DESERTION OF SEAMEN ORDINANCE
Title
DESERTION OF SEAMEN ORDINANCE
Description
Sesertion of Seamen.
No. 6 of 1852.
An Ordinance for the Prevention of Desertion, and better Regulation of
Merchant Seamen in this Colony.
[6th November, 1552.]
WHEREAS serious complaints have been lately made of the frequent
desertion of
merchant seamen, and it is expedient that further measures be taken for
the.
prevention thereof: lie it therefore enacted and ordained by His
Excellency the Acting.:' -
Governor of Hongkong, with the advice of the Legislative Council thereof,
as foll`avs: -
1. That the Ordinance No. 13 of 1845, entitled ' An Ordinance to
establish a --
licensed Ghaut Serang in the Colony of Hongkong, and for the better
Regufatian of . -
Lascars resorting thereto,' and the Ordinance No. 4 of 1846, entitled '
An Ordinance
to explain and extend the Provisions of the Ordinance to establish a
licensed'Ghautt. -.
Sorang in the Colony of Hongkong, and fur the better Regulation of
Lascars resoxftin~-_~_:
thereto;' and the Ordinance No. 2 of 1848, entitled 'An Ordinance to
amend,-tits. '
Ordinance No. 13 of 1845, entitled `An Ordinance to establish a licensed
Ghaut Serang.-. .-
iu the Colony of Hongkong, and for the better Regulation of Lascars
resorting thereto,' -- be and the same hereby are repealed.
ORDINANCE No. 6 of 182.
Desertion of Seamen.
2. And that wlieuever any seaman shall be discharged from.auy cessel
within the
precincts of this Colony, the master of such vessel wall 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 require it, shall further hive him, within twenty-four hours
after demand,
a true account in writing of the wages of such seaman, and of all
deductions therefrom.
3. That Ordinance No. 4 of 180 be extended in all its provisions to
British
seamen and vessels within the harbour of Hongl:ong, as well as to the
seamen and
vessels of Foreign Nations.
Master sball give
to seaman dis-
charged in Colo-
ny certificate of
discharge, and if
reqniretl, nn ac-
wnnt of W ages.
Ordinance 4 of
1856 extended to
British vessels
within Colony.
4. And whereas by a regulation now in force, merchant seamen are not
allowed llo,ntatlnn as to
tickets of leave,
to land on leave unless furnished with tickets of leave, such regulation
is hereby con- it`n form thereof.
tinned, and it is further enacted that such tickets shall be according to
the following
form :-
1IoaG kon~c ; the clay of . 18;>
The bearer of this (nama:x name) belonging to the ship Onrme of thr ship)
bas permission to remain
on shore for the space of (rtmuLor of hours). Permission granted at
o'clock (AX., or r,ltf.)
il . 8.-147actcr ;
which form shall be publicly and conspicuously posted in the Harbour
Master's office;
.and any seaman found on shore without such ticket or with a false
ticket, or after' his
period of leave shall have expired, may be taken into custody without
warrant by any
constable, or by the master *or person in charge of the ship to which
such seaman
belongs, or by any person specially deputed in writing for such purpose
by such master,
or such person in charge, and conveyed before a Magistrate, who may order
such
seaman to be taken on board his ship, and inflict on him a fine not
exceeding ten
shillings to he paid by the seaman, or tile master of his ship on account
of such seaman.
5. That no seaman shall be discharged from an English ship or any foreign
ship
whose flag is not represented by a Consular officer resident in the
Colony elsewhere
than at the Harbour Master's office, and that every seaman discharged
from a foreign
ship so represented shall, within twenty-four hours of being discharged
at the office of
his Consul or Vice-Consul, produce to the Harbour Master or some person
deputed by
him a certificate of his discharge, signed by such Consul or Vice-Consul;
and no seaman
shall be shipped either for an English or a foreign ship, elsewhere than
at the office of
the Harbour Master, who shall charge for every seaman shipped a fee of
one dollar,
such fee to be paid in the first instance by the master of the ship
shipping such seaman;
and such master shall deduct the same from the wages of tile seaman
shipped; and in
every instance of a seaman being shipped the Harbour Master or such
deputy as
aforesaid shall grant a certificate of shipment, and before granting such
certificate, shall
require such seaman to lodge with 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 o£ the cause of the
non-production
thereof.
