MERCHANT SHIPPING ORDINANCE, 1899

MERCHANT SHIPPING ORDINANCE, 1899

ORDINANCE No.10 OF 1899.

Merchant Shipping

N.B.-This Ordinance is not yet in operation.
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.
[,190.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
Preliminary Provisions.
1.This Ordinance may be cited as the Merchant Shipping Ordinance,
1899.
2.In this Ordinance,and in any rule ,regulation,by-law,or Order-
in-Council made thereunder,unless the context otherwise requires,-
'Stipendiary Magistrate' means and includes any Police Magis-
trate of the Colony and the Marine Magistrate:
'Master' includes every person (except a pilot) having command
or charge of any ship:
'Seaman' includes every person (except masters,pilots,and
apprentices duly indentured and registered) employed or engaged
in any capacity on board any ship:
'Vessel' includes any ship or boat or any other description of
vessel used in navigation:
'Ship' includes any description of vessel used in navigation not
propelled by oars,exceot junks or lorchas not propelled by steam: 'Junk' includes 'Lorcha' and any sea-going sailing vessel of
Chinese or other Asiatic build ,construction,and rig:
'Lorcha' includes any sea-going sailing vessel of European build
and construction,but of Chinese or other Asiatic rig,or of Chinese
or other Asiatic build and construction,but of European rig:
'Steamship' means any vessel propelled by steam:
'Colonial ship' means and includes every ship provided with a
Certificate of Colonial Registry under Part I:
'Rier steamer' means any steamship,exceeding sixty tons register,
having a passenger certificate under section 10(10.) and regularly
plying between the Colony and any port or place on the Canton
River,or the West River,or any river or rivers in the interior of
the Kwangtung Province,or Macao:
'Passenger' includes any person carried in a ship,other than the
master and crew,and the owner,his family and servants:
'Tons' and 'Tonnage' mean tons and tonnage as calculated
according the British measurement of registered tonnage:
'The waters of the Colony' mean the navigable waters within
the jurisdiction of the Government of this Colony:
'Local trade limits' mean the waters surrounding the Island of
Hongkong within the following boundaries,namely,-
On the East.-A north and south line drawn through the
Fowtomoon Pass;
On the West.-A north and south line drawn through the Cap-
suimoon Pass;and
On the South.-An east and west line drawn throught the cente
of Lorchau or Beaufort Island,and continued until it meets
the East and West boundaries:
'Harbour limits' mean the waters of the Colony within the follow-
ing boundaries,namely,-
On the East.-A line drawn from 'North Point' on the Island
of Hongkong to Kowloon City;and
On the West.-A line drawn from the westernmost point of the
Island of Hongkong to the western side of Green Island,con-
tinued to the western point of Stonecutters' Island,thence to
the north point of Stonecutters' Island,and thence to the
Harbour Master's Station at Samshuipo:
'Port of the Colony' means such place inthe waters of the Colony
as the Governor may declare,by notification in The Gazette,to be
a port of the Colony:
'The Harbour Master' includes any person deputed or authorized
by teh harbour Master to execute any power or perform any duty
vested in or imposed upon him by this Ordinance.
PART I.
REGISTRY.
3.-(1.)Every ship trading in or from the waters of the Colony
must be provided with either-
(a.)a Certificate of Registry in conformity with the Imperial
Merchant Shipping Acts;or
(b.)a Certificate of Colonial Registry under this Part;or
(c.)a Certificate of Foreign Registry or other document similar or
equivalent to that required in the case of a British or Colonial
ship;or,
(d.)in the case of a steamship not exceeding sixty tons,a licence
under section 37.
(2.)The Governor may,at his discretion,grant a Certificate of
Colonial Registry as hereinafter provided to any ship owned wholly by
persons of the following description:-
(a.)any person or body corporate qualified to be the owner of a
British ship as described in section 1 of the Merchant Shipping
Act,1894;and
(b.)any Chinese person resident within the Colony applying for
the same,provided such person is a registered lessee of Crown
lands within this Colony,and that he tenders,as securities for
the due performance by him of all the requirements of this
seciton,two other Crown lessees,and that he and such lessees are
severally reported by the Registrar General to be each worth
five thousand dollars in this Colony,and,if such person is a
member of any shop or partnership,that the seal or chop of such
shop or artnership is also affixed to the security to be given by
him.
(3.)When any person as aforesaid is desirous of obtaining a Certifi-
cate of Colonial Registry for any ship,he shall forward to the Colonial
Secretary an application therefor,together with a declaration in writing
stating that the ship for which registry is sought is intended to be
employed solely in voyages with China:Provided always that if such
declaration is false,or the Colonial ship to which ir relates is not employed
in conformity with it,the registry thereby obtained shall ipso facto
become null and void.
(4.)A Certificate of Colonial Registry shall be issued by the Registrar
of Shipping on production to him of the following documents:-
(a.)the surveyor's certificate as hereinafter provided;
(b.)a declaration of ownership,with proof thereof,to the satisfac-
tion of the Registrar of Shipping;and,
(c.)in the case of a Chinese person,a joint and several bond of the
owner and two sureties binding each and every of the several
obligees,under a penal sum of five thousand dollars,to comply
with all the provisions of this Ordinance and with all the laws
binding on British subjects with regard to trade with China.
(5.)The surveyor's certificate referred to in the last preceding sub-
section shall be a certificate granted by the Government Marine Sur-
veyor specifying the proper measurement of the ship,the particulars,
descriptive of her identity,that such ship has proper anchors and claims,
that the boiler and machinery (if a steamship) and the sails (if a sailing
ship)are in good condition,and that she is,in all respects,strongly
built and properly equipped for the trade for which she is intended.
(6.)It shall not be lawful for the owner of any Colonial ship to give
her any name other than that of her registry.Such name shall,before
registry,be painted in white or yellow letters,not less than four inches
long,upon some conspicuous part of her stern and on each bow,in a dis-
tinct and legible manner,and,in the case of a Chinese-owned vessel,in
Roman letters and in Chinese characters,and shall be so kept and pre-
served.A scale of feet denoting her draught of water shall also be
marked on each side of her stem and of her stern post,in such manner
as the Government Marine Surveyor may approve.For the breach of
any of the provisions of this sub-section,the owner,or (in the absence of
the owner from the Colony)the master,shall be liable to a penalty not
exceeding five hundred dollars.
(7.)The Certificate of Registry of every Colonial ship shall be pro-
duced once at least every six months to the Harbour Master,who shall
indorse the date of such production on such register.On failure of such
production,such register may be forfeited,unless satisfactory cause for
such non-production is shown to the Harbour Master.
(8.)Every register,certificate,indorsement,declaration,or bond
authorized or required by this section may be proved in any Court of
Justice,or before any person having by law or by consent of parties
authority to receive evidence,wither by the production of the original ,or
by an exmained copy thereof,or by a copy thereof purporting to be cert-
fied under the hand of the Registrar of Shipping,or other person who
for the time being may happen to have charge of the original,which
certified copy he is hereby required to furnish to every person applying
at a reasonable time for the same,and paying therefor the sum of one
dollar;and every document,when so proved as aforesaid,shall be
received as prima facie evidence of all matters therein recited,stated,or
appearing.
(9.)The British flag may be used on board of any ship lawfully pos-
sessing a Certificate of Colonial Registry under this Ordinance.
(10.)Any change of ownership in any Colonial ship shall render her
registry null and void,and the register shall be at once delivered up to
the Registrar of Shipping;and any change of master shall be indorsed
upon the register by the Harbour Master.
(11.)The master of every ship provided with a Certificate of Colonial
Registry under sub-section (2.)(b.) of this section must be a British
subject.
(12.)No Colonial ship exceeding sixty tons shall carry mor ethan
twelve passengersfor hire, unless she is provided with a Passenger
Certifiacte under section 10. If not exceeding sixty tons, she shall not
carry any passengers for hire, unless she is provided with a licence from
the Harbour Master under section 37.
(13)Every Colonial ship shall be, in every respect, subject to the
provisions of this Ordinance and (except where the same are inconsistent
with the terms of this Ordinance) to the provisions of the Merchant
Shipping Act. 1894, and of any Acts amending the same, in the same
manner and to the same extent as British ships registered under the said
Act are subject thereto.
(14)Any Certificate of Colonial Registry granted under this section
shall be in force and effect for one year from the date of such certificate,
and no longer, and such certificate shall be renewable by indorsement on
the same by the Registrar of Shipping: Provided always that, whether
the certificate is inteded to be renewed or not, it shall be deliveered into
the custody of the Registrar fo Shipping five days before the expiration
of the year for which it has been granted or, in the event o0f the
registered ship being at sea, then on her return to the Colony. The
owner, agent, or master of any such ship who neglects to comply with the
requirements of this sub-section shall be liable to a penalty not exceeding
five hunderd dollars.
(15)No prosecution shall be instituted under this section except
under the flat Attorney General.
PART II.
MASTERS AND SEAMEN.
Certificates of Competency.
4.-(1.)The name of a master ,first,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













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engineer possesses a certificate of service or competency granted in the
United Kingdom under the Merchant Shipping Act,1894,ior a Colonial
Certificate of Competency declared by Order of Her Majesty-in-Council
to be of the same force as if it had been granted under the said Act.
(2.)Every British ship,and every Colonial ship exceeding sixty tons,
and every Foreign ship holding a passenger certificate under section 10
shall,when leaving any Port of the Colony,be provided with officers
who possess valid certificates of competency of a grade appropriate to
their stations in the ship or of a higher grade,according to the following
scale:-
(a.)in any case,with a duly certificated master;
(b.)if the ship is of one hundred tons or upwards,with at least one
officer besides the master holding a certificate not lower than that
of only mate,or of mate of a river steamer,in the case of a river
steamer;
(c.)if the ship carries more than one mate,with at least the first
and second mates duly certificated;
(d.)if the ship is a steamship of one hundred nominal horse-power
or upwards,with at least two engineers,one of whom shall be a
first-class and the other a first-class or second-class engineer duly
certificated;and,
(e.)if the ship is a steamship of less than one hundred nominal
horse-power,with at least one engineer who is a first-class or
second class engineer duly certificated.
(3.)Every Colonial ship not exceeding sixty tons trading or plying
for hire shall,when leaving the waters of the Colony,be provided with
officers who possess valid certificates of competency according to the
following scale:-
(a.)the master must possess a certificate appropriate to the grade of
second mate or of a higher grade;and
(b.)the engineer (in the case of a steamship)must possess a
certificate appropriate to the grade of second class engineer or of
a higher grade.
(4.)The master of any British or Colonial ship,or of any Foreign ship
holding a passenger certificates under section 10,leaving or attempting
to leave any Port of the Colony wothout having on board,and entered
on the register and articles of agreement,officers possessing the certifi-
cates required by this section shal be liable to a penalty not exceeding
five hundred dollars;and it shall be lawful for the Harbour Master to
refuse a port clearance to any British or Colonial ship,or to any Foreign
ship holding a passenger certificate under section 10,in case of non-
compliance with the provisions of sub-sections (2.)and (3.) of this section;
and if any ship to which this sub-section refers leaves or attempts to leave any Port of the Colony without a clearance,the master thereof
shall be liable to a penalty not exceeding five hundred dollars.
(5.)Every person who,having been engaged in any of the capacities
mentioned in sub-section (2.)or sub-section (3.) of this section 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 certificate as is required by this section,shall,for
each such offence,be liable to a penalty not exceeding two hundred and
fifty dollars.
(6.)In any proceeding in a Court of Justice against any person for
a breach of the provisions of this Ordinance,all entries in the official log
and the articles of agreement shall be received in evidence,subject to all
just exceptions.
(7.)Examinations shall be instituted for persons who wish to procure
certificates of competency as masters,mates,or engineers in the mercan-
tilc marine.
(8.)The Governor-in-Council may from time to time lay down rules
as to the conduct of such examinations and as to the qualifications of the
applicants,and such rules shall be strictly adhered to by all examiners.
(9.)When any person is desirous of obtaining a certificate of com-
petency as master,first,second,or only mate,or engineer in the
Harbour Master,who shall forward the same to the Governor.
(10.)It shall thereupon be lawful for the Governor to constitute and
appoint a board of examiners to inquire into the competency of such
applicant,and such board shall consist of three members,one of whom
shall be the Harbour Master,and of the remaining two one or both shall
be commissioned officers in the Royal navy or masters or duly quali-
fied engineers in the British mercantile marine.
(11.)On such appointment being notified to the Harbour Master,he
shall summon the other members of the board to attend at the Harbour
Master's Office for the purpose of examining the applicant,at a day and
at an hour to be named in such summons,and shall also notify the
applicant to attend accordingly.
(12.)Every applicant for a certificate of competency shall,on lodging
his application,pay to the Harbour Master a fee,if for a master's or
first-class engineer's certificate,of twenty dollars,and,if for any other
certificate,of fifteen dollars.
(13.)Every member of the board,except the Harbour Master,the
Assistant Harbour Master,the Marine Surveyor,and the Assistant
Marine Surveyor,shall be entitled to receive out of the public revenue of the Colony a fee of five dollars for the examination of each appli-
cant.
(14.)Every applicant who has passed a satisfactory examination,and
has given satisfactory evidence of his sobriety,experience,and general
good conduct on board ship,shall be entitled to receive,on the recom-
mendation of the board,a certificate of competency signed by the
Governor.
(15.)Certificates of competency granted under this section shall be
subject to the Regulations made under the Order of Her Majesty-in-
Council dated the 9th day of May,1891,with respect to the use,
delivery,cancellation,and suspension of Colonial certificates of com-
petency and to any further regulations which may subsequently be made
under the same authority.
(16.)If a master,mate,or engineer proves,to the satisfaction of the
Governor,that he has,without fault on his part,lost or been deprived of
a certificate already granted to him under this section,the Governor
shall,and in any other case may,on payment of such fee,if any,as he
may direct,cause a copy of the certificate to which,by the record kept,he
appears to be entitled to be delivered to him;and such copy shall have
all the effect of the original.
(17.)The master of a ship,on signing the agreement with the crew
before the Superintendent of the Mercantile Marine Office,shall produce
to him the certificates of competency which the master,mates,and
engineers of the ship are hereby required to hold.
(18.)Every person who-
(a.)makes,assists in making,or procures to be made any false
representation for the purpose of procuring ,either for hmself or
for any other person,a cetificate or competency;or
(b.)fraudulently uses a certificate or copy of a certificate of com-
petencu which has been forged,altered,cancelled,or suspended,
or to which he is not entitled;or
(c.)fraudulently lands his certificate of competency or allows it to
be used by any other person,
shall,in respecty of each such offence,be guilty of a misdemeanor.
Engagement and Discharge of Seamen.
5.-(1.)It shall be lawful for the Governor to appoint within the
Colony a place to be called the Mercantile Marine Office,at which
place shall be conducted all the business connected with the engagement
and discharge of seamen on board British and COlonial ships,and Foreign
ships whose flag is not represented by a Consular Officer,such ships
being in the waters of the Colony.The Harbour Master shall be the Superintendent of the Mercantile Marine Office.The present Mercantile
Marine Office shall be deemed to be the place appointed until the
Governor shall appoint some other place.
(2.)No seaman shall,except with the sanction of the harbour
Master,be shipped to do duty on board a British or Colonial ship,or
any Foreign ship whose flag is not represented by a Consular Officer
resident in the Colony,elsewhere than at the Merchantile Marine Office;
and the Superintendent shall reqiore such seaman to produce to him his
certificate of discharge from the 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.
(3.)The master of every British ship,and of every Colonial ship
exceeding sixty tons ,and of every Foreign ship whose flag is not
represented by a Consular officer resident in the Colony shall enter into
an agreement with every seaman whom he engages in this Colony,and
carries to sea as one of his crew,in the form and manner provided by
the Merchant Shipping Act,1894.
(4.)If the master of any such ship carries any seaman to sea without
entering into an agreement with him in accordance with the last pre-
ceding sub-section,he shall be liable to a penalty not exceeding fifty
dollars.
(5.)Such fees,not exceeding the sums specified in Table I in the
Schedule to this Ordinance,as may from time to time be fixed by the
Governor-in-Council shall be payable upon all engagements and dis-
charges;and the Superintendent shall cause a scale of such fees to be
prepared and to be conspicuously placed in the Mercantile Marine Office,
and the Superintendent may refuse to proceed with any engagement or
discharge,unless the fees payable thereon are first paid.
(6.)Every master of a ship engaging or discharging any seaman at
the Mercantile Office shall pay to the Superintendent the whole
of the fees hereby made payable in respect of such engagement or dis-
chargem,and may,for the purpose of in part reimbursing himself,deduct
in respect if each such engagement or discharge from the wages of all
persons(exceot apprentices) so engaged or discharged and retain any
sums not exceeding the sums specified in that behalf in the Table marked
J in the said Schedule:Provided that if in any case the sum which
the master is so entitled to deduct exceeds the amount of the fee payable
by him,such excess shall be paid by him to the Superintendent in
addition to such fee.
(7.)-(a.)No master shall discharge in this Colony any seaman from
any ship,British or Foreign,without the sanction of the Harbour
Master or of the Consular Officer,if any,representing the nation to which such ship belongs,and unless due provision is made for the sub-
sistence and maintenance of such seaman,to the satisfaction of the
Harbour Master in the case of a British ship or of a Foreign ship whose
flag is not represented in the Colony by a Consular Officer,or to the
satisfaction of such Consular Officer in the case of a Foreign ship whose
flag is so represented;and any master discharging a seaman in contra-
vention of this sub-section shall be liable to a penalty not exceeding one
hundred dollars.
(b.)Any seaman,being one of the crew of any ship,who wilfully or
negligently remains in the Colony after the departure of such ship shall
be liable to a penalty not exceeding twenty-five dollars or to imprison-
ment,with or without hard labour,for any term not exceeding one month.
(8.)No seaman shall,except with the sanction of the Harbour
Master,be discharged from a British or Colonial ship,or any Foreign
ship whose flag is not represented by a Consular Officer resident in the
Colony,elsewhere than at the Mercantile Marine Office,and every
seaman discharged from a Foreign ship so represented shall,within
twenty-four fours of being discharged at the office of his Consular
Officer,produce to the Harbour Master,or some person deputed by him,
a certificate of his discharge,signed by such Consular Officer,and shall
in default be liable to a penalty not exceeding twenty-five dollars and,
in default of payment thereof,to imprisonment for any term not
exceeding twenty-one days.
(9.)Whenever any seaman is discharged at the Mercantile Marine
Office from any ship within 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 time of
discharge of such seaman,signed by himself,and,if such seaman
requires it,shall further give him,within twenty-four hours after
demand,a true account in eriting of the wages of such seaman and of
all deductions therefrom.
(10.)Any seaman or other person who gives a false description of
his services,or shows,or makes or procures to be made,any false character,
or makes false statements as to the name of the last ship in which he
served or as to any other information which may be required of him by
any person having lawful authority to demand such information,shall
be liable to a penalty not exceeding fifty dollars and,in default of
payment thereof,to imprisonment,with or without hard labour,for any
term not exceeding two months.
(11.)If the master or any other person belonging to any British ship
wrongfully forces on shore and leaves behind,or otherwise wilfully and
wrongfully leaves behind,in this Colony any seaman or apprentice
belonging to such ship before the completion of the voyage for which such seaman or apprentice was engaged,he shall be liable to a penalty
not exceeding two hundred and fifty dollars or to imprisonment,with
or without hard labour,for any term not exceeding six months.
(12.)No seaman who has been actually shipped on board any vessel
in compliance with this Ordinance shall,during the time for which he
is then shipped,be liable to be arrested on civil process,unless the debt
or demand exceeds the sum of five hundred dollars:Provided always
that by the term 'seaman' in this sub-section shall be meant only a
person who has,within the space of six months previously,served on
board a ship for wages as a seaman,and that the protection from arrest
hereby granted shall not be held to extend to any person not coming
within such definition,or in any case to masters,mates,or engineers.
Boarding-houses for Seaman.
6.-(1.)The Harbour Master shall,with the consent of a Stipendiary
Magistrate,have power to license a sufficient number of fit and proper
persons to keep boarding-houses for seamen,not being Chinese;and
every such licence shall be countersigned by the Colonial Secretary,and
shall be granted for such period,not exceeding one year,and on such
terms and security,and shall be renewable on 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,according to the term of such licence;
and every such house shall be for the reception of such number of
seaman only as may be expressed in the licence,under a penalty of
twenty-five dollars for each seaman lodged at one time in excess of
such number,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 borading-house shall be a room licensed for the
sale of intoxicating liquors,nor shall any charge for intoxicating liquor
be allowed in any account for the amount of which any seaman may be
indebted,or stated to be indebted,to any person;and every such
boarding-house shall be open at all times to the visit of any Justice of the
Peace,or of the Harbour Master,or of any Inspector of Police.The
Harbour Master may refuse to grant any such licence,and may limit the
number and description of seaman to be boarded in each house,and may
make,recind,and vary rules,subject to the approval of the Governor
and to the publication thereof in The Gazette,for the government of such
houses,and regulates the charge to be made for board and lodging;and
a copy of such rules shall be hung up in each for the inspection of
the inmates;and for any infraction of any one of such rules the offender
in every instance shall be liable to a penalty not exceeding twenty-five dollars,and for a second offence may be deprived,if the keeper of such
house,of his licence as an additional punishment:Provided that,unless
and until such rules are made,rescinded ,or varied,the rules in Table K
of the Schedule to this Ordinance shall apply.Licences issued under
this section shall be terminable on the 30th day of November of each
year.
(2.)If any person,not having obtained a licence required by the last pre-
ceding sub-section for keeping a boarding-house for seamen,keeps one,
he shall be liable to a penalty not exceeding one hundred dollars;and
the fact of more than one seaman boarding or lodging in the house of
any person shall be prima facie proof of the keeping of a noarding
house for seamen by such person;but nothing in this Ordinance shall be
construed to prevent any seaman from having the whole or any part of
any house for the residence of himself or his family any boarding him-
self therein.
(3.)Every licensed keeper of a boarding-house for seamen shall
cause daily to be entered in a book,in English,the name and descripotion
of each additional seaman who has,on that day ,come to board or lodge
at his house,and the name of each seaman who has left his house on that
dat after being a lodger or boarder therein,and such other particulars
as the Harbour Master may direct;and every such keeper of a boarding-
house shall,on the morning of Monday in each week,send to the Harbour
Master's Office a list,copied from his book,of the seamen on that day
boarding or lodging in his house,and of the seamen,boarders or
lodgers,who left his house on any or either of the intermediate days,and
shall also particularize in such list the 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 Master shall keep the lists requiring men,and shall also post in a
similar manner,if required to do so,such notices for the supply of men
by masters of ships as the said masters may furnish.Any infraction of
this sub-section shall render the boarding-house leeper liable to a penalty
not exceeding twenty-five dollars.
(4.)Nothing in this section shall prevent masters,mates,or en-
gineers of ships from boarding or lodging elsewhere than at a licensed
boarding-house.
Distresses Seamen.
7.-(1.)All expenses which may be incurred under the provisions
of the Merchant Shipping Act,1894.in the relief of distressed seamen
who,at the time of such relief being granted,have last served in a ship registered in this Colony,and all expenses incurred in the United
Kingdom in relieving and returning to this COlony all distressed 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 moneys forming part of or arising from the
general revenue of the Colony,of all expenses which may be incurred
in the Colony for the relief of such seamen as aforesaid,under the pro-
cisions of the said Act or of any regulations in that behalf which may
from time to time be made by the Governor-in-Council.
(3.)It shal be lawful for the Governor from time to time to order
the re-payment,out of any such momeys as aforesaid,of all sums which
may 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 British colony,or by any Critish Consular
Officer seamen as aforesaid,and such sums shall be refunded in such
manner as the Governor may think fit or as a Secretary of State for the
time being may direct.
Provisions,Health,and Accommadation.
8.-(1.)The owner,agent,or master of every British or COlonial
ship nevigating 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 isued
by the Board of Trade,and a copy of the book or books issued by the
said Board containing instructions for dispensing the same,and also a
sufficient quality of anti-scorbuties,to be served out to the crew,of
proper quality and in accordance with the requirements of the Merchant
Shipping Act,1894,or any Act hereafter amending the same.
(2.)The owner,agent,or master of any such ship who wilfully
refuses or neglects to provide and keep on board such medicines,medi-
cal stores,books of instructions,and anti-scorbutics as are by this
section required shall be guilty of a misdemeanor ,and shall,on summary
conviction before a Stipendiary Magistrate,be liable to a penalty not
exceeding two hundred dollars.
(3.)it shall be the duty of the Heath Officer of the Port to inspect
the medicines,medical stores,and anti-scorbutics of any British or
Colonial ship navigating between this Colony and any place out of the
same,and,if such articles are deficient in quantity or quality or are
placed in improper vessels,he shall give notice to the master of the ship
and to the Harbour Master;and the Harbour Master shall,before granting a clearance to such ship,require a certificate from the Health
Officer that the default has been remedied,and,if such certificate is not
produced,the ship shall be detained until the certificate is produced,and
if the ship proceeds to sea,the owner,consignee,or master of the ship
shall for each offence be liable to a penalty not exceeding two hundred
dollars.
(4.)The master of any ship,before shipping any seaman,may require
that such seaman shall be inspected by the Principal Civil Medical
Officer,and the Principal Civil Medical Officer,on such inspection,
shall give a certificate under his hand as to the state of health of such
seaman,which certificate such seaman shall produce and show to the
master of the ship in which he may be about to serve;and for every
certificate there shall be paid the fee of fifty cents,to be paid by the
agent or master of the ship in case such seaman proves to be in sound
health,and by the seaman hiself,or the boarding-house keeper with
whom he may be residing,in case such seaman proves to be affected with
any contafious disease.
(5.)Every keeper of a licensed boarding-house for seamen,in the list
of seamen resident in his house which he is required to furnish to the
Harbour Master,shall report as to the state of health of each seaman,so
far as 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 con-
tagious disease shall be removed,by warrant under the hand of the
Harbour Master,to a hospital,where he shall be kept until he is
discharged as cured,and has obtained a certificate of his having been
so discharged,which certificate he shall produce and show to the Har-
bour Master,when required to do so;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 seaman;or,incease of the keeper of the boarding-house in which
such seaman has 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 appears to and is certified by the Medical Officer in
charge of the hosital to which such seaman may be removed,or by an
Assistanct Surgeon,that the disease with which he may be affected is of
such a nature as that the keeper of the boarding-house could,with
ordinary and reasonable observation,have ascertained its existence;and
in every case such expenses shall,in case of non-payment,be sued for
and recovered by the Harbour Master on behalf of the hospital.
(6.)If any seaman affected with a contagious disease,and reported so
to be by the keeper of the boarding-house in which such seaman may be
residing,refuses or offers any hindrance or obstruction to his removal to a hospital;or,having been removed to a hospital,attempts to leave
the same before he is properly discharged cured;or,having been dis-
charged cured,refuses toproduce his certificate of discharge when re-
quired by the Harbour Master to do so;or,being affected with a con-
tagious disease,refuses or neglects to inform the keeper of the boarding-
house in which he may be residing of the fact of his being so affected,
then and in every such case such seaman so offending shall be liable to
a penalty not exceeding twenty-fie dollars or to imprisonment,with or
without hard labour,for any term not exceeding one month.
(7.)In the event of the death of any of the crew,passengers,or
other persons occurring on board of any ship in the waters of the
Colony,or of the decertion of any of the crew of any British or Colonial
ship or of any Foreign ship whose flag is not represented by a Consular
Officer resident in the Colony,or in event of the death of any of the
crew or passengers on board of any ship in the course of a voyage to
the Colony,the master of such ship shall,forthwith or on the arrival of
the ship in the Colony,as the case may be,report the same to the harbour
Master,and,in default,shall be laible to a penalty not exceeding twenty-
five dollars for every death or desertion which he may neglect to report.
(8.)If any ship carrying passengers from any port or place to any
port or place in the Colony is found,on its arrival in the Colony,to be
in a filthy and insanitary condition,the master of the ship shall,on
summary conviction before a Stipendiary Magistrate,be liable to a
penalty not exceeding five hundred dollars.It shall be the duty of
the Health Offucer of the Port to inspect every such ship on its arrival
in order to ascertain the sanitary condition thereof.
Discipline.
9.-(1.)(a.)If any seaman or apprentice belonging to the crew of
any British ship deserts therefrom or absents himself from his duty while
the ship is within the waters of the Colony,it shall be lawful for any
Police officer,or for the master or person in charge of the ship,or for
any one specially deputed by such master or person in charge to arrest
such seaman or apprentice without warrant and convey him before a
Stipendiary Magistrate;and in case such seaman or apprentice refuses
to return to his duty on board the ship or does not give a sufficient
reason for such refusal,the Stipendiary Magistrate may order such
seaman or apprentice to be put forcibly on board the ship or to be con-
fined in any gaol or other place of security within the Colony,for any
period,until he can be put on board the ship at her departure from the
port or until he is demanded by the master of the ship:Provided always
that the said period of confinement shall not,in the absence of such
departure or demand,exceed three months.
(b.) If any seaman or apprentice deserts,when within the waters of
the Colony,from a merchant ship belonging to a subject of any foreign
country to which an Order of Her Majesty-in-Council has declared that
section 238 of the Merchant Shipping Act,1894,shall apply ,any court,
justice,or officer who would have had cognizance of the matter if the
seaman or apprentice had deserted from a British ship shall,on the
application of a Consular Officer of the foreign country,aid in appre-
hending the deserting,and for that purpose may,on informaiton given
upon oath,issue a warrant for his apprehension,and,on proof of the
desertion,order him to be conveyed on board his ship or delivered to the
master or mate of his ship,or to the owner of the ship or his agent,to
be so conveyed;and any such warrant or order may be executed accord-
ingly.If any person harnours or secretes any deserter liable to be
apprehended under this sub-section,knowing or having reason to believe
that he has deserted,such person shall for each offence,on summary
conviction before a Stipendiary Magistrate,be liable to a penalty not
exceeding one hundred dollars.
(2.)It shall be lawful for a Stipendiary Magistrate,on complaint of
the master of any British ship to the effect that he has reasonable cause
to believe that any seaman who has deserted while such ship is within
the waters of the Colony is 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 vessel a warrant
directing a constable to search such ship,boat,or other vessel or such
house or place,and to lodge such seaman in any Police Station;
and every such seaman shall,with all convenient speed,be brougth
before a Stipendiary Magistrate,to be dealt with as in hereinbefore
directed.
(3.)If any person harbours,conceals,employs,or retains,or assists in
harbouring,concealing,employing,or retaining,any seaman belonging
to the crew of any British ship who has deserted therefrom or otherwise
absconded or absented himself from duty,while such ship is within the
waters of the Colony,knwoing such seaman to have deserted ,absconded,
or absented himself from duty,or causes,induces,or persuades,or en-
deavours ot cause,induce,or persuade,any such seaman in any manner
whatsoever to violate,or to attempt or endeavour to violate,any agree-
ment which he may have entered into to serve on board any such ship,
or knowingly connives at the desertion,absconding,or absence from
duty of any such seaman,such person so offending shall for every such
offence,on summary conviction thereof before a Stipendiary Magistrate,
be liable to a penalty not exceeding two hundred and fifty follars or to
imprisonment,with or without hard labour,for any term not exceeding
six months. (4.)The Harbour Master or his Deputy,before granting a port
clearance to any ship,may,if he has reasonable grounds for belief that
any deserter is concealed on board of such ship,proceed on board thereof,
and then and there require her master to institute due and diligent
search for such deserter,and further,if the seems it necessary,require
the master to make a statutory declaration that,to the best of his know-
ledge asnd belief,after due and diligent serach,no such deserter is con-
cealed within or about his ship;and any master of a ship who refuses or
unnecessarily delays to comply with such requisition shall,on summary
conviction before a Stipendiary Magistrate,be liable to a penalty not
exceeding two hundred dollars and,in defaulr of payment thereof,to
imprisonment,with or without hard labour,for any term not exceeding
six months;and any master of a ship who makes any such statutory
declaration containing any false statement shall be guilty of a misde-
meanor.
(5.)If a seaman lawfully engaged,or an apprentice to the sea service
commits any of the following offences within the waters of the COlony,
he shall be liable to be punished summarily as follows:-
(a.)if the deserts from his ship,he shall be guilty of the offence of
desertion,and be liable to forfeit all or any part of the effects
which he leaves on board and of the wages which he has then
earned,and also to satisfy any excess of wages paid by the owner
or master of the ship to any substitute engaged in his place to him;
higher rate of wages than the rate stipulated to be paid to him;
and also he shall be liable to imprisonment,with or without hard
labour,for any term not exceeding twelve weeks;
(b.)if he neglects,or refuses without reasonable cause,to join his
ship or to proceed to sea in his shop,or is absent without leave at
any time within twenty-four hours of the ship's sailing from the
Colony,either at the commencement or during the progress of a
voyage,or is absent at any time without leave and without
sufficient reason from his shop or from his duty,he shall,if the
offence does not amount to desertion or is not treated as such by
the master,be guilty of the offence of obsence without leave,and
be liable to forfeit out of his wages a sum not exceeding two
days' pay,and in addition,for every twenty-four hours of absence,
either a sum not exceeding six days' pay or any expenses properly
incurred in hiring a substitute;and also he shall be laible to
imprisonment,with or without hard labour,for any term not
exceeding ten weeks;
(c.)if he quits his ship without leave after her arrival and before
she is placed in security,he shall be liable to forfiet out of his
wahes a sum not exceeding one month's pay;
(d.)if he is guilty of wilful disobedience to any lawful command, he shall be liabel to imprisonment for nay term not exceeding
four weeks, and also, at the discretion of the court , to forfeit out
of his wages a sum not exceeding two day's pay;
(e) ifhe is guilty of continued wilful disobedience to lawful com-
mands or continued wilful neglect of duty , he shall be liable to
imprisonment for any term not exceeding twelve weeks, and also,
at the discretion of the court, to forfeit, for every twenty-four
hours' continuance of disobedience or neglect, either a sum not
exceeding six day's pay or any expenses properly incurred in
hiring a substitut ;
(f) if he assaults the master or any mate or certificated engineer of
the ship, he shall be liable to imprisonment for any term not
exceeding twelve weeks ;
(g) if he combines with any of the crew to disobey lawful commannds
or to neglect duty , or to imped the navigation of the ship or the
progress of the voyage, he shall be liable to imprisonment for
any term not exceedign twelve weeks ; and
(h) if he wilfully damages the ships , or embezzles or wilfully damages
any of her stores or cargo, eh shall be liable to forfeit out of his
wages a sum equal to the loss thereby sustained , and also, at the
discretion of the court , to imprisonment for any term not ex-
ceeding twelve weeks:
provided that , in the case of a foreign ship, the stipendiary magistrate
may only deal with cases arising out of the offences mentioned in para-
graphs (d.),(e.),(f.),and (g.) of this sub0section,and provided also that,
if there is a Consular officer resident in the Colony of the nation to which
such ship belongs,the Stipendiary Magistrate shall not deal with any case,
unless he is requested to do so by such opfficer in writing,and unless such
officer undertakes that any such seaman shall not become a charge on the
Colony in consequence of being so dealt with at his request.
(6.)All expenses incidental to the appregension and confinement of
any seaman or apprentice under this section shall be payable by the mas-
ter of the ship to which such seaman or apprentice may belonh,and be
recoverable from him,at the suit of the Captain Superintendent of
Police,mas a debt due tothe Government of this Colony;and the sub-
sistence money for every such seaman or apprentice confined in gaol
shall be paid in advance to the superintendent of the gaol,and,in default
of such payment,the gaoler may release such seaman or apprentice:Pro-
vided that every seaman or apprentice imprisoned under this section may,
by direction of the committing Stipendiary Magistrate,be sent on board
his sdhip or may be placed at the disposal of the Consular Officer at
whose request the Magistrate dealt with the case,on the written applica-
tion of such officer,either on or before the expiration of his term of
imprisonment. PART III.
PASSENGER SHIPS.
Surveys.
10.-(1.)For the purposes of this Part,the expression 'passenger
ship' means-
(a.)all British and Colonial ships exceeding sixty tons register,
being within the waters of the Colony and carrying more than
twelve passengers:
(b.)all Foreign ships exceeding sixty tons,being within the waters
of the Colony and carrying more than twelve passengers from the
Colony:
(c.)all steamships exceeding sixty tons,plying within the waters of
the Colony and carrying more than twelve passengers:
(d.)all river steamers.
(2.)Every passenger ship shall be surveyed once at least in each
year in the manner provided in this section,except-
(a.)British ships which have from the United Kingdom or from
any British possession passengers certificates or survey and other
certificates equivalent to those required under this section,the
same being in force and applicable,and which have been issued
under the provisions of the Merchant Shipping Act,1894,or any
legislative enactment for the time being in force in Great Britain
and Ireland or in any British possession;and
(b.)Foreign ships which have from their own country,or from the
country from whose flag they may have been transferred,or from
any British possession passenger certificates or survey and other
certificates equivalent ot those required in the case of British
ships:Provided that,in the event of any question arising as to
the sufficientcy of any foreign certificate to protect the ship hold-
ing the same from curvey under this section,such question shall
be referred for settlement to the Governor-in-Council,whose
decision thereon shall be final.
(3.)No passenger ship shall clear out or proceed on any voyage from
this Colony unless the master has the certficates as to survey required
under this Part,the same being in force and applicable to the voyage
on which the ship is about to proceed,or,in the case of a Foreign ship,
certtificate equivalent to those required in the case of a British ship.
Any passenger ship attempting to go to sea may be detained until such
certificates as aforesaid are produced to the Harbour Master.
(4.)The Governor may from time to time appoint such number of fit
and proper persons to be Government surveyors for the purposes of this Ordinance as he may think proper,and appoint theit duties,and may
from time to time remove such surveyors or any of them,and may from
time to time fix and alter the remuneration to be received by such
surveyors.
(5.)It shall be lawful for the said surveyors,in the execution of their
duties,to go on board any ship to which this section applies,at all reason-
able times,and to inspect the same or any part thereof,or any of the
machinery,boats,equipments,or articles on board thereof,ofr any certi-
ficates of the master,mate,or engineer,to which the provisions of the
Merchant Shipping Acts,or any Ordinance,or any of the regulations
made or to be made under the said Merchant Shipping Acts or such
Ordinance for the time being in force in this Colony,apply,not un-
necessarily 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 to do so,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 steamship,or otherwise impedes him in the execution of his
duty under this Ordinance,shall be liable to a penlaty not exceeding
twenty-five dollars.
(6.)The said surveyors shall execute their duties under the direction
of the Governor,and the Governor may make regulations as to the
manner in which the surbveys hereinafter mentioned shall be made,and
as to the notice to be given to the surveyors when surveys are required,
and as to the amount and payment of the fees due anf of any expenses
incurred 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;and,until such regulations are made
by the Governor ,the said surveyors shall execute their duties in accord-
ance with the 'Instructions to Surveyors' issued from time to time by
the Board of trade:Provided that,unless and until such scale of fees
is made,rescinded,or varied,the scale of fees in Table C of the Schedule
to this Ordinance shall apply.
(7.)Every surveyor who demands or receivers,directly or indirectly,
from the owner,agent,or master of any ship surveyed by him under
the provisions of this Ordinance or from any other person,and any such
owner,agent,master,or other person who offers or gives,any fee or
remuneration whatsoever (otherwise than is permitted by this Ordinance)
to any sucy surveyor for or in respect of such survey shall be liable to a
penalty not exceeding two hundred and fifty dollars.
(8.)The owner,agent,or master of every ship being within
the waters of the Colony shall,where such ship comes within the meaning
of this section,cause the same to be surveyed by one or more of the Government surveyors;and such surveyors shall thereupon,
if satisfied that he or they can with propriety do so,give to such owner,
agent ,or master declarations as follow:-
(a.)a declaration of a Government surveyor shall contain state-
ments of the following particulars;that is to say,-
(i.)that the hull of the ship is sufficient for the service intended
and in good condition;
(ii.)that the boats,rafts,life buoys,or other appliances for saving
life,lights,signals,compasses,and shelter for deck passengers,
and the certificates of the master and mate or mates,are such
and in such condition as required by law;
(iii.)the time (if less than twelve months) for which the said
hull and equipments will be sufficient;
(iv.)the limits,if any,beyond which ,as regards the hull and
equipments,the ship is,in the judgment of the surveyor ,not
fit to ply;and
(v.)with reference to all passenger ships not coming within the
provisions of the Chinese Passengers Act,1855,or of any
Ordinance made in pursuance thereof,if plying or intended to
ply for hire,the number of passengers which such ship is,in
the judgment of the surveyors,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 carried,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 may not extend,
according to the regulations in Table D in the Schedule to
this Ordinance;and
(b.)a declaration of a Government surveyor shall also contain
statements of the following particulars;that is to say,-
(i.)that the boilers and machinery of the ship are sufficient for
the service intended and in good condition;
(ii.)the time(if less than twelve months) for which such boilers
and machinery will be sufficient;
(iii.)that the safety valves and fire hose are such and in such
condition as are required by this Ordinance;
(iv.)the limit of the weight to be placed on the safety valves;
(v.)the limits,if any,beyond which,as regards the boilers and
machinery,the ship is,in the judgment of the sureveyor,not
fit to ply;


