MERCHANT SHIPPING ORDINANCE, 1899
Title
MERCHANT SHIPPING ORDINANCE, 1899
Description
No. 10 of 1899.
To Consolidate and amend the Laws rolathig to Merchant Ship-
ping. [In force 19th Sept., 1903.]
Preliminary Provisions.
1. The Merebant Shipping Ordinance, 1899.
2. In this Ordinance,-
'Stipendiary Magistrate' means and includes any Magistrate
and the Marine Magistrate'
As amended by No. 8 of 1912.
As aniended by No. 16 of 1912.
As amended by No. 5 of 1905, No. 9 of 1901J, No. 31 of 191t,
No. 50 of 1911, No. 16 of 1912, No. 17 of 11J12, No. 21 of 1912
and No. 213 of 1912.
'Master ' includes every person (except a pilot) having com-
mand 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, except 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:
'Loreba ' includesany sea-going sailing vessel of Europcan build
and construction, but of Chinese or other Aslatic rig, or of Chinese
or other Asiatic build and construction, but, of European rig:
'Steamship' means any vessel propelled by steam :
'Motor boat' means any vessel not exceeding 60 tons propelled
by any mechanical power however applied, except steam, oars, or
sails:
'Colonial ship' means and includes every ship provided with a
certificate of colonial registry under Part I:
' River steamer ' means any steamship, exceeding 60 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 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 to British measurement of registered tonnage :
'Local trade limits' means the, waters surrounding the Island
of Hongkong within the following boundaries:-
on the East-a north and south line drawn through the Few-
tomoon Pass;
on the West-a, north and south line drawn through the
Capsuimoon Pass; and
on the South-an east and west line drawn through the
centre of Lochau or Beaufort Island, and continued
until it meets the cast and west boundaries :
' Port of the Colony' and ' port ' where by the context a port
out of the Colony is not indicated, incans such place in the waters
of the Colony as the Governor may declare by notification to be a
port :
' The Harbour Master ' includes any person deputed or author-
ised by the Harbour Master to execute any power or perform any
duty vested in or imposed upon him by this Ordinance:
' International Collision Regulations' means the Regulations
for Preventing Collisions at Sea made under the Merchant Shipping
Acts :
'The Merchant Shipping Acts' means the Merchant Shipping
Act, 1894, and all Acts amending the same, and all regulations
made thereunder.
PART I.
REGISTRY.
3.-(1) Every ship trading in or froin the waters of the Colony
must be provided with either-
(a) a certificate of registry in conformity with the Merchant Ship-
ping 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 60 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 any person or body corporate qualified to be the owner of a
British ship as deseribed in section 1 of the Merchant Shipping Act,
1894.
[para. rep. No. 2 of 1903, s. 2.]
(3) When any person as aforesaid is desirous of obtaining a
certificate of colonial registry for any ship, he shall forward to the
Colonial Secretary an application tberefor, together with a declara-
tion in writing stating that the ship for which such registry is
As aniended by No. 2 of 1903, No. 30 of 1911, No. 50 of 1911,
No. 16 of 1912) wid No. 17 of 1912.
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 it relates is not employed in conformity with it, the
registry thereby obtained shall ipso facto become null and void.
(1) A certifiente 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 Registurar of Sbipping
[para. Xo. 2 of 1903, s.2.]
(.5) The surveyor's certificate referred to in the last sub-section
shall be a certificate granted by the Government Marine Surveyor
specifying the proper measurement of the ship, the particulars
descriptive of her identity, that such ship has proper anchors and
chains, 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 4 inches long, upon some conspicuous part of her stern and
on each bow, in a distinct and legible manner, and shall be so kept
and preserved. 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 oil any of the provisions of this sub-section, the
owner, or (in the absence of the owner froin the Colony) the master,
shall be liable to a fine not exceeding 500 dollars.
(7) The certificate of registry of every colonial ship shall be pro-
duced once at least every 6 month to the Harbour Master, who
shall indorse the date of such production thereon. On failure of
such production, such certificate may be forfeited, unless satisfac-
tory cause for such non-production is shown to the Harbour Master.
(8) Every register, certificate, indorsement, declaration or bond
authorised or require by this section may be proved in any Court
or before any person having by law or by consent of parties authority
to receive evidence, either by the production of the original, or by
an examined copy thereof, or by a copy thereof purporting to be
certified under the hand of the Registrar of, Shipping, or other
person who may happen to have charge of the original, which certi-
fied 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 shall be received
as prima facie, evidence of all matters tlAerein recited, stated, or
appearing.
(9) The British flag may be used on board of any ship lawfully
possessing 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 certificate shall be at once de-
livered up to theof Shipping; and any change of master
shall be indorsed upon the certificate by the Harbour Alaster.
[sub-sec. (11) rep. No. 2 of 1903, s.2]
(12) No colonial ship exceeding 60 tons shall carry more than 12
passengers for hire, unless she is provided with a passenger certifi-
cate under section 10. If not exceeding 60 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 in-
consistent with the terms of this Ordinance) to the provisions of the
Merchant Shipping Acts, in the same manner and to the same
extent as British ships registered under the said Acts 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
indGrsement on the same by the, Registrar oi Shipping: Provided
always that, whether the certificate is intended to be renewed