Astn tho
discharge
nod shipping
of seamen.
[.See Oval. No. 1 of
180, s. &,]
As to the
establishment
and regulation
of boarding-
houses.
( - Ord. No. c of
1802.]
penalty for
keeping an
unlirenaed
boarding-horse.
Du ties of LuarQ-
ing-Imuse
keepers with
respect to lists,
returns, &c., 3;c.
of their inmates.
ORDINANCE No. 6 of 152.
Desertion of Seamen.
g, That the Harbour Master having obtained the sanction of the Chief
Magistrate
of Police, in every ease shall leave power to license a sufficient number
of fit and pro-
per persons to keep boarding-houses for seamen, and every such licence
shall be coun-
tersigned by the Colonial Secretary, and shall be granted for such period
not exceed,.
ing one year, and upon such terms and security, and shall be renewable
upon swell
conditions, as the said Colonial Secretary may appoint; and it shall be
lawful for the
said Colonial Secretary to demand for every such licence an annual fee of
five pounds.
sterling, 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 seamen only as shall
be expressed
in the licence, and shall not be granted until there have been
constructed in the house
to be licensed a suitable room or cabin for each boarder, and a general
room of suffi.
cient size wherein the boarders may dine and sit; and no such
boarding-house shall
be a house licensed for the sale of spirituous or fermented liquors, nor
shall any charge
for spirituous or fermented liquor be allowed in any account for the
amount of which
any seaman may be indebted or stated to be indebted to any person, and
such board-
ing-house shall be separated by at least one intervening house on either
side of it from
any house licensed for such sale as aforesaid, and every such
boarding-house shall be
open at all times to the visit of any Magistrate, or of the Harbour
Master, or of any
constable specially appointed for the general service of visiting such
houses. And the
Harbour Master may refuse to grant any such licence, and may limit the
number and
description of seamen to be boarded in each house, and may make rules
(subject
however as to this and all other powers vested in him by this Ordinance,
to the control
of the Governor) for the government of such houses, and regulate the
charge to be
made for board and lodging; and a copy of such rules in English, Spanish,
Portuguese,.
Hindostanee, and Chinese, shall be hung up in each house for the
inspection o£ the
inmates; and the infraction of any one of such rules shall subject the
offender in every
instance to a penalty not exceeding five pounds sterling, and for a
second offence may
deprive the offender, if the keeper of such house, o£ his licence as an
additional punish-
ment.
7. And that if any person not having obtained a licence for keeping a
boarding.
house for seamen shall keep one, he shall be liable to a penalty not
exceeding the sum
of twenty pounds; and that the fact of more than one seaman boarding or
lodging in the
house of any person, shall be prima facie proof of tile keeping of a
boarding-house for
seamen by such person. But nothing in this Ordinance contained shall be
construed
to present any seaman from having the whole or any part of any
unfurnished house for-
the residence of himself or his family, and boarding himself therein; and
nothingv
herein contained with reference to boarding-houses shall apply to
licensed retailers of
spirituous or fermented liquors until the time of their preselit licences
shall have--
expired.
$. That every keeper of a boarding-house for seamen shall cause daily to
be entered .
in a boob in English, the name and description of each additional seaman
who has on
that day come to board or lodge at his house, and the name of each seaman
who Mass-.
ORDINANCE No. 6 or 1852.
Desertion of Seamen.
left his house on that day after being alodger or boarder therein, and
such other
particulars as the Harbour Master may direct ; and every keeper of a
boarding-house
:shall, before ten o'clock in the morning of Monday, Wednesday, and
Friday 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 those seamen boarders
or lodgers who
left his house on any or either of the intermediate days, and shall also
particularize in
such list those seamen who wish for immediate employment, and place
opposite to the
names of those last named, the names of the ships from which they were
last discharged;
and the Harbour Master shall keep tile lists so furnished to him
constantly in view,
and in a conspicuous part of his office for the convenience of masters of
ships requiring
men, and shall also post in a similar manner, if required so to do, such
notices for the
supply of men by masters of ships as the said masters shall furnish.
9. Provided always that nothing in this Ordinance contained shall prevent
masters
or hates of ships from boarding or lodging elsewhere than at licensed
boarding-houses.