(vi.)that the certificates of the engineer or engineers are such
and in such form as required by law;and
(vii.)in the case of a British or Colonial ship,that the ship is
duly marked withdeck and load lines in accordance with
section 14 of this Ordinance or in accordance with the Merchant
Shipping Act,1894;
and such declarations shall be in such form as the Governor may direct,
(9.)The said owner,agent,or master shall transmit such declarations
to the Colonial Secretary within fourteen days after the dates of the
receipt thereof respectively;and in default shall forfeit a sum not ex-
ceeding two dollars for every day that the sending of such declarations
is delayed;and such sum shall be paid on the delivery of the certificates
hereinafter 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 Colonial Secretary within twenty-eight days,
the fees and forfeitures shall be recovery as a debt to the Crown.
(10.)On the receipt of such declarations,the Governor shall,if satis-
fied 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
transmission of declarations in respect to the survey of the ship and the
and such certificate shall state the limits,if any,beyond which ,accord-
ing to the declaration of the surveyor or surveyors,such ship is not fit
to ply,and shall also contain a statement of the number of passengers
which,according to the declaration of the surveyor or surveyors,such
ship is fit to carry,distinguishing (if necessary) between the respective
numbers to be carried on the deck and in 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,and other circumstances,as
the case may require.
(11.)The Colonial Secretary shall transmit such certificate in dupli-
cate to the Harbour Master,who shall deliver the same to the owner,
agent,or master,on his applying and paying the balance of the fee and
other sums,if any,herein mentioned as payable in that behalf.
(12.)If a ship-owner feels aggrieved-
(a.)by a declaration of a Government surveyor or surveyors under
this section or by the refusal of a surveyor to give the said
declaration;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 Ordi-
nance, the owner,agent,master,or character may appeal,in the manner pre-
scribed by the general rules in Table H in the Schedule to this Or-
dinance,to a Court of Survey,constituted under this Ordinance,and,
upon constitution thereof by the Governor,such Court may make such
order with respect to the costs of any such investigation as it thinks fit,
and such costs shall be paid accordingly,and shall be recoverable in the
same manner as costs in summary proceedings before any Stipendary
Magistrate.
(13.)On such appeal,the Court of Survey shall report the Gover-
nor 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 certificated required.
(14.)Subject to any order made by the Court of Survey,the costs of
and incidental to an appeal under this section shall follow the event.
(15.)Where the survey of a ship is made for the purpose of a declara-
tion under sub-section (8.)of this section,the person appointed to make
the survey shall,if so required by the owner,agent,or character,be
accompanied on the survey by some competent person appointed by the
owner,agent,or characterer,to be approved by the Governor,and in such
case,if the said two persons agree,there shall be no appeal to the Court
of Survey in pursuance of this section.
(16.)It shall be lawful for the owner,agent,master,or characterer
of any ship preferring an appeal under this section or under
section 17(5.)(d.)or (e.),in and by the notice of appeal required
by the general rules in the said Table H,to give notice that he objects
to the Marine Magistrate being a member of the Court of Survey,
stating the grounds of his objection,and thereupon the Harbour Master
shall forthwith forward such notice to the Governor,who may,in his
discretion,direct that the Marine Magistrate shall not be a member of
the Court of Survey.
(17.)The owner,agent,or master of every ship requiring a certificate
under this section pay for every certificate granted by the Governor
the fees mentioned in Table C in the Schedule to this Ordinance.
(18.)No certificate shall be held to be in force for the purposes of
this section beyond a period of twelve months from the date of its issue
or any shorter time specified in the certificate;and no certificate shall
be in force after notice is 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 ship is absent from the Colony
at the time when her certificate expires,no penalty shall be incurred
under this section until she commences a voyage after her next subse-
quent return to the Colony.The Governor may require any certificate
which has expired or has been revoked or cancelled to be delivered up as he directs,and any owner,agent,or master who,without any reason-
able cause,refuses or neglects to comply with such requirement shall be
liable to a penalty not exceeding fifty dollars.
(19.)The Governor may revoke and cancel any such certificate in any
case in which he has reason to believe-
(a.)that the declarations of the sufficiency and good condition of
the hull ,equipments,and machinery of the 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,equip-
ments,or machinery of the ship has or have sustained any injury
or is or are otherwise insufficient;
and in every such case the Gvoernor may,if he thinks fit,require the
owner to have the hull,equipments,or machinery of the ship again
surveyed,and to transmit a further declaration or declarations of the
sufficiency and good condition thereof,before re-issuing any certificate
or granting a fresh one in lieu thereof.
(20.)The owner,agent,or master of every such ship shall forthwith,
on the transmission of any such certificate as aforesaid to him or his
agent,cause one of the duplicates thereof so transmitted to be put up in
some conspicuous part of the ship,so as to be visible to all persons on
board the same,and shall cause it to be continued so put up so long as
such certificate remains in force and such ship is in use;and in default
such owner,agent,or master shall for every offence be liable to a
penalty not exceeding fifty dollars.
(21.)The said surveyor or surveyors shall from time to time make
such returns to the Governor as he may require with respect to the
build,dimensions,draught,burden,rate of sailing ,roon for fuel,and
the nature and particulars of machinery and equipments of every 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 and assistance within his power as he or they may
require for the purpose of such returns;and every such owner,master,
or engineer who,on being applied to for that purpose,wilfully refuses
or neglects to give such information or assistance shall be liable to a
penalty not exceeding twenty-five dollars.
(22.)If any person knowingly and wilgully makes,or assists in
making,or procures to be made a false or fraudulent declaration of
survey or passenger ship's certificate, he shall,in respect of each offence,
be guilty of a misdemeanor.
(23.)When any passenger ship has sustained or caused any accident
occasioning loss of life or has received any material damage affecting
her seaworthiness or her efficiency,either in her hull or in any part of
her machinery,the master shall,within twenty-four fours after the
happening of the accident or damage,or as soon thereafter as possible,
report the same by letter to the Harbour Master,and in default,without
reasonable cause therefor,he shall be liable to a penalty not exceeding
five hundred dollars.
General Equipment.
11.-(1.)Every passenger ship of which a survey is required by
the last preceding section shall-
(a.)be provided (if a steamship) 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.)have her compasses properly adjusted from time,such
adjustment to be made to the satisfaction of the Government
surveyor or surveyors and according to such regulations as may
be issued by the Governor;
(c.)be provided with a hose adapted for the purpose of extinguish-
ing fire in any part of the ship and capable of being connexted
with the engines of the ship;
(d.)be provided with means for making the signals of distress at
night specified in Article 31 of the Regulations for Preventing
Collisions at Sea or in any Regulations substituted therefor,
including a proper supply of lights inextinguishable in water
and fitted for attachment to life buoys;and
(e.)be provided (if a ship not coming within the provisions of the
Chinese Passengers Act,1855,or of any Ordinance made in
pursuance thereof),with such shelter for the protection of deck
passengers,if any ,as the Governor,gaving 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.
(2.)If any such passenger 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) be liable to a penalty not exceeding five hundred
dollars,and the master shall (if he appears to eb in fault) be liable to a
penalty not exceeding two hundred and fifty dollars.
(3.)If any requirement of this section or of Table D in the Schedule
to this Ordinance is not complied with in the case of any passenger ship, the Harbour Master shall not grant a clearance,and if any such ship
attempts to go to sea without a clearance,the Harbour Master may
detain her.
(4.)If any person places an undue weight on the safety valve of any
steamship or increases such weight beyond the limits fixed by the
Government surveyor,he shall,in addition to any other liabilities,be
liable,be so doing,to a penalty not exceeding five hundred dollars.
Penalties for carrying Pessengers in Excess of Numbers allowed by
Certificate or Clearance.
12.-(1.)The master of every ship shall,on application to the Harbour
Master for a port clearance,state the number of passengers he purposes
to carry on the then projected voyage;and if such number is in excess
of the number allowed by the passenger certificate,or exceeds twelve in
the case of a ship which is not provided with a passenger certificate,the
Harbour Master may refuse a port clearacne to such ship.Any master
who wilfully misrepresents the number of passengers so about to be
carried,or leaves or attempts to leave any Port in the Colony without a
clearance ,shall be liable to a penalty not exceeding two hundred and
fifty dollars.
(2.)The master of any ship who,after having obtained a port
clearance,leaves or attempts to leave the waters of the Colony with any
number of passengers greater than that allowed by the said port
clearance shall be liable to 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.
(3.)When the master of any ship has become liable under the pro-
visions of the last preceding sub-section to the penalty therein mentioned,
the owner,agent,or consignee of such ship shall be liable to a like
penalty ,unless he proves that such passengers were shipped without his
knowledge or consent and that he derived no profit,benefit,or as-
vantage from the shipping of such passengers.
(4.)It shall be lawful for the Harbour Master to refuse a clearance
to any ship carrying more than twelve passengers,except on the
production of the passenger certificate (being a certificate then in force
and applicable),and he may detain such ship until such certificate is
produced.
(5.)It shall be lawful for the Governor-in-Council to prohibit the
conveyance of deck passengers by any ship. PART IV.
SAFETY.
Life-saving Appliances.
13.-(1.)The Governor-in-Council may from time to time make
rules with resoect to the following matters:-
(a.)the arranging of ships into classes,having regard to the service
in which they are employed,the nature and duration of the
voyage,and the number of persons carried;
(b.)the number and description of the boats,life-boats,life-rafts,
life-jackets,and life-buoys to be carried by British or Colonial
ships according to the class in which they are arranged and the
mode of their construction,also the equipments to be carried by
the boats and rafts,and the method to be provided to get the
boats and other life-saving apparatus into the water;and
(c.)the quantity,quality,and description of buoyant apparatus to
be carried on board ships carrying passengers,either in addition
to or in substitution for boats,life-boats,life-rafts,life-jackets,
and life-buoys.
Unless and until other rules are made,the rules in Table A of the
Schedule to this Ordinance shall be the rules under this section.
(2.)It shall be the duty of the owner and master of every British or
Colonaial ship exceeding sixty tons to see that his ship is provided,in
accordance with the Rules in the said Table A,with such life-boats,
jackets,and other appliances for saving life at sea as,having regard to the
nature of the service in which the ship is employed and the avoidance of
undue incumbrance of the ship's deck,are best adapted for securing the
safety of her crew and passengers.
(3.)In the case of any ship-
(a.)if the ship is required by the rules for life-saving appliances to
be provided with such appliances and proceeds on any voyage or
excursion without being so provided in accordance with the rules
applicable tothe ship;or
(b.)if any of the appliances with which the ship is so provided are
lost or rendered unfit for service in the course of the voyage or
excursion througth the wilful fault or negligence of the owner or
master;or
(c.)if the master wilfully neglects to replace or repair,on the first
opportunity,any such appliances lost or injured in the course of
the voyage or excursion;or
(d.)if such appliances are not kept so as to be at all times fit and
ready for use, then the owner of the ship (if in fault) shall for each offence be liable
to a penalty not exceeding five hundred dollars,and the master of the ship
(if in fault) shall for each offence be liable to a penalty not exceeding two
hundred and fifty dollars.
(4.)Any surveyor appointed under this Oridnance may inspect any
ship for the purpose of seeing that she is properly provided with appli-
ances for saving life at swa in conformity with this Ordinance.
(5.)If any such surveyor finds that any ship is not so provided,he
shall give to the owner or master notice in writing,pointing out the
deficiency and also what is,in his opinion,requisite to remedy the
same.
(6.)The Harbour Master shall not grant a clearance for any ship
hereinbefore required to be provided with boats,life-jackets,and other
appliances for saving life,unless the same are duly so provided;and if
any such ship attempts to go to sea without such clearance,the Harbour
Master may detain her until she is so provided.
Deck and Load Lines.
14.-(1.)All British or Colonial ships registered in the Colony (except
ships under twenty-five tons,pleasure yachts,ships not trading or plying
for hire,and ships employed solely as tugs) shall be permanently and
conspicuously marked with lines of not less than twelve inches in length
and one inch in breadth,painted longitudinally on each side amidships
or as near thereto as is practicable,and indicting the position of each
deck which is above water, subject to the following provisions:-
(a.)the uper edge of each of the deck lines must be level with the
upper side of the deck plank next the waterway at the place of
marking;and
(b.)the deck-lines must be white or yellow on a dark ground or
black on a light ground.
(2.)The owner,agent,or master of every British or Colonial ship
registered in the Colony)except ships under twenty-five tons,pleasure
yachts,ships not trading or plying for hire,and ships employed solely
as tugs)shall,before clearing his ship outwards from the Colony,mark
upon each of her sides amidships within the meaning of this section or
as near thereto as is practicable ,in white or yellow on a dark ground or
in black on a light ground ,a circular disc twelve inches in dismeter,
with a horzontak line eighteen inches in length drawn through its
centre,subject to the following provisions:-
(a.)the centre of the disc shall be placed at such level as may be
approved by the governor below the deck-line marked under this
section and specified in the certificate given thereunder,and shall indicate the maximum load-line in salt water to which it shall be
lawful to load the ship;and
(b.)the position of the disc shall be fixed in accordance with the
Tables of Freeboard contained in Instructions to Surveyors issued
by the Board of Trade.
(3.)Any owner or master of a British or Colonial ship (except ships
under twenty-five tons,pleasure,yachts,ships not trading or plying
for hire,and ships employed solely as tugs),being within the waters of
the Colony,who neglects to cause such ship to be marked with deck and
load lines or to keep her so marked,or who allows such ship to be so
loaded as to submerge in salt water the centre of the disc,and any person
who conceals,removes,alters,defaces,or obliterates,or suffers any person
under his control to conceal,remove,alter,deface,or obliterate,any of
the said marks,except in the event of the particulars thereby denoted
being lawfully altered ot except for the purpose of escaping capture by
an enemy,shall for each offence be liable to a penalty not exceeding five
hundred dollars.
(4.)If any of the marks required by this section are in any respect
inaccurate so as to be likely to mislead,the owner or master of the ship
shall be liable to a penalty not exceeding five hundred dollars.
(5.)If a ship is so loaded as to submerge in salt water the centre of the
disc indicating the load-line,the ship shall be deemed to be an unsafe
ship within the meaning of the provisions contained in section 17,and
such submersion shall be a reasonable asnd probable cause for the deten-
tion of the ship.
(6.)The owner,agent,or master of a British or Colonial ship required
to be marked with deck and load lines shall also, on clearing her,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 decks which is above that
centre.If default is made in delivering this statement inthe case of
any such ship,the Harbour Master may refuse to clear the ship.
(7.)The Governor may appoint the Government Marine Surveyor,or
any other person specially selected by him for that purpose,to approve
and certify on his behalf from time to time the position of any disc
indicating the load-line and any alteration thereof,and may appoint
fees to be taken in respect of any such approval or certificate.
(8.)When a ship to which this section applies has been marked with
a disc indicating the load-line,she shall be kept so marked until her
next return to the Colony.
(9.)In this section the expression 'amidships' means the middle of
the length of the load water-line as measured from the side of the
stem to the aft side of the stern-post. Dangerous Goods.
15.-(1.)If any person sends or attempts to send by,or,not being
the owner or master of the ship,carries or attempts to carry in,any ship
any dangerous goods,without distinctly marking their nature on the
outside of the package containing the same and giving written notice of
the nature of such goods,and of the name and address of the sender or
carrier thereof,to the owner or master of the ship,at or before the time of
sending the same to be shipped or taking the same on board the ship,
he shall for every such offence be liable to a penalty not exceeding five
hundred dollars:Provided that if such person shows that he was merely
an agent in the shipment of any such goods as aforesaid,and was not
aware,and did not suspect,and had no reason to suspect that the goods
shipped by him were of a danagerous nature,the penalty to which he
shall be liable shall not exceed fifty dollars.
(2.)If any person knowingly sends or attempts to send by,or carries
or attempts to carry in,any ship any dangerous goods or goods of a
dangerous nature,under a false description,or falsely describes the
sender or carries thereof,he shall be liable to a penalty not exceeding
two thousand and five hundred dollars.
(3.)For the purposes of this Ordinance,the expression 'dangerous
goods' means aquafortis,vitriol,naphtha,benzine,gunpowder,lucifer
matches,nituo-glycerine,petroleum,dunamite,gun-cotton,fulminate of
mercury or of other metals,blasting powders,fireworks,fuzes,rockets,
percussion caps,detonators,cartridges,ammunition of all descriptions,
and any other goods which are from time to time declared by the
Governor-in-Council to be of a dangerous nature.
(4.)The owner or master of any ship may refuse to take on board
any package or parcel which he suspects to contain goods of a dangerous
nature,and may require it to be opened to ascertain the fact.
(5.)It shall be lawful for the Harbour Master to refuse a port
clearance to any ship carrying more than twenty passengers,if there
are on board any dangerous goods as defined by this section or any
articles which are now or hereafter may be declared to be dangerous
goods by an Order of the Governor-in-Council under section 5 of the
Dangerous Goods Ordinance,1873,unless the said dangerous goods are
enclosed in a substantial compartment exalusively appropriated to the
stowage of the said dangerous goods,or otherwise secured from contact
with or damage from any other article or substance carried on board the
ship ,and so placed and surrounded that they are inaccessible to eother
the passengers or the crew,except with the consent of the master.And
the master of any such ship who leaves or attempts to leave the waters of the Colonial withour having the said dangerous goods enclosed,secured,
placed,and surrounded as in this sub-section provided or without having
obtained a clearance shall be liable to a penalty not exceeding five
hundred dollars.
(6.)Where any dangerous goods as defined by this section,or
any goods which,in the judgment of the owner or master of the
ship,are of a dangerous nature,have been sent or brought onboard
any ship,without being marked as aforesaid or without such notice
having been given as aforesaid,the owner or master of the ship may
cause such goods to be thrown overboard,together with any package or
receptacle in which they are contained;and neither the owner nor the
master of the ship shall,in respect of such throwing overboard,be sub-
ject to any liability,civil or criminal,in any court.
(7.)Where any dangerous goods have been sent or carried,or at-
tempted to be sent or carried, on board any ship,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 a Stipendiary Magistrate
to declare such goods,and any package or receptacle in which they are
contained,to be and they shall thereupon be forfeited,and,when forfeited,
shall be disposed of as the Court may direct.
(8.)The Magistrate shall have and may exercise the aforesaid powers
of forfeiture and disposal,notwithstanding that the owner of the goods
has not committed any offence under the provisions of this section
relating to dangerous goods,and is not before the Court,and has not
notice of the proceedings,and notwithstanding that there is no evidence
to show to whom the goods belong;nevertheless the Magistrate may,
in his discretion,require such notice to be given to the owner or shipper
of the goods before the same are forfeited.
(9.)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 for,any other enactment for the like object,so,nevertheless
that nothing in the said provisions shall be deemed to authorize that any
person be sued or prosecuted twice in the same matter.
Grain Cargoes.
16.-(1.)No cargo of which more than one-third consists of any kind
of grain,corn,rice,paddy,pulse,seeds,nuts,or nut kernels (hereinafter
referred to as 'grain cargo') shall be carried on board any ship ,unless
such grain cargo is contained in bags,sacks,or barrels or secured from
shifting by boards,bulkheads,or otherwise. (2.)If the owner or master of any such ship,or anu agent of any such
ship who is charged with the loading of the ship or the sending of her to
sea,knowingly allows any grain cargo or part of a grain cargo to be
shipped therein for carriage contary to the provisions of this Ordinance,
he shall,for every such offence be liable,on summary conviction,to a
penalty not exceeding fifteen hundred dollars.
Unseaworthy Ships.
17.-(1.)Every person who send or attempts to send,or is a party
to sending or attempting to send,a British or Colonial ship to sea in such
an unseaworthy state that the life of any person is likely to be thereby en-
dangered shall be guilty of a misdemeanor,unless he proves either that
he ised all reasonable means to ensure her being sent to sea in a seaworthy
state or that her going to sea in such an unseaworthy state was,under
the circumstances,reasonable and justificable,and,for the purpose of
giving such proof,he may give evidence in the same manner as any
other witness.
(2.)Every master of a British or Colonial ship who knowingly takes
the same to sea in such an unseaworthy state that the life of any perosn
is likely to be thereby endangered shall be guilty of as misdemeanor ,
unless he proves that her going to sea in such an unseaworthy state was,
under the circumstances,reasonable ans 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 the preceding sub-sections of this section
shall not be instituted except with the consent of the Governor.
(4.)A misdemeanor under the preceding sub-sections of this section
shall not be punishable on summary conviction.
(5.)Where a British or Colonial ship being in any port of the Colony
in an unsafe ship,that is to say,is,by reason of the defective condition
of her hull,equipment,or machinery or by reason of overloading or im-
proper 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 and either finally detained or released,as follows:-
(a.)the Governor,if he has reason to believe,on complaint or
otherwise,that a British or Colonial ship is unsafe,may pro-
visionally order the detention of such ship;
(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 detention,and the Governor may,if he
thinks fit,appoint some competent person or persons to survey
the ship and report to him; (c.)the Governor,on receiving the report,may either order the
ship to be released or,if in his opinion the ship is unsafe,may
order her to be finally detained,either absolutely or until the
performance of such conditions with respect to the execution of
repairs or alterations or the unloading or reloading of cargo as
the Governor thinks necessary for the protection of human life,
and he may from time to time vary or add to any such order;
(d.)before the order for final detention is made,a copy of the
report shall be served on the master of the ship,and,within seven
days of such service,the owner,agent,or master of the ship may
appeal in the prescribed manner to the Court of Survey constituted
under section 20;
(e.)where a ship has been provisionally detained,the owner,agent,
or master of the ship,at any time before the person appointed
under this section to survey the ship makes such survey,may
require that he shall be accompanied by such person of nautical,
engineering,or other special skill and experience,to be approved
by the Governor,as the owner,agent,or master may selct;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,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 may at
any time,if he thinks it expedient,refer the matter to the Court
of Survey;and
(g.)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.
(6.)-(a.)If it appears that there was not reasonable and probable
cause,by reason of the condition of the ship or the act or default of the
owner or agent,for teh provisional detention of the ship,the Govern-
ment of the Colony shall be liable to pay to the owner of the sip his
costs of and incidental to the detention and survey of the ship,and also
compensation for any loss or damage sustained by him by reason of the
detendtion or survey.
(b.)If a ship is finally detained under this Oridnance or if it
appears that a ship provisionally detained was,at the time of such
detention,unsafe within the meaning of this Ordinance,the owner of
the ship shall be liable to pay to the Government the costs of and
incidental to the detention and survey of the ship,and such costs shall, without orejudice to any other remedy,be recoverable in a summary
way before any Stipendiary Magistrate.
(c.)For the purposes of this Ordinance,the costs of and incidental
to any proceeding before a Court of Survey,and a reasonable amount
in respect of the remuneration of the surveyor,shall be part of the
costs of the detention and survey of the ship;and any dispute as to
the amount of costs under this Ordinance may be referred to the
Registrar of the Supreme Court,who,on request made to him for
that purpose by the Governor,shall ascertain and certify the proper
amount of such costs.
(d.)A claim for any costs or compensation payable by the Government
under this section may be brought against the Attorney General in
an action brought by the plaintiff as claimant against the Attorney
General as defendant,and the provisions of the Code of Civil Procedure
for the time being in force relating to actions against the Govern-
ment of the Colony shall apply to such action.
(7.)Where a complaint is made to the Governor that a British or
Colonial ship is unsafe,he may,if he thinks fit,require the complaint
to give security,to his satisfaction,for the costs and compensation
which may be incurred by the Government,and any action that may be
necessary to enforce such security may be brought in the name of the
Attorney General for and on behalf of the governor:Provided that
where the complaint is made by one-fourth,being not less than 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 to be detained under this Ordinance.
(8.)-(a.)An order for the detention of a ship,whether provisional
or final,and an order varying the same,shall vbe served as soon as may
be on the master of the ship.
(b.)When a ship has been detained under this Ordinance,she shall
not be released by reason of her British or Colonial register being sub-
sequently closed.
(c.)For the purposes of a survey under this section,any perosn
authorized to make the same may go on board the ship and inspect the
same and every part thereof and the machinery ,equipment,and cargo,
and may require the unloading or removak of any cargo,ballast,or
tackle.
(d.)The provisions of the Merchant Shipping Act,1894,with respect
to persons who wilfully impede an inspector shall apply as if those pro-
visions were herein enacted,with the substitution for the inspector of any
member of the Court of Survey,assessor,or surveyor,who,under this section,has the same powers as an inspector or has authority to survey a
ship.
Overladen Foreign Ships.
18.When a Foreign ship has taken on board all or any part or her
cargo in the waters of the Colony,and is,whilst in such waters,unsafe
by reason of overloading or impriper loading,the provisions of this
Ordinance with respect to the detention of ships shall apply to that
Foreign ship as if she were a British ship,with the following modifi-
cations:-
(1.)a copy of the order for teh provisional detention of the ship
shall be forthwith served on the Consular Officer for the State to
which the ship belongs,and,if there is no such Consular Officer,
on the master of the ship;
(2.)where a ship has been provisionally detained,the Consular
Officer,on the request of ther owner,agent,or master of the ship,
and,if there is no such Consular Officer,the owner,agent,or
master of the ship,may require that the perosn,if any,appointed
by the Governor to survey the ship shall be accompanied by such
person as the Consular Officer,or the owner,agent,or master,
may select;and in such case if the surveyor and such person
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,agent,or master
shall have the like appeal to the Court of Survey touching the
report of the surveyor as is hereinbefore provided;and
(3.)where the owner,agent,or master of the ship appeals to the
Court of Survey ,the Consular Officer,on the request of such
owner,agent,or master,or,if there is no such Consular Officer,
the owner,agent ,or master,may nominate any competent person
or persons to be a member or members of the Court of Survey,
not exceeding two.
PART V.
MARINE COURTS AND COURTS OF SURVEY.
Marine Courts.
19.-(1.)It shall be lawful for the governor,from time to time and
whenever occasion may arise or require,by warrant under his hand and
the Seal of the Colony,to form a Court(which shall be called 'The
Marine Court') to make investigations as to shipwrecks or other
casualties affecting ships or to inquire into charges of incompetency or
misconduct on the part of masters,mates,or engineers of ships. (2.)Such Court shall consist of not more than five or less than three
members,of whom one shall be a Stipendiary Magistrate and President
of the Court,and one or more a commissioned officer or officers in the
Royal Navy,and the remainder masters of the British mercantile
marine,or such persons of nautical,engineering ,or other special skill or
knowlegde as the Governor may think fit to appoint:Provided alwars
that where any investigation involves or appears likely to involve any
question as to the cancellation or suspension of the certificate of a master,
mate,or engineer,the Court shall include not less than two members
having experience in the merchant service.
(3.)Each of the unofficial members of such Court shall be paid,out of
the Colonial Treasury,the sum of ten dollars a day,or such other sum
as the Governor may,in any special case,direct,during each day that
the Court may hold its sitting.
(4.)For the purpose of an investigation under this Part,a shipping
casualty shall be deemed to occurr-
(a.)when on or near the coasts of the Colony any ship is lost,
abandoned,or materially damaged;
(b.)when on or near the coasts of the Colony any ship has been
stranded or damaged,and any witness is found in the Colony;
(c.)when on or near the coasts of the Colony any ship causes loss
or material damage to any other ship;
(d.)when any loss of life ensues by reason of any casualty happen-
ing to or on board any ship on or near the coasts of the Colony;
(e.)when in any place any such loss,abandonment,material
damage,or casualty as above mentioned has occurred,and any
witness is found in the Colony;
(f.)when in any place any British or Colonial ship has been stranded
or damaged,and any witness is found in the Colony;and
(g.)when any British or Colonial ship has been lost or is supposed
to have been lost,and any evidence is obtainable in the Colony
as to the circumstances under which she proceeded to sea or was
last heard of.
(5.)In any of the following cases;that is to say,-
(a.)where a shipwreck or casualty occurs to a British or Colonial
ship on or near the coasts of the Colony or to a British or Colonial
ship in the course of a voyage to the Colony;
(b.)where a shipwreck or casulty occurs in any part of the world
to a ship registered in the Colony;
(c.)where some of the crew of a British or Colonial ship which has
been wrecked or to which a casualty has occurred,and who are
competent witnesses to the facts,are found in the Colony;
(d.)where the incometency or misconduct has occurred on board a British or Colonial ship on or near the coasts of the colony or on
board a British or Colonial ship in the course of a voyage to the
Colony;
(e.)where the incompetency or misconduct has occurred on board a
ship registered in the Colony;and
(f.)where the master,mate,or engineer of a British or Colonial
ship who is charged with incompetency or misconduct on board
that ship is found in the Colony,
it shall be lawful for such Court to make investigation respecting such
shipwreck or casualty and to hear and inquire into any such charge of
incompetency or misconduct,and for such purposes the Court shall have
the same jurisdiction over the matter in question as if it had occurred
within its orinary jurisdictin ,but subject to all provisions,restrictions,
and conditions which would have the powers applicable if it had so occurred.
Such Court shall also have the powers given by section 729 of the Mer-
chany Shipping Act,1894,to inspectors appointed by the Board of Trade,
as well as all the powers of a Stipendiary Magistrate acting as a Court of
Summary Jurisdiction.
(6.)An inquiry shall not be held under this section into any matter
which has once been the subject of an investigation or inquiry,and has
been reported on by a cometent court or tribunal in any part of Her
Majesty's dominions,or in respect of which the certificate of a master,
mate,or engineer has been cancelled or suspended by a naval court.
(7.)Where an investigation or inquiry has been commenced in the
United Kingdom with reference to any matter,an inquiry with reference
to the same matter shall not held under this section.
(8.)The certificate of a master,mate,or engineer may be cancelled or
suspended-
(a.)if the court finds that the loss or abandonment of,or serious
damage to,any ship,or loss of life,has been caused by his wrong-
ful act or default;or
(b.)if the Court finds that he is incompetent,or that he has been
guilty of any gross act of misconduct,drunkenness,or tyranny,or
that,in a case of collision,he has failed to render such assistance
or give such information as is required under section 422 of the
Merchant Shipping Act,1894.
(9.)Where any case before any such Court as aforesaid involces a
question as to the cancelling or suspending of a certificate,the Court
shall,at the conclusion of the case or as soon afterwards as possible ,state
in open Court the decision to which it has come with respect to the can-
celling or suspending thereof.
(10.)The Court shall in all cases send a full report on the case,with the
evidence ,to the Board of Trade,and shall also,if it determines to cancel or suspend any certificate,send the certificate cancelled or suspended to the
Board of Trade or other authority by whom the certificate was granted.
(11.)A certificate shall not be cancelled or suspended by a Court
under this section,unless a copy of the report,or a statement of the case
on which the investigation or inquiry has been ordered,has been furnished,
before the commencement of the investigation or inquiry,to the holder of
the certificate.
(12.)The Board of Trade may order the re-hearing of any inquiry
under this section in like manner as they may order the re-hearing of a
similar investigation or inquiry in the United Kingdom,but if an appli-
cation for re-hearing either is not made or is refused,an appeal shall lie
from any order or finding of the Court or tribunal holding the inquiry to
the High Court in England: Provided that an appeal shall not lie-
(a.)from any order or finding on an inquiry into a casualty affect-
ing a ship registered in a British possession;or
(b.)from a decision affecting the certificate of a master,mate,or
engineer,if that certificate has not been granted ,either in the
United Kingdom or in a british possession,under the authority
of the Merchant Shipping Act,1894.
(13.)It shall be duty if the person who has applied for a Marine
Court to superintend the management of the case and to render such
assistance to the Court as is in his power.
(14.)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,supersede the master
of any British or Colonial 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 without the consent of the
consignee of the ship,if within the Colony;
(b.)it may discharge any mate,engineer,or seaman from his ship;
(c.)it may order the wages of any mate,engineer,or seaman so
discharged,or any part of such wages ,to be forfeited,and may
owner or to be paid into the Colonial Treasury;and
(d.)it may make such order as it thinks fit respecting the costs of
the investigation or any part thereof,and such order shall be en-
forced by the Court in the same way as an order for costs under
the Magistrates Ordinance,1890.
(15.)Each member of the Court shall either sign the report made on
any investigation under this section or report to the Governor his reasons
for dissent therefrom.
(16.)Every master,mate,or engineer whose certificate is suspended
or cancelled in pursuance of this Ordinance shall,on the demand of the Court,deliver his certificate to the Court,or,if it is not demanded by
the Court,deliver it to the Governor or as he directs,and in default shall
for each offence be liable to a penalty not exceeding two hundred and
fifty dollars.
(17.)Where an investigation into the conduct of a master,mate,or
engineer,or into a shipping casualty,has been held under this Ordi-
nance or any Ordinance amending the same,the Governor may,in any
case,and shall,if new and important evidence which could not be pro-
duced at the investigation has been discovered or if for any other reason
there has,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,and either by the Court by which it was heard in the first
instance,or by a Marine Court to be appointed under this section,or by
a Judge of the Supreme Court of the Colony in its Admiralty Jurisdic-
tion,and the case shall be so re-heard accordingly.
(18.)The Governor-in-Council may from time to time make general
rules for carrying into effect the enactments relating to formal investiga-
tions into shipping casualties and intpo charges opf incompetency or mis-
conduct,and in particular with respect to the procedure,the parties,the
persons allowed to appear,the notice to such parties and persons or to
persons affected,and the amount and application of fees:Provided that,
unless and until other rules are made,the general rules in Table G of
the Schedule to this Ordinance shall apply.
(19.)Every formal investigation shall be conducted in such a manner
that,if a charge is made against any person,that person shall have an
opportunity of making a defence.
Courts of Survey.
20.-(1.)It shall be lawful for teh Governor,from time to time and
whenever occasion may arise or require,to appoint a Court of Survey in
the same manner and composed of the same persons as in the case of
a Marine Court,and in such case the following provisions shall have
effect:-
(a.)the case shall be heard in open Court;
(b.)each member of the Court may survey the ship,and shall have
for such purpose all the powers of an inspector appointed by the
Board of Trade under the Merchant Shipping Act,1894;
(c.)the Court may,in its discretion,order the ship to be surveyed,
and may appoint any competent person or persons to survey the
ship and report thereon to the Court,and such person or persons
may,in case of disagreement,be appointed by a majority of the
members;
(d) the court shall have the same power as the governor has to
order the ship to be released or finally detained, but unless a
majority of the members of the court concur in an order for the
detention of the ship, the ship shall be released; and
(e) the owner or agent and the master of the ship, and any person
appoint by the owner, agent, or master, may attend at any
inspection or survey made in pursuance of this section.
(2) the Governor-in-Council may from time to time make general
rules for carrying into effect the provisions of this ordinance with
respect to a court of survey and appeals thereto, and in particualr with
respect to the summoning of and procedure before the court, the requiring
on an appeal, nder section 17(5)(d) or (e), secrutiy for costs
and damages, and the amount and application of fees: provided that,
unless and until other rules are made, the general rules in table H of
the schedule to this ordinance shall apply.
(3) the court may make such order with respect to the costs of any
investigation under this section as it may think fit, and such costs shall
be paid accordingly, and shall be recoverable in the same manner as a
civil debt pursuant to the provisions of the magistrates ordinance, 1890.
(4) nothing in this section shall be deemed to affect in any way the
admiralty jurisdiction of the supreme court of the colony.

