DESERTION OF SEAMEN ORDINANCE
Title
DESERTION OF SEAMEN ORDINANCE
Description
Desertion of Seamen.
No. 4 of 1850.
An Ordinance to prevent the Desertion of Seamen belonging to Foreign
Ships and Vessels.
[17th December, 1850.]
'WHEREAS ships and vessels belonging to foreign States from time to time
visit
YY the harbours and roadsteads of Hongkong; and the desertion of seamen
from
such ships and vessels while in the said harbours and roadsteads has been
productive of
much inconvenience and mischief to such ships and vessels:-
1. Be it therefore enacted and ordained by His Excellency the Governor of
Hong-
kolig, with the advice of the Legislative Council thereof, that if any
seaman belonging
to the crew of any foreign ship or vessel shall desert therefrom, or
otherwise abscond,
or absent himself from his duty while such,ship or vessel is lying within
any harbour
.or xo.&dstead.of-Hongkong, it shall and may be lavdful for any constable, or for the master
TXpeh9aB, by
whom payable.
ORDINANCE No. 4 of 1850.
Desertion of Seamen.
or person in charge of the ship, or for any one specially deputed by such
master or
person in charge, to arrest such seaman without warrant and convey him
before a
Justice of the Peace; and in case such seaman shall refuse to return to
his duty on
board the said ship or vessel, or shall not give a sufficient reason for
such refusal, the
Justice may order such seaman to be put forcibly on board the ship or
vessel toovhich
Or maybeeon- he may belong; or to be confined in any gaol or other place
of security within the amid
fined fn gaol.
Colony, for any period until he can be put on board his ship at her
departure from the
port, or until he shall be demanded by the master of the ship or by the
Consul of the
country to which such ship may belong. Provided always that the said
period of con-
finement shall not, in the absence of such departure or demand, exceed
three calendar
months.
2. And be it further enacted and ordained, that it shall be lawful for
any Justice
or Justices of the Peace, upon complaint of the master of such ship or
vessel, that he
has reasonable cause to believe that any runaway seaman or seamen
belonging to the
crew of any such ship or vessel, is or are harboured, secreted, or
concealed, or suspected
to be harboured, secreted, or concealed on board any other ship, boat, or
other vessel,
or in any, house or place whatsoever, to issue a warrant directing some
constable or
constables to search such ship, boat, or other vessel, or such house or
place, and such
seaman or seamen to lodge in any or the nearest watch-house, and every
such seaman
or seamen shall, with all convenient speed, be brought before some
Justice or Justices
of the Peace, to be dealt with as is hereinbefore directed with respect
to seamen
apprehended for desertion, absconding, or absence from duty.
3. And be it further enacted and ordained, that if any person whatsoever
shall
harbour, conceal, employ, or retain, or assist in harbouring, concealing,
einployink, ot
retaining any seaman belonging to the crew of any foreign ship or vessel,
who shall
have deserted therefrom or otherwise absconded, or absented himself from
duty, while
such ship or vessel is lying within any harbour or roadstead in Hongkong,
knowing such
seaman to have deserted, absconded, or absented himself from duty, or
shall cause,
induce, or persuade, or endeavour to cause, induce, or persuade any such
seaman, in
any manner whatsoever to violate or to attempt or endeavour to violate
any agreement
w13iih he lay hake entered into to serve on board any such ship or
vessel, or shall
knowingly connive at the desertion, absconding, or absence from duty o
any each
aeatian, such person so offending shall for every such offence, upon
conviction thereof,
forfeit and pay a penalty or skim not exceeding one hundred dollars; or
in case of izon.
payment- thereof, it shall be lawful for any Justice or Justices of the'
Peace to commit
the person so offending to any of Her majesty's gaols, for any term not
exceeding one
calendar month.
Recovery of 4. And be it further enacted and ordained, that any penalty
sued for under this
pehaltTe's.
Ordinance shall be recovered summarily before any one Justice of the
Peace.
$, And be it further enacted and ordained, that all expenses incidental
to the
apprehension, confinement, and removal of any seaman, under and by virtue
of a-rly of
the powers and authorities conferred by this Ordinance, shall be paid by
the master of
9Nipb or #oaees
may be searched
fAiwiters
or,
=froill
261110
Penalty on
persons harbour-
ing deserters
from foreign
Vessels.