10. That no seaman who shall have been actually sbipped by the Harbour
Master
or his deputy oil 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 shall exceed the sum of five hundred dollar; provided
always that by
the term seaman in this section shall be meant only a person wllo has
within the space of
one year 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 or
persons not coming within such definition.
11. That the Harbour Master, or person deputed by the Harbour Master for
that
purpose, before granting a port clearance to any ship, may, if be have
reasonable grounds
for belief that any deserter from a merchant vessel be concealed on board
of such
vessel, proceed on board of such vessel and then and there require the
plaster thereof
to institute due and diligent search for such deserter, and further, if
he deem it
necessary, require the said master to make oath or solemn declaration
that to the best
of his knowledge and belief, after due and diligent search, no such
deserter is concealed
within or about his ship; and any master of a vessel refusing or
unnecessarily delaying
to comply with such requisition or requisitions of the. Harbour Master,
or such deputed
person, shall be liable upon conviction before any Magistrate to a fine
not exceeding
forty pounds sterling, and to imprisonment until such fine be paid.
12. That any person who shall forge or alter any ticket, certificate,
document, or
matter or thing named in this Ordinance, sball be liable to be imprisoned
for a term
not exceeding three months with hard labour; and any seaman or other
person who
shall give a false description of his services, or sheer, or make, or
procure to be made,
any false character, or shall make false statements as to the name of the
last ship in
-which lie 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 ten pounds sterling.
Vasters null
nottes may board
and louse elm,
where, than is
such houses.
No einrlnn ship-
ped under this
t>rdhance shodl, .
(hiring the term
for which lie is
shipped, he liable
to arrest on civil
process, la cer-
tain cases.
Harbour Vaster
or deputy mny
require, before
grantig a port
clearance to a
vessel, the roaster
thereof to search
for suspected de-
serters, and to
make declaration
of such search.
Penalty for not
complying with
such request.
Penalties for
fbr~jjng of docu-
ments sod for
false description
and statements.
Ordinance No. 6 of 1852.
Desertion of Seamen.
13. That where no other mode has been provided, all
pecuniary fines under this,
vertng penalties.
Ordinance shall be recoverable before any one Magistrate on summary
proceeding, and
if such fine be not paid, the amount thereof, with costs, if any, shall
be levied on the
offender's goods and chattels; or if the offenders fail to point out
sufficient goods and
chattels whereon to levy, such offender may be imprisoned for a term not
exceeding
three months, and the Magistrate before whom the case may be heard, may
award tho-
whole or any part of the fine as a compensation for injuries sustained,
or as a reward
to any person who may have been active in the apprehension of the
offender.
where nospecial 14. That any infringement of the provisions of this
Ordinance not provided for
penalty provided
for infringement by any special penalty, shall subject the offender to a
penalty not exceeding ten pounds
ofthtsordfnance,
ing one 410,not eleviable. -sterling, and that no conviction under this
Ordinance shall be quashed for want of
rrovigl°n as to
want of form on form> or be removed by certiorari into the Supreme Court>
and no warrant of committal
conviction or
warrant; anda5 shall be held void by reason of any defect therein, so
that thane be a good and valid
to eerCiorttv-e.
conviction to sustain the same.
nuun°aunn °Y 15. That the fees levied under this Ordinance be accounted
for by the Harbour
tees.
Master or any other person receiving the same to the Colonial Government
in the,
usual way, and that such fees be applied in making the Water Police of
the harbour
of Hongkong a more numerous and effective body, in adding if necessary to
the estab=
lishment attached to the Harbour Master's office, and towards providing
for the relief'
of sick seamen in such manner as shall seem proper to the Governor and
the Executive.
Council.
[Repealed by Ordinance No. 8 of 1879.]
272
Title.
Preamble.
Ordinances 13 of 1845, 4 of 1846, and 2 of 1848, repealed.
Master shall give to seaman discharged in Colony certificate of discharge, and if required, an account of wages.
Ordinance 4 of 1850 extended to British vessels within Colony.
Regulation as to tickets of leave, and form thereof.
As to the discharge and shipping of seamen.
[See Ord. No. 1 of 1862, s. 8.]
As to the establishment and regulation of boarding-houses. [* Ord. No. 6 of 1862.]