PART VI.
REGULATION AND CONTROL OF THE WATERS OF THE COLONY AND OF
VESSELS USING THE SAME.
Ports of the colony.
21 the governor may from time to time, as he may see fit, declare,
by notication in the gazette, certain places in the waters of the colony
to be ports of the colony; and no master of any ship or junk shall,
except from stress of weather or some other sufficient cause, anchor at
any other place in the waters of the colony.

duteies of master.

22(1) the master of every merchant ship arriving, within signal
distance of the signal station at gap rock or cape D'aguilar, and
intending to enter any port of the colony, shall hoist her national
colours and her house flag or her number, and shall keep the same
flying while passing the signal station. he shall also hoist her national
colours when entering any port of the colony, and shall keep the same
flying until the ship has been entered at the harbour master's office. (2) every such master shall, on the arrival of his ship within the
waters of the colony, allow and assist on board without delay the
harbour master and the health officer of the port as soon as they
come alongside, and shall furnish the harbour master with such information
as may be required in accordance with table K(a) in the
schedule to this ordinance; and every master or any officer of the ship
who delays, obstructs, or impedes the harbour master or health officer,
or refuses to give such information as may be required, or gives false
particulars shall be guilty of an offence against this ordinance and shall
be punishable accordingly.
(3) subject to the provisions of section 28, every such master shall
take up the berth pointed out by the harbour master or by any person
sent on board by him for that purpose, and shall moor his ship there
properly, and shall not move to take up any other berth without his
permission, except in case of necessity, to be decided by the harbour
master, and in default shall be liable to a penalty not exceeding $100;
and he shall remove his vessel to any new berth when
required to do so by the harbour master, and in default, without
reasonable cuase therefor, shall be liable to a penalty not exceeding
$20 for every hour that the vessel remains in her old berth,
after notice to remove, under the hand of the harbour master, has been
given on board of her. it shall also be lawful for the harbour master
to require all ships, including ships of war of any foreign nation, to
anchor or secur in such place as he may direct or to prohibit their
anchoring or securing in any particular place.
(4) every such master shall, within 24 hours after arrival
at any port of the colony, enter his ship at the harbour master's office
or, if the said office is closed, as soon as possible after it is again open for
business, and, in the case of a british or colonial ship or of a foreign ship
which is not represented by a consular officer, shall deposit there the
ship's articles, list of passengers, ship's register, clearance from last port,
and true copy of manifest, if required. in the case of a foreign ship
represented by a consular officer, the said papers shall be lodged by
the master at the proepr consulate. any master who offends against
the provisions of this sub-section shall be liable to a penalty not exceeding
$200.
(5) every sch master shall immediately strike spars, clear hawse,
or shift berth, and generally follow such directions as, having regard
to the state of the weather, the condition of the port, or any other
circumstances, the harbour master may deem it necessary to give with
a view to the safety of the shipping and the proper regualtion thereof;
and any master who wilfully disobeys or neglects this regulation shall
be liable to a penalty not exceeding $200. (6) every such master about to proced to sea shall, where practicable,
hoist a 'blue peter' not less than 18 hours before the time of
intended departure, and shall give notice thereof, and, if required, shall
state the nature of the intended voyage and the general description of
the cargo, to the harbour master, who, if there is no reasonable objectin,
will furnish a port clearance, return the ship's papers, and attest the
manifest, if necessary; and any master having obtained such clearance
and not sailing within 36 hours thereafter shall report to the
harbour master his reason for not sailing, and shall re-deposit the ship's
papers, if required. any master who wilfully neglects or disobeys this
regulation, or wilfully gives false information, or goes to sea without
having obtained a port clearance shall be liable to a penalty not exceeding
$250: provided that nothing in this sub-section shall be held to apply
to any ship arriving when the harbour master's office is closed for business,
but in such case the master shall cause such
arrival and departure to be reported to the harbour master as soon as practicable.

quarantine.

23(1) the Governor-in-Council may from time to time make such
regulations as the Governor-in-Council may deem necessary for maintaining
and enforcing an effectual quarantine in the ports and waters of the
colony, and for the setting apart of suitable places in available situations
for quarantine stations and providing for the detention and seclusion
in such places of persons, whether actually suffering from disease or not,
arriving on board vessels subjected to quarantine, and for the payment
to the government by the owner or agent of any such vessel of an such
costs and expenses charged or incurred for the medical attandance and
maintenance of any person removed to any hopital or other place:
provided that, unless and until other regulations are made, the regualations
in talbe L of the schedule to this ordinance shall apply.
(2) every person who offends against any such regualtions, except
regulation No. 16 of the said table L, shall, on summary conviction
before a stipendiary magistrate, be laibe to a penalty not exceeding $2000,
or to imprisonment, with or without hard labour, for any
term not exceeding 12 months, or, at the discretion of the stipendiary
magistrate, to both penalty and imprisonment; and the captain superintendent
of police, and any officers whom he may appoint for the
purpose of enforcing quarantine, shall have the same powers to prevent
the commission of breaches of suc hregulations, and to arrest, recapture,
or detain offenders against them, and may be used by any person for the
prevention of any felony or the arrest, recapture, or detention of a felon. (3) all costs and expenses charged or incurred under regulation No.16
of the said Table L may be recovered in the summary jurisdiction of
the supreme court at the suit of the colonial treasurer.

fairways.

24 no vessel of any description, whethr a ship of war or otherwise,
shall be allowed to anchor within any fairway which is set apart by the
harbour master for the passage of vessels; and the master or other person
in charge of any boat or other vessel dropping anchor in or otherwise
obstructing such fairway shall for each offence be liable to a penalty not
exceeding $50 and, in default of payment thereof, to imprisonment,
with or without hard labour, for any term not exceeding one month.

safety of ships and prevention of accidents.

25(1) every junk, when udner way within the waters of the
colony, shall, from sunset to sunrise, cause to be exhibited, at a height
not less than 20 ft above the hull, a bright whith light, visible all
round the horizon at a distance of at least one mil, and for each omission
or neglect to do so the master or person for the time being in charge
shall be liable to a penalty not exceeding $100.
(2) every ship, hulk, junk, or other vessel, (not being a boat propelled
by oars), being at anchor, or at moorings, or alongside of any wharf in
thee waters of the colony, shall, from sunset to sunrise, if under 150 ft
in length, carry forward where it can best be seen,
but at a height not exceeding 20 ft above the hull, a bright white
light, visible all round the horizon at a distance of at least one mile, and,
if of 150 ft or upwards in lenght, shall carry such
light at a height not less than 20 and not exceeding 40 ft above
the hull, and, in addition, a similar light at or near the stern, at sucha
height that it shall not be less than 15 ft lower than the forward
light, and in default the owner or master shall be liable to a penalty
not exceeding $100.
(3) in the case of police assistance being required on board any ship,
owing to an outbreak of fire or to a riot or disturbance which the master
and his officers are unable to quell, if by day, the signal flag S of the
commerical code shall be hoisted, and, if by night, 3 lights in a
vertical line, the highest and lowest red and the middle light white; the
day signal may be supplemented by the signal NM 'I am on fire,' or
YF 'want assistance - mutiny,' and the night signal by a 'flare-up'
every minute i nthe case of fire or 'blue lights' in the case of disturbance.
a continuous sounding with any fog signal apparatus may,
in addition, be adopted to attract attention in either case.

(4) the Governor-in-Council may from time to time make rules reegulations,
or orders ofr the protection, management, and navigation of the
waters of the colony, for the better and more effectual keeping of order
therein, and for the prevention of any nuisance i nthe same: provided
that, unelss and until other rules are made, rescinded, or varied, the
rules in table M of the schedule to this ordinance shall apply.

offences in the waters of the colony.

26(1) in the following cases; that is to say,-
(a) if any person unlawfully cuts, damages, or destroys any of the
ropes, cables, cordage, tackle, headfasts, or any other furniture of
or belonging to any vessel lying in the waters of the colony, with
intent to steal or otherwise unlawfully obtain the same or any
part thereof; or
(b) if any person, for the purpose of preventing seizure or discovery
of any materials, furniture, stores, or merchandise belonging to
or having been part of the cargo of any vessel lying in the waters
of the colony or of any other articels unlawfully obtained frm
any such vessel, wilfully lets fall or throws into the waters afresaid, or
in any other manner conveys away from any vessel,
wharf, quay, or landing place, any such article, or if any person
is accessory to any such offence; or
(c) if any person casts or deposits any dead body, ballast, rubbish,
or other substance into the waters of the colony, or neglects
within a reasonable time to remvoe any sunken vessel or other
obstruction in the said waters belonging to him or in his cahrge
or keeping; or
(d) if any person, not being in her majesty's service and not being
duly authorized by law for the purpose, goes on board any ship
within the waters of the colony, without the permission of the
master or officer in charge of such ship; or
(e) if any person, not being in her majesty's service, makes fast
to or cuases to be made fast to a ship under way within the waters
of the colony any boat or other vessel, without thepermission of
the master or officer in charge of such ship; or
(f) if any person in charge of any boat plying for hire receives or
lands passengers after 8 o'clock at night and before gun-fire
in the morning, except at such wharf or wharves as may from
time to time be specified by regualtions which the Governor-in-Council
is hereby empowered to make or except at any private
wharf with the consent of the owner thereof;
such person shall be liable to a penalty not exceeding $50 or to
imprisonment, with or without hard labour, for any term not exceeding 2 months. any constable may take into custody any person offending
against paragraph (b) of this sub-section, and may seize and detain any
boat in whic hsuch person is found or out of which any articles is let fall,
thrown, or conveyed away. it shall be lawful for the master or other
person in charge of any ship to take into custody and deliver up forthwith
to any constable any person offending aginast paragraph (d) of this
sub-section. unless and until other regulations are made, the regulations
in table N of the sechedule to this ordinance shall be the regulations
referred to in paragraph (f) of this sub-section.
(2) in the following cases; that is to say,-
(a) if any steam-launch, junk, or other vessel is found alongside of
any public wharf or landing-place (except while taking on board
or landing passengers or cargo), or lying off the same so as to
prevent the free access of other vessels thereto; or
(b) if any lighter, junk, or boat is mored or at anchor at a distance
of less than 100 yards from low water mark of such part
of the colony as may be declared by regulation to be made by
the Governor-in-Council, between the hours of 9 o'clock at
night and gun-fire in the morning: (provided that nothing
herein contained shall be construced to extend to any lighter,
junk, or boat moored or at anchor alongside of any private wharf
with the consent of the owner thereof),
the ownber, master, or other person in charge of such steam-launch, lighter,
junk, boat, or other vessel shall be liable to a penalty not exceeding $50
or to imprisonment, with or without hard labour, for any term not
exceeding 2 months.
(3) except as is hereinbefore providied by section 25(3) or except
in case of ships of war, no cannon, gun, firearm, or firework of any
description shall be discharged, without the sanction of the harbour
master, within such portions of the waters of the colony as the governor
may from time to time by regulations prescribe, from any ship, junk, or
boat, under a penalty not exceeding $200: provided
that, unless and until other regulations are made, the regulations in
table O of the schedule to this ordinance shall apply.

removal of obstructions.

27 the harbour master may, by written notice, require any person
to remove, within a reasonable time to be specified in such notice, any
obstruction, whether floating, submerged, or sunk, in the waters of the
colony, caused by such person or belonging to him or in his charge or
keeping; and if such person fails to remove the obstruction within the
specified time, the harbour master shall cause the obstruction to be re- moved, and may recover the expenses of removal from the person named
in the notice; or, if no such person can be found, the obstruction, when removed
by the harbour master, amy be sold to defray the expense of such
removal.

moorings and buoys.

28(1) it shall be lawful for the harbour master to place in the
waters of the colony such government moorings and buoys as may be
approved by the governor, and to allow the use thereof on such terms
and conditions and for such fees as the governor-in-council may direct.
(2) no person shall keep or place moorings or buoys in the waters of
the colony except with the sanction of the harbour master, and except
on the conditions contained in table O (a) of the schedule to this
ordinance, or such other conditions as may be prescribed by the
governor-in-council under sub-section (6) of this section. such
moorings and buoys shall be of such nature and construction as the
harbor master may approve.
(3) no person shall moor or anchor hulks or vessels of like description
within the waters of thecolony except with the sanction of the harbour
master, and except on such conditions and subject to the paymet of
such fees as the governor-in-council may direct.
(4) moorings and buoys sanctioned by the harbour master under
sub-section (2) of this section shall not be made use of by any ship other
than the ships of the person to whom such sanction has been granted,
except with the consent of such person or by the direction of the harbour master;
and the master of any ship using any such moorings and
buoys withoutt such consent or direction shall be liable to a penalty of
$20 per day for every day or part of a day during which he
so uses such moorings and buoys, after he has been requeted to remove
therefrom.
(5) until the governor otherwise directs, the fees under sub-section
(3) of this section of hulks and vessels of like description shall be the
same as for lighters in table U of the schedule to this ordinance.
(6) the governor-in-council shall have power to make rules regualting
the terms, conditions, and fees for any of the purposes mentioned
in this section, and to alter or revoke the conditions contained in the said
table O (a).

fishing stations, fishing stakes, and fishing stake-nets, and
fishing general

29(1) it shall be lawful for the governor-in-council to make rules
for the registration, licensing, erection, maintendance, management,
working, and control of fishing stations, fishing stakes, and fishhing stake- nets in the waters of the colony, prescribing the places where the
same may be erected, the distances to be observed from the shore and
form other stakes, and the depth of water for stakes, the removal of such
stakes when out of repair or not in use, the lighting of such stakes at
night, the removal, repairing, and cleaning of such stakes, and otherwise
generally for all ppurposes, whether ejusdem generis with the above
purposes or not, connected with stations and stakes and stake-nets.
(2) any fishing station, stake, or stake-net established, renewed,
altered, or repaired contrary to the provisions of this ordinance or of
any rule made thereunder may be removed by the harbour master; and
the owner or occupier of any such station, stake, or stake-net, in addition
to any other penalty to which he is liable udner this section, shall be
bound, if required to do so by the harbour master, to pay the expenses
of such removal, and such expenses may, if the harbour master thinksfit, be
recovered by the harbour master or any person deputed by him
for that purpose, by summary distress upon the property of such owner
or occupier and by the sale of a sufficient portion of such property to
pay such expenses.
(3) it shall be lawful for the governor-in-council to make rules
establishing tables of fees to be charged for licences for fishing stations
and stakes and stake-nets, according to their extent, situaion, and
methods.
(4) it shall be lawful for the governor-in-council to make rules
for the management, working, and control of all fishing operations
generally in the waters of the colony.
(5) every person who disobeys any of the provisions of this section
or of any rule made by the governor-in-council under this section shall,
on summary conviction before a stipendiary magistrate, be liable to a
penalty not exceeding $50 for every offence and, in deault of
payment of such penalty, shall be liable to imprisonment, with or without
hard labour, for any term not exceeding 3 months.

power of police.

30(1) it shall be lawful for the captain superintendent or any
officer of police not below the rank of inspector, and for the harbour master
or assistant habour master, to enter at all times, with such constables
as he may think necessary, as well by night as by day, into and upon every
ship, boat, junk, or other vessel (not being a ship of war or a vessel having
the status of a ship of war) in the waters of the colony, and into every
part of such ship, boat, junk, or other vessel, for the purpose of inspection,
and of directing the conduct of any member of the police force
who may be stationed on board, and of inspecting and observing the conduct of all other persons who may be employed on board, in or about
lading or unlading, 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, and for the
effectual prevention or detection of any felonies or misdemeanors.
(2) it shall be lawful for the captain superintendent or other officer
of police, not below the rank of sergeant, having just cause to suspect
that any felony or misdemanor has been or is about to be committed
in the water of the colony, to enter at all times, as well as by night
as by day, into and upon any ship, boat, junk, or other vessel (not being a
ship of war or a vessel having the status of a ship of war), and to take into
custody all persons suspected of being concerned in such felony or
misdemeanor, and to take charge of any propery suspected of having
been stolen or unlawfully obtained.
(3) where, under this section, authority is given to any officer to
enter upon any ship, boat, junk, or other vessel, such officer may require
the master or person in charge to stop such ship, boat, junk, or
other vessel to enable him to make such entry. any master or person
in charge who refuses or wilfully neglects to comply with such requirement shall
be liable to a penalty not exceeding $200.

PART VII.
LIGHTHOUSES, BUOYS, AND BEACONS.

31(1) in the construction of this part-
'lighthouses,' in addition to the ordinary meaning of the word,
include lightships and all floating and other lights exhibited for
the guidance of ship:
'buoys and beacons' include all other marks and signs of the sea.
(2) it shall be lawful for the governor to erect and maintain within
the colony such lighthouses, buoys, or beacons for the guidance of ships,
and to lay, erect, and maintain such cables, wires, and other necessary
apparatus for the purpose of telegraphic or other communication in connexion
therewith or for any other pupose, as the governor-in-council may think necessary.
(3) it shall be lawful for the governor from time to time, with the
assent of the legislative council, to raise by way of public loan, on the
security of the general revenues of the colony, such sums of money as
may be necessary for the purposes aforesaid, and every loan so raised
shall be a charge upon the said colonial revenues. (4) it shall be lawful for the governor, in the meanwhile, with such
asent as aforesaid, to order the payment, by way of temporary advance,
out of any moneys for the time being in the colonial treasury, of such
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
money so advanced out of the general revenues of the colony shall be
repaid into the colonial treasury out of the sums which may be
raised by way of loan under the provisions in that behalf hereinbefore
contained.

light and other dues.

32(1) the owner, agent, or master of every ship which enters the
waters of the colony shall pay such dues as may from time to time be
fixed by order of the governor, pursuant to resolution of the egislative
council, to such officer as the governor may from time to time appoint
to collect the same, and the same shall be paid by such officer into the
colonial treasury: provided that, unless and until such order is made,
the dues in table P in the schedule to this ordinance shall be payable.
all british and foreign ships of war and all vessels of less than 20
tons shall be exempt from the payment of the said dues.
(2) it shall be lawful for the governor, by order-in-council,-
(a) to fix or alter the times, places, and modes at and in which the
dues receivable are payable;
(b) to exempt any ships or classes of ships from such payment and
to annex any terms or conditions to such exemptions; and
(c) 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.
(3) tables of all dues, and a copy of regulations for the time being in
force in respect thereof, shall be posted up at the harbour master's
office.
(4) a receipt for the said 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 grant a clearance to any ship unless the receipt for the
same is produced to him.
(5) if the owner, agent, or master of any ship fails, on demand of the
authorized collector, to pay the said 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 dues are paid; and, if payment of
the same is not made within the period of 3 days next ensuing such distress, the collector may, at any time duing the continuance of such
non-payment, cause the distress to be appraised by 2 sufficient persons,
and thereupon sell the same, and apply the proceeds in payment of the
dues due, together with reasonable expenses incurred by him under this
section, paying the suplus, if any, on demand, to the said owner, agent,
or master.
(6) in order to ascertain the burden of any ship liable to pay dues
under this section, the person authorized to collect such dues may require
the owner or master to produce the register of such ship for the inspection
of such person, and, on the refusal or neglect of such owner or master
to produce such register or to satisfy the person authorized to collect such
dues 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 owner or
master thereof, and such expense shall be recoverable in the same manner
as dues payable under this section; and such measurement shall be
deemed to be the real burden of the ship, and may be treated as such
for all the purposes of this section.
(7) the master of any ship who-
(a) departs or attempts to depart from any port of the colony
leaving unpaid the dues required to be paid under the provisions
of this section; or
(b) refuses to have his ship measured to ascertain here burden in
tons; or
(c) obstructs any person in he duties of his office,
shall be liable to a penalty not exceeding $200.

damage to lights, buoys, and beacons, cables, etc.

33(1) if any person wilfully or negligently commits any of the
following offences; that is to say,-
(a) injures any lighthouse or the lights exhibited therein, or any
buoy or beacon, or any cables, wires, or other apparatus, either
in connexion therewith or otherwise; or
(b) removes, alters, injures, or destroys any lightship, buoy, or
beacon, or any cables, wires, or other apparatus, either in connexion
therewith or otherwise; or
(c) rides by, makes fast to, or runs foul of any lightship, buoy, or
beacon,
he shall, in addition to he expenses of making good any damage so
occasioned, incur a penalty not exceeding $250.
(2) the governor-in-council may from time to time make regulations
necessary for the protection of any telegraph cables or wires, either in
connexion with any lighthouse, lightship, buoy, or beacon, or otherwise. gap rock lighthouse.

34 the powers and provisions contained in section 31 to 33, both
inclusive, in respect of lighthouses, buoys, beacons, cables, wires, or
other apparatus in connexion therewith, and dues, within the colony,
shall equally aply to the lighthouse upon an island commonly known
as the gap rock, situate about 23 miles from the colony,
within the dominions of the emperor of china, and any cables, wires,
and other apparatus for the purpose of telegraphic or other communication
in connexion therewith.

prvention of false lights.

35(1) whenever any fire or light is burnt or exhibited at such
place or in such manner as to be liable to be mistaken for a light proceeding
from a lighthouse, it shall be lawful for the harbour master to
serve a notice on the owner of the place where he fire or light is burnt
or exhibited or on the person having charge of such fire or light, either
personally, or by delivery at the place of abode of such owner 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 reasonable
time to be therein specified, to take effectual means for the extinguishing or
effectually secreening such existing fire or light, and for the preventing for
the future any similar fire or light; and any owner or person who disobeys
such notice shall be deemed guilty of a common nuisance, and, in
addition to any other penalties or liabilities of any kind thereby incurred,
shall be liable to a penalty not exceeding $500 or to 6 months'
imprisonment, with or without hard labour.
(2) if any owner or person served with such notice as aforesaid neglects, for
a period of 24 hours, to extinguish or effectually screen
the fire or light 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 fire or light, doing no
unnecessary damage; and all expenses incurred by the harbour master
in such extinction may be recovered from such owner or person as
aforesaid.

