to be removed to a hospital.
[Ordinance 10 of 1867, sec. 63.]
Penalty for offering any obstruction to removal to hospital.
[Ibid, sec. 64.]
Masters of ships before shipping seamen may require them to undergo medical inspection.
[Ibid, sec. 65.]
1511
Application of section.
Ships to carry medicines, medical stones, &c. in accordance with scale issued by Board of Trade.
[See M. S. A. 1867, sec. 4.]
Health Officer to approve of line or lemon juice.
Owners neglecting to provide medicines and medical stores to be guilty of misdemeanor.
1512
This section to have the same force as rules made.
[M. S. A. 1867, sec. 6.]
Seamen deserting may be apprehended and put on board the vessels to which they belong.
[Ordinance 4 of 1850, sec. 1.]
Or may be confined in goal.
Ships or houses may be searched for deserters from ships.
[Ibid, sec. 2.]
Penalty on persons harbouring deserters
1513
from ship.
[Ibid, sec. 3.]
Harbour Master or deputy may require, before granting a port clearance to a ship, the master thereof to search for suspected deserters, and to make declaration of such search.
Penalty for not complying with such request.
[Ordinance 6 of 1852, sec. 11.]
Offences of foreign seamen.
[See M. S. A. 1854, sec. 243.]
Act of disobedience.
Continued disobedience.
1514
Combining to disobey.
Expenses by whom payable.
[Ordinance 4 of 1850, sec. 5.]
Deaths, desertions, or removals of seamen, &c. to be reported.
[Ordinance 1 of 1862, sec. 7.]
Penalties for forging of documents, and for false descriptions and statements.
[Ordinance No. 6 of 1852, sec. 12.]
1515
Relief of seamen belonging to vessels registered in this Colony.
[Ordinance 5 of 1869, sec. 1.]
Governor may order payment of expenses incurred in the Colony for relief of such seamen out of monies forming part of general revenue.
[Ordinance 5 of 1869, .s 2.]
Governor may order re-payment of expenses incurred elsewhere than in the Colony in respect of such relief, out of such monies as aforesaid.
[Ordinance 5 of 1869, sec. 3.]
Ships to hoist their numbers.
[Ordinance 1 of 1862 sec. 3.]
1516
Ships to be reported within 24 hours.
[Ibid, sec. 4.]
Ships to be moored where ordered by the Harbour Master, and not removed therefrom without permission.
[Ibid, sec. 9.]
All orders by the Harbor Master to be obeyed.
[Ibid, sec. 10.]
Blue peter to be hoisted and port clearance to be obtained before departure.
[Ibid, sec. 11.]
The governor in Council may make regulations in respect of
1517
vessels arriving from infected places.
Ships arriving having contagious diseases on board to report the same.
[Ibid, sec. 16.]
Ships to remove when ordered.
[Ibid, sec. 17.]
Ships arriving from part where contagious disease is prevalent to report same.
The Governor in Council may make regulations concerning vessels arriving with disease on board.
Regulations to have the force of law when published in the Gazette.
Penalties.
Steaners' fairway to be kept clear.
[Ibid, sec. 18.]
1518
Vessels to exhibit light at night.
[Ibid, sec. 20.]
Precaution to be taken in case of fire.
[ibid, sec. 21.]
Precaution to be taken in case of mutiny.
[Ibid, sec. 22.]
Governor in Council may make rules to prevent accidents in the harbour.
1519
[No. 8 of 1873.]
Prohibiting offences in the harbour of Hongkong.
[Ordinance 14 of 1845, sec. 6.]
Damaging furniture of ship.
Throwing into water goods unlawfully obtained.
Mooring of boats.
[Ibid, sec. 3, sub-secs. 8 & 9.]
1520
Obstruction of harbour by rubbish, &c.
Fire-arms not to be used except in certain cases.
[Ordinance 1 of 1862, s. 14.]
Harbour Master may remove obstructions, &c.
1521
[See Ordinance 14 of 1845, sec. 37.]
Harbour Master may permit moorings to be laid down.
Superintendents and inspectors may board vessels.
[Ordinance 14 of 1845, sec. 7.]
Superintendent, &c. having just cause to suspect felony, may enter on board vessels and take up suspected persons.
[Ibid, sec. 8.]
1522
Any breach of this chapter punishable by fine, &c.
[Ordinance 1 of 1862, sec. 29.]
Interpretation clause.
[Ordinance 17 of 1873, sec. 2.]
Power to erect lighthouses, &c.
[ibid, sec. 3.]
Power to raise necessary funds by public loan.
[Ibid, sec. 4.]
Power to advance funds out of the Colonial Treasury.
[Ibid, sec. 5.]
Light dues.
[Ibid, sec. 6.]
1523
Exemption of men of war.
[Ibid, sec. 7.]
Governor to allow certain exemptions.
[Ibid, sec. 8.]
Tables of light dues to be exhibited at Harbour Master's office.
[See M. S. A. 1854, sec. 399.]
Ship not to be cleared without production of receipt for light dues.
[See M. S. A. 1854, sec. 400.]
Power of distrees for light dues.
[M. S. A. sec. 401.]