Penalty for keeping an unlicensed boarding-house.
Duties of boarding-house keepers with respect to lists, returns, &c., &c. of their inmates.
Masters and mates may board and lodge elsewhere, than in such houses.
No seaman shipped under this Ordinance shall, during the term for which he is shipped, be liable to arrest on civil process, in certain cases.
Harbour Master or deputy may require, before granting a port clearance to a vessel, the master thereof to search for suspected deserters, and to make declaration of such search.
Penalty for not compling with such request.
Penalties for forging of documents, and for false descriptions and statements.
276
Manner of recovering penalties.
Where no special penalty provided for infringement of this Ordinance, one not exceeding 10 pounds, leviable.
Provision as to want of form on conviction or warrant; amd as to certiorari.
Application of fees.
No. 6 of 1852.
An Ordinance for the Prevention of Desertion, and better Regulation of
Merchant Seamen in this Colony.
[6th November, 1552.]
WHEREAS serious complaints have been lately made of the frequent
desertion of
merchant seamen, and it is expedient that further measures be taken for
the.
prevention thereof: lie it therefore enacted and ordained by His
Excellency the Acting.:' -
Governor of Hongkong, with the advice of the Legislative Council thereof,
as foll`avs: -
1. That the Ordinance No. 13 of 1845, entitled ' An Ordinance to
establish a --
licensed Ghaut Serang in the Colony of Hongkong, and for the better
Regufatian of . -
Lascars resorting thereto,' and the Ordinance No. 4 of 1846, entitled '
An Ordinance
to explain and extend the Provisions of the Ordinance to establish a
licensed'Ghautt. -.
Sorang in the Colony of Hongkong, and fur the better Regulation of
Lascars resoxftin~-_~_:
thereto;' and the Ordinance No. 2 of 1848, entitled 'An Ordinance to
amend,-tits. '
Ordinance No. 13 of 1845, entitled `An Ordinance to establish a licensed
Ghaut Serang.-. .-
iu the Colony of Hongkong, and for the better Regulation of Lascars
resorting thereto,' -- be and the same hereby are repealed.
ORDINANCE No. 6 of 182.
Desertion of Seamen.
2. And that wlieuever any seaman shall be discharged from.auy cessel
within the
precincts of this Colony, the master of such vessel wall 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 require it, shall further hive him, within twenty-four hours
after demand,
a true account in writing of the wages of such seaman, and of all
deductions therefrom.
3. That Ordinance No. 4 of 180 be extended in all its provisions to
British
seamen and vessels within the harbour of Hongl:ong, as well as to the
seamen and
vessels of Foreign Nations.
Master sball give
to seaman dis-
charged in Colo-
ny certificate of
discharge, and if
reqniretl, nn ac-
wnnt of W ages.
Ordinance 4 of
1856 extended to
British vessels
within Colony.
4. And whereas by a regulation now in force, merchant seamen are not
allowed llo,ntatlnn as to
tickets of leave,
to land on leave unless furnished with tickets of leave, such regulation
is hereby con- it`n form thereof.
tinned, and it is further enacted that such tickets shall be according to
the following
form :-
1IoaG kon~c ; the clay of . 18;>
The bearer of this (nama:x name) belonging to the ship Onrme of thr ship)
bas permission to remain
on shore for the space of (rtmuLor of hours). Permission granted at
o'clock (AX., or r,ltf.)
il . 8.-147actcr ;
which form shall be publicly and conspicuously posted in the Harbour
Master's office;
.and any seaman found on shore without such ticket or with a false
ticket, or after' his
period of leave shall have expired, may be taken into custody without
warrant by any
constable, or by the master *or person in charge of the ship to which
such seaman
belongs, or by any person specially deputed in writing for such purpose
by such master,
or such person in charge, and conveyed before a Magistrate, who may order
such
seaman to be taken on board his ship, and inflict on him a fine not
exceeding ten
shillings to he paid by the seaman, or tile master of his ship on account
of such seaman.