PART VIII.
IMPORTATION AND STORAGE OF EXPLOSIVES.

36(1) the governor may provide, at the expense of the colony,
all necessary vessels and buildings for the storage of gunpowder and
other explosives. (2)such vessels or buildings shall, for the purposes of this section,
be termed 'the government gunpowder depot,' and shall be udner
the control and management of the harbour master, subject to such
orders as may from time to time be received from the governor; and
such vessels or buildings shall be fitted and manned in such maner as
the harbour master, with the approval of the governor, may deem
expedient.
(3) it shall not be alwful for the master of any vessel to anchor
such vessel within 500 yards of any government gunpowder
depot, except by permission of the habour master.
(4) the master, agent, or consigness of every vessel arriving in the
colony, having on board thereof as cargo any quantity of gunpowder or
other explosives, shall, immediately on arrival and before the discharge
from the vessel of any of such gunpowder or other explosives, furnish
the harbour master with a copy of the manifest of the same, the marks
of all the packages, and the names of the consignees, if he knows the
same.
(5) the master of every such vessel shall, on arrival, take the same
to the gunpowder anchorage or to the place which may be pointed out to
him by the harbour master, and the said vessel shall not be removed
therefrom without the permission of the harbour master until here
cargo of explosive has been discharged or for the purpose of going
the sea.
(6) the master of every vessel having on board as cargo gunpowder
or other explosives, and whilst engaged in the transshipment of the same,
shall exhibit a red flag at the hightest masthead.
(7) it shall not be lawful for the master of any vessel having on board
as cargo gunpowder or other explosive to anchor such vessel whithin 500
yards of any other vessel, except by permission of the harbour
master.
(8) the master of every vesel about to take on board as cargo any
quantity of gunpowder or otherexlosives shall give notice to the
harbour master, and shall take the said vessel into the gunpowder
anchorage or into such other anchorage as the harbour master may
deem expedient, and shall not remove therefrom, except for the purpose
of proceeding on his voyage or for some other sufficient cause, to be
approved by the harbour master.
(9) no gunpowder or other explosives shall be shipped, landed, or
transshipped, within the waters of the colony, between the hours of 6
o'clock in the evening and 6 o'clock in the morning, from october to
march inclusive, or between the hours of 7 o'clock in the evening
and 5 o'clock in the morning, from april to september inclusive,
except with the permission in writing of the harbour master. (10) it shall not be lawfl for any person, without the permission in
writing of the governor, to keep, except at the government gunpowder
depot, for any time, however short, any quantity of gunpowder or other
explosives: provided, nevertheless, that any person may keep for his
private use only, and not for sale, any quantity of gunpowder not
exceeding 20 pounds and an number of safety cartridges not
exceeding 5000.
(11) where any stipendiary magistrate has reasonable grounds for
believing that any gunpowder or other explosive is kept on board any
vessel, or in any house or place, in contravention of this section, he may
grant a warrant to any police officer to enter the same, and thereupon
such officer may so enter and, if necessary, break inot the premises and
search the same.
(12) the governor-in-council is hereby empowered to make rules and
regulations forthe proper carrying out of the provisions of this section,
and for the movement, cariage, landing, shipment, and transshipment of
explosives and te precautions to be taken in connexion therewith, and
to fix and vary from time to time the sums chargable for the storage of
gunpowder safety cartridges, or other explosives. every violation or
neglect of sany such rules or regulations shall render the party so offending
liable to thepenalties imposed by sub-section (14) of this section for
offences against any provisions thereof: provided that, unless and until
other rules are made, the rules and scale of charges in tabel Q and R
respectively of the schedule to this ordinance shall apply.
(13) the sums charged in respect of the storage of such gunpowder
or other explosives shall be paid monthly by the party in whose name the
same is or are stored, and, in the event of non-payment within 21
days after the money has become due and payable, it shall be lawful for
the governor to direct the said gunpowder or other explosives to be sold
in order to defray the expense of storage, and the proceeds thereof, after
deducting all government charges and the expenses of sale, shall be paid
to the party who proves himself entitled thereto, to the satisfaction of the
governor.
(14) every person who violates, or refuses or fails to comply with, the
provisions of this section shall be liable to a penalty not exceeding $300
or to imprisonment for any term not exceeding 6 months.
(15) nothing in this section shall be deemed to invalidate the provisions of
the dangerous goods ordinance, 1873, or any ordinance
amending or substituted for the same, or any rules, regulations, or by-
laws made thereunder.
(16) nothing in this section shall apply to her majesty's ships of
war, or to the ships of war of any foreign nation, or to hired armed vessels in her majesty's service or in the service of any foreign nation, or to
any government stores.
(17) the expression 'gunpowder anchorage', as used in this section,
means the anchorage on the south side of stonecutters' island, to the
west of a line from which the white rock bears north and to the north
of a line from which the shears at the kowloon naval yard bear east.

PART IX.
STEAMSHIPS NOT EXCEEDING SIXTY TONS AND RIVER STEAMERS.
steamships not exceeding sixty tons.

37(1) it shall not be lawful for any steamship not exceeding 60 tons
to ply for hire within the waters of the colony, or to any place out
side the waters of the colony, unless she has obtained a licence as hereinafter
provided; and in case any such steamship is so employed as aforesaid
without such licence, the owner, master, or person in charge thereof
shall be liable to a penalty not exceeding $500: provided
that if such steamship has obtained a certificate of imperial or colonial
registry under the provisions of the merchant shipping act, 1894, or
of section 3 of this ordinance, a licence shall not be required, unless it is
intended that she shall carry passengers for hire.
(2) it shall be lawful for the habour master to grant to the owner
of any steamship not exceeding 60 tons a licence authorizing such
steamship to ply for hire and carry passengers during such period and
subject to such conditions as are named in the licence and to such
regulations as may for the time being be in force under this section:
provided that no such licence shall be granted unless the intended
licensee enters into a bond, together with one or more sureties
resident in the colony and to be approved of by the harbour master,
conditioned in any sum not exceeding $1500 for the observance of the
conditions of such licence: provided, also, that,
in the case of a colonial ship registered under section 3 of this ordinance,
the said bond shall not be required if the registered owner is a person
qualified to be the owner of a british ship under the terms of section 1
of the merchant shipping act, 1894.
(3) the regulations contained in table E of the schedule to this
ordinance shall continue in force until altered or repealed as hereinafter
provided.
(4) the governor-in-council may from time to time alter, amend, or
repeal the said regulations or any of them, and may make other regulations
as he may deem requisite. (5) if any steamship licensed under this section carries within the
waters of the colony more passengers than her licence allows, the owner
or master thereof shall be liable to a penalty not exceeding $250.
(6) if any unlicensed steamship not exceeding 60 tons carries within
the waters of the colony more passengers, in proportion to her size, than
she would be licensed to carry under the regulations for the tie being
in force under this section, the master thereof shall be liable to a penalty
not exceeding $100.
(7) if any steamsip not exceeding 60 tons, whether licensed under
this section or not, plies without a master and engineer, each holding
either a certifiacte of qualification recognized by the board of trade or
a certificate of competency from the harbour master of hongkong as
provided by the said table E, the owner or master thereof shall be liable
to a penalty not exceeding $100 or to imprisonment, with or without
hard labour, for any term not exceeding 3 months.
(8) if any person places an undue weight or pressure on the safty
valve of any steamship not exceeding 60 tons, whether licensed or
not, shall, when under way in the waters of the colony between sunset
and sunrise, exhbit a green light on the starboard side and a red light
on the port side, and a bright white light in the fore part of the ship at
a height above the deck not less than 6 ft, and, if the breadth of the
ship exceeds 6 ft, then at a height above the deck not less than such
breath, so, however, that the light need not be arrried at a greater height
above te deck than 10 ft. these lights shall be constructed, fixed,
and fitted as prescribed from time to time by the regulations for preventing
collisions at sea made by her majesty's order-in-council.
every such steamship shall, when at anchor, between sunset and sunrise,
carry forward, at a height not exceeding 20 ft above the deck, a
bright white light visible all round the horizon at a distance of at least
one mile. every such steamship shall also be provided with an efficient
steam whistle or siren and an efficient bell.
(10) the licence granted by the harbour master to any stampship
under this section may be cancelled by him if at any time the government
marine surveyor reports to the harbour masterthat from any cause the
said ship is unfit for the service for which she is intended, or in the event
of the security given under sub-section (2) of this section becoming
invalid. it shall also be lawful for the governor-in-council at any time,
for any cause which he may, in his discretion, think fit, to suspend, for
such time as he may think fit, or to cancel, the licence granted by the

habour master to any steamship under his section, and the harbour
master shall be notified by the colonial secretary of any such suspension
or cancellation, and shall inform the owner of such steamship accordingly.
the owner of any such steamship who refuses or neglects to give up the
licence of the said ship, after having been informed by the harbour
master thatt the same has been suspended or cancelled, shall be liable to
a penalty not exceeding $100. it shall be lawful for the
harbour master or the government marine surveyor at any time to go
on board any steamship licensed under this section for the purpose of
inspecting the same.
(11) the master of every steamship not exceeding 60 tons shall,
within 18 hours after arrival in the water of the colony, report
such arrival at the harbour master's office or at the nearest 'harbour
master's station,' and shall furnish the particulars hereinafter mentioned,
which shall be entered in a register kept for the purpose; that is to
say,-
(a) the name and capacity of the ship;
(b) the name, address, and description of the owner or owners and
of the master;
(c) the name, address, and description of every consignee or agent,
if any, of the ship and cargo in the colony;
(d) the description of the cargo on board and the number of the
crew; and
(e) the place from which he ship sailed on her voyage to the
colony and the date of here departure from sch place and
of her arrival in the colony.
(12) on complance with the provisions of the last preceding sub-section,
the master of every such ship shall receive an 'anchorage pass,'
and shall forthwith pay a fee of $0.25 for the same, and, in
default of payment htereof, shall be liable to a penalty not exceeding
$10.
(13) no steamship not exceeding 60 tons shall leave any port of
the colony without a clearance or a special permit, unless the safety of
the vessel (through stress of weather) renders it necessary to do so, and
in such case she shall return to here former anchorage when such necessity
for leaving it has ceased.
(14) no such steamship shall leave any port of the colony between
the hours of 6 o'clock in the evening and 6 o'clock in the morning
from october to march inclusive, or between the hours of
7 o'clock in the evening and 5 o'clock in the morning from april
to september inclusive, without a special permit or a special clearance,
to be called a 'night clearance,' for which a fee of one dollar shall be paid. (15) the master of every such steamship about to leave any port
of the colony shall give notice to the harbour master of such intended
departure and of the nature of the proposed voyage, togethe with the
general character of the cargo, and, if there is no reasonable objection,
be will thereupon be furnished with a clearance and shall pay a fee
of $0.25 for the same: provided always that, in case such
steamship does not leave her anchorage within 24 hours thereafter,
the master shall report the same to the harbour master, and the
reason thereof, and shall, if required to do so, regurn the said clearance.
(16) the harbour master amy from time to time, on payment of
a fee of $0.25, grant to any master of a steamship not exceeding
60 tons a permit, to be called a 'special permit,' which shall be a
sufficient warrant or authority for the doing of any act mentioned in
such permit.
(17) every master of a steamship not exceeding 60 tons who-
(a) refuses or fails to comply with any of the provisions of sub-sections
(11) to (15), both inclusive, of this section; or
(b) knowingly gives untrue particulars concerning the information
which he is theeby required to furnish,
shall be liable to a penalty not exceeding $200 or to imprisonment,
with or without hard labour, for any term not exceeding
3 months.
(18) every person who uses any licence, clearance, permit, or other
document granted under the provisions of this section in respect of any
steamship other than the one therein mentioned shall be liable to a
penalty not exceeding $200 or to imprisonment,
with or without hard labour, for any term not exceeding
3 months.
(19) every master or other person in cahrge of any steamship not
exceeding 60 tons who, within the waters of the colony, disobeys any
lawful order which the harbour master may see fit to give shall be
liable to a penalty not exceeding $100.
(20) every person who offends 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, be liable to a enalt not
exceeding $50 or to imprisonment, with or without hard labour, for any term not exceeding
1 months.
(21) sub-sections (11) to (15), both inclusive, and (17) shall not
apply in the case of any steamship not exceeding 60 tons on occasions
when such steamship is being used solely for purposes of pleasure.
(22) the owner of every steamship not exceeding 60 tons not
licensed under this section, but being in the waters of the colony, shall
cause the boilers of such steamship to be surveyed before use, and thenceforth
to be surveyed annually, by the government marine surveyor, the assistant marine surveyor, or some person authorized in that behalf by
the governor, and the requirements of such surveyor shall be complied
with, and thereupon a certificate to that effect shall be given by such
surveyor and shall be produced to the harbour master without unnecessary delay.
(23) the owner, master, or person in charge of any such unlicensed
steamship who uses the same before obtaining such certificate of survey as
is mentioned in the last preceding sub-section shall be liable to a penalty
not exceeding $250.
(24) the owner of any such steamship shall pay into the colonial
treasury a fee of $10 for each survey and certificate thereof made
and given by the government marine surveyor or the assistant marine
surveyor.
(25) the provisions of this section shall not apply to steam-launches
belonging to her majesty or to any foreign government. such
launches, however, when within the waters of the colony, shall comply
with the regulations for preventing collisions at sea made from time to
time by order of her majesty-in-council.

river steamers.

38(1) it shall be lawful for the governor-in-council to grant a
special licence to any river steamer, specifying the number of passengers
whom she may lawfully carry, such number shall be subject to such
conditions as the governor-in-council may from time to time direct by
any regulations to be amde by him for that purpose, and, until such
regualtions are made and so far as the same may not extend, the regu-
altions in table F of the sechedule to this ordinance shall apply.
(2) such special licence shall continue in force during the period in
which the river steamer holding the saem is regularly employed in such
capacity; but such special licence may be revoked by the governor-in-council
on receiving a declaration i nwriting from any government
surveyor that the river steamer holding the same has become unfit
to carry the number of passengers authorized by such licence, or on such
river steamer either ceasing to be regularly employed as such or being
employed otherwise.
(3) the owner or master of any river steamer leaving or entering
the waters of the colony with passengers on board in excess of the
number authorizied by the special licence shall be liable to a penalty not
exceeding $250, and, in addition, to a penalty
not exceeding $5 for every passenger on board in excess of the
number authorized by the special licence. PART X.
JUNKS AND SMALL BOATS.
Junks.
39(1) in the construction of this part-
'licensed junk' means a junk licesed under sub-section(13) or
sub-section (14) of this section and includes any other vessel licensed
under sub-section(15) of this section:
'master' includes any person for the time being in command or
charge of any junk.
(2) branch stations of the harbour master's office shall be maintained
at such places in the colony as the governor may from time to time
determine, which shall be under the superintendence and control of the
harbour master, and shall be called the 'harbour master's stations.'
(3) the harbour master shall, with the approval of the governor,
by regulation to be published i nthe gazette, appoint sutiable anchorages
in the waters of the colony, to be called 'anchorages for junks.'
unless and until the limits of such anchorages are altered by the
harbour master, with the approval of the governor, the limits of anchorages
in table S of the schedule to this ordinance shall be i nforce.
(4) no unlicensed junk shall (except from stress of weather) anchor
at any place within the water of the colony other than at an anchorage
for junks.
(5) every unlicensed junk arriving at any port of the colony shall
immediattely proceed to and take up its berth within the limits of one of
the anchorages for junks.
(6) the master of every junk, whether licensed or not, shall, within
18 hours after arrival in the waters of the colony, report such
arrival at the harbour master's office or at the nearest harbour master's
station, and shall, if licensed, deposit the licence and, if not licensed, furnish
the particulars hereinafter mentioned, which shall be entered in a
register kept for the purpose; that is to say,-
(a) the anem and capacity of the junk(in piculs);
(b) the name, address, and description of the owner or owners and
of the master;
(c) the name, address, the description of every consignee or agent,
if any, of the junk and cargo in the colony;
(d) the description of the cargo on board and the number of the
crew;
(e) the place from which the junk sailed on here voyage to the
colony, and the date of her departure from such place and of her
arrival in the colony; and
(f) whether carrying any, and what, guns, arms, and ammunition. (7) on compliance with the provisions of the last preceding sub-section,
the master shall receive an 'anchorage pass,' and shall forthwith pay the
prescribed fee for the same, and, in default of payment thereof, shall be
liable to a penalty not exceeding $10.
(8) no licensed junk shall leave any port 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)
renders it necessary to do so, and in such case she shall return to her
former anchorage or place in port when such necessity for leaving it has
ceased.
(9) no junk or other chinese craft, whether licensed or not, shall
leave her anchorage or leave or attempt to leave any port of the
colony between the hours of 6 o'clock in the evening and 6 o'clock
in the morning from october to march inclusive, or between the hours
of 7 o'clock in the evening and 5 o'clock in the morning from april
to september inclusive, except in the case of a licensed fishing junk
or fishing-boat which has obtained a permit from the harbour master.
(10) the master of every junk, whether licensed or not, about to leave
her anchorage, at any port of the clony, shall, where practicable,
18 hours before the time of theintended departure of such junk,
hoist at the highest masthead such flag or signal as may from time to
time be specified by the harbour master, and shall also give notice of
such intend departure and the nature of theproposed voyage, together
with the general character of cargo and particulars of any arms, ammunition,
and other such articles on board, at the harbout master's office or
station, as the case may be, at which the anchorage pass of such junk
may have been granted; and he will thereupon, if there is no reasonable
objection and on payment of the prescribed fee, be furnished with a
clearance in exchange for the anchorage pass of such junk, and, if a
licenced junk, the licence thereof will be returned to him: provided
always that, in case such junk does not leave her anchorage within
24 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 required to do so, 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, on payment of
the rescribed fee, grant to any master of a junk a permit, to be called
a 'special permit,' which shall be a sufficient warrant or authority for
the doing of any act mentioned in such permit.
(12) no licence, anchorage pass, clearance, or special permit shall be
used in respect of any junk other than the junk therein specified or for
any purpose or for any period of time other than the one therein mentioned. every master of a junk who knowingly uses or attempts to
use any licenc, anchorage pass, clearance, or special permit which has
not been lawfully obtained shall be imprisoned with hard labour for any
term not exceeding 12 months; and every junk in respect of which
a licence, anchoorage pass, clearance, or special permit has been used or
attempted to be used in violation of this sub-section may, either with or
without the cargo thereof and whether the master has been brought to
trial or not, at the discretion of the court, be forfeited to the crown.
(13) it shall be lawful for the harbour master, in such cases as he
may think fit and on payment of the prescribed fee, to grant to the
owner of any junk a trading licence authorizing such junk to ply between
the colony and other ports or places out of the colony, during such
period and subject to such conditions as the harbour master, with the
approval of the governor, may determine, and which conditions shall be
indorsed on or contained in such licence; and such junk having obtained
a trading licence, the master thereof shall cause the number of such
licence to be painted in black figures 20' in lenght (to the
satisfaction of the harbour master) on a white ground on each bow and
on the stern: provided that no such licence shall be granted unless the
intended licencsee enters into a bond, together with one or more sureties
resident in the colony and to be approved of by the harbour master,
conditioned in any such sum, not exceeding one thousand five hundred
dollars, as the harbour master may require for the obervance of the
conditions of such licence.
(14) it shall be lawful for the harbour master, in such cases as he
may think fit and on payment of the prescribed fee, to grant to the
owner of any junk a fishing licence authorizing such junk to be used solely
as a fishing junk for such period and subject to such conditions as the
harbour master, with the approval of the governor, may dtermine, and
which conditions shall be indorsed on or contained in such licence; and
such junk having obtained a fishing licence, the master thereof shall
cause the number of the said licence to be painted in white figures 20'
in lenght (to the satisfaction of the harbour master) on a black
ground on each bow and on the stern; and every person guilty of a
breach of any such conditions or of the provisions of this sub-section shall
be liable to a penalty not exceeding $100 or, in default of
payment thereof, to imprisonment, with or without hard labour, for any
term not exceeding 1 month, in addition to any forfeitures thereby
imposed.
(15) it shall be lawful for the harbour master to grant to any
vessel other than a junk a licence under the provisions of sub-section(13)
or sub-section(14) of this section in section in any case in which it may
appear to him that the vessel referred to is to be employed in the same or similar manner as a junk, and such vessel being so licensed shall, so long as the
said licence is in force, be considered for all purposes of this ordinance
to be a licensed junk. for any such licence the same fee shall be paid
as for a junk.
(16) any junk or vessel employed for fishing purposes and being
within the waters of the colony shall, unless licensed as aforesaid, be
subject to the provisions of this section relating to the entry and clearance
of junks.
(17) it shall be lawful for the harbour master to order all junks,
lighters, boats, and other vessels of any description whatever to anchor
or secure in such place as he may direct, or to prohibit their anchoring
or securing in any particular place, or to order them to remove to any
other place.
(18) it shall be lawful for the harbour master to give such orders to
all or any junks or other vessels for the proper discipline of the harbour
and for the prevention of disorder or confusion or otherwise as he may,
in his discretion, think fit.
(19) every master of any junk or other vessel, whether licensed or
not, who, when within the waters of the colony, disobeys any lawful
order which the harbour master may see fit to give shall be liable to a
penalty not exceeding $100.
(20) every master of a junk who-
(a) brings into the colny any person who, in the opinion of the
stipendiary magistrate before whom the charge is tried, has come
to the colony for the purposes of mendicancy or any person
suffering from leprosy or any infectious or contagious disease; or
(b) removes any such person from one part of the colony to another,
shall be liable to a penalty not exceeding $10 for each offence,
unless, in the case of any person suffering from any infectious or
contagious disease, such master can show, to the satisfaction of the
magistrate, that he had no reasonable means of knowing that such
person was so suffering.
(21) it shall be lawful for the harbour master or any person deputed
thereto by him, or for any officer or constable of the police force, at any
time to stop and board any junk within the waters of the colony and
demand the production of any licence, anchorage pass, clearance, or
special permit, and in case, by reason, there is ground to believe or
suspect that any provision of the law has been violated by the master of
such junk, or in case the document produced appears, from the date
thereof or from any other cause, to have been violated by the master of
such junk, or in case the document produced appears, from the date
thereof or from any other cause, to have been unlawfully obtained or to
be unlawfully used, to arrest such junk and her cargo and the master of
such junk, and deliver them into custody of the police. (22) every junk the master of which is charged with having violated
the provisions of this section may be forthwith arrested and detained,
unless bail, to the satisfaction of a stipendiary magistrate, is given, until
the said master has either been acquitted of the offence charged or, if found
guilty, has paid the penalty inflicted upon him, and in case he fails to
pay, within 10 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 dedcuting therefrom the expenses of such
sale and the amount of such penalty as aforesaid, shall be paid to the
owner or owners of the junk, if claimed within 12 months from the
date of sale, and, if not claimed within that period, shall be forfeited to
the crown: provided that, in case it is brought to the knowledge of the
magistrate that there is in the colony any consignee or agent of such
junk, no sale thereof shall be made in pursuance of this sub-section until
3 days' previous notice thereof has been given in writing to such
consignee or agent.
(23) every junk forfeited or sold under the provisions of this section
shall be transferred to the purchaser thereof, at his expense, by a bill of
sale from the harbour master, and such bill of sale shall confer upon such
purchaser, his executors, administrators, and assigns, an absolute title to
such junk.
(24) no junk or cargo liable to forfeiture under the provisions of this
section shall be so forfeited unless the offence in respect of which such junk
or cargo is liable to forfeiture is tried by 2 stipendiary magistrates
sitting together, who shall have power, in their discretion, to extend the
period limited by law for an appeal from their decision to the supreme
court, either before or after the expiration thereof.
(25) the governor-in-council is hereby empowered to make such
rules and regulations as to him may seem fit for the proper carrying out
of the provisions of this section, and also from time to time to fix and
vary the fees payable by junks, and to prescribe the forms of all licenses,
passess, clearances, and permits under this section and the conditions of
issuing the same, and to provide adequate means for preventing by force,
when necessary, any junk from leaving the waters of the colony, or nay
port thereof, or any anchorage for junks, in violation of any provision
of this section. unless and until other fees are fixed by the governor-in-council,
fees mentioned in table T of the schedule to this ordinance
shall be deemed to be the prescribed fees.
(26) every master of a junk who violates, or refuses or fails to
comply with, the provisions of sub-section (4) or sub-section (5) of this
section shall be liable to a penalty not exceeding $100 or
to imprisonment, with or without hard labour, for any term not exceeding 1 month. (27) every master of a junk who-
(a) refuses or fails to comply with the provisions of sub-section (6)
or sub-section (10) of this section; or
(b) knowingly gives untrue particulars concerning the information
which he is thereby required to furnish,
shall be liable to a penalty not exceeding $200 or to
imprisonment, with or without hard labour, for any term not exceeding 3 month.
(28) every master of a junk who violates the provisions of sub-
section (8) or sub-section(9) of this section shall be liable to a penalty
not exceeding $200 or to imprisonment, with or without hard labour,
for any term not exceeding 6 month; and such junk and
her cargo may, in the discretion of the magistrates, be forfeited to the
crown. it shall be lawful for any officer or constable of police to arrest,
within the waters of the colony, any junk or other chinese craft leaving
or attempting to leave hereanchorage, or which he has good reason to believe
has left her anchorage or any port of the colony, between the hours aforesaid.

boats, lighters, hulks, etc.

40(1) it shall be lawful for the governor-in-council to make and publish regulations-
(a) for the licensing, due management, control, and regulation,
within the waters of the colony, of all boats or other vessels, including
cargo-boats, lighters, sampans, hulks, and vessels of
similar description other than junks;
(b) for the licensing, registration, and regulation of cargo-boatmen
and lightermen;
(c) for fixing the scale of fees payable for such licences;
(d) for fixing the scale of fares to be charged in respect of such
boats or vessels;
(3) for the regualtion and management of all boats, sampans, or
other vessels used as dwelling places within the waters of the
colony and not plying for hire; and
(f) for the registration or licensing of such last-mentioned vessels
and of the people dwelling in the same:
provided that, unless and until other regulations are made, the
regulations and fees contained in table U of the schedule to this
ordinance and the forms contained therein shall apply.
(2) in case any greater number of persons or passengers is taken or
carried in any boat or other vessel aforesaid within the waters of the
colony than is respectively allowed to be caried therein by th regulations
in the said table U or by any regulations hereafter made by
the Governor-in-Council, and any one or more of such persons or passengers is
or are drowned i nconsequence thereof, every person who is in
charge of such boat or other vessel shall be guilty of a misdemeanor, and
may be punished therefor, without prejudice to any civil remedy and in
addition to any penalty provided for under the aforesaid regulations.

PART XI.
GENERAL PROVISIONS.
Prosecution of offences and procedure.
41(1) so much of the provisions of the merchant shipping act,
1894, and of any acts amending the same which are in force in england
and are inconsistent with the provisions of this ordinance are hereby
repealed; but in all other respects the provisions of the merchant
shiping act, 1894, and of any acts amening the same which are in
force in england shall be inforce in this colony, and in particular so
much of the various provisions of the merchant shipping act, 1894,
and of other acts amending the same, not being inconsistent with the
provisions of this ordinance and in force in england, as relates to rights
to wages and remedies for the recovery thereof, to leaving seamen
abroad, to the provisions, health, and accommodation of seamen, to the
power of seamen to make complaints, to the protection of seamen from
imposition, to discipline, to official logs, and to crimes committed abroad
shall apply, mutatis mutandis and sl far as the same can be extended,
to all ships registered in this colony, when such ships are with the
jurisdiction of this government, and to the owners, maters, and crews
of such ships.
(2)(a) every offence declared by the merchant shipping act,
1894, or by this ordinance, to be misdemeanor may, if tried in this colony, be
tried by the supreme court i nthe same manner as other
misdemeanors are tried, and may also, unless otherwise expressly provided,
instead of being prosecuted before the supreme court, be
prosecuted summarily in accordance with the procedure provided by the
magistrates ordinance, 1890, or any ordinance amending the same,
but, if so prosectued, shall be punishable by the stipendiary magistrte
only with imprisonment, with or without hard labour, for a term not
exceeding 6 months or with a penalty not exceeding $1000.
(b) every offence made punishable by the merchant shipping act,
1894, by imprisonment, with or wihtout hard labour, for a term not
exceeding 6 months or by a fine not exceeding 100 pounds
may be prosecuted summarily before any stipendiary magistrate, and
may be punished by imprisonment, with or wihotu hard labour, for a term not exceedin 6 months or by a fine not exceeding $1000.
(c) the provisions of the magistrates ordinance, 1890, with regard
to appeals shall apply to all summary convictions under this section.
(3) all offences against this ordinance or any orders, regulations,
rules, or conditions made thereunder, except when otherwise provided,
may be heard and determined by any stipendiary magistrate, and all
penalties and forfeitures imposed and declared by and expenses recoverable
under this ordinance or any order, regulation, rule, or condition
made thereunder, except whenotherwise provided, may be recovered
and enforced in a summary manner; and the marine magistrate shall,
in relation to all such offences, penalties forfeitures, and expenses, have
the like powers and authority as are given to or reposed in a police
magistrate under the provisions of themagistrates ordinance, 1890, in
respect of offences triable on summary conviction.
(4) where no penalty is specially attached by this ordinance to the
breach or infringement of any provision contained in this ordinance or
in any orders, regulations, rules, or conditions made or to be made
thereunder, the same shal be punishable by a penalty not exceeding $200
and, in default of payment thereof, by imprisonment,
with or without hard labour, for any term not exceeding 3 months.
(5) where, for the purposes of this ordinance, any document is to
be served on any person, that document may be served-
(a) in any case by delivering a copy thereof personally to the
person to be served or by leaving the same at his last place of
abode; and,
(b) if the document is to be served on the master of a ship, where
there is one, or on a person belonging to a ship, by leaving the
same for him on board that ship with the person being or appearing
to be in command or charge of the ship; and,
(c) if the document is to be served on the masterof a ship, where
there is no master, and the ship is in the colony, on the managing
owner of the ship, or, if there is no managing owner, on some
agent of the owner residing in the colony, or, where no such
agent is known or can be found, by affixing a copy thereof to
the mast of the ship; and
(d) every person who obstructs the service of any document on the
master of a ship shall be liable to a penalty not exceeding $100,
and if the owner, agent, or master of the ship
is a party or privy to such obstruction, he shall be guilty of a
misdemanor.
(6) where under this ordinance it is enacted that, under certain
conditions, a ship shall not leave the waters of or any port of the colony, it shall be lawful for the harbour master under such conditions to
detain the ship until he is satisfied that the provisions of the law have
been fulfilled.
(7) where under this ordinance a ship is authorized or ordered to
be detained, if the ship, after such dtenetion or after service on the
master of any notice of or order for such detintion, proceeds or attempts
to proceed to sea before it has been released by competent authority, the
master of the ship, and also the owner or agnet, and any person who
sends the ship to sea, if such owner, agent, or person is part or privy
to the offence, shall be lialbe to a penalty not exceeding $500.
(8) where a ship so proceeding to sea takes to sea, when on board
thereof in the execution of his duty, any officer authorized to detain the
ship or any surveyor or officer appointed by the governor, the owner and
master of the shi shall each be liable to pay all expenses of and incidental to
the officer or surveyor being so taken to sea, and shall also be
liable to a penalty not exceeding $500, or, if the offence
is not prosecuted in a summary manner, not exceeding $50 for
every day until the officer or surveyor returns, or until such time as
would enable him, after leaving the ship, to return to the port from
which he is taken, and such expenses may be recovered in like manner
as the penalty.
(9) any exception, exemption, proviso, excuse, or qualification in
relation to any offence under the merchant shippint act, 1894, or
under this ordinance, whether it does or does not accompany in the
same section the description of the offence, may be proved by the defendant,
but need not be specified or negatived, no proof in relation to the
matter so specified or negatived shall be required on the part of the
informant or complainant.
(10) every person who, with intent to defraud, forges or alters, or
offers, utters, disposes of, or puts off, knowing the same to be forged or
altered, any certificate, ticket, document, matter, or thing mentioned in
this ordinance, or in any regulation made thereunder, shall be guilty of
felony, and, being covicted thereof, shall be liable, at the discretion of
the supreme court, to imprisonment with or without hard labour, for
any term not exceeding 7 years.

rules and regulations.