Ship's burden to be ascertained by measurement in certain cases.
1524
Penalties.
Penalty for injuring lights, &c.
[M. S. A. 1854, sec. 414.]
Harbour Master may prohibit false lights.
[M. S. A. a854, sec. 415.]
1525
If not obeyed be may abate such lights.
[M. S. A. 1854, sec. 416.]
[No. 8 of 1873.]
Vessels and buildings to be provided for storage of gunpowder.
[Ordinance 4 of 1867, sec. 4.]
To be termed Government depot for the storage of gunpowder.
[Ibid, sec. 5.]
1526
Master of vessel having upwards of two hundred lbs. of powder on board to furnish Harbour Master with particulars immediately.
[Ibid, sec. 6.]
Master of such vessel to take same to specified place and there remain until he have permission to leave.
[Ibid, sec. 7.]
Mode of proceeding when gunpowder is to be exported.
[Ibid, sec. 8.]
Masters having more than two hundred lbs. of gunpowder on board to exhibit a flag, also when transhipping the same.
[Ibid, sec. 9.]
No gunpowder to be transhipped at night.
[Ibid, sec. 10.]
No vessel to anchor within five hundred yards of a Government Depot for storage of gunpowder.
[Ibid, sec. 11.]
1527
No master of a vessel having more than two hundred lbs. of gunpowder on board to anchor within five hundred yards of any other vessel.
[Ibid, sec. 12.]
No person to keep in any house, store, &c. more than fifteen lbs. of gunpowder.
[Ibid, sec. 13.]
Power to Justices to issue warrants to search.
[Ibid, sec. 14.]
Governor in Council empowered to frame rules for carrying out provisions of chapter and to fox charges.
[Ibid, sec. 16.]
Sums how to be paid and if not paid how to be recovered.
[Ibid, sec. 17.]
Trial of offences under this chapter.
[Ibid, sec. 18.]
1528
Ships of war and Government stores excepted.
[Ibid, sec. 19.]
Interpretation of terms: --'Junk.'
[Ordinance 6 of 1866, sec. 2.]
'Licensed Junk.'
'Master.'
Branch stations of the Harbour Master's office.
[Ibid, sec. 4.]
Anchorages for junks.
[Ibid, sec. 5.]
No unlicensed junk to anchor within Colonial waters except at one of the anchorages for junks.
[Ibid, sec. 8.]
Unlicensed junks to anchor in specified place.
[Ibid, sec. 9.]
1529
Report of arrival and particulars to be furnished.
[Ibid, sec 11.]
Anchorage pass.
[Ibid, sec. 12.]
Junks not to remove from anchorage within clearance or special permit.
[Ibid, sec. 13.]
No junk to leave at night.
[Ibid, sec. 14.]
1530
Flag to be hoisted before departure.
[Ibid, sec. 15.]
'Special permit.'
[Ibid, sec. 16.]
Penalty for infraction of subsections 4 and 5.
[Ibid, sec. 17.]
Penalty for infraction of subsection 6.
[Ibid, sec. 18.]
1531
Penalty for infraction of provisions of subsections 8 and 9.
[Ibid, sec. 19.]
Penalty for unlawfully using a licence, pass, clearance, or special permit.
[Ibid, sec. 20.]
Penalty for bringing mendicants into the Colony.
[Ibid, sec. 21.]
Power to board any junk and demand inspection of documents.
[Ibid, sec. 22.]
Trial of offences under this chapter.
[Ibid, sec. 23.]
1532
In case of non-payment of penalty by master, the same may be levied by sale of junk.
[Ibid, sec. 24.]
Transfer to purchaser upon sale of junk.
[Ibid, sec. 25.]
Junk licneces.
[Ibid, sec. 26.]
1533
Penalty for disobeying Harbour Master's orders.
[Ibid, sec. 27.]
Governor in Council empowered to frame rules for carrying out provisions of this Chapter.
[Ibid, sec. 28.]
Fishing boat licences.
[ibid, sec. 29.]
Governor in Council to make regulations for licensing, &c., boats, &c.
1534
Punishment for drowning passengers in overcrowded boats.
[7 and 8 Geo. 4, sec. 28.]
[Local and personal.]
Ships to be marked with deck and load lines.
[M. S. A. 1876, sections 25, 26.]
1535
[39 and 40 Vic., Cap. 80, sec. 22.]
1536
[M. S. A. 1854 sec. 518.]
Service of order on master, &c.
[M. S. A. 1876 sec. 35.]
1537
Enforcing detention of ship.
[M. S. A. 1876, sec. 34.]
General power the Governor in Council to make regulations.
And to impose penalties.
Provisions as to rules, &c. made by Governor in Council.
[M. S. A. 1876, sec. 38.]
1538
Recovery of penalties and expenses.
Forgery.
Fees payable under this Ordinance and under [M. S. A. 1854.]
1539
Fees to be paid into the Colonial Treasury.
Abstract of Ordinance to be given to master of every vessel.
Repealing clause.
1540
Suspending clause.
1558
Ordinance 1 of 1862. s15.
See Regulations 4th March, 1881.
See Ordinance 1 of 1862. s15.
1559
Ordinance 1 of 1862. s15.
Ordinance 8 of 1858. s17.
1560
Ordinance 1 of 1862. s15.

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1890

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No. 8 of 1879

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