Ordinance No. 4 of 1850.
Desertion of Seamen.
the ship to which such seaman may belong, and be recoverable from him at
the suit of
the Superintendent of Police, as a debt due to the Government of this
Colony; and
the subsistence money for every si:ch seaman confined in gaol shall be
paid weekly in
advance to the keeper of the gaol, and in default of such payment, the
gaoler may release
such sgaman.
6. And be it further enacted and ordained, that at the requisition of the
Consul
resident at Hongkong, of any Foreign Nation, it shall be lawful for the
Governor of the
said Colony to suspend the operation of this Ordinance in regard to the
ships of that
Nation, for so long a period as such Consul may require or the said
Governor may think
fit; and that on like requisition it shall and may be lawful for the said
Governor, if he
deem it fit, to cause any pending proceeding or case under this Ordinance
to be dis-
continued and abated.
[Repealed by Ordinance No. 8 of 1879.]
243
Title.
Preamble.
[Extended to British seamen and vessels within the harbour by Ordinance No. 6 of 1852.]
Foreign seamen deserting may be apprehended and put on board the vessels to which they belong.
Or may be confined in gaol.
Ships or houses may be searched for deserters from foreign vessels.
Penalty on persons harbouring deserters from foreign vessels.
Recovery of penalties.
Expenses, by whom payable.
245
At the requisition fo foreign Consuls, operation of this Ordinance may be suspended.
No. 4 of 1850.
An Ordinance to prevent the Desertion of Seamen belonging to Foreign
Ships and Vessels.
[17th December, 1850.]
'WHEREAS ships and vessels belonging to foreign States from time to time
visit
YY the harbours and roadsteads of Hongkong; and the desertion of seamen
from
such ships and vessels while in the said harbours and roadsteads has been
productive of
much inconvenience and mischief to such ships and vessels:-
1. Be it therefore enacted and ordained by His Excellency the Governor of
Hong-
kolig, with the advice of the Legislative Council thereof, that if any
seaman belonging
to the crew of any foreign ship or vessel shall desert therefrom, or
otherwise abscond,
or absent himself from his duty while such,ship or vessel is lying within
any harbour
.or xo.&dstead.of-Hongkong, it shall and may be lavdful for any constable, or for the master
TXpeh9aB, by
whom payable.
ORDINANCE No. 4 of 1850.
Desertion of Seamen.
or person in charge of the ship, or for any one specially deputed by such
master or
person in charge, to arrest such seaman without warrant and convey him
before a
Justice of the Peace; and in case such seaman shall refuse to return to
his duty on
board the said ship or vessel, or shall not give a sufficient reason for
such refusal, the
Justice may order such seaman to be put forcibly on board the ship or
vessel toovhich
Or maybeeon- he may belong; or to be confined in any gaol or other place
of security within the amid
fined fn gaol.
Colony, for any period until he can be put on board his ship at her
departure from the
port, or until he shall be demanded by the master of the ship or by the
Consul of the
country to which such ship may belong. Provided always that the said
period of con-
finement shall not, in the absence of such departure or demand, exceed
three calendar
months.
2. And be it further enacted and ordained, that it shall be lawful for
any Justice
or Justices of the Peace, upon complaint of the master of such ship or
vessel, that he
has reasonable cause to believe that any runaway seaman or seamen
belonging to the
crew of any such ship or vessel, is or are harboured, secreted, or
concealed, or suspected
to be harboured, secreted, or concealed on board any other ship, boat, or
other vessel,
or in any, house or place whatsoever, to issue a warrant directing some
constable or
constables to search such ship, boat, or other vessel, or such house or
place, and such
seaman or seamen to lodge in any or the nearest watch-house, and every
such seaman
or seamen shall, with all convenient speed, be brought before some
Justice or Justices
of the Peace, to be dealt with as is hereinbefore directed with respect
to seamen
apprehended for desertion, absconding, or absence from duty.