42(1) in addition to the powers hereinbefore given, it shall be
lawful for the Governor-in-Council from time to time to make rules and regulations for the better and more effectual carrying out of the
provisions of this ordinance.
(2) in any rules, regulations, or conditions under this ordinance, it
shall be lawful for the Governor-in-Council to impose penalties for the
breach thereof, but so, nevertheless, that, except for breach of quarantine
regualtions, the penalty for the breach thereof shall not exceed $200 or
6 months' imprisonment, with or wihtout hard labour.
(3) all rules and regulations, conditions and fees, hereafter made,
and all revocations, alterations, or additions thereof or of the tables in
the schedule to this ordinance, shall be published in the gazette.
(4) on the publication of any rules or regulations, conditions or fees,
or any revocation, alteration, or addition thereof or thereto or of or to
the said tables, in the gazette, they shall, after the date of such publication
or at any time mentioned therein, take effect as if they were
enacted by the legislature of this colony.

remmuneration, fees, and costs.

43(1) there may be paid out of the colonial revenue to any
officer or person appointed under this ordinance, or to any member of a
marine court, examination board, or court of survey, or to any
assessor such remuneration, if any, as this ordinance directs or, in so
far as this ordinance does not extend, as the governor may from time
to time direct.
(2) there may be paid out of the colonial revenue all costs and
compensation payable by the governor or the government in pursuance
of this ordinance.
(3) unless and until other fees are presecribed by the Governor-in-Council,
the fees specified in the tables marked B, C, E, H, I, J, O(a),
P, R, T, and U of the schedule to this ordinance are hereby declared
to be payable to the collector appointed by the governor as the lawful
fees to be paid for the discharge of the respective duties therein specified,
and the same and all other fees payable under this ordinance, or udner
any regulation made thereunder, may be recovered in a summary
manner before any stipendiary magistrate.
(4) all fees and all costs and expenses recovered under this ordinance
shall be paid into the colonial treasury.

abstruct of the ordinance.

44 an abstract of such portions of this ordinance as the governor
may approve shall be delivered to the master of every vessel on her entering the waters of the colony; and if, before obtaining clearance,
the master does not return such abstract to the harbour master, he shall
pay a fee of $1 for the same.

ships of war.

45 this ordinance shall not, except where otherwise specially provided, apply
to her majesty's ships of war or to the ships of war of
any foreign nation.

ships propelled by electricity, etc.

46 any provisions of this ordinance applying to steamships shall
apply to ships propelled by electricity or other mechanical power, with
such modifications as the governor may prescribe for the purpose of adaptation.

SCHEDULE.
TABLES.
TABLE A.
RULES RELATING TO LEFT-SAVING APPLIANCES, ETC.
For the purposes of these rules, ships shall be arranged into the following
classes:-
class I - sea-going ships having passenger certificates udner section 10
of this ordinance;
class II - sea-going ships not certified to carry passengers; and
class III - river steamers under section 38 of this ordinance.

class I.
rules and table for sea-going ship having passenger cerificates under
section 10 of this ordinance.
(a) ships of this class shall carry boats placed under davits, fit and ready
for use and having proper appliances for getting them into the waater, in
number and capactiy not less than prescribed in the following table. the
boats shall be equipped in the manner required by, and shall be of the description
defined in, the general rules appended hereto.
(b) masters or owners of ships of this class claiming to carry fewer boats
than are given in the following table must declare before the harbour master,
at the time of clearance, that the boats actually placed under davits are
sufficient to accomodate all persons on board, allow 10 cubic feet of boat
capacity for each adult person or 'statute adult'. ORDINANCES OF HONGKONG.
VOL.II
1891-1901
P.516 (C) not less than half the number of boats placed under davits shall be
boats of section A or secion B of rule 1 of general rules .
(d) the remaining boats may also be of such description or may , in the
option of the shipowner or master, conform to section C or secion D: pro-
vided that not more than two boats shall be of section D
(e) if the boats placed under davits in accordance with the forgoing
table do not furnish sufficient accommodation for all persons on board ,
then additional wood , metal , collapsible , or other boats of approved descrip-
tion (whether placed under davits or otherwise) or approved life-rafts shall
be carried. one of these boats may be a steam launce ; but in that case the
space occupied by the engines nad boiler is not to be inclued in the estimated
cubic capacity of the boat . subject to the provision contained in paragraph
(g) of these rules , such additional boats or rafts shall be fo at least such
carrying capacity that they and the boats required to be placed under davits
by the said table provide together in the aggregate in vessels of 5,000 tons
gross and upwards three-fourths , and in vessels of less than 5,000 tons gross
one-half , more than the minimum cubic contents required by column 3 of
the said table , and for this purpose three cubic feet of air case in the life-
raft is to estimated as ten cibic feet of internal capacity : provide always
that the rafts will accommodate all the person for whom they are to be
certified under the rules and also have three cubic feet of air case for each
person . all such additional boats or rafts shall be placed as conveniently
for bing available as the ship's arrangemments admit of , having regard to the
avoidance of undue incumbrance fo the ship's deck and the safety fo the ship
for her voyage.
(f) when ships are divided into efficient water-tigth compartments , so
that , wiht any two fo them in free communication wiht the sea, the ship will
remain afloat in moderate weather , they shall only be required to carry ad-
ditional boats or life-rafts of one-half of the capacity required by paragraph
(b) of those rules .
(g) in addtion to the lif-saving appliances before mentioed , ships fo this
class shall carry not less than one approved life-buoy (rule 10 (a) or10(b)
of the general rules) for every boat placed under davits . they shall also
carry approved life-belts (rule 9) , or other similar approved articles of equal
buoyancy suitable for being worn on the person, so that there may be at
least one for each person on board the ship : provided that no ship of this
class shall be required to carry more boats or rafts than will furnish sufficient
accommodation for all persons on board.
class II .
rules for sea-going ships not certifed to carry passengers .
(a) shijps of this clas shall carry on each side at least so many and such
boats of wood or metal placed under davits (of which one on one side shall
be a boat of section A ro section B and on the othe side shall be a boat of . secion A or section A or section B or section C fo rule 1 of the general rules ) that the
boats on each side of the ship shall be sufficient to accommodate all persons
on board . they shall ahve proper appliances for getting the boats into the
water .
(b) they shall carry approved life-belts as required for ships fo class I.
(c) they shall carry not less than six approved life-buoys (rule 10(a) ro
10(b) of the general rules)
class III
rules for steamships having special licences as river steamers
under section 38 of this ordinance.
(a) ships of this class shall, according to their tonnage , carry boats placed
under davits as required by the table for ships in class I
(b) if the boats placed under davits in accordance with the above require-
ments do not furnish sufficient accommodation for all persons on board , then
additional rafts or approved life-rafts shall be supplied as for ships of class I
(c) provided that if (having regard to the avoidance of undue imcumbrance
of the ship's deck and to the safety of the ship for her voyage) it is not
practicable for a ship of this class to carry additional approved boats or
approved life-rafts as required for ships of class I, the deficiency so caused
may be made up by the supply of an equivalent number of approved buoyant
dect seats or other approved buoyant deck fittings , to the satisfaction fo the
government marine surveyor.
(d) at least one approved life-buoy (rule 10 (a) or 10 (b) of the general
rules ) shall also be provided for each boat of wood or metal carried by the
ship, but in no case shall less than six approved life-buoys be provided.
general rules
1. all boats shall be properly constructed and equipped as provided by these
rules , and all boats and other life-saving appliances are to be kept ready for
use , to the satisfaction fo the government marine surveyor .
section A-A boat fo this section shall be a life-boat properly constructed
of wood or metal , having , for every ten cubic feet of her capacity computed
as in rule 2. , at least one and a half cubic feet of strong and servicable en-
closed air-tight compartments , such that water cannot find its way into them .
section B-A boat fo this section shall be a life-boat properly constructed
of wood or metal, having inside and outside buoyancy apparatus , together
equal in efficiency to the buoyancy apparatus provided for a boat section
A. at least one-half of the buoyancy apparatus must be attached to the
outside fo the boat .
section C-A boat fo this secion shall be a life-boat properly constructed
of wood or metal , having some buoyancy apparatus attached to the inside and /or outside of the boat, equal in effciency to one-half the buoyancy appa-
ratus provided for a boat of section A or section B . at least one-half of
the buoyancy apparatus must be attached to the outside fo the boat.
section D-A boat of this section shall be a properly constructed boat of
wood or metal .
2. measure the length and breadth outside and the depth inside ; multiply
them together and by 6; the product is the capacity of the boat in cubic
feet. thus a boat 28 feet lojng, 8 feet 6 inches broad , and 3 feet 6 inches deep
will be regarded as having a capacity of 28*8.5*3.5*6=499.8 or
500 cubic feet . if the oars are pulled in rowlocks, the bottom of the rowlock
is to be considered the gunwale of the boat for ascertaining her depth .
3. the number of persons a boat of section A shall be deemed fit to carry
shall be the number of cubic feet (ascertained as in rule 2 ) divided by 140.
the number of persons a boat of section B,C,or D shall be deemed fit to
carry shall be the number of cubic feet (ascertained as in rule 2.) divided by
8.the space in the boat shall be sufficient for the seating fo the persons
carried in it and for the proper use of the oars .
4. appliances for getting boats into the water must fulfil the following
conditions :- means are to be provided for speedily detaching the boats from
the lower blocks of the davit tackles ; the boats placed under davits are to be
attached to the davit tackie and kept ready for service; the davits are to be
strong enough and so spaced that the boats can be swung out facility;
the points of attachment of the boats to the davits are to be sufficiently away
from the ends of the boats to ensure their being easily swung clear fo the
davits ; teh boats' chocks are to be such as can be expeditiously removed ; the
davits, faills , blocks, eye-bolts , rings, and the whole of the tackling are to be
fo sufficient strength ; the boats' falls are to be long enough to lower the boat
into the water with safety when the vessel is light ; the life lijnes fitted to the
davits are to be long enough to reach the water when the vessel is light ; and
books are not to be attached to the lower tackle blocks.
5. in order to be properly equippped each boat shall be provided as
follows:-
(a) with the full (sigle banked ) complement of oars and two spare oars ;
(b) with two plugs for each plug hole attached wiht lanyands or chains ,
adn one set and a half of thole pins or crutches attached to the boat
by sound lanyards;
(c) wiht a sea anchor , abaler ,a rudder and tiller or yoke and yoke lines ,
a painter of sufficient length , and a boat book. the rudder adn baleer
to be kept attached to the boat by sufficiently long lanyards and kept
ready for use ;
(d) with a vessel to be kept filled wiht fresh water ; adn
(e) life-rafts shall be fully provided with a suitable equipment .
6. in order oto be property equipped , each boat of section A and B , in
addition to beng provided wiht all the requisites laid down in the last
preceding rule , shall be equipped as follows (but not more than four boats
in any one ship require to have this outfit ):-
(a) with two hatchets jor tomahawks, one to be kept in each end of the
boat and to be attached to the boat by a lanyard;
(b) with a mast or masts and with at least one good sail and proper
gear for each ;
(c) with a line in loops run round the outside of the boat and securely
made fast ;
(d) with an efficient compass;
(e) with one gallon of vegetable or animal oil in a vessel of approved
pattern for distributing it in the water in rough weather ;adnd
(f) with a lantern trimmed , wiht oil in its receiver sufficient to burn
eight hours .
7. the number of persons that any ajpproved lif-raft for use at sea shall
be deemed to be capable of carrying shall be determined with reference to
each separate pattern approved by the government marine surveyor :
provided always that for every person so carried there shall be at least
3 cubic feet of strong and sericeable enclosed air-tight compartments , such
that water cannot find its way into them . any approved life-raft fo other
\construction may be used , provided that it has equivalent buoyancy to that
hereingefore described . every such approved life-raft shall be marked in
such a way as plainly to indicate the number of adult persos it can carry .
8. appproved buoyant apparatus shall be deemed sufficiet for a number of
persons to be ascertained by dividing the numder of pounds of iron which it
is cajpable of supporting in fresh water by 32. such buyant apparatus shall
not require to be inflated before use shall be of approved construction , and
maked in such a way as plainly to indicate the number of persons for whom
it is sufficient .
9. an approved life-belt shall mean a belt which does not require to be
inflated before use , and which is capable of floatng in the water for at least
24 hours wiht 15 lbs. of iron suspended from it .
10. an approved life-buoy shall mean either -
j(a) a life-buoy built of solid cork and fitted with life lines and loops
securely seized to the life-buoy and capable of floating in the water
for at least 24 hours with 32 lbs. of iron suspended from it ;or
(b) a strong lif-buoy of any other approved pattern and material ,
provided that it is capable of floating in the water for at least 24 hours
wiht 32 lbs. of iron suspended from it , and provided ,also , that it is
not stuffed with rushes , cork shavings, or loose granultaed cork , or
other loose material , and does not require to be inflated before use.
11. all life-belts and life-buoys shall be so placed as to be readily accessible
to the persons on board , adn son that their position may be known to those
for whose use they are intended. TABLE B
TABLE OF FEES amount of fees $
1. effecting an imperial register and granting certificate thereof .....15
2.effecting a colonial register and granting certificate thereof..........15.
3.copy from register book ............................................5.
4. for every declaration made in any of the forms specified in the
second part of the first schedule to the merchant shipping
act, 1894, or under section 3 of this ordinance ....................2.
5.indorsing a memorandum of changes of master upon certicate of
imperial or colorial registry ...........................................1
6. .indorsing a memorandum of changes of ownership upon certicate of
imperial registry ...........................................2
7. certificate of sale or mrotgage ...............2.
8. recording a mortagage of a ship or of shares in a ship...............5.
9.recording the transfer of a mortgage of a ship or of shares in
a ship .............5.
10. recording the transfer of a mortgage of a ship or of shares in
a ship .....5.
11. indorsement on register of change in rig or tonnage......2.
12. recording the sale of a ship or of shares in a ship. .......5.
13. for every alteration in agreements with seamen........1.
14. for certifying a desertion .....1.
15.for attesting a seaman's willl......................nil.
16. for examining provisions or water (to be paid by the party failing
to support his case......5.
17.for renewing colonial register under section 3.(14) of this ordinance 5
18. for inspection of register book ......1.
TABLE C.
SCALES OF FEES.
1-(a) the fees to be paid for surveys of steamships for passenger
certificates are as follows:-
(b) the above scale is for twelve months . for six months six-twelfths of
the fee will be charged , for nine months nine-twelfths, and so on , at th erate
of one-twelfth for each month ; but no fee is to be less in amount than three-
twelfths. in all cases of new steamships or of steamships coming under
survey for a passenger certificate for the first time , a full twelve months' fee
must be paid , notwithstandin that a certificate for twelve months may nto
be required , and in no case of an incomplete declaration will less than three-
twelfths be charged.
(c) the fee paid in accordance with the foregoing scale covers any number
of visits that a surveyor may require to make before he is able to grant his
declaration , as wll as the inspection of the lightts and fog signas and of the
markng of the vessel , which inspection must be made by the surveyor before
he can grant his declaration . the fee does not , however , apply to or include
any inspection of lights , fog signals , or marking made subsequently to the
granting of the declaration .
(d) the above fee does not cover any service under the chinese passengers
acts or measurement for tonnage.
2-(a) the fees to be paid for surveys of ships under the chinese
passenger acts are as follows:-
(b) a special survey is to be deemed to be a survey requirign more than two
visits by a government surveyor or surveyors , or a survey n cases in which ,
from age or any other circumstances , there are reasonable grounds for doubting
the seaworthiness of the vessel. where the case requires unusal attention
and occupies an unusual amount of the surveyor's time , the higher fee fo $30
and upwards will be charged , according to the special circumstances of the
case and the number of visits made.
(c) where a declaration has been granted for a steamship under section
10(8) of this ordinance , the survey under the chinese passengers acts will
be made on payment of half the usual fee mentiojned above. the fee paid in
accordance with the above scale covers the inspecion of the lights and fog
signals, and of the marking of th evessel, made at the time of survey unde
the chinese passengers acts. it does not , however , apply to or include any inspection of lights , fog signals , or marking made subsequently to such
survey .
(d) the fee for survey under the chinese passengers acts does not cover
any survey of a steamship for a passenger cerificate under this ordinance , ro
measurement for tonnage, or inspection of crew spaces
(e) travelling expenses ,if any , and subsistence expenses , if any , due
according ot the scale authorized by the governor, will be charged in addition
to the fees.
3.the fees to be paid for measurement of tonnage are as follows:-
4-(a) the fees to be paid for inspection of the berthing or sleeping
accommodation of the crew are as follows:-
(b) the fee ot paid on application for inspection is $3
(c) a futher fee of $3 will be charged , if more than one visit by the sur-
veyor is necessary .
(d) the fees for inspection of crew spaces will not be charged if the in-
spection is made when the vessel is measured for tonnage, but if a second ro
third visit is necessary for inspection of crew spaces alone , a fee of $3 for
each visit will be charged .
5.-(a) the fees to be paid for inspection is $3.
(c) a further fee of $3 willl be charged , if more than oe wisit by the sur-
veyor is necessary.
6. the fees to be paid for ispection of th emarking of vessels are as
follows:-
the fee for a visit is $3 , and is to cover all expenses except where applic-
ation is made by the owner , when expenses are also to be charged . for any
subsequent visit , expenses are to b echarged ,but no further fee.
7-(a) the fee to be paid when tracing is submitted for inspection
is $25
(b)this fee will not be charged when the full fee for survey under the
merchanct shipping or chinese passengers acts bas been paid. 8.for a survey of seaworthiness for change of name, when directed to be
made, fees will be charged in accordance wiht the scale for a twelve months
passenger certificate . (see scale no . 1 above)
9. the fee to be paid for recording change of name and indorsing carving
note , when no survey of seaworthiness is made,is $10.
10. the fee to be paid for a survey for re-registry under section 54 of the
merchant shipping act, 1894, is on the same scale as for the change of name.
this fee includes the inspection of crew spaces and lights, but does not include
measurement for tonnage .
11. the fee to be paid in case of a survey before transfer to the flag of any
orther country is $25 .
12. the fee to be paid all cases of minor inspections(e.g. alteration of
rig, port of registry, description of engines) is $5.
13. the fee to be paid for re-measurement of passenger accomodation in any
ship the passenger certificate of which is unexpired is 10.
14. the fees to be paid for survey of ships' bottoms only is half the fee for
survey of steamships for passenger certificate
15. the fees to be paid for a survey of boiler is $25
16. the fee to paid approving and certifying positon of load-line
is $10 .
17. the fees to be paid for over-time services of government marine sur-
veyors are as follows:-
$
week days , - from 8am to 10am and 4pm to 6pm ....5 per hour.
6am to 8am and 6 pm to 8 pm ............10 do.
before 6am and after 8 pm ....20do.
on sundays and public holidays .....20 fo.
a service occupying less than one hour will be charged as one hour. for
a service exceeding one hour a quarter of the fee will be charged for each
quarterof an hour, and any expenses incurred will be charged in addiotion .
N.E -whn an incoplete declaration is given , one-half of the survey fee in table c
will be charged table D
SPACE TO BE ALLOTED TO PASSENGERS IN SHIPS NOT WITHIN THE
CHINESE PASSENGERS ACT, 1855.
coasting trade.
1. in the case of a pasenger ship which is soely employed in trading or going
between the following limits , namely, hongkong and the coast of china,
formosa, cochin china , and the philippine islands-
(a) the space to be provided on the between decks shall be , for the lower
passenger deck, 12 superficial and 84 cubic feet of space for each
passenger , and for the upper passenger deck 9 superficial and 54 cubic
feet for each passenger;and
(b) 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
accommodatd on the passenger deck; and if it is intended to carry
passengers on the remaining spaces of the said weather deck, then
12 superifical feet of suhc remaining space shall be provided for each
such upper deck passeger .
between the 1st of June and the 14th of October , inclusive:-
(c) the space to be provided on the passenger decks shall be in accord-
ance with the first paragraph of this table , but no ship shall carry
upper deck passenger ,except as hereeinafter provided , unless she is
furnished with a deck house or other permanent protection against the
weather for the number of passengers such structure will accommodate
at 12 superficial feet and 72 cubic feet per adult passenger .
foreign trade.
2. in the case of a passenger ship which is employed in trading or going
between hongkong and some place or places situate beyond the following
limits , namely , the coast of china, formosa ,cochin china, and the philippine
islands-
(a) the space to be provided under the poop, or in the round house or
deck house , or on the upper passenger deck shall be not less than 15
clear superficial feet of deck allotted to the use of each statute adult
passenger, and on th elower passenger deck not less than 18 clear suepr-
ficial feet of deck allotted to the use of each statue adult passenger:
provided that , if the height between the lower passenger deck and the
deck immediately above it is less than 7 feet, or if the apertures (ex-
clusive of side scuuttles) through which light and air are admitted to-
gether to the lower passeger deck are less in size htan in the pro-
portion of 3 square feet to every 100 superficial feet fo that deck, the
ship shall not carry a greater number of passengers on that deck than in the proportion of one statute adult to every 25 superficial feet
thereof; and
(b) on the upper deck or poop or deck house there shall be provided 5
superificial feet of deck space for exercise for every passenger accom-
modated on the passenger decks and under the poop and in the deck
house; and if it is intended to carry passengers on the remaining
spaces of the said upper deck or poop or deck house,then 12 superficial
feet of such remaining space shall be provided for each such upper deck
passenger .
generally .
3-(a) deck passengers may be carried only within the limits prescribed
above for the coasting trade and between the 15th of October and the 31st
of may , inclusive .
(b) deck passengers may be carried between hongkong and swatow dur-
ing both seasons.
(c) passagers are not to be carried on more than two decks on any one
voyage .
(d) the superficial area of a deck shalll mean the area fo the deck itself ,
exclusive of skylights, hatchways, and other incumbrances.
(e) no part of the cargo, or of the passengers' luggage, or of the provisions,
water , or stores , whether for the use of the passengers or of the crew, shall be
carried on the upper deck or on the passengers decks , unless the same is so
placed as not to impede light or ventilation or to interfere with the comfort of
the passengers or unless the same is stowed and secured to the satisfaction of
the harbour master; and the space occupied or render unavailable for the
accommodation of the passengers shall (unless occupied by the passengers'
luggage) be deducted in calcating the space.
(f) there shall not be more than two tiers of berths on any one deck.
(g) such provisions for affording light and air to the passenger decks shall
be supplied as the circumstances of the case may , in the judgment of the har-
bour master, require . the passengers shall have the free and unimpeded use
of the whole of each hatchway situated over the space approprited to them ,
and over each such hatchway there shall be erected such a booby hatch or
other substantial covering as will afford it the greatest amount of light and
air and of protection from wet as the case will admit .
TABLE E
I- REGULATIONS FOR STEAMSHIPS NOT EXCEEDING SIXTY TONG .
1.The owner of any colonial ship or other steamship not exceeding 60 tons
burden who is desirous of obtaining a licence under section 37 of this ordi-
nance shall cause the said vessel to be surveyed by a government surveyor. 2. the certificate of the government surveyor shall contain statements of
the following particulars:-
hull.
(a) that the bull, 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 is as
follows:-
(i) for vessels plying within the harbour limits or between any ports
or places in the island of hongkong , at the rate of 7 superficial
feet of the upper or weateher deck and of the deck immediately below
the upper deck for each passenger and member of the crew:
(ii)for vessels plying to places within the 'Local TRade Limites,' at
the rate of 10 superficial feet of the upper or weather deck and of
the deck immediately below the upper deck for deck for each passenger and
member of the crew; and
(iii) for vessels plying to places outside the 'local trade limits,'
at the rate of two passengers for every three tons of the vessel's
tonnage;
(c) that the master possesses a certificate of competency from the harbour
master of hongkong ;
(d) that provision is on board for the shelter fo deck passengers and that
there are not less than two approved life-buoys on board;
(e) that the vessel, if carrying passengers outside the harbour limits ,
has at least one boat in such a position that it can readily be got into
the water, and , in addition , approved buoyant apparatus or approved
life-belt , and approved life-buoys , at least sufficient , with the boats , to
keep afloat all persons carried on board (at least four approved lidf-
buoys shall be carried );
(f ) that the vessel is properly fitted with bow and must-head lights and
also a riding light , in accordance section 37 (9) of this ordinance ;
(g)that the vessel is properly found with anchors and chains;
(h)that the crew is sufficient for the requirements of the vessel; and
(i)the time for which the said hull and equipments will be sufficient.
Machinery and Boler.
(a)that the machinery and biler 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 teh
surveyor's certificate;
(b)the time for which such machinery and boiler will be sufficient; and
(c)that the engineer of the vessel possesses a certificate of quailifcation


recognized by the board of trade or a certificate of competency from
the harbour master of hongkong .
3. on the recipt of the cerificate , the harbour master will cause a licence
to be issued to the owner, empowering the vessel therein described to ply
for hire as therein mentioed for a period not exceedign twelve months.
4. every vessel licensed under these regulations shall have her name, in
english and chinese , legibly painted on her stern and on each bow, togther
wiht the numbe rof passengers she is licensed ot carry .
5. a fee of $515 for each certificate shall be payable to the government .
6-(a) the fees to be paid for the licence shall be according to the
following scale :-
$
vessels under 10 tons.... 10 per annum.
10 tons to 20tons ..........20 do.
20 do. 30. do.................30. do.
30 do. 40 do..................40. do
40 do. 50.do. .............. 50. do.
50 do. 60. do. ...........60 do.
(b) the above scale is for 12 months .
(c) for six months six-twelfhs fo the fee will be charged , for nine months
nin-twelfths , and so on at the rate of one-twelfth for each month. but no
fee is to be less in amount than three-twelfth .
7. if the space measured for passenger accommdation is at any time
occupied by cargo, then one passenger is to be deducted for evey 7 superficial
feet of space so occupied .
8. dangerous goods of any description and in whatever quantity shall not
be carried at the same time as passengers,.
9. a fee fo two dollars and a half for the examination of any person for
the post of master or engineer of a steamship not exceeding 60 tons shall be
payable ot the harbour master for hte government, and such master or
engineer sahll, if he obtains a certificate , produce three copies of a photograph
of himself , one to be attached to his certificate of competency , jone to be
attached to the licence of any vessel to which he may belong or hereafter
belong , adn one for record in the harbour office; and when a master or
engineer is transferred from one steam launch to another steam launch , be
shall produce a photograph of himself to be attach ed to the licence fo the
vessel to which he is to be transferred .
10. the certificate granted by the harbour master to any person fro the
post of master or engineer of f a steamship not exceeding 60 tons may be
suspended or cancelled by the harbour master, if it is proved to has
satisfaction , after the inquiry held by him , that the said master or engineer
has been guilty of imcompetency or negligence in the performance of the duty as master or engineer . it may also be cancelled by order of the governor if
he is satisfied that the holder is , from any cause , not a fit and proper person
to be in possession fo the said certificate .
11. the owner of evey licensed steamship not exceedign 60 tons shall
cause the licence to be framed and exhibited in a conspicuous part of the
cabin, so as to be legible to all persns on board the said vessel.
12. if the owner of a licensed steamship not exceedign 60 tons wishes
to employ his vessel outside the water of th ecolony , for purposes other
than that for which the licensed was granted , the licence shall be delivered
to the harbour master ot be retained by him during the period of such
employment .
II-REGULATIONS RELATING OT THE ENGAGMENT AND DISCHARGE OF THE
MASTERS AND ENGINEERS OF STEAMSHIPS UNDER SIXTY TONE.
1. in these regulations the word ' lauch' means a steamship under 60
tons in this colony ,
2. every launch owner shall report to hte harbour master the name of ,
and the number of the certificate held by , every launch master and engineer
engaged by him , within 48 hours of such engagment.
3.every launch owner shall report to hte harbour master the name of ,
and the number of the certificate held by , every launch master and engineer
discharged by him , giving the reason for sucb discharge, within 48 hours of
such discharge.
4. every lauch master and engineer holding a certificate shall, on engage-
ment, produce such certificate to the harbour master for registration , and
shall pay for such registration a fee fo fifty cents for the use fo the
government .
5.every lauch master and engineer shall , on discharge , report such
dischharge to the harbour master within 48 hours of such discharge, and
shall produce his certificate.
6. a record shall be kept in the habour master'office , setting forth the
dates of each engagmment and discharge fo each certificated lauch master and
engineer , the reason for his discharge , and alll complaints and charges made
against him , and any punishments awarded in respect thereof by the marine or
otther magistrate or by the harbour master . such record shall be open to
inspection by launch owners or their representatives .
7. these regulations shall not apply to launches belonging to her majesty
or in the service of any foreign government
8. any launch owner , master, or engineer respectively who commits any
breach of these regulations shall , for each such breach , be liable , on summary
conviction before a stipendiary magistrate , to a penalty not exceedign twenty-
five dollars. TABLE E .
SCALE OF MEASUREMENTS OF RIVER STEAMERS TRADING RETWEEN HONG-
HONG AND CANTO, MACAO, OR THE WEST RIVER.
1. on lower doeck , one passenger for each 6 superficial feet.
2. on upper deck and cabins , one passenger for each 9 superficial
feet .
3. the above number is to be further regulated by the surveyor's judgmetn
as to whether the vessel is stable enough for the measuremnt number fo
passengers.
4. a sufficient number of life-boats, rafts , and life-buoys,approved by the
government marine surveyor , to be supplied .
5. no passengers to be carried on more than two decks.
6.on the lower passeger deck , one passenger to be deduct for each
6 square feet occupied by catte or cargo ; and on the upper passenger
deck , one passenger to be deducted for each 9 square feet occupied by cattle or
cargo.
TABLE G .
GENERAL RULES FOR FORMAL INVESTIGATIONS INTO SHIPPING CASUALTIES
OR INQUIRIES INTO MISCONDUCT OR INCOMPETECY ON THE PART OF
OFFICERS.
1. Wherever it is intended to appoint a marine court under section 19
to make investigation respecting ay shipping casualty or to inquire into
any charge of misconduct or incompetency on the part of any master , make ,
or engineer , the marine magistrate shall cause a preliminary notice, in tbe
form no. 1 in the appendix to these rules, to be served on the master of
the ship or on the perosn whose conduct or competency is in question .
2. when the governor has issued a warrant to form a marine court to
investigate in to a shipping casualty or to inquire into any charge of incom-
petency or misconduct , the stipendiary magistrate appointed as the presiding
member of the court shall ,inn the case of a shipping casualty , cause a notice
to be served on the master and on the certificated officers of the ship who
were on board at the time of the happening of the causalty , in the form
no.2. in the appendix to these rules , and ,in the case of a charge of mis-
conduct or incompetecny ,on the person jwhose conduct or competecy is in
question , in the form no.3. in the said appendix, and in either case in the
for mp.4 in the said appendix on such witnesses as it is considered necessary
to call to elucidate the fact of the case .
3. if the master or other person on whom a preliminary notice has been
served fails to attend before the marine court , the court, in addition to any other powers , may proceed to hear and adjudicate upon the case in his
absence .
4. when the master himself applies for an investigation into a casualty ,
and the governor has issued a warrant thereon , the stipendiary magistrate
shall cause a notice to be served on the certificated officers who were on
board at the time of the casualty.
5. the
stipendiary Magistrate may cause a notice to be served on any other
person who appears to have been in any way responsible for the casulty ;
and any person having any interest in the investigation shall on showing the
nature of his interest , have a right to appear.
6. the proceedings at an investigation into any shipping casualty 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.
7. the proceedings at an inquiry into any charge of misconduct or incom-
petency shall commence wiht the examination of the several witnesses who
speak to the charges and the conduct fo the person charged . after these
have been cross-examined by the person charged , re-examined by the prose-
cutor , and examined by the court , the person charged may call his own
witnesses , who may be examined , cross-examined , adn re-examined in a
similar manner . if the person charged has not already given evidence ,he
is then allowed an opportunity of offering any explanation , which may be
either verbal or in writing .
8. the certificate of the master or of any officer shall not be cancelled
unless the master or officer has bad the opportunity of making a defence , and
for that purpose he may produce any witnesses whom he may wish to
examine .
9. the presiding member of the court may adjourn the court from time
to time and from place to place, as may be most convenient .
10. the judgment of the court shall be given at the end of the pro-
ceedings .
APPENDIX.
FORMS .
FORM NO.1
Preliminary notice of a marine court .
HONGKONG.
to of
take notice that , by virtue fo the provisions of sectioo 19 of the merchant
shipping ordinance , 1899, it is intended to appoint a marine court ot the court will assemble at the harbour office on a day to be subse-
quently appointed iand of which due notice will be given to you.
datd this day of 1.
(signed)
marine magistrate
M.B- if the person on whom this notice is served fails to attend before
the mairne court , the court may proceed to hear and adjudicate upon the
case in his absence .
form no. 2.
notice of holding a marine court .
HONGKONG .
To master, made , engineer, or owner of the british steam
[or sailing ]ship
in pursuance of the provisions of section 19 of the merchant shipping
ordinance ,1899, i hereby give you notice that the governor has ordered a
marine court to held to make investigaion into
and subjoined hereto is a copy of the report [or statement of the case]
upon which the said investigation has been ordered . i further give you notice
to produce to the court your certificate, the log books of the ship, and any
documents relevant to the case which may be in your possession .
the court will assemble at the harbour office on the day of
1, at am
dated this day of 1.
(signed .0
stipendiary magistrate and
president of the court
FORM NO.3.
Summons to person charged .
HONGKONG.
TO OF
whereas a charge of has been brought against you by
and whereas the governor has brought against you by
to inquire into such charge : this is , therefore , to require you personally to be
and appear on the day of 1, at am at the
harbour office before the said court to answer the said charge , bringing with
you your certificated as
datd this day of 1.
(signed)