5. That no seaman shall be discharged from an English ship or any foreign
ship
whose flag is not represented by a Consular officer resident in the
Colony elsewhere
than at the Harbour Master's office, and that every seaman discharged
from a foreign
ship so represented shall, within twenty-four hours of being discharged
at the office of
his Consul or Vice-Consul, produce to the Harbour Master or some person
deputed by
him a certificate of his discharge, signed by such Consul or Vice-Consul;
and no seaman
shall be shipped either for an English or a foreign ship, elsewhere than
at the office of
the Harbour Master, who shall charge for every seaman shipped a fee of
one dollar,
such fee to be paid in the first instance by the master of the ship
shipping such seaman;
and such master shall deduct the same from the wages of tile seaman
shipped; and in
every instance of a seaman being shipped the Harbour Master or such
deputy as
aforesaid shall grant a certificate of shipment, and before granting such
certificate, shall
require such seaman to lodge with 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 o£ the cause of the
non-production
thereof.
Astn tho
discharge
nod shipping
of seamen.
[.See Oval. No. 1 of
180, s. &,]
As to the
establishment
and regulation
of boarding-
houses.
( - Ord. No. c of
1802.]
penalty for
keeping an
unlirenaed
boarding-horse.
Du ties of LuarQ-
ing-Imuse
keepers with
respect to lists,
returns, &c., 3;c.
of their inmates.
ORDINANCE No. 6 of 152.
Desertion of Seamen.
g, That the Harbour Master having obtained the sanction of the Chief
Magistrate
of Police, in every ease shall leave power to license a sufficient number
of fit and pro-
per persons to keep boarding-houses for seamen, and every such licence
shall be coun-
tersigned by the Colonial Secretary, and shall be granted for such period
not exceed,.
ing one year, and upon such terms and security, and shall be renewable
upon swell
conditions, as the said Colonial Secretary may appoint; and it shall be
lawful for the
said Colonial Secretary to demand for every such licence an annual fee of
five pounds.
sterling, 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 seamen only as shall
be expressed
in the licence, and shall not be granted until there have been
constructed in the house
to be licensed a suitable room or cabin for each boarder, and a general
room of suffi.
cient size wherein the boarders may dine and sit; and no such
boarding-house shall
be a house licensed for the sale of spirituous or fermented liquors, nor
shall any charge
for spirituous or fermented liquor be allowed in any account for the
amount of which
any seaman may be indebted or stated to be indebted to any person, and
such board-
ing-house shall be separated by at least one intervening house on either
side of it from
any house licensed for such sale as aforesaid, and every such
boarding-house shall be
open at all times to the visit of any Magistrate, or of the Harbour
Master, or of any
constable specially appointed for the general service of visiting such
houses. And the
Harbour Master may refuse to grant any such licence, and may limit the
number and
description of seamen to be boarded in each house, and may make rules
(subject
however as to this and all other powers vested in him by this Ordinance,
to the control
of the Governor) for the government of such houses, and regulate the
charge to be
made for board and lodging; and a copy of such rules in English, Spanish,
Portuguese,.
Hindostanee, and Chinese, shall be hung up in each house for the
inspection o£ the
inmates; and the infraction of any one of such rules shall subject the
offender in every
instance to a penalty not exceeding five pounds sterling, and for a
second offence may
deprive the offender, if the keeper of such house, o£ his licence as an
additional punish-
ment.
7. And that if any person not having obtained a licence for keeping a
boarding.
house for seamen shall keep one, he shall be liable to a penalty not
exceeding the sum
of twenty pounds; and that the fact of more than one seaman boarding or
lodging in the
house of any person, shall be prima facie proof of tile keeping of a
boarding-house for
seamen by such person. But nothing in this Ordinance contained shall be
construed
to present any seaman from having the whole or any part of any
unfurnished house for-
the residence of himself or his family, and boarding himself therein; and
nothingv
herein contained with reference to boarding-houses shall apply to
licensed retailers of
spirituous or fermented liquors until the time of their preselit licences
shall have--
expired.
$. That every keeper of a boarding-house for seamen shall cause daily to
be entered .
in a boob in English, the name and description of each additional seaman
who has on
that day come to board or lodge at his house, and the name of each seaman
who Mass-.
ORDINANCE No. 6 or 1852.