3. And be it further enacted and ordained, that if any person whatsoever
shall
harbour, conceal, employ, or retain, or assist in harbouring, concealing,
einployink, ot
retaining any seaman belonging to the crew of any foreign ship or vessel,
who shall
have deserted therefrom or otherwise absconded, or absented himself from
duty, while
such ship or vessel is lying within any harbour or roadstead in Hongkong,
knowing such
seaman to have deserted, absconded, or absented himself from duty, or
shall cause,
induce, or persuade, or endeavour to cause, induce, or persuade any such
seaman, in
any manner whatsoever to violate or to attempt or endeavour to violate
any agreement
w13iih he lay hake entered into to serve on board any such ship or
vessel, or shall
knowingly connive at the desertion, absconding, or absence from duty o
any each
aeatian, such person so offending shall for every such offence, upon
conviction thereof,
forfeit and pay a penalty or skim not exceeding one hundred dollars; or
in case of izon.
payment- thereof, it shall be lawful for any Justice or Justices of the'
Peace to commit
the person so offending to any of Her majesty's gaols, for any term not
exceeding one
calendar month.
Recovery of 4. And be it further enacted and ordained, that any penalty
sued for under this
pehaltTe's.
Ordinance shall be recovered summarily before any one Justice of the
Peace.
$, And be it further enacted and ordained, that all expenses incidental
to the
apprehension, confinement, and removal of any seaman, under and by virtue
of a-rly of
the powers and authorities conferred by this Ordinance, shall be paid by
the master of
9Nipb or #oaees
may be searched
fAiwiters
or,
=froill
261110
Penalty on
persons harbour-
ing deserters
from foreign
Vessels.
Ordinance No. 4 of 1850.
Desertion of Seamen.
the ship to which such seaman may belong, and be recoverable from him at
the suit of
the Superintendent of Police, as a debt due to the Government of this
Colony; and
the subsistence money for every si:ch seaman confined in gaol shall be
paid weekly in
advance to the keeper of the gaol, and in default of such payment, the
gaoler may release
such sgaman.
6. And be it further enacted and ordained, that at the requisition of the
Consul
resident at Hongkong, of any Foreign Nation, it shall be lawful for the
Governor of the
said Colony to suspend the operation of this Ordinance in regard to the
ships of that
Nation, for so long a period as such Consul may require or the said
Governor may think
fit; and that on like requisition it shall and may be lawful for the said
Governor, if he
deem it fit, to cause any pending proceeding or case under this Ordinance
to be dis-
continued and abated.
[Repealed by Ordinance No. 8 of 1879.]
243
Title.
Preamble.
[Extended to British seamen and vessels within the harbour by Ordinance No. 6 of 1852.]
Foreign seamen deserting may be apprehended and put on board the vessels to which they belong.
Or may be confined in gaol.
Ships or houses may be searched for deserters from foreign vessels.
Penalty on persons harbouring deserters from foreign vessels.
Recovery of penalties.
Expenses, by whom payable.
245
At the requisition fo foreign Consuls, operation of this Ordinance may be suspended.
Abstract
243
Title.
Preamble.
[Extended to British seamen and vessels within the harbour by Ordinance No. 6 of 1852.]
Foreign seamen deserting may be apprehended and put on board the vessels to which they belong.
Or may be confined in gaol.
Ships or houses may be searched for deserters from foreign vessels.
Penalty on persons harbouring deserters from foreign vessels.
Recovery of penalties.
Expenses, by whom payable.
245
At the requisition fo foreign Consuls, operation of this Ordinance may be suspended.
Title.
Preamble.
[Extended to British seamen and vessels within the harbour by Ordinance No. 6 of 1852.]
Foreign seamen deserting may be apprehended and put on board the vessels to which they belong.
Or may be confined in gaol.
Ships or houses may be searched for deserters from foreign vessels.
Penalty on persons harbouring deserters from foreign vessels.
Recovery of penalties.
Expenses, by whom payable.
245
At the requisition fo foreign Consuls, operation of this Ordinance may be suspended.
Identifier
https://oelawhk.lib.hku.hk/items/show/64
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 4 of 1850
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“DESERTION OF SEAMEN ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 17, 2024, https://oelawhk.lib.hku.hk/items/show/64.