stipendiary magistrate and
president of the court form no. 4.
summons to a witness .
hongkong.
to of
whereas a marine court has been appointed to
and it appears that you are likely to be able to give material evidence to the
said court : this is , therefore , summon you to be and appear before the
said marine court on the day of 1, at am at
the harbour office to testify what you shall know concerning the matter.
dated this day of 1.
(signed .)
stipendiary magistrate and
president of the court
TABLE H
GENERAL RULES FOR COURTS OF SURVEY.
1. Where the owner or master of a ship (hereinafter called the appellant )
desires to appeal to the court of survey, he shall file at the harbour masster's
office a notice in the form no. 1 in the appendix to these rules .
2. immediately on the notice of appeal, the harbour master
shall inform the governor , and, if the ship is a foreign ship, the harbour
master shall give notice to the consular officer for the state to which the
ship belongs , and such consular officer may nominate one person to act as
a member of the court of survey, whose name shall be submitted to the
governor at the same time .
3. when the governor has issued his warrant constituting the court , the
person appointed to be president of the court (hereinafter referred to as the
president ) shall summon the court in the form n, . 2 int the appendix to these
rules.
4. if the survey has been made on the complaint of any person ( hereinafter
called the compalinant ) the president shall send to him notice of the time
and place appointed for the hearing
5.previoous to the hearing , the goverenor shall forward to teh president,
to be produced as evidencee at the hearing , an official copy of the report of the
surveyor .
6. the court shall , if practicable , be summoned to hear the appeal on a
day not later than fourteen days from the filing of th enotice of appeal .
7. the governor and the appelant shall be parties to the proceedings .
8.any other person may , by permission fo the president of the court , be
made a party to the proceedings.
9. at the hearing , the person representing the governor shall first call his
witnesses , and , having done so , shall state in writing what order he require
the court to make
10. the complainant, if he has appeared , shall then call his witnesses , and,
having done so , shall state in writing what order be requires the court to
make .
11. the appellant shall then call his witnesses, and , having done so , shall
state in writing what order he requires the court to make .
12. after the appellant has examined all his witnesses , the person
representing the governor and the complainant may , on cause shown to the
satisfaction o fht ecourt , call further witnesses in reply .
13. after all the witnessnes have been examind , the court shall first hear
the appellant, then the complainant, if any , and afterwards the person re-
presenting the governor .
14. the president shall deliver the decision of the court in writing ; and
the same may b esent or delivered to the respective parties , and it shall not
be necessary to hold a court merely for the purpose of giving the decision.
16.as soon as possible after the court has come to its decision,the Court
shall issue an order for the release or detention (either finally or on conditions)
of the vessel,in the Form No.3 in the Appendix to these Rules.
17.The President shall report to the Governor in the Form No.4 in the
Appendix to these Rules.
18.The fees,a table whereof is in the Appendix to these Rules,shall be
demanded and taken in any proceedings before a Court of Survey.
APPENDIX.
FORMS.
FORM No.1.
Notice of Appeal.
HONGKONG.
In the Matter of the Ship
To the Harbour Master of Hongkong.
Take notice that I,[name and address] the master[or managing owner or
owner of shares] of the Ship of the Port of
do appeal-
(1.)from the report of the Surveyor appointed by the
Governor to survey the said ship;or (2.)from a declaration given by Government Marine
Surveyor [or from the refusal of Government Marine
Surveypr to give a declaration], under the provisions of section 10 (8.) of
the Merchant Shipping Ordinance,1899;or
(3.)from the refusal of the Emigration Officer,to give a
certificate under the Chinese Passengers Act,1855,or under the Chinese
Emigration Ordinance,1889;or
(4.)from the refusal of the Harbour Master to give a clearance under the
Merchant Shipping Ordinance,1899.
The address at whcih all notices and documents may be served by post or
otherwise on me is
Dated this day of 1.
(Signed.)
Appellant.
FORM No.2.
Summons to Court.
The Court of Surveyor for Hongkong.
In the Matter of an Appeal by from the Report of
the Surveyor appointed by the Governor to survey the
[or as the case may be]
In pursuance of the Merchant Shipping Ordinance,1899,I hereby summon
you to attend as on this apeal,at a.m. on the
day of 1.
Dated this day of 1.
(Signed.)
Stipendiary Magistratae and
President of the Court.
I will attend as summoned.
(Signature of person summoned.)
FORM No.3.
Order of Court for Release or Detention of Ship.
The Court of Survey for Hongkong.
In the Matter of an Appeal by from the Report
the Surveyor appointed by the Governor to survey the
[or as the case may be]
We do order the said ship to be released [or detained
finally or conditionally upon ].
Given under our hands this day of 1.
(Signed.)
Members of the Court of Survey. FORM NO.4.
report of members of court.
the court of survey for hongkong .
in the matter of an appeal by from the report of
the surveyor appointe dby the governor to survey the
[or as the case may be ]
we do report that , having heard this appeal , we did
order the said ship to be released [or detained finally or conditionlly upon
]for the reasons set forth in the annexed statement.
we are also of opinion that the costs o fthis appeal should be paid by the
appellant [or by the government or that all parties should pay their own
costs]
dated this day of
(signed)
members of the court of survey.
table of fees
1. on filing notice of appeal, for every 50 tons fo the gross $c.
registered tonnage of the ship................................5.00
2. on filing every affidavit ................................1.00
3.on entering appearance................................5.00
4. on every subpena................................1.00
5. on every statement of the order required to be made
by the court ................................5.00
6. on the production and swearing of every witness........1.00
7. on every consent by the parties to refer the question o f
costs, or of costs and damages , to the court , to be paid by
each party ................................5.00
8. on every hearing , for each day , to be paid by each
party , the amount thereof to be at the discretion fo the
members of the court ................................ from $10.00 to 50.00
9. on every order , whether for the releases or detention fo
the ship, or for paymen tof costs or of costs and damages ,
to be paid by the party taking out the order ................................5.00
10.on evey office copy of the judgment or report, or of
notes fo the evidence, or of any of the proceedings in the
appeal, per folio fo 72 words................................0.25 TABLE I
FEES TO BE CHARGED AT HTE MERCANTILE MARINE OFFICE
1. engagement or discharges of crews .
$
in ships under 100 tons ................................ 5
100 to 400 do.................................10
400 do. 700 do.................................15
700 do. 1,000 do ................................20
and so on for ship sof larger tonnage , adding , for every 300 tons or part of
300 tons, five dollars.
2. engagement or discharge of seamen.
separately , 80 cents each .
overtime fee, when engagment or discharge takes place on board ship
$
1. from 8am to 10am and 4pm to 6pm ................................5 per hour .
2. form 6 am to 8 am and 6pm to 8pm ................................10 do.
3. before 6am and after 8 pm ................................20 do.
an y portion of an hour shall count as one hour.
TABLE J
SUMS TO BE DEDUCTED FROM WAGES BY WAY RO PARTIAL REIMBURSEMENT
OR FEES PAID IN ACCORDANCE WITH TABLE I
1. in respect of engagements and discharges fo crews , upon each engage-
ment and each discharge-
from wages of any make , purser, engineer , surgeon , car-
penter, or steward................................40 do.
2. in respect of engagements and discharges separately , upon each
engagment and each discharge-
from wages fo any mate , purser, engineer , surgeon , carpenter, or
steward................................50 cents .
all others, except apprentices ................................40 do.
TABLE K.
RULES FOR THE GOVERNMENT OF LICENSED BOARDING-HOUSES FOR SEAMEN
1. Over the principal door of each house shall be affixed a board containing
in letters, at least 3 inches in length , painted whits on a black ground
and at the foot thereof shall be inserted the name , in full, of the keeper of sthe
house, and no otehr writing , sign , painting , or mark shall be posted on the
premises.
2. the house shall be substantially built and kept in good repair , well
ventilated ,and have a proper system of drainage ; teh drains shall not be in
direct commuication with the public sewers, but effectively disnnected and
trapped
3. there shall be adequate kitchen accommodation , withe proper means for
teh removal o fsmoke.
4. the space allotted to each boarder shall be in the bed rooms not less than
400 cubic feet of space, and a notice shall be put in each sleeping room
showing the number of persons the room is capable fo accommodating; there
shall also be provided a general room of sufficient size in which the boarders
may sit and mess.
5. a separate room is to be appropriated for the chest, hammocks , etc,
of the boarders.
6. proper washing rooms , and adequte privy , urinal , and ash-bin accom-
modation, are to be provided ; the floors of the house and out-house are to be
swept clean frequently during the day and thoroughly washed every satur-
day; all inside walls and partitions are to be colour-washed once in every six
months, viz, on or about the 1st of January and the 1st of July .
7. all filth and refuse matter shall be regularly removed daily
8. there shall be no communication between a boarding-house adn the
adjoining houses .
9. no boarding master shall receive into his boading-house any seaman
who does not first produce his discharges from his last ship, duly countersigned
or stamped by the harbour master or some person deputed by him , or who
does not produce the harbour master's written sanction for his admission
into a boarding-house ; and no more boarders are to be lodged in the house
than the number allowed by the licence.
10. every boarding master shall keep a book in which he shall enter the
names fo all boarders in his house on the day fo their reception therein , and
he shall also enter in the same book an account fo all moneys reeceived from
boarders adn all charges incurred by them ; and , if a boarder so requires , he
shall be furnished , every saturday night , with a menorandum fo the amount
in which he is indebted to the boarding master or of the amount belonging to
him still in the hands of the boarding master.
11. before a boarder is dicahrged , he shall , if he so requires , receive from
the boarding master a full and true statement of his account for board,
lodging , and other expenses , and the boarder , if satisfied as to the correctness
of the said statement, shall sign his name thereon in proof thereof . the
boarding master shall take this book to the harbour master or his deputy
for inspection every maonday at noon
12. no spirituous liquor shall be supplied or procured by the boarding master or his servants to or for any person on the premises.Boarders
requiring such liquor must purchase it themselves from a public house.
13.The boarding master shall not allow any prostitute on the premises.
14.A borading-house shall be closed every nigth at 11 o' clock.
15.No gambling shall be allowed in any boarding-house ,and every boarding
master shall do his utmost to prevent noisy conduct on the part of the boarders
or others frequenting the house;in the event of his not being able to preserve
order,he shall give intimation thereof to the nearest constable or at a Police
Station.
16.In the event of any boarder being sick,the boarding master is im-
mediately to [rocure the assistance of a duly qualified medical practitioner
and report the case immediately to the Principal Civil Medical officer,and
the names of sick men are to be inserted in the column of remarks in the
weekly list.
17.The boarding master shall,every Monday morning,send to the govern-
ment Shipping Office a list(copied from his book) of all the seamen boarding
in his house in that day and of those boarders who have left during the
previous weel,showing how these have been disposed of.
18.no boarding master shall discharge a borsder from his house without
the sanction of the Harbour Master,unless such boarder is provided with
suitable employment.
19.Every boarding-house shall be open at all times for he inspection of
any justice of the Peace,or of the Harbour Master of his Deputy,or of any
Inspector Police,or of any menber of the Sanitary Board,as well as to
the visits of the Principal Civil Medical Officer.
20.A copy of these Rules shall be kept posted in a conspicuous place in
the general sitting room.
21.Any infraction of any of these rules shall render the offender liable to
a penalty of twenty-five dollars and,for a second offence,to deprivation of his
licence in addition.
22.Boarders are hereby informed that the only fees for which they are
liable are a Government fee of 40 cents for discharge and 40 cents for
shipping,and one dollars boarding-house fee,which is to include the ocmmission
for cashing an advance note.
23.When seamen have signed fresh articles of agreemnet,no deductions
other than those for debts legally due are to be made from their advances.
24.A seaman's clothing or bedding is not to be detained by way of
security for debt.
25.Any boarder dissatisfied with his account shall be at liberty to lay the
same before the harbour Master,who will decide if the charges are reason- 26.a boarding-house keeper shall only the men belonging to his
bouse . if on any occasion he has not enough boarders ot complete the num-
ber required to ship , he can apply to any other boarding-house to supply the
deficiency , but the men so supplied are to be shipped by the house in which
they are boarding and no tby the keeper who has the order for the crew , and
only one shipping fee shall be charged .
27. the weekly charge sanctioned by the harbour master for board and
lodging is -
in a boarding-house for europeans and americans .....$800
in any other boarding-house , such amount as may be approved
by the harbour master.
TABLE K (a)
INGORMATION TO BE SUPPLIED ON ARRIVAL IN PORT
name fo vessel and flag
port of registry
commanded by
registered by
registered tonnage
nature and tonnage fo cargo on board
number of crew
rig and gorse power
number of guns
name of owners
ports of departure and date of leaving {original port last port
consignee or agents, -messrs.
passengers, -{ cabin , E deck .
{chinese:-men , woman , boys, girls,=
any infectious or contagious disease on board
do . do. do. do . at any port of departure
any births , deaths , or accidents on the voyage
any explosive on board
any mails on board
any casualty on the vayage
weather .
any derelicts , sunken wrecks, ice , etc, passed during the voyage
harbour regulations supplied
TABLE L
QUARANTINE REGULATIONS.
1. in these regulations-
' health officer' means the health officer fo the port or nay otehr
medical officer duly authorized to act for or assist him or in charge of any place set apart for the detention and seclusion of persons actually
suffering frum disease:
' vessel ' includes british and foreign ships of war, as well as all other
vessels:
' port or place at which any infectious or contagious disease prevailed'
means a port or place proclaimed to be such by order of the governor-in-
council published in the gazette, from the date of such proclamation:
'infectious or contagious disease' means cholera, choleraic diarrhoea,
small-pox, tybus fever , yellow fever , bubonic plague, and any such
other epidemic disease as the health officer may consider to imperil th e
safety fo the passengers of crew:
' infected vessel ' meansany vessel which has a case fo any of the above-
mentioned diseases on board or on which one or more cases fo any such
diseases has or have occured wihtin a period of twelve days instead of
twelve:
' susepcted vessel' means any vessel on which one or more cases of
any of the above-mentioned diseases has or have occured at the time
of departure or during the voyage , but on which on fresh case has oc-
curred within a jperiod of twelve day , or , in the case of cholera seven
days, previous to the date fo arrival fo the vessel in the waters of the
colony:
'healthy vessel' means any vessel which , having come from a port or
place at which an infection or contagious disease prevailed , ahs had no
death form and no case of any suhc disease on board while at suhc
port or place , or during the voyage thereform, or on arrival .
2. eveyr ' infected , ' every ' suspected' and every ' healthy' vessel , on
enterng the waters fo the colony, shall fly and keep flying a yellow flag
(letter Q in the international code fo signals) and shall not communicate
wiht the shore until granted pratique by express written order fo the health
officer , who shall board evey such vessel and shall examine all the passengers
and crew thereof : jprovided , nevertheless, that any such vessel which is on a
voyage ot nay other place , and which has held no communication wiht teh
shaore except as permitted by these regulations , may , wiht the wirtten consent
of the health officer, proceed on such voyage or transship her passengers fo r
the purpose fo completing such voyage.
3-(a)eveyr ' infected , ' every ' suspected' and every ' healthy' vessel ,
shall, unless previously granted pratique , proceed at once to the quarantine
anchorage, and shall nto remove therefrom , except from stress fo weather,
until released by order of the health officer . no vessel which is compelled to
leave the quaratine anchorage from stress of weather shall communicate,
except by signals, with the shore or with any other vessesl , and such vessel
shall return to the quarantine anchorage immediately such stress of weather
has subsided : provided that, in that, in case of stress of weather involving probable
actual danger to the vessel, the vessel, the vessel may remove for a time , but shall be
deemed , nevertheless, for all purposes to be subject to all other regulations
applicable to such vessels.
(b) no such vessel shall enter the harbour limits before 6am or after
6pm
4-=(a) the quarantine anchorage shall be within the following bound-
arises:-
western boundary -that part of a line drawn from the western side stonecutters'
island to the western sid of green island ( on the admiralty chart
marked as the harbour boundary);
southern boundary - that part of a line having the naval coal sheds
boundary, and terminating where it meets the western boundary ;
eastern boundary - a north and south line drawn from a white mark
on the south side fo stonecutters' island until it reaches the southern
boundary ; and
northern boundary- the five-fathom line of soundings .
(b) the master of every vessel shall remove his vessel to any part of the
quarantine anchorage , as and when required by the harbour master .
5. the master or other person having the control of any vessel shall give
ot the health officer or boarding officer such information about the vessel , and
the voyage, and the health of the crew and passengers, and otherwise as the
health officer or boarding officer may require, and shall answer truly and
fully all question put to him by the health officer or boarding officer .
6-(a) on the arrival of an 'infected ' vessel at the Quarantine Anchorage,
the health officer shall medically examine all persons on board sucb vessel,
and shall arrange for the removal of any persons suffering from any of the
above-mentioned disases to a hospital and the removal of any dead bodies
for burial . the passengers and crew shall then be kept under observation ,
either on board such vessel or at an observation station to be hereafter
appointed by the governor-in-council , or shall be permitted to land and be
kept under surveillance at their residences on shore , at the discretion of the
health officer : provided that such observation or such surveillance shall in
no case extend for a longer period than ten days , or , in the case of choelrs.
five days , from the date fo arrival of the vessel in the waters of the mer-
chandise on board and fo the baggage adn personal effects fo the passengers
and crew as he may deem necessary, and the master of every such vessel shall
comply with any instruction that the health officer may give as to the dis-
infection and pumping out of bilge water , the disinfection fo drinking water
tanks, and the provision of a proper and adequate supply of fresh drinking
water: provided that any person certified by the health officer to be suf- fering from any illness which such officer suspects may prove to be an
infections or contagious disease may either be detained on board the ship or
be taken to some hospital or other place appointed for the purpose and
detained there for a period not exceeding two days, in order that it may be
ascertained whether his illness is or is not intectious or contagious; and that
during such period the vessel may be treated as an 'infected' vessel.
(b) On the arrival of a ' suspected' vessel at the quarantine Anchorage,
the Health Officer shall medically examine all persons on board such vessel.
the passengers and crew shall, if found to be free from any infectious or con-
tagious disease, be permitted to land, but shall be kept under survillance at
their residences on shore for such period of time as the health Officer may
deem necessary: Provided that such survillance shall in no case extend
for a longer period than ten days, or, in the case of cholera, five days, from the
date of arrival of the vessel in the harbour limits of Victoria. The health
Officer shall then proceed with the disinfection of the vessel and with the
disinfection or destruction of such of the merchandise on board and of the
baggage and personal effects of the passengers and crew as he may deem
necessary; and the master of every such vessel shall comply with any
instructions that the health officer may give as to the disinfection and pump-
ing out fo bilge water , the disinfection of drinking water.
(c) a ' healthy ' vessel shall be visited and the pssengers and crew
medically examined by the health officer , and, if found to be free from any
infectious or contagious disease, such vessl shall be admitted to free pratiquue
immediately on arrival , irrespective of the nature of her bill of health . the
master of every such vessel shall comply with any istructions that the health
officer may give as to the infection and pumping out of bilge water, the
disinfection of drinking water tanks , and the provisions of a proper and
adequate supply of fresh drinkng water. the passengers and crew may,
moreover, at the discretion of the health officer , be kept under surveillance
for a period fo time not exceeding ten days from the time fo leaving the in-
fected port .
7. if any vessel in the water of the colony is known to have any case of
any infectious or contagious disease on board or is a vesssel which ,in the
opinion of the health officer ,ought , according to these regulations , to be
placed under observaion , the health officer shall order such vessel to the
quarantine anchoragte, and the master or person in charge of such vessel shall
thereupon hoist a yellow flag (letter Q in the international code of signals)
\up on such vessel and remove such vessel to the quarantine anchoragte, and
all the regulations applicable to ' infected' vessels shall apply to such
vessel.
8. in case fo a vessal arriving in the waters of the colony having on
board the body of any person who has died from any infectiouw or cntagious
disease, the body shall be disposed fo in such manner as may be ordered by
the health officer; and the master of the vessel shall carry out such orders
as the health officer may give him in relation to the disposal of the
body .
9. no person shall leave any ' infected' or ' suspected' vessel , or hold
commication, except by signals from such vessel with the shore or with
any other vessel or boat, or take or end any person or thing whatsoever on
of the vessel ,until the express written permission fo the health officer has
been communtication to the master or other person having the control of th4e
vessel and such precautions as the health officer may require have been
observed .
10. no person , other than the health officer or persons in his boat, shall
approach within thirty yards of any 'infected' or 'suspected' vessel , or
hold any commication , except by signals, with such vessel or with any per-
son on board of it, or recieve or take any person on board of it , without
having first received the express written person fo the heath officer
and observing such precautions as the health officer may require
11. no person placed on board the hygeia shall leave the same , or hold
\communication , excepjt by signals , with any vessel or boat, or thake or send
any person or thing whatsoever out of the the hypeia , wihtout having first re-
ceived the express written permission of the health office or medical
officer in charge and observing such precautions as such officer may
require.
12. no person , other than the health officer or medical officer in charge
or person exjpressly deputed by them , shall go on board or approach within
thirty yards of , or hold communication , except by signals , with , the hygeia
or with any person in it , or receive or take anything whatsoever, directly ro
indirectly , from the hygeia or from any person in it , without having first
received the express written permission of the health officer or medical
officer in cahrge and observing such precautions as such officer may
require
13. the catain superintendent fo police , and any officers whom he may
appoint for the purpose , may order any person leaving or coming from any
' infected ' or 'suspected' vessel or from the hygenia, ro taking or sending\
any person or thing whatsoever from any such vessel , to remain in , or return
to , and to return such persnns or things to such vessel or to the hygeis, and
may , by such necessary force as the case requires , compel any person re-
fusing or neglecting to observe such order to obey the same .
14. nothing in these regulations shall render liable to detention , disin-
fection , or destruction any article being part of any mails conveyed under
the authority of the postal administraion of any government or shall pre-
judicially affect the delivery in due course fo any such mail to the post
office.
15.where a vessel has passengers on board who are in a filthy or otherwise
unwholesome condition is overcrowded with passengers, emigrants or
otherwise , the health officer may , if in his opinion it is desirable with a
veiw to checking the introduction of any infectous or contagious disease
and on his certifying to that effect, order such vessel to proceed to the
quorantine anchorage or to such place as he may direct , may detain
under observation or surveillance the passengers and crew for such period ,
not exceedign ten days from the arrival of the vessel, as he may direct;
and if the vessel is also an 'infected' or ' suspected' vessel, the measures
prescribed in regulation 6 (a) and 6 (b) respectively may also be enforced
16 any costs and expenses charged or incurred by the government for
the medical attendance and maintenance fo any person , whether on the ship's
articles or not, who is removed to the hygeia or any other hospital or place
from any vessel, under these regulations , for medical treatment or sur-
veillance, or for the burial of any person who may die on any vessel or of any
dead body found on bourd any vessel, or for the cleaning and disinfection of
any vessel or of the merchandise on board any neccessary labour, boats ,
junks, bulks , premises on shore , and disinfecting appliances ,shall be paid to
the government on demand by the owners or agents of the vessel.
17. where any breach of any fo the preceding regulations is committed , all
the persons assisting in any way in the commission of such breach , and the
master or other person having the control fo any vessel or boat on board of
which such breach has been committed , or which has been in any way engaged
in the commission of such breach, shall be severally answerable for such breach ,
and shall be deemed guilty of the same .
18. the preceding regulations shall not in any way interfere with the
internal management of any of her majesty's ships or foreign ships of war
ro with their freedom to proceed to sea, whenever the officer in command
may deem such course requisite .
19-(a) the preceding regulations (with the exception of regulations
15 and 16) shall not apply to any vesssel which has on board as surgeoon or
medical officer a medical practitioner who is entered on the articles of agree-
ment or any similar document , if , after entering the waters of the colony, the
master of the vessel signs a cerificate , in the form no.1 in the appendix to
three regulations, to the effect that there has been no sickness of an infectious
or contagious nature on board such vessel within a period of twelve days
previous to the date of arrival of the vessel within the waters of the colony ,
and if the surgeon or medical officer fo the vessel, after entering the waters
of the colony , signs a certificate , in the form no.2 in the said appendix,
to the same effect, with the addition that he has seen every person on
board such vesssel within the twelve haours immediately precedign his signaature
thereto. in default, however , of either of such certificates being signed , the
precedign regulations shall apply . (b) any master and any surgeon or medical officer fo any such vessel who
signs any such certificate as aforesaid containging any false statemet, and any
person who signs ay such certificate as surgeon or medical officer of the
vessell when not duly entered on such articles or document as aforesaid , shall
be deemed to be guilty of a breach of these regulations , adn may be proceded
against and punished accordingly .
APPENDIX
FORMS
FORM NO . 1
Certificate by master of absence fo infectious or contagious disease.
SS.
HONGKONG
I hereby certify that there has no sickness of an infectious or conta-
gious nature on board the SS.. wihtin a jperiod of twelve days
previous to the date fo her arrival in the waters of the colony of hongkong
dated the day of 1, at o'clock m.
(signed )
master,
S.S.

FORM NO . 2
Certificate by master of absence fo infectious or contagious disease.
SS.
HONGKONG
I hereby certify that there has no sickness of an infectious or conta-
gious nature on board the SS.. wihtin a jperiod of twelve days
previous to the date fo her arrival in the waters of the colony of hongkong
and I further certify that i have seen every jperson on board wihtin the
twelve hours immediately preceding my signature hereto.
dated the day of 1, at o'clock m.
(signed )
surgeon [or medical officer],
S.S.
TABLE M .
REGULATIONS AS TO FAIRWAYS , ETC
I-FAIRWAYS
1.there shalll be three fairways through the harbour for the passage of
vessels of over 60 tons burden, and such fairways sahll be named as
follows:-the ' southern ' the ' central ' and the ' northern fairways'

2.the ' southern fairway ' commences off the gas works and terminates
400 feet west fo the canton steamboat wharf. the north side of the
'southern fairway' is occupied by junks, and the south side by vessels
morred at the praya or the wharves extending therefrom.
3. the 'central fairway' commences off the gas works adn is marked
by two buoys , painted in red and white horizontal stripes and carrying red
lights at night . this fairway is deficed by two lines of mooring buoys
running in an E.S easterly direction.
4. the ' northern fairway' lies between and is defined by the two
nothern lines of mooring buoys west of kowloon peninsula running in an
E.S easterly direction.
5. vessels of over 60 tons burden proceeding through a fairway shall fiy
a pennant at the highest mast-head forward as follows:-
whilst in the ' southern fairway ' a ' penant (f);
whilst in the ' centrl fairway ' a ' white' pennant (c); and
whilst in the ' northern fairway' a ' blue ' pennant (d)
6. all vessels , irrespective of size , shall , whether in a fairway or not
observe the collision regtulations as laid down by her majesty's order-in-
council , issued from time to time under the provisions fo the merchant ship -
ping act; and no vessel whatever shall anchor in any fairway.
II-MAN-OF-WAR ANCHORAGES
NORTH SIDE FO THE CITY OF VICTORIA
7. 'western boundary ' -west corner fo the city hall, in line with buoy
painted cheqered black and white
'nortern boundary ' -from the buoy towards north point fo hong-
kong until it meets the eastern boundary
'eastern boundary '- a line drawn from a gully to the southward of st.
francis's church to the gable -end of that church unttl it meets the northern
boundary .
west side of the kowloon peninsula
8. 'northern boundary '- a line running west from a point 2 1/4 cables
north of the side of the naval dept until it meets teh western boundary
'western boundary '- flagstaff at naval yard , victoria , bearinng S 3/4 E
'southern boundary '- a line 500 feet south fo 'tamar ' buoy running
est and west , meeting the boundary at about 3 1/2 cables from the
shore.
nothing is to prevent ships from proceeding to and from any wharves that
are or may be erected on the west side fo the kowloon peninsula, provided thsuch
ships , if anchoring , give swinging room to vessels at the admiralty buoys III- STEAM-WHISTLES.
9.NO steamship when at anchor near or lying off the praya , or when
moored to or waiting at any wharf or landing-place , shall use hte steam-
whistle ,norshall such steamship, when under way, use the steam-whistle , ex-
cept for the purpose of givign necessary notice fo her approach towards any
other vessel
10. no steamship when entering or leaving the harbour , or when at anchor
therein , shall use fher steam-whistle , except for the purpose fo navigation or to
avoid collision ,. the use fo such steam-whistle for any other purpose is hereby
prohibited .
11. nay infringement fo the offending ship to a penalty not exceeding $100 or ,
in decfault of paymetn , to imprisonment , with or without hard labour, for any
term not exceedign three months
IV- DRUMS , GONES , AND FIREWORKS .
12. no person shall , on board fo ay junnk or other chinese vessel or boat,
without a permit from the registrar general , beat any drum or gong , discharge,
kindle , or let off any firework , or attempt to do so , in the waters of the
colony between the bours of 10pm and 6am , unde3r a penalty not exceeed-
ing fifty dollars or imprisonment , with or without hard labour , for nay term not
exceedig six weeks .
TABLE N
SPECIFICATION OF WEARVES , ETC.
1. the following are specified as ' wharves ' in respect fo which the pro-
visious of section 26 (1) (f) of this ordinance shall apply , namely-
in victoria. at kowloon .
whitty stree wharf . yaumati police station wharf.
wilmer street steps . hunghom wharf .
wing lok street steps.
cleverly street ssteps.
pottinger street wharf
blake pier
murray pier.
aresenal street steps.
jurdine steps 2. the following is declared to be a ' part fo the colony ' in respect of
which the provisions of section 26 (2) (b) fo this ordinance shall apply ,
namely , the shore on the north side fo the city of victoria, form opposite
the gas works at shek-tong-tsui to opposite the cananl at bowingto , and
the shore at kowloon from kowloon point to yamati police station
TABLE O
REGULATIONS AS TO DISCHARGER OF FIREARMS.
1. the portions fo the waters fo the colony within which it is prohibited
to discharge firearms , as provided by section 26 (3) fo this ordinance , are as
follows:-
(a) that portion habing for its eastern boundary a line drawn across the
centre fo teh li-u-min pass and for its western boundary a line
drawn from the west end of hongkong to the west end fo green island,
thence in a straight line ot the west end fo stonecutters' island, con-
tinued to the mainland; and
(b) that portion lying within a line drawn form the west end fo hong-
kong to waterfall bay , thence to hte south end of taitam peninsula ,
continued to cape d'aguilar and cape collinson , terminating at hte
south-east corner fo the li-u-min pass.
2. mail steamers may fire a gun if arriving with the above limits between
9 pm and 6am
TABLE O (A )
TEIVATE BUOYS AND MOORINGS
1. a monthly rental fo $5 shall be payable half-yearly in advance for each
buoy and the moorigns thereof sanctioned by the harbour master . no fees
shall be chargeable on buoys and moorings used solely for warping purposes :
provided that such buoys and moorings shall not, under nay pretence what-
ever, be used for any other purpose than warping .
2. all buoys and moorings shall be kept and maintained in good condition
and in proper position by the owners thereoof and at their own expense .
3. it shall be lawful for the harbour master from time to time to inspect
and require repairs , if necessary, to be relaid and removed.
4. it shall be lawful for the owner of any buoy and moorings so santioned
as aforesaid from time to time to permit other vessels to make use fo the same ,
on such terms as he may think fit.
TABLE P.
LIGHT RO OTHER DUES.
1. all shipjs which enter the waters fo the colony , except british and foreign
ships fo war and except such other ships as are hereby exempted in whole or
in part, shall pay the following dues , namely , one cent per ton .
2. such dues shall be paid either at the time fo entry or at teh time of
clearance
3. all steamers plying only between hongkong and canton or macao, or
the west river which enter the waters fo the colony by day , and all chinese
junks , are hereby exempted from the payment of such dues
4. all steamers plying only between hongkong and canton or macao, or
the west river which enter the waters fo the colony by night shall pay one-
third of a cent per ton .
TABLE Q
RLES FOR THE STORAGE FO GUNPOWDER AND EXPLOSIVES IN HTE
GOVERNMENT GUNPOWER DEP'OTS
1. THE OFFICERS AND men belong to a government gunpowder dpot, and
to every vessel receiveing or discharging explosive out of into such dept,
shall , unless cause is shown to the satisfaction fo the harbour master, be at
such dept adn on board such vessel .
2. during the time that explosive are being received or discharged , no
person shall , in a depot or on boaard of any vessel receiving or discharging the
same or engaged in transhipment thereof, have or use any charcoal or other
combustible matter or any fire or naked light .
3. during such time as aforesaid, no person shall snoke in a depot or on
board of any vessel receiving or discharging explosives or engaged in trans-
shipment therof , nor shall nay persn in a depot or on board of any such
vessel be employed about any work other than and except the receipt , dis-
charge , or transshipment aforesaid .
4. the cargo of every vessel employed in the transshipment of explosives
shall , on her arrival at the depot , be immediately discharged by the owner
or consignee fo such cargo , and shall then be delivered into the depot , and if
the owner or consigee of such cargo fails in so doing , it shall be lawful for
the harbour master or his deputy to have the same dishcharged and delivered
into the depot at the expense fo the said owner or consignee.
5. when explosives are being received into or disharged out of the depot,
the owner or consignee of the same shall attend at the depot or shall send a
responsible representative instead, and any question which may arise as to
the number or weight of cases or kegs received at or delivered out of the depot shall be decided at time by such owner or his representative and the officer
in charge of the depot , who shall , if necessary , refer the same to the harbur
master .
6. no person shall, without the consent in writing of the harbour master
first had and obtained , open any package in a depot.
7. wiht reference to section 36 (10) of this ordinance prohibiting the
keeping of more than 20 lbs. of gunpowder on land , it is hereby directed that
such gunpowder shall not be kept in any package other than one composed of
zinc , copper , or brass,and that the said be placed in a safe and
convenient position beyond the reach of fire or accidents from light , etc.
8. during the time any explosives ar ewaterborne in the waters of the
colony on board of any vessel, eiter for the purpose or in the course fo
carriage , landing , shipment , transhipment , ro movement form one place to
anoather , or otherwise , they shall be protected eiter by being stowed under
batches or by being covered with serviceable tarpulines , and no fires or
naked lights shall be made ro used on board any such vessel unlesss the said
explosives are stowed under hatches , and the said vessel shall display a red
flag, and , unless intending to leave the waters of the colony, shall proceed
without delay ro interruption or anchoring to her destination.
TABLE R
SCALE OF CHARGES FOR STORAGE OF EXPLOSIVES IN GOVERNMENT
GUNPOWDER DEPOT .
scale of charges fro storage fo gunpowder and safety catridges
1. packages containing 25 lbs. adn less of loose gunpowder 7 cents
do. do. 25 lbs and less of gunpowder in tins 10 do.
do. do. more than 25 lbs. and less than
50 lbs of loose gunpowder .................14 do.
do. do. more than 25 lbs and less than 50 lbs.
of gunpowder in tins .........16 do.
do. do. 50 lbs and less than 75 lbs of loose
gunpowder
do. do. 50 lbs and less than 75 lbs of gun-
powder in tins ........22 do
do. do. 75 lbs adn less than 100 lbs of loose
gunpowder ..........26 do.
do. do. 75 lbs and less than 100 lbs. of gun-
powder in tins.........28 do.
and so on , increasing 6 cents per package for each 25 lbs of gunpowder , up
to and in excess of 100 lbs , according as the gunpowder may be loose or in