Desertion of Seamen.
left his house on that day after being alodger or boarder therein, and
such other
particulars as the Harbour Master may direct ; and every keeper of a
boarding-house
:shall, before ten o'clock in the morning of Monday, Wednesday, and
Friday 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 those seamen boarders
or lodgers who
left his house on any or either of the intermediate days, and shall also
particularize in
such list those seamen who wish for immediate employment, and place
opposite to the
names of those last named, the names of the ships from which they were
last discharged;
and the Harbour Master shall keep tile lists so furnished to him
constantly in view,
and in a conspicuous part of his office for the convenience of masters of
ships requiring
men, and shall also post in a similar manner, if required so to do, such
notices for the
supply of men by masters of ships as the said masters shall furnish.
9. Provided always that nothing in this Ordinance contained shall prevent
masters
or hates of ships from boarding or lodging elsewhere than at licensed
boarding-houses.
10. That no seaman who shall have been actually sbipped by the Harbour
Master
or his deputy oil 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 shall exceed the sum of five hundred dollar; provided
always that by
the term seaman in this section shall be meant only a person wllo has
within the space of
one year 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 or
persons not coming within such definition.
11. That the Harbour Master, or person deputed by the Harbour Master for
that
purpose, before granting a port clearance to any ship, may, if be have
reasonable grounds
for belief that any deserter from a merchant vessel be concealed on board
of such
vessel, proceed on board of such vessel and then and there require the
plaster thereof
to institute due and diligent search for such deserter, and further, if
he deem it
necessary, require the said master to make oath or solemn declaration
that to the best
of his knowledge and belief, after due and diligent search, no such
deserter is concealed
within or about his ship; and any master of a vessel refusing or
unnecessarily delaying
to comply with such requisition or requisitions of the. Harbour Master,
or such deputed
person, shall be liable upon conviction before any Magistrate to a fine
not exceeding
forty pounds sterling, and to imprisonment until such fine be paid.
12. That any person who shall forge or alter any ticket, certificate,
document, or
matter or thing named in this Ordinance, sball be liable to be imprisoned
for a term
not exceeding three months with hard labour; and any seaman or other
person who
shall give a false description of his services, or sheer, or make, or
procure to be made,
any false character, or shall make false statements as to the name of the
last ship in
-which lie 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 ten pounds sterling.
Vasters null
nottes may board
and louse elm,
where, than is
such houses.
No einrlnn ship-
ped under this
t>rdhance shodl, .
(hiring the term
for which lie is
shipped, he liable
to arrest on civil
process, la cer-
tain cases.
Harbour Vaster
or deputy mny
require, before
grantig a port
clearance to a
vessel, the roaster
thereof to search
for suspected de-
serters, and to
make declaration
of such search.
Penalty for not
complying with
such request.
Penalties for
fbr~jjng of docu-
ments sod for
false description
and statements.
Ordinance No. 6 of 1852.
Desertion of Seamen.
13. That where no other mode has been provided, all
pecuniary fines under this,
vertng penalties.
Ordinance shall be recoverable before any one Magistrate on summary
proceeding, and
if such fine be not paid, the amount thereof, with costs, if any, shall
be levied on the
offender's goods and chattels; or if the offenders fail to point out
sufficient goods and
chattels whereon to levy, such offender may be imprisoned for a term not
exceeding
three months, and the Magistrate before whom the case may be heard, may
award tho-
whole or any part of the fine as a compensation for injuries sustained,
or as a reward
to any person who may have been active in the apprehension of the
offender.
where nospecial 14. That any infringement of the provisions of this
Ordinance not provided for
penalty provided
for infringement by any special penalty, shall subject the offender to a
penalty not exceeding ten pounds
ofthtsordfnance,
ing one 410,not eleviable. -sterling, and that no conviction under this
Ordinance shall be quashed for want of
rrovigl°n as to
want of form on form> or be removed by certiorari into the Supreme Court>
and no warrant of committal
conviction or
warrant; anda5 shall be held void by reason of any defect therein, so
that thane be a good and valid
to eerCiorttv-e.
conviction to sustain the same.
nuun°aunn °Y 15. That the fees levied under this Ordinance be accounted
for by the Harbour
tees.
Master or any other person receiving the same to the Colonial Government
in the,
usual way, and that such fees be applied in making the Water Police of
the harbour
of Hongkong a more numerous and effective body, in adding if necessary to
the estab=
lishment attached to the Harbour Master's office, and towards providing
for the relief'
of sick seamen in such manner as shall seem proper to the Governor and
the Executive.
Council.
[Repealed by Ordinance No. 8 of 1879.]
272
Title.
Preamble.
Ordinances 13 of 1845, 4 of 1846, and 2 of 1848, repealed.
Master shall give to seaman discharged in Colony certificate of discharge, and if required, an account of wages.
Ordinance 4 of 1850 extended to British vessels within Colony.
Regulation as to tickets of leave, and form thereof.
As to the discharge and shipping of seamen.
[See Ord. No. 1 of 1862, s. 8.]
As to the establishment and regulation of boarding-houses. [* Ord. No. 6 of 1862.]
Penalty for keeping an unlicensed boarding-house.
Duties of boarding-house keepers with respect to lists, returns, &c., &c. of their inmates.
Masters and mates may board and lodge elsewhere, than in such houses.
No seaman shipped under this Ordinance shall, during the term for which he is shipped, be liable to arrest on civil process, in certain cases.
Harbour Master or deputy may require, before granting a port clearance to a vessel, the master thereof to search for suspected deserters, and to make declaration of such search.
Penalty for not compling with such request.
Penalties for forging of documents, and for false descriptions and statements.
276
Manner of recovering penalties.
Where no special penalty provided for infringement of this Ordinance, one not exceeding 10 pounds, leviable.
Provision as to want of form on conviction or warrant; amd as to certiorari.
Application of fees.
Abstract
272
Title.
Preamble.
Ordinances 13 of 1845, 4 of 1846, and 2 of 1848, repealed.
Master shall give to seaman discharged in Colony certificate of discharge, and if required, an account of wages.
Ordinance 4 of 1850 extended to British vessels within Colony.
Regulation as to tickets of leave, and form thereof.
As to the discharge and shipping of seamen.
[See Ord. No. 1 of 1862, s. 8.]
As to the establishment and regulation of boarding-houses. [* Ord. No. 6 of 1862.]
Penalty for keeping an unlicensed boarding-house.
Duties of boarding-house keepers with respect to lists, returns, &c., &c. of their inmates.
Masters and mates may board and lodge elsewhere, than in such houses.
No seaman shipped under this Ordinance shall, during the term for which he is shipped, be liable to arrest on civil process, in certain cases.
Harbour Master or deputy may require, before granting a port clearance to a vessel, the master thereof to search for suspected deserters, and to make declaration of such search.
Penalty for not compling with such request.
Penalties for forging of documents, and for false descriptions and statements.
276
Manner of recovering penalties.
Where no special penalty provided for infringement of this Ordinance, one not exceeding 10 pounds, leviable.
Provision as to want of form on conviction or warrant; amd as to certiorari.
Application of fees.
Title.
Preamble.
Ordinances 13 of 1845, 4 of 1846, and 2 of 1848, repealed.
Master shall give to seaman discharged in Colony certificate of discharge, and if required, an account of wages.
Ordinance 4 of 1850 extended to British vessels within Colony.
Regulation as to tickets of leave, and form thereof.
As to the discharge and shipping of seamen.
[See Ord. No. 1 of 1862, s. 8.]
As to the establishment and regulation of boarding-houses. [* Ord. No. 6 of 1862.]
Penalty for keeping an unlicensed boarding-house.
Duties of boarding-house keepers with respect to lists, returns, &c., &c. of their inmates.
Masters and mates may board and lodge elsewhere, than in such houses.
No seaman shipped under this Ordinance shall, during the term for which he is shipped, be liable to arrest on civil process, in certain cases.
Harbour Master or deputy may require, before granting a port clearance to a vessel, the master thereof to search for suspected deserters, and to make declaration of such search.
Penalty for not compling with such request.
Penalties for forging of documents, and for false descriptions and statements.
276
Manner of recovering penalties.
Where no special penalty provided for infringement of this Ordinance, one not exceeding 10 pounds, leviable.
Provision as to want of form on conviction or warrant; amd as to certiorari.
Application of fees.
Identifier
https://oelawhk.lib.hku.hk/items/show/75
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 6 of 1852
Number of Pages
5
Files
Collection
Historical Laws of Hong Kong Online
Citation
“DESERTION OF SEAMEN ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 17, 2024, https://oelawhk.lib.hku.hk/items/show/75.