do. do. 2.package containing safety cartridge to be charged , per 25 lbs. weight ,
6 cents a month and fraction of a month . packages of detonator, 9 cents
per 25 lbs . weight .
3. the weight of the various packages will be determined at the time of
storing , and no alternation will be allowed after they have been received into
the depot .
scale of charges for storages of other explosives .
4. nitro-glycerine or glonoine oil , gun cotton , fulminating mercury , dy-
namite , litofracteur, horsleys' patent blasting powder , etc, etc.
cases fo above containing 25 lbs. and less. ......16 cents
cases containing more than 25 lbs and less than 50 lbs. 28 do.
do. do. 50 lbs. and less than 75 lbs . ........40 do.
do. do. 75 lbs. and less than 100 lbs ... 52 do.
and so on , increasing 12 cents per package for each 25 lbs weight
5. the weight of the various package will be determined at the time fo
storing and no alteration will be allowed after they have been received into
the depot .
6. the government will not be responsible for damage by explosion or by
insufficient or improper packing
table s
anchorages for junes .
I - BETWEEN the soutern limit fo the control fairway and a line
200 yards from jthe praya wall
the estern end , 400 feet west fo the canton steamboat wharf .
the western end , a line drawn in cotinuation of queen street .
II -BETWEEN the soutern limit fo the central fairway and a line drawn
in a w . 1/2 s. direction passing 200 yards off the end fo the
chiina merchants' wharf .
teh eastern end ,a line drawn in continuation of queen street .
teh western end , as far as the harbour master may think fit .
III-yaumati.
southern boundary , a line bearing 8.79 w. from 40 feet north of police
jetty .
northern boundary , a line drawn seaward from a clump of boulders on
british kowloon on with a staff with disc on it bearing s. 83 w
between 9 pm and daylights gun-fire a clear passage of 60 yards from the
shore shall be kept ,
IV -other harbour master's stations
as the harbour master may direct. TABLE T.
TABLE FO FEE FRO JUNES.
trading licence . fishing licences.
$ c $c
1. for vessesls under 25 piculs burden, a year... 0.50
2.for vessels under 500 piculs burden, a year. 10.00 1.00
3. for vessels under 500 piculs burden , a month or }
fraction of a month ...............................} 1.00 0.20
4. for vessels of 500 piculs and less than 1,000 piculs }15.00 3.00
burden , a year....................................}
5. for vessels of 500 piculs and less than 1,000 piculs }1.50 0.40
burden , a month or fraction of a month ................}
6. for vessels of and above 1,000 piculs burden, a year 20.00 5.00
7. for vessels of and above 1,000 piculs burden, a }2.00 0.50
month or frachtion fo a month ....................}
$c
8. anchorage pass , eacb .....0.25
9. special permit, do. ..............0.25
10. day clearance , do,........0.25
11. duplicate licence...........one-tenth of the original fee, in no case
exceedign $1
TABLE U
REGULATIONS FOR THE LICENSIN G, MANAGEMENT ,, AND CONTROL , OF
BOATS, ETC.
General regulations
1. all boats referred to in these regulatiions must be duly licensed as
therein directed. no person shall engage or let out for hir eany boat, unless
it has been licensed according to these regulations ,.
2. every person jin charge of a licensed boat must show his licence when
required to do so by any officer fo the police , registrar general's , or harbour
departments or by teh employer fo such boat, eahc of whom is hereby em-
poered to board and examine such boat .
3. all boats may be stopped and searceed by teh police
4. evry boat shall go alongside a wharf when ordered to do so by a police
constable , and shall, whn conveying passengers , be carefully steered and
travel with reasonable expedition
5. the registrar general is authorized to refuse a licence , or, if a licence \
has been granted , to withdraw the same and cause it to be forfeited , in
respect fo any boat which has 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 mis-
conduct on the part of the licenseee or of any of the crew fo the boat.
6. the licensee or owner of every boat will be held resposible for any
breach of these regulaitons and for any misconduct on the part of himself.
or fo the crew fo his boat .
7. no boat shall lie ,or ply for hir ewithin 300 feet fo any ship fo war
without the written permission of hte harbour master or of the officer in
command of such ship fo war .
8. all boats or vessels licensed under these regulations , on quitting and
entering any port wihtin the waters fo the colony ( excejpt when actually
coveying or in the employ of pleasure parties ) , shall comply wiht the pro-
visions fo this ordinance relating to junk anchorage passes and clearances,
9. any breach of these regualtions shall be punishable wiht a penalty
not exceeding 100 dollars ro , in default of payment , with imprisonment not
exceeding 3 months, with or without hard labour
cargo boats.
10. licences shall be issued by the registrar general , on production of
a certificate from the harbour master or his deputy , stating the particulars
required by the form no. 1 in the appendix to these regualtions . a fee
of one dollar shall be payable to the harbour master for the certificate
the applicant shall furnish the registrar general with his appearance when required
as the registrar general may demand . each licence shall be numbered and
shall not be transferaable .
11. each licence shall state the length , breadth , depty , and dead-weight
capacity fo the boat, together wiht the scale of fares ,adn shall be valid for
one year only , from the 1st fo April .
12. every boat for which a licence has been granted shall carry on each
bow and on its stern , legibly painted upon wook , the number if its licence
in figures 2 1/2 inches in height , and no other number . such number shall
not be concealed, and such boat shall , between sunset and sunrise , exhibit a
light , visble all round , not less than two feet above the gunwale
13. no boat shall have a false bottom or any otehr secret comparment for
the concealmetn of goods or persons.
14 no license shall refuse to let his boat , except for some reasonable
cause .
15 cargo boat will only be allowed to carry such passengers as may be in
charge fo goods or baggage for the conveyance of which the boat is hired or
used , or who may be required or may have been reqired to assit in loadign
or unloadign 16. the following licence fee shall be charged :-
$
1st class boat, 800 piculs capcity 20
2nd do. under 800 and not less than 450 piculs capcity 10
3rd so. do 450 and no tless than 100 piculs capacity 5.
4th do. do . 100 piculs capacity ...................... 3.
17. the following table indicates the maximum scale of hire for cargo-
boats:-
per dy or night of 12 hours. per load.
$c $
1st class boat.. 10.00 5
2nd do. ......... 5.00 3
3rd do. ......... 3.00 2
4th do......... 1.50 1
lighters.
18. licences shall be issued by the registrar general , on production of a
certificate form the harbour master or his deputy , stating the particulars
in the form no. 1 in the appendix to these regulaions. a fee fo one
dollar shall be payable to the harbour master for the certificate . the appli-
cant shall give such security for his appearance when required as the registrar
general may demand. each licence shalll be numbered and shall not be
transferable
19. each licence shall state the length , breath , depth , and dead-weight
capacity of the ligther , adn shall be valid for one year only , from the 1st of
April.
20. evry lighter for which a licence has been granted shall carry on each
how and on its stern , legibly painted , the number of its licence in figures
2 1/2 inches in height , and no other number . such number shall not be con-
cealed , and such leghter shall , between sunset and sunrise , exhibit a bright
white light , visibel all round , at the place where it can be best seeen, but at a
height no texceedign 20 feet above the hull, and , if of 150 feet or upwards in
lenght , shall exhibit two such lights , one at bow and the other at the
stern , the former being not less than 20 and not more than 40 feet above teh
hull , and the latter not less than 15 feet lower than the former .
21. no lighter shall have a false bottom or any other secret compartment
for the concealment of goods or person s.
22. lighters will only be allowed to carry such passegers as may be in
cahrge fo goods or baggage for the conveyance fo which the lighter is engaged
or used , or who may be required or may have been required to assist in load-
ing or unloading 23. the following licence fees shall be charged :-
$
1ST class lighter , 6,000 piculs capcity and upwards .........35
2nd do. under 6,000 and not less than less than 4,000 piculs
capcity ............. 30
3rd do. under 4,000 and not less than 2,000 piculs
capacity ....... 25
4th do. under 2,000 piculs capcity ......... 20
rowign boats plying for hire for passengers only
24.licences shall be issued by the registrar general , on producion of a
cerificate from an inspector of police , stating the particular s in the form
no. 2 in the apppendix to these regulations . the applicant shalll give such
security for his appearance when required , or for the production fo the boat ,
as the registrar general may demand . each licence shallbe numbered and
shall not be transferable .
25. no boat shall carry more than the number fo passengers for which it is
licensed .
26. each licence shall state the legth and breadth fo the boat , togetehr
with the scale fo fares , and shall be valid for one year only , from the 1st fo July.
27. every licensed boat shall carry on each bow and on the stern , legibly
painted upon wood , the number fo its licence in figures at least 2 inches in
heights, and no other number ,a nd such number shall not be concealed . such
boat shall , between sunset and sunrise exhibit a light at the bow , visible all
round; adn shall also keep a lighted lantern with the licence number either
painted on the glass or cut in on the frame in figures at least 2 inches in
height , to be produced when demanded.
28. no person in charge of a boat shall demand more than the fare pro-
vided by these regulations, nor shall be refuse to take a passenger , except for
some reasonable cause , anywhere between the north point fo hongkong and
humhom point on the east ; belcher's bay and the weat point of stonecutters'
island on the west ; shamshuipo and the west point fo sonecutters' island on
the north .
29. the person in charge of the boat shall show the scale of fares to anyone
demanding to see it .
30. the following licence fees shall be charged:-
$c
1st class boat, measuring upwards fo 40 feet in length .. 10.00
2nd do. do . from 30 to 40 do. 7.00
3rd do. do. do 20 to 30 do. 5.00
4th do. do . do . 12 to do 3.00
5th do. do . less than 12 feet in length 1.00
village boat 0.50 31. the following table indicates the maximum scale of hire for rowing
boats :-
per day fo 12 hours.
$c
1st class boat... 2.00
2nd do. 1.50
any other boat 1.00
per hour with two passengers.
all boats 20 cents.
half an hour 10 do.
for each extra passenger 5 cents for half-an-hour, 10 cents per hour .
between sunset and sunrise, 5 cents extra per passenger.
cinder boats, bum boats, hawkers' boats , and marine-dealers' boats
32. licences shall be issued by the registrar general , on production of a
certificate from an inspector of police , stating the particulars in the form
no . 3 in appendix to these regulations. the applicant must furnish
suc h security for his appearance when required , or for the production of the
boat, as the registrar general may demand . each licence shall be numbered
and shall not be transferable .
33.each licence shall state the length and breadth of the boat, and shall
be valid for one year only , from the 1st fo July .
34. every licensed boat shall carry on each bow and on the ster , legibly
paint upon wood, the number of its licence in figures at least 2 inches in
height ,and no other number , and such number shall not be concealed . such
boat shall , between sunset and sunrise , exhibit a light at the bow , visible all
round ; adn shall also keep a lighted lantern with the licence number either
painted on the glass or cut in on the frame in figures aat least 2 inches in
height , to br produced when demanded.
35. the following licence fees shall be charged :-
$c
1st class boat, measuring upwards of 40 feet in length 5.00
2nd do. do. from 30 to 40 feet in length 3.00
3.rd do. do .do. 20 to 30 do. 2.00
4th do. do . do . 12 to 20 do. 1.00
5th do. do. less than 12 feet in length 0.50
water boats.
36. licences shall be issued by the registrar general , on production of
a certificate from an inspector of police , stating the particulars in the
form no . 3 in the appendix to these regulations , and certifying that the said boat is fit and proper to be used porper to be used as a water boat. the applicant
must furnish such security for his appearance when reqired , or for the pro-
duction of the boat, as the registrar general may required .
37. the licence fees to be charged for water boats shall be the same as
provided in regulation 30.
fish-drying hulks.
38. licences shall be issued by the general , on production of a
certificate from an inspector of police , stating the particulars in the form
no. 4 in the appendix to these regulations . the applicant must furnish .
such security for his appearance when required as the registrar general may
demand . each licence shall be valid for one year only , from the 1st of
July
40. every licensed hulk shall carry on each how and on the stern , legibly
painted upon wood, the number of its licence in figure 2 1/2 inches in height ,
and such number shall not be concealed . such hulk shall, between sunset
and sunrise, exhibit a light at the bow , visible all round .
41.the following licence fees shall be charged :-
$
1st class hulk , 2,000 piculs capacity and upwards........ 20.
2nd do. under 2,000 and not less than 41,000 piculs
capacity .... 15
3rd do. under 1,000 piculs capacity ........ 10
all other boats or vessesls fo any description and used for any purposse not
specified in regulations 10 to 37 , inclusive , except bond fide pleasure boats .
42. licences shall be issued by the registrar general , on production of a
certificate from the harbour master or his deputy , stating the particulars in
shall be payable to the harbour master for the certificate . the applicant
shall give such security for his appearance when required as the registrar
generalmay demand . each licence3 shall be numbered and shall nto be
transferable
43. each licence shall state the length , breadth , depty , an dead-weights
capacity fo the boat ,and shall be valid for one year only , from the 1st of April .
44. evry licensed boat shall shall carry on each bow and on the sterm . legibly
painted upon wood , the number of its licence in figures at least 2 1/2 inches
in height , and no other number ,and such number shall no tbe concealed
such boat shall , between sunset and sunrise , exhibit a light at the bow , vis-
ible all round , not less than two feet above the gunwale . 45. the following license fees shall be charged :-
$c
1st class boat ,800 piculs capacity and upwards .....20.00
2nd do, under 800 and not less than 450 piculs
capacity ..... 10.00
3rd do under 450 and not less than 100 piculs capacity .5.00
4th do. under 100 piculs capacity ........... 3.00
5th do. do. 50 do. ..... 1.00
6th do. do . 25 do. ........ 0.50
46. whenever any certificate or licence required by these regulations has
been lost or destroyed , a duplicate thereof may be granted by the proper
officr , if he is satisfied of such loss or destruction , on payment of one-tenth
of the original fee, in no case exceeding $1.00.
APPENDIX
FORMS
FORM NO. 1.
certificate for cargo boat or lighter licence .
no.
class
victoria, 1
I certify that i have examined the * owned by
applicant for a licence , and that i find the boat is in all respects fit and
proper to employed in the transmission of cargo.
length

breadth
capacity piculs
*state whetehr cargo boat or lighter
fee $1
(signed )
inspector of cargo boats. FORM NO. 2.
certificate for passenger boat licence .
no .
class
victoria, 1.
i certify that i have examined the passenger boat owned by
applicant for a licence ,and that i find the boat is
in all respects fit and proper to be employed in teh conveyance of
passengers.
length
breadth
(signed )
inspector of police.
FORM NO. 3.
certificate for cinder boat, etc, or water boat licence .
no .
class
victoria, 1.
i certify that i have examined the* passenger 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
length
breadth
*state whether cinder boat, etc.
(signed )
inspector of police. FORM NO. 2.
certificate for fish-drying hulk.
no .
class
victoria, 1.
i certify that i have examined the fish-drying hulk owned by
applicant for a licence ,and that i find the bulk is
in all respects fit and proper to be employed in that capacity
length
breadth
capacity piculs.
(signed )
inspector of police.
FORM NO. 5.
certificate for boat of other kind
no .
class
victoria, 1.
i certify that i have examined the boat owned by
applicant for a licence ,and that i find the boat is
in all respects fit and proper to be employed in that conveyance of piculs dead-weight
capcity .
length
breadth
capacity piculs.
fee $1
(signed )
inspector of police.
38a A.D. 1899.
Ordinance No. 36 of 1899, with Ordinance No. 31 of 1901 incorporated.
Short title.
Interpretation of terms. Certificate or licence required by ship in waters of the Colony. Qualifications for holding Certificates of Colonial Registry. 57 & 58 Vict.c. 60. Declaration necessary for Colonial Registry. Documents necessary for Colonial Registry. Surveyor's certificate. Marking of ship. M.S.Act, 1894, s. 7. Production of Certificate of Colonial Registry to Harbour Master. Proof of register, etc. Use of British flag. Change of owner or master. Nationality of master. Carrying of passengers by Colonial ship. Colonial ship to be subject to the Ordinance, Merchant Shipping Acts, etc. 57 & 58 Vict.c. 60. Duration of Certificate of Colonial Registry. Consent to prosecution. Master, mate, and engineer to possess certificates. 57 & 58 Vict.c. 60. Certificated officers of British ship, Colonial ship exceeding 60 tons, and Foreign ship holding passenger certificate. M.S.Act, 1894, s. 92. Certificated officers of Colonial ship not exceeding 60 tons. Ship leaving without certificated officers. Penalty on uncertificated person. Use of official log as evidence. Examinations for certificates. Rules for examinations. Applicant for certificate to give notice to Harbour Master. Appointment of board of examiners. 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 candidate. Certificate to be subject to Regulations. Copy of certificate to be granted in case of loss. M.S.Act, 1894, s. 101. Production of certificates. Ib.s.103. Forgery of certificate. Ib.s.104. Mercantile Marine Office. Shipping of seamen. Agreement to be made for shipping. M.S.Act, 1894, s. 113. 57 & 58 Vict.c. 60. Penalty for shipping without agreement. Ib. Fees payable on engagement and discharge. Schedule: Table I. Payment and deduction of fees. Schedule: Table J. No seaman to be discharged without sanction and due provision for maintenance. Penalty on seaman for wrongfully remaining behind. Place of discharge. Master to give to seaman discharged in the Colony certificate of discharge, and, if required, account of wages. Penalty for forgery of document, and for false description or statement. Penalty for forcing or leaving seaman on shore. Limited exemption of seaman shipped under the Ordinance from liability to arrest on civil process. Establishment and regulation of boarding-houses. Schedule: Table K. Penalty for keeping unlicensed boarding-house. Duties of boarding-house keeper. Certificated officer may lodge elsewhere. Relief of semen belonging to vessel registered in the Colony. 57 & 58 Vict.c. 60. Payment of expenses incurred in the Colony for relief of such seamen. Re-payment of expenses incurred elsewhere than in the Colony. Ship to carry medicines, medical stores, etc., in accordance with scale issued by Board of Trade. 57 & 58 Vict.c. 60. Owner, etc., neglecting to provide medicines and medical stores to be guilty of misdemeanor. Inspection of medical stores. M.S.Act, 1894, s. 202. Master of ship before shipping seaman may require him to undergo medical inspection. Keeper of licensed boarding-house to report state of boarders' health. Penalty on seaman for offering obstruction to removal to hospital. Death or desertion to be reported. Penalty on master for filthy condition of ship. Seaman or apprentice deserting may be apprehended and put on board vessel to which he belongs, etc. M.S.Act, 1894, s. 238. 57 & 58 Vict.c. 60. Ship or house may be searched for deserter from ship. Penalty on person harbouring deserter from ship. Harbour Master or Deputy may require master to search for suspected deserters, and to make declaration of such search. Offences against discipline. M.S.Act, 1894, s. 221. Ib. Ib.s.225. Ib. M.S.Act, 1894, s. 225. Ib. Ib. Ib. Ib. Payment of expenses. Interpretation of term. Passenger ship to be surveyed once a year. M.S.Act, 1894, s. 271(1.)(a.) 57 & 58 Vict.c. 60. Passenger ship not to clear out without certificates of survey. Ib.s.271(1.)(b.), (2.) Appointment and remunera- tion of surveyors. Surveyor to have power to inspect ship, etc. Governor to regulate mode of survey. Schedule: Table C. Penalty for wrongfully receiving or offering fees. Owner to have survey made by surveyor, and surveyor to give certain declarations as to hull and equipments. 18 & 19 Vict.c. 104. Schedule: Table D. 57 & 58 Vict.c. 60. Transmission of declarations to Colonial Secretary. Issue of certificate. Transmission of certificate. Appeal to Court of Survey. 18 & 19 Vict.c. 104. Schedule: Table H. Report of Court of Survey. Costs. No appeal to Court of Survey in certain case. Objections to constitution of Court. Fees to be paid for certificate Schedule: Table C. Duration of certificate. Governor may cancel certificate and require fresh declarations. Certificate to be placed in conspicuous part of ship. Surveyors to make returns of build and other particulars of steamship, and owner, etc., to give information for that purpose. Punishment for false declaration. Report to Harbour Master of accident to passenger ship. M.S.Act, 1894, s. 425. Equipment of passenger ship. Safety valve. Adjustment of compasses. Fire hose. Signals. Shelter for passengers. 18 & 19 Vict.c. 104. Penalty for inadequate equipment. In case of non-compliance Harbour Master to refuse clearance. Schedule: Table D. Penalty for improper weight on safety valve. Harbour Master may refuse clearance to ship carrying more passengers than allowed by certificate. Penalty for taking more passengers than allowed by clearance. Penalty on owner, etc., in like case. Production of passenger certificate. Deck passengers. Power to make rules. Classes of ships. Boats, etc. Life-saving apparatus. Schedule: Table A. Duties of owner and master. Penalty for neglect. M.S.Act, 1894, s. 430. Inspection by surveyor. Notice of deficiency. Harbour Master not to clear ship not complying with above provisions. Marking of deck-lines. M.S.Act, 1894, s. 437. Marking of load-line. Ib.s.438. Penalty in case of British or Colonial ship neglecting to mark lines. Penalty for inaccurate marks. Submerged load-line. M.S.Act, 1894, s. 439. Delivery of written statement to Harbour Master. Government Marine Surveryor to approve and certify on behalf of Governor. Ship to be kept marked. Definition of 'amidships.' Restriction on carriage of dangerous goods. Penalty for misdescription of dangerous goods. Definition of 'dangerous goods.' Power to refuse to carry goods suspected of being dangerous. Ship with dangerous goods not to carry more than twenty passengers. No. 1 of 1873. Power to throw overboard dangerous goods. Forfeiture of dangerous goods impropertly sent or carried. Court may proceed in absence of owner of goods. Saving as to enactment relating to dangerous goods. See Ordinance No. 1 of 1873. Carriage of grain. Penalty for unlawfully carrying grain. Sending unseaworthy British or Colonial ship to sea a misdemeanor. Master knowingly taking unseaworthy ship to sea. Consent of Governor to prosecution. Misdemeanor not punishable on summary conviction. Power to detain unsafe ship, and procedure for such detention. Liability of Government and of shipowner for costs and damages. See Ordinance No. 3 of 1901. Power to require from complainant security for costs. Supplementary provisions as to detention of ships. 57 & 58 Vict.c. 60. Application to Foreign ships of provisions as to detention. Governor may appoint Marine Court. M.S.Act, 1894, s. 478. Constitution of Court. Unofficial members of Court to be remunerated. Enumeration of Shipping casualties. M.S.Act, 1894, s.464. Cases for inquiry, and jurisdiction of Court. Ib.s.478. 57 & 58 Vict.c. 60. Inquiry not to be held if matter has already been subject of investigation. M.S.Act, 1894, s. 478. Inquiry not to be held if inquiry has been commenced in the United Kingdom. Ib. Grounds for cancelling or suspending certificate. Ib.s.470. Decision of Court. Ib. Report of Board of Trade. M.S.Act, 1894, s.470. Order-in-Court, 9th May, 1890. Copy of report to be furnished. M.S.Act, 1894, s. 470. Board of Trade may order re-hearing. Person who applies for Court to assist it. Ib.s.406. Further powers of Court. No. 3 of 1890. Members to sign report. Delivery up of certificate. Re-hearing. Rules as to procedure, fees, etc. Schedule: Table G. Opportunity for defence. Constitution, powers and procedure of Court of Survey. 57 & 58 Vict.c. 60. Rules as to procedure, fees, etc. Schedule: Table H. Power to order payment of costs of investigation. No. 3 of 1890. Saving of Admiralty Jurisdiction of the Supreme Court. Declaration of Ports, and prohibition of ship or junk anchoring elsewhere. Merchant ship arriving to hoist her colours and number. Harbour Master and Health Officer to be allowed on board at once. Schedule: Table K(a.). Ship to be moored where ordered, and not removed therefrom without permission. Ship to be entered within 24 hours. All direction of Harbour Master to be followed. Blue Peter to be hoisted and port clearance to be obtained before departure. Governor-in-Council may make quarantine regulations Schedule: Table L. Penalty for breach of quarantine regulations; and powers of Police to arrest, etc. Recovery of costs and expenses. Fairway to be kept clear. Lights on junk. Ship to exhibit light at night. Art. 11 of Collision Regulations. Precaution in case of fire or disturbance. Governor-in-Council may make regulations, etc. Schedule:Table M. Punishment of various offences. Damaging furniture of vessel. Throwing into water goods unlawfully obtained. Obstruction of harbour by rubbish, etc. Boarding ship without permission. Making fast to ship under way. Receiving or landing passengers unlawfully. Schedule: Table N. Obstruction of wharf, improper mooring, etc. Firearm not to be used except in certain cases. Schedule: Table O. Harbour Master may remove obstruction, etc. Government moorings. Private moorings. Schedule: Table O (a.). Mooring of hulks, etc. Use of moorings. Fees for hulks. Schedule: Table U. Rules. Rules for fishing stations, stakes and nets. Power to order removal of fishing station, etc. Fees for use of fishing stations, etc. Rules for fishing generally. Penalty for disobedience to the Ordinance and rules. Boarding of vessels for Police purposes. Arrest on board of offender. Authority to stop vessel. Interpretation of terms. Power to erect lighthouses, etc. Power to raise necessary funds by public loan. Power to advance funds out of Colonial Treasury. Owner, etc. of ship to pay dues. Schedule: Table P. Power to Governor-in-Council to regulate dues. Table of dues to be exhibited. Ship not to be cleared without production of receipt for dues. Power of distress for dues. Ship's burden to be ascertained by measurement in certain cases. Penalty on master for departing without paying dues, etc. Penalty for injuring lighthouse, etc. Making of regulations. Application of ss. 31-33 to Gap Rock Lighthouse. Harbour Master may prohibit false light. If not obeyed, Harbour Master may abate false light. Vessels and buildings for storage of explosives. Government Gunpowder Depot. Vessel not to anchor within 500 yards of Depot. Harbour Master to be furnished with particulars of explosives arriving in the Colony. Master to take vessel to specified place. When red flag to be exhibited. Vessel not to anchor within 500 yards of any other vessel. Mode of proceeding when explosives are to be exported. No gunpowder to be shipped, etc., at night. Limit of storage without written permission. Search warrant may be granted. Governor-in-Council empowered to make rules and regulations for carrying out provisions of s. 36 and to fix charges. Schedule: Table Q and R. Payment and recovery of sums for storage. Penalty for offences under s. 36. Saving as to Dangerous Goods Ordinance, 1873. No. 1 of 1873. Exception of ships of war and Government stores. Gunpowder Anchorage. Steamships under 60 tons not to ply for hire without licence. 57 & 58 Vict.c. 60. Harbour Master may grant licence. Regulations. Schedule: Table E. Alteration or repeal of regulations. Penalty for licensed steamship carrying passengers in excess. Penalty for unlicensed steamship carrying passengers in excess. Penalty for steamship plying without certificated master or engineer. Undue pressure on safety valve. Steamship to exhibit lights. Cancellation of licence, etc. Report of arrival and particulars to be furnished. Anchorage pass. Steamship not to leave Port of the Colony without clearance or special permit. Night clearance. Notice of departure. Special permit. Penalty for infraction of sub-ss. (11.) (15.). Improper use of licence, etc. Disobedience of order of Harbour Master. Offences against s. 37 or against regulations. Exemption of steamship used for pleasure. Survey of boilers of unlicensed steamship. Use of unsurveyed ship. Fee for survey. Exemption of certain steam launches. Granting of special licence to River steamer. Schedule: Table F. Duration of licence. Penalty for exceeding number of passengers allowed by licence. Interpretation of terms. Harbour Master's Anchorages for junks. Schedule: Table S. Place of anchorage for unlicensed junk. Berthing of unlicensed junk. Report of arrival and particulars to be furnished by master of junk. Anchorage pass. Prohibition of junk leaving or removing without clearance or special permit. Prohibition of junk leaving at night. Hoisting of flag before departure. Granting of special permit to master of junk. Penalty for unlawful using licence, pass, clearance, or special permit for junk. Granting of trading licence to owner of junk. Granting of fishing licence to owner of junk. Granting of licences to other vessels. Unlicensed fishing vessels. General powers of Harbour Master over junks, etc. Discipline of harbour. Penalty for disobeying Harbour Master's order. Penalty on master of junk for bringing mendicant, etc., into the Colony. Power to board junk and demand inspection of documents. Liability of junk to be sold for satisfaction of penalty not paid by master. Transfer to purchaser upon sale of junk. Trial of offences under s. 39. Making of rules and regulations, fixing of fees, etc. Schedule: Table T. Penalty on master of junk for infraction of sub-s. (4.) or sub-s. (5.) Penalty on master of junk for infraction of sub-s.(6.) or sub.-s.(10.) Penalty on master of junk for infraction of sub-s.(8.) or sub.-s.(9.) Making of regulations for licensing of boats, etc. Schedule: Table U. Punishment for drowning of passengers in overcrowded boats. Application of certain part of Merchant Shipping Act, 1894. 57 & 58 Vict.c. 60. Trial in the Colony of misdemeanors and offences under Merchant Shipping Acts, 1894. No. 3 of 1890. No. 3 of 1890. Trial of offences and recovery of penalties, expenses, etc., under the Ordinance. Penalty for breach of the Ordinance not specially provided for. Service of documents. Power to detain ship in certain cases. M.S.Act, 1894, s. 692(3.) Penalty for taking detained ship to sea. Penalty for taking to sea officer authorized to detain ship, etc. Rule as to proof of exception, etc. 57 & 58 Vict.c. 60. Forgery of certificate, etc. Power to make rules and regula- tions generally. Power to impose penalties. Publication of rules and regulations, etc. Effect of publication of rules and regulations, etc. Payment of remuneration to certain persons. Payment of costs, etc. Fees payable. Schedule: Table B, C, etc. Fees, etc., to be paid into Colonial Treasury. Abstract of portions of the Ordinance to be given to master on arrival. Exemption of ships of war. Application of the Ordinance to ships propelled by electricity, etc. Section 13(1.) Arrangement of ships into classes. Boats to be carried under davits. Table. Claim to carry fewer boats. Description of half of boats. Description of remainder of boats. Additional boats or life-rafts. Additional boats, etc., in case of ship with watertight compartments. Life-buoys and life-belts to be carried. Boats to be carried under davits. Life-belts to be carried. Life-buoys to be carried. Boats to be carried under davits. Additional boats or liferafts. Buoyant deck fittings in lieu of additional boats or liferafts. Life-buoys to be carried. Construction of boats. Mode of ascertaining cubic capacity of boat. Mode of ascertaining number of persons to be carried by boat. Description of appliances for getting boats into water. Equipment for boats and life-rafts. Additional equipment for boats of Section A and B. Determination of number of persons to be carried by life-raft. Buoyant apparatus. Life-belts. Life-buoys. Position of life-belts and life-buoys. Section 43 (3.) Section 10 (6.) and (17.) and 43 (3.) Fees to be paid for surveys of steamships for passenger certificates. Fees to be paid for surveys of ships under Chinese Passengers Acts. Fees to be paid for measurement of tonnage. Fees to be paid for inspection of berthing or sleeping accommodation of crew. Fees to be paid for inspection of lights and fog signals. Fees to be paid for inspection of marking of vessels. Fees to be paid for inspection of tracings. Fees to be paid for survey for change of name. Fee to be paid for recording change of name, etc. Fee to be paid for survey for re-registry, etc. Fee to be paid for survey before transfer to foreign flag. Fees to be paid for minor inspection. Fee to be paid for remeasurement of passenger accommodation. Fee to be paid for survey of ship's bottom. Fee to be paid for survey of boilers. Fee to be paid for certifying load-line. Fees for overtime services. Sections 10 (8.)(a.)(v.) and 11 (3.) Spaces to be allotted to passengers in ships solely employed in coasting trade. Spaces to be allotted to passengers in ships employed in foreign trade. General regulations as to accommodation for passengers. Sections 3 (12.), 37 (3.), and 43 (3.) Survey for licence. Particulars in certificate of survey. Issue of licence for vessel. Painting of name, etc., on vessel. Fee for certificate Fees for licence. Deduction from number of passengers. Prohibition of carriage of dangerous goods. Fee for examination of master or engineer. Suspension of cancellation of certificate of master or engineer. Exhibition of licence. Delivery up of licence in specified case. Interpretation of term. Reporting of name of master, etc., engaged. Reporting of name of maste, etc., discharged. Production of certificate on engagement, etc. Reporting of discharge by master, etc. Keeping of record of engagements and discharges. Exemptions. Penalty for breach of Regulations. Section 38 (1.) Passengers on lower deck. Passengers on upper deck and cabins. Proviso as to number of passengers. Supply of life-boats, etc. Restriction as to decks. Deduction from number of passengers. Section 19(18.) Service of preliminary notice of Marine Court. Appendix: Form No.1. Service of notice of holding of Court. Appendix Form No. 2; Form No. 3; Form No. 4. Adjudication in absence of person served. Service of notice on certificated officers. Service of notice on other person, etc. Proceedings at investigation into shipping casualty. Proceedings at inquiry into charge of misconduct or imcompetency. Restriction of power of cancelling certificate. Adjournment of Court. Judgement of Court. Rule 1. Rule 2. Rule 2. Rule 2. Sections 10 (12) and 20 (2.) Filing of notice of appeal. Appendix: Form No. 1. Proceedings for constitution of Court. Summoning of Court. Appendix: For No. 2. Notice to complainant of hearing. Forwarding of copy of report of surveyor. Time for hearing of appeal. Parties to proceedings. Parties by permission. Proceedings on behalf of Governor. Proceedings by complainant. Proceedings by appellant. Calling of witness in reply. Addresses of parties. Adjournment of Court. Delivery of decision. Release or detention of vessel. Appendix: Form No. 3. Report to Governor. Appendix: Form No. 4. Fees. Rule 1. Rule 3. Rule 16. Rule 17. Section 43(3.); Rule 18. Sections 5 and 43(3.) Sections 5 and 43(3.) Section 6. Affixing of sign board over door. Construction of house. Kitchen accommodation. Accommodation for boarders. Room for chests, etc., of boarders. Washing rooms, etc. Removal of filth. No communication with adjoining houses. Conditions of receiving seaman as boarder. Keeping of books and accounts. Furnishing of account to boarder. Prohibition of supply of spirituous liquor. Exclusion of prostitutes. Hour of closing. Prohibition of gambling and prevention of disorder. Illness of boarder. Furnishing of weekly list of seamen boarders. Restriction on right of discharge of boarder. Inspection of boarding-house. Posting up of Rules. Penalty for infraction of Rules. Fees payable by boarder. Restriction on right of deducting from advance. Prohibition of detention of clothing, etc. Appeal of boarder against account. Shipment of men from boarding-house. Weekly charge for board and lodging. Section 22(2.) Section 23(1.) Interpretation of terms. Flying of yellow flag on arrival, and examination by Health Officer. Proceeding to Quarantine Anchorage. Position of Quarantine Anchorage. Obligation to give information about vessel, etc. Examination of persons on board vessel on arrival, and proceedings thereafter. Ordering of vessel to Quarantine Anchorage. Disposal of body on board dead of infectious or contagious disease. Prohibition of communication with shore, etc., by 'infected' or 'suspected' vessel. Prohibition of communication from outside with 'infected' or 'suspected' vessel. Prohibition of communication with outside by person on board Hygeia. Prohibition of communication from outside with Hygeia. Police prevention of communication. Exemption of postal matter. Ordering of vessel with filthy passengers, etc., to Quarantine Anchorage. Costs and expenses of medical attendance of person removed to Hygeia, etc. Liability of all persons concerned for breach of Regulations. Exemption of ships of war. Exemption, subject to certain conditions, of vessel with surgeon on board. Appendix: Form No. 1; Form No. 2. Regulation 19. Regulation 19. Section 25(4.) Southern, Central and Northern Fairways. Limits of Southern Fairway. Limits of Central Fairway. Limits of Northern Fairway. Pennants to be flown in Fairways. Observance of Collision Regulations, etc. Limits of Man-of-War Anchorage on north side of Victoria. Limits of Man-of-War Anchorage at Kowloon. Use of steam-whistle when at anchor near Praya, etc. Use of steam-whistle when entering Harbour, etc. Punishment for infringement of Regulations 9 and 10. Restriction on beating of drums or gongs and on discharge of fire-works. Section 26(1.) Specification of wharves subject to certain enactment. Specification of 'part of the Colony' subject to certain enactment. Section 26(3.) Areas within which discharge of firearms is prohibited. Right of mail steamer to fire gun within certain hours. Section 28(2.) and 43 (3.) Rental. Maintenance. Inspection. Use by others than owner. Sections 32 (1.) and 43 (3.) Liability to dues and amount. Time of payment. Vessels exempted. Reduction of amount for certain vessels. Section 36 (12.) Place of officers and men when explosives received or discharged. Prohibition of use of charcoal, etc. Prohibition of smoking, etc. Discharge of cargo. Attendant of owner or consignee at receipt or discharge of explosives. Restriction on opening of packages. Mode of keeping gunpowder for private use. Protection of waterborne explosives. Sections 36 (12.) and 43(3.) Charges for gunpowder loose and in tins. Charges for safety cartridges and detonators. Determination of weight of packages. Charges for other explosives. Determination of weight of packages. Government not responsible for damage. Section 39 (3.) Sections 39 (25.) and 43 (3.) Sections 28(5.), 40(1.), and 43(3.) Obligation of licence. Showing of licence to certain officers. Power to stop and search. Regulation of movements. Refusal or forfeiture of licence. Responsibility of licensee or owner. Prohibition of plying near ship of war. Compliance with provisions as to passes and clearances. Penalty for breach of Regulations. Issue of licence, fee, security, etc. Appendix: Form No. 1. Particulars and duration of licence. Painting of number of licence and exhibition of light. Prohibition of false bottom. Obligation to let boat. Restriction on conveyance of passengers. Licence fees. Maximum scale of hire. Issue of licence, fee, security, etc. Appendix: Form No. 1. Particulars and duration of licence. Painting of number of licence and exhibition of lights. Prohibition of false bottom. Restriction on conveyance of passengers. Licence fees. Issue of licence, security, etc. Appendix: Form No. 2. Number of passengers. Particulars and duration of licence. Painting of number of licence and exhibition of lights. Obligation as to fare and passengers. Exhibition of scale of fares. Licence fees. Issue of licence, security, etc. Appendix: Form No. 3. Particulars and duration of licence. Painting of number of licence and exhibition of lights. Licence fees. Issue of licence and security. Appendix: Form No. 3. Licence fees. Issue of licence, security, etc. Appendix: Form No. 4. Particulars and duration of licence. Painting of number of licence and exhibition of light. Licence fees. Issue of licence, fee, security, etc. Appendix: Form No. 5. Particulars and duration of licence. Painting of number and exhibition of light. Licence fees. Duplicate of lost certificate or licence. Regulations 10 and 18. Regulation 24. Regulations 32 and 36. Regulation 38. Regulations 42.

A.D. 1899.
Ordinance No. 36 of 1899, with Ordinance No. 31 of 1901 incorporated.
Short title.
Interpretation of terms. Certificate or licence required by ship in waters of the Colony. Qualifications for holding Certificates of Colonial Registry. 57 & 58 Vict.c. 60. Declaration necessary for Colonial Registry. Documents necessary for Colonial Registry. Surveyor's certificate. Marking of ship. M.S.Act, 1894, s. 7. Production of Certificate of Colonial Registry to Harbour Master. Proof of register, etc. Use of British flag. Change of owner or master. Nationality of master. Carrying of passengers by Colonial ship. Colonial ship to be subject to the Ordinance, Merchant Shipping Acts, etc. 57 & 58 Vict.c. 60. Duration of Certificate of Colonial Registry. Consent to prosecution. Master, mate, and engineer to possess certificates. 57 & 58 Vict.c. 60. Certificated officers of British ship, Colonial ship exceeding 60 tons, and Foreign ship holding passenger certificate. M.S.Act, 1894, s. 92. Certificated officers of Colonial ship not exceeding 60 tons. Ship leaving without certificated officers. Penalty on uncertificated person. Use of official log as evidence. Examinations for certificates. Rules for examinations. Applicant for certificate to give notice to Harbour Master. Appointment of board of examiners. 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 candidate. Certificate to be subject to Regulations. Copy of certificate to be granted in case of loss. M.S.Act, 1894, s. 101. Production of certificates. Ib.s.103. Forgery of certificate. Ib.s.104. Mercantile Marine Office. Shipping of seamen. Agreement to be made for shipping. M.S.Act, 1894, s. 113. 57 & 58 Vict.c. 60. Penalty for shipping without agreement. Ib. Fees payable on engagement and discharge. Schedule: Table I. Payment and deduction of fees. Schedule: Table J. No seaman to be discharged without sanction and due provision for maintenance. Penalty on seaman for wrongfully remaining behind. Place of discharge. Master to give to seaman discharged in the Colony certificate of discharge, and, if required, account of wages. Penalty for forgery of document, and for false description or statement. Penalty for forcing or leaving seaman on shore. Limited exemption of seaman shipped under the Ordinance from liability to arrest on civil process. Establishment and regulation of boarding-houses. Schedule: Table K. Penalty for keeping unlicensed boarding-house. Duties of boarding-house keeper. Certificated officer may lodge elsewhere. Relief of semen belonging to vessel registered in the Colony. 57 & 58 Vict.c. 60. Payment of expenses incurred in the Colony for relief of such seamen. Re-payment of expenses incurred elsewhere than in the Colony. Ship to carry medicines, medical stores, etc., in accordance with scale issued by Board of Trade. 57 & 58 Vict.c. 60. Owner, etc., neglecting to provide medicines and medical stores to be guilty of misdemeanor. Inspection of medical stores. M.S.Act, 1894, s. 202. Master of ship before shipping seaman may require him to undergo medical inspection. Keeper of licensed boarding-house to report state of boarders' health. Penalty on seaman for offering obstruction to removal to hospital. Death or desertion to be reported. Penalty on master for filthy condition of ship. Seaman or apprentice deserting may be apprehended and put on board vessel to which he belongs, etc. M.S.Act, 1894, s. 238. 57 & 58 Vict.c. 60. Ship or house may be searched for deserter from ship. Penalty on person harbouring deserter from ship. Harbour Master or Deputy may require master to search for suspected deserters, and to make declaration of such search. Offences against discipline. M.S.Act, 1894, s. 221. Ib. Ib.s.225. Ib. M.S.Act, 1894, s. 225. Ib. Ib. Ib. Ib. Payment of expenses. Interpretation of term. Passenger ship to be surveyed once a year. M.S.Act, 1894, s. 271(1.)(a.) 57 & 58 Vict.c. 60. Passenger ship not to clear out without certificates of survey. Ib.s.271(1.)(b.), (2.) Appointment and remunera- tion of surveyors. Surveyor to have power to inspect ship, etc. Governor to regulate mode of survey. Schedule: Table C. Penalty for wrongfully receiving or offering fees. Owner to have survey made by surveyor, and surveyor to give certain declarations as to hull and equipments. 18 & 19 Vict.c. 104. Schedule: Table D. 57 & 58 Vict.c. 60. Transmission of declarations to Colonial Secretary. Issue of certificate. Transmission of certificate. Appeal to Court of Survey. 18 & 19 Vict.c. 104. Schedule: Table H. Report of Court of Survey. Costs. No appeal to Court of Survey in certain case. Objections to constitution of Court. Fees to be paid for certificate Schedule: Table C. Duration of certificate. Governor may cancel certificate and require fresh declarations. Certificate to be placed in conspicuous part of ship. Surveyors to make returns of build and other particulars of steamship, and owner, etc., to give information for that purpose. Punishment for false declaration. Report to Harbour Master of accident to passenger ship. M.S.Act, 1894, s. 425. Equipment of passenger ship. Safety valve. Adjustment of compasses. Fire hose. Signals. Shelter for passengers. 18 & 19 Vict.c. 104. Penalty for inadequate equipment. In case of non-compliance Harbour Master to refuse clearance. Schedule: Table D. Penalty for improper weight on safety valve. Harbour Master may refuse clearance to ship carrying more passengers than allowed by certificate. Penalty for taking more passengers than allowed by clearance. Penalty on owner, etc., in like case. Production of passenger certificate. Deck passengers. Power to make rules. Classes of ships. Boats, etc. Life-saving apparatus. Schedule: Table A. Duties of owner and master. Penalty for neglect. M.S.Act, 1894, s. 430. Inspection by surveyor. Notice of deficiency. Harbour Master not to clear ship not complying with above provisions. Marking of deck-lines. M.S.Act, 1894, s. 437. Marking of load-line. Ib.s.438. Penalty in case of British or Colonial ship neglecting to mark lines. Penalty for inaccurate marks. Submerged load-line. M.S.Act, 1894, s. 439. Delivery of written statement to Harbour Master. Government Marine Surveryor to approve and certify on behalf of Governor. Ship to be kept marked. Definition of 'amidships.' Restriction on carriage of dangerous goods. Penalty for misdescription of dangerous goods. Definition of 'dangerous goods.' Power to refuse to carry goods suspected of being dangerous. Ship with dangerous goods not to carry more than twenty passengers. No. 1 of 1873. Power to throw overboard dangerous goods. Forfeiture of dangerous goods impropertly sent or carried. Court may proceed in absence of owner of goods. Saving as to enactment relating to dangerous goods. See Ordinance No. 1 of 1873. Carriage of grain. Penalty for unlawfully carrying grain. Sending unseaworthy British or Colonial ship to sea a misdemeanor. Master knowingly taking unseaworthy ship to sea. Consent of Governor to prosecution. Misdemeanor not punishable on summary conviction. Power to detain unsafe ship, and procedure for such detention. Liability of Government and of shipowner for costs and damages. See Ordinance No. 3 of 1901. Power to require from complainant security for costs. Supplementary provisions as to detention of ships. 57 & 58 Vict.c. 60. Application to Foreign ships of provisions as to detention. Governor may appoint Marine Court. M.S.Act, 1894, s. 478. Constitution of Court. Unofficial members of Court to be remunerated. Enumeration of Shipping casualties. M.S.Act, 1894, s.464. Cases for inquiry, and jurisdiction of Court. Ib.s.478. 57 & 58 Vict.c. 60. Inquiry not to be held if matter has already been subject of investigation. M.S.Act, 1894, s. 478. Inquiry not to be held if inquiry has been commenced in the United Kingdom. Ib. Grounds for cancelling or suspending certificate. Ib.s.470. Decision of Court. Ib. Report of Board of Trade. M.S.Act, 1894, s.470. Order-in-Court, 9th May, 1890. Copy of report to be furnished. M.S.Act, 1894, s. 470. Board of Trade may order re-hearing. Person who applies for Court to assist it. Ib.s.406. Further powers of Court. No. 3 of 1890. Members to sign report. Delivery up of certificate. Re-hearing. Rules as to procedure, fees, etc. Schedule: Table G. Opportunity for defence. Constitution, powers and procedure of Court of Survey. 57 & 58 Vict.c. 60. Rules as to procedure, fees, etc. Schedule: Table H. Power to order payment of costs of investigation. No. 3 of 1890. Saving of Admiralty Jurisdiction of the Supreme Court. Declaration of Ports, and prohibition of ship or junk anchoring elsewhere. Merchant ship arriving to hoist her colours and number. Harbour Master and Health Officer to be allowed on board at once. Schedule: Table K(a.). Ship to be moored where ordered, and not removed therefrom without permission. Ship to be entered within 24 hours. All direction of Harbour Master to be followed. Blue Peter to be hoisted and port clearance to be obtained before departure. Governor-in-Council may make quarantine regulations Schedule: Table L. Penalty for breach of quarantine regulations; and powers of Police to arrest, etc. Recovery of costs and expenses. Fairway to be kept clear. Lights on junk. Ship to exhibit light at night. Art. 11 of Collision Regulations. Precaution in case of fire or disturbance. Governor-in-Council may make regulations, etc. Schedule:Table M. Punishment of various offences. Damaging furniture of vessel. Throwing into water goods unlawfully obtained. Obstruction of harbour by rubbish, etc. Boarding ship without permission. Making fast to ship under way. Receiving or landing passengers unlawfully. Schedule: Table N. Obstruction of wharf, improper mooring, etc. Firearm not to be used except in certain cases. Schedule: Table O. Harbour Master may remove obstruction, etc. Government moorings. Private moorings. Schedule: Table O (a.). Mooring of hulks, etc. Use of moorings. Fees for hulks. Schedule: Table U. Rules. Rules for fishing stations, stakes and nets. Power to order removal of fishing station, etc. Fees for use of fishing stations, etc. Rules for fishing generally. Penalty for disobedience to the Ordinance and rules. Boarding of vessels for Police purposes. Arrest on board of offender. Authority to stop vessel. Interpretation of terms. Power to erect lighthouses, etc. Power to raise necessary funds by public loan. Power to advance funds out of Colonial Treasury. Owner, etc. of ship to pay dues. Schedule: Table P. Power to Governor-in-Council to regulate dues. Table of dues to be exhibited. Ship not to be cleared without production of receipt for dues. Power of distress for dues. Ship's burden to be ascertained by measurement in certain cases. Penalty on master for departing without paying dues, etc. Penalty for injuring lighthouse, etc. Making of regulations. Application of ss. 31-33 to Gap Rock Lighthouse. Harbour Master may prohibit false light. If not obeyed, Harbour Master may abate false light. Vessels and buildings for storage of explosives. Government Gunpowder Depot. Vessel not to anchor within 500 yards of Depot. Harbour Master to be furnished with particulars of explosives arriving in the Colony. Master to take vessel to specified place. When red flag to be exhibited. Vessel not to anchor within 500 yards of any other vessel. Mode of proceeding when explosives are to be exported. No gunpowder to be shipped, etc., at night. Limit of storage without written permission. Search warrant may be granted. Governor-in-Council empowered to make rules and regulations for carrying out provisions of s. 36 and to fix charges. Schedule: Table Q and R. Payment and recovery of sums for storage. Penalty for offences under s. 36. Saving as to Dangerous Goods Ordinance, 1873. No. 1 of 1873. Exception of ships of war and Government stores. Gunpowder Anchorage. Steamships under 60 tons not to ply for hire without licence. 57 & 58 Vict.c. 60. Harbour Master may grant licence. Regulations. Schedule: Table E. Alteration or repeal of regulations. Penalty for licensed steamship carrying passengers in excess. Penalty for unlicensed steamship carrying passengers in excess. Penalty for steamship plying without certificated master or engineer. Undue pressure on safety valve. Steamship to exhibit lights. Cancellation of licence, etc. Report of arrival and particulars to be furnished. Anchorage pass. Steamship not to leave Port of the Colony without clearance or special permit. Night clearance. Notice of departure. Special permit. Penalty for infraction of sub-ss. (11.) (15.). Improper use of licence, etc. Disobedience of order of Harbour Master. Offences against s. 37 or against regulations. Exemption of steamship used for pleasure. Survey of boilers of unlicensed steamship. Use of unsurveyed ship. Fee for survey. Exemption of certain steam launches. Granting of special licence to River steamer. Schedule: Table F. Duration of licence. Penalty for exceeding number of passengers allowed by licence. Interpretation of terms. Harbour Master's Anchorages for junks. Schedule: Table S. Place of anchorage for unlicensed junk. Berthing of unlicensed junk. Report of arrival and particulars to be furnished by master of junk. Anchorage pass. Prohibition of junk leaving or removing without clearance or special permit. Prohibition of junk leaving at night. Hoisting of flag before departure. Granting of special permit to master of junk. Penalty for unlawful using licence, pass, clearance, or special permit for junk. Granting of trading licence to owner of junk. Granting of fishing licence to owner of junk. Granting of licences to other vessels. Unlicensed fishing vessels. General powers of Harbour Master over junks, etc. Discipline of harbour. Penalty for disobeying Harbour Master's order. Penalty on master of junk for bringing mendicant, etc., into the Colony. Power to board junk and demand inspection of documents. Liability of junk to be sold for satisfaction of penalty not paid by master. Transfer to purchaser upon sale of junk. Trial of offences under s. 39. Making of rules and regulations, fixing of fees, etc. Schedule: Table T. Penalty on master of junk for infraction of sub-s. (4.) or sub-s. (5.) Penalty on master of junk for infraction of sub-s.(6.) or sub.-s.(10.) Penalty on master of junk for infraction of sub-s.(8.) or sub.-s.(9.) Making of regulations for licensing of boats, etc. Schedule: Table U. Punishment for drowning of passengers in overcrowded boats. Application of certain part of Merchant Shipping Act, 1894. 57 & 58 Vict.c. 60. Trial in the Colony of misdemeanors and offences under Merchant Shipping Acts, 1894. No. 3 of 1890. No. 3 of 1890. Trial of offences and recovery of penalties, expenses, etc., under the Ordinance. Penalty for breach of the Ordinance not specially provided for. Service of documents. Power to detain ship in certain cases. M.S.Act, 1894, s. 692(3.) Penalty for taking detained ship to sea. Penalty for taking to sea officer authorized to detain ship, etc. Rule as to proof of exception, etc. 57 & 58 Vict.c. 60. Forgery of certificate, etc. Power to make rules and regula- tions generally. Power to impose penalties. Publication of rules and regulations, etc. Effect of publication of rules and regulations, etc. Payment of remuneration to certain persons. Payment of costs, etc. Fees payable. Schedule: Table B, C, etc. Fees, etc., to be paid into Colonial Treasury. Abstract of portions of the Ordinance to be given to master on arrival. Exemption of ships of war. Application of the Ordinance to ships propelled by electricity, etc. Section 13(1.) Arrangement of ships into classes. Boats to be carried under davits. Table. Claim to carry fewer boats. Description of half of boats. Description of remainder of boats. Additional boats or life-rafts. Additional boats, etc., in case of ship with watertight compartments. Life-buoys and life-belts to be carried. Boats to be carried under davits. Life-belts to be carried. Life-buoys to be carried. Boats to be carried under davits. Additional boats or liferafts. Buoyant deck fittings in lieu of additional boats or liferafts. Life-buoys to be carried. Construction of boats. Mode of ascertaining cubic capacity of boat. Mode of ascertaining number of persons to be carried by boat. Description of appliances for getting boats into water. Equipment for boats and life-rafts. Additional equipment for boats of Section A and B. Determination of number of persons to be carried by life-raft. Buoyant apparatus. Life-belts. Life-buoys. Position of life-belts and life-buoys. Section 43 (3.) Section 10 (6.) and (17.) and 43 (3.) Fees to be paid for surveys of steamships for passenger certificates. Fees to be paid for surveys of ships under Chinese Passengers Acts. Fees to be paid for measurement of tonnage. Fees to be paid for inspection of berthing or sleeping accommodation of crew. Fees to be paid for inspection of lights and fog signals. Fees to be paid for inspection of marking of vessels. Fees to be paid for inspection of tracings. Fees to be paid for survey for change of name. Fee to be paid for recording change of name, etc. Fee to be paid for survey for re-registry, etc. Fee to be paid for survey before transfer to foreign flag. Fees to be paid for minor inspection. Fee to be paid for remeasurement of passenger accommodation. Fee to be paid for survey of ship's bottom. Fee to be paid for survey of boilers. Fee to be paid for certifying load-line. Fees for overtime services. Sections 10 (8.)(a.)(v.) and 11 (3.) Spaces to be allotted to passengers in ships solely employed in coasting trade. Spaces to be allotted to passengers in ships employed in foreign trade. General regulations as to accommodation for passengers. Sections 3 (12.), 37 (3.), and 43 (3.) Survey for licence. Particulars in certificate of survey. Issue of licence for vessel. Painting of name, etc., on vessel. Fee for certificate Fees for licence. Deduction from number of passengers. Prohibition of carriage of dangerous goods. Fee for examination of master or engineer. Suspension of cancellation of certificate of master or engineer. Exhibition of licence. Delivery up of licence in specified case. Interpretation of term. Reporting of name of master, etc., engaged. Reporting of name of maste, etc., discharged. Production of certificate on engagement, etc. Reporting of discharge by master, etc. Keeping of record of engagements and discharges. Exemptions. Penalty for breach of Regulations. Section 38 (1.) Passengers on lower deck. Passengers on upper deck and cabins. Proviso as to number of passengers. Supply of life-boats, etc. Restriction as to decks. Deduction from number of passengers. Section 19(18.) Service of preliminary notice of Marine Court. Appendix: Form No.1. Service of notice of holding of Court. Appendix Form No. 2; Form No. 3; Form No. 4. Adjudication in absence of person served. Service of notice on certificated officers. Service of notice on other person, etc. Proceedings at investigation into shipping casualty. Proceedings at inquiry into charge of misconduct or imcompetency. Restriction of power of cancelling certificate. Adjournment of Court. Judgement of Court. Rule 1. Rule 2. Rule 2. Rule 2. Sections 10 (12) and 20 (2.) Filing of notice of appeal. Appendix: Form No. 1. Proceedings for constitution of Court. Summoning of Court. Appendix: For No. 2. Notice to complainant of hearing. Forwarding of copy of report of surveyor. Time for hearing of appeal. Parties to proceedings. Parties by permission. Proceedings on behalf of Governor. Proceedings by complainant. Proceedings by appellant. Calling of witness in reply. Addresses of parties. Adjournment of Court. Delivery of decision. Release or detention of vessel. Appendix: Form No. 3. Report to Governor. Appendix: Form No. 4. Fees. Rule 1. Rule 3. Rule 16. Rule 17. Section 43(3.); Rule 18. Sections 5 and 43(3.) Sections 5 and 43(3.) Section 6. Affixing of sign board over door. Construction of house. Kitchen accommodation. Accommodation for boarders. Room for chests, etc., of boarders. Washing rooms, etc. Removal of filth. No communication with adjoining houses. Conditions of receiving seaman as boarder. Keeping of books and accounts. Furnishing of account to boarder. Prohibition of supply of spirituous liquor. Exclusion of prostitutes. Hour of closing. Prohibition of gambling and prevention of disorder. Illness of boarder. Furnishing of weekly list of seamen boarders. Restriction on right of discharge of boarder. Inspection of boarding-house. Posting up of Rules. Penalty for infraction of Rules. Fees payable by boarder. Restriction on right of deducting from advance. Prohibition of detention of clothing, etc. Appeal of boarder against account. Shipment of men from boarding-house. Weekly charge for board and lodging. Section 22(2.) Section 23(1.) Interpretation of terms. Flying of yellow flag on arrival, and examination by Health Officer. Proceeding to Quarantine Anchorage. Position of Quarantine Anchorage. Obligation to give information about vessel, etc. Examination of persons on board vessel on arrival, and proceedings thereafter. Ordering of vessel to Quarantine Anchorage. Disposal of body on board dead of infectious or contagious disease. Prohibition of communication with shore, etc., by 'infected' or 'suspected' vessel. Prohibition of communication from outside with 'infected' or 'suspected' vessel. Prohibition of communication with outside by person on board Hygeia. Prohibition of communication from outside with Hygeia. Police prevention of communication. Exemption of postal matter. Ordering of vessel with filthy passengers, etc., to Quarantine Anchorage. Costs and expenses of medical attendance of person removed to Hygeia, etc. Liability of all persons concerned for breach of Regulations. Exemption of ships of war. Exemption, subject to certain conditions, of vessel with surgeon on board. Appendix: Form No. 1; Form No. 2. Regulation 19. Regulation 19. Section 25(4.) Southern, Central and Northern Fairways. Limits of Southern Fairway. Limits of Central Fairway. Limits of Northern Fairway. Pennants to be flown in Fairways. Observance of Collision Regulations, etc. Limits of Man-of-War Anchorage on north side of Victoria. Limits of Man-of-War Anchorage at Kowloon. Use of steam-whistle when at anchor near Praya, etc. Use of steam-whistle when entering Harbour, etc. Punishment for infringement of Regulations 9 and 10. Restriction on beating of drums or gongs and on discharge of fire-works. Section 26(1.) Specification of wharves subject to certain enactment. Specification of 'part of the Colony' subject to certain enactment. Section 26(3.) Areas within which discharge of firearms is prohibited. Right of mail steamer to fire gun within certain hours. Section 28(2.) and 43 (3.) Rental. Maintenance. Inspection. Use by others than owner. Sections 32 (1.) and 43 (3.) Liability to dues and amount. Time of payment. Vessels exempted. Reduction of amount for certain vessels. Section 36 (12.) Place of officers and men when explosives received or discharged. Prohibition of use of charcoal, etc. Prohibition of smoking, etc. Discharge of cargo. Attendant of owner or consignee at receipt or discharge of explosives. Restriction on opening of packages. Mode of keeping gunpowder for private use. Protection of waterborne explosives. Sections 36 (12.) and 43(3.) Charges for gunpowder loose and in tins. Charges for safety cartridges and detonators. Determination of weight of packages. Charges for other explosives. Determination of weight of packages. Government not responsible for damage. Section 39 (3.) Sections 39 (25.) and 43 (3.) Sections 28(5.), 40(1.), and 43(3.) Obligation of licence. Showing of licence to certain officers. Power to stop and search. Regulation of movements. Refusal or forfeiture of licence. Responsibility of licensee or owner. Prohibition of plying near ship of war. Compliance with provisions as to passes and clearances. Penalty for breach of Regulations. Issue of licence, fee, security, etc. Appendix: Form No. 1. Particulars and duration of licence. Painting of number of licence and exhibition of light. Prohibition of false bottom. Obligation to let boat. Restriction on conveyance of passengers. Licence fees. Maximum scale of hire. Issue of licence, fee, security, etc. Appendix: Form No. 1. Particulars and duration of licence. Painting of number of licence and exhibition of lights. Prohibition of false bottom. Restriction on conveyance of passengers. Licence fees. Issue of licence, security, etc. Appendix: Form No. 2. Number of passengers. Particulars and duration of licence. Painting of number of licence and exhibition of lights. Obligation as to fare and passengers. Exhibition of scale of fares. Licence fees. Issue of licence, security, etc. Appendix: Form No. 3. Particulars and duration of licence. Painting of number of licence and exhibition of lights. Licence fees. Issue of licence and security. Appendix: Form No. 3. Licence fees. Issue of licence, security, etc. Appendix: Form No. 4. Particulars and duration of licence. Painting of number of licence and exhibition of light. Licence fees. Issue of licence, fee, security, etc. Appendix: Form No. 5. Particulars and duration of licence. Painting of number and exhibition of light. Licence fees. Duplicate of lost certificate or licence. Regulations 10 and 18. Regulation 24. Regulations 32 and 36. Regulation 38. Regulations 42.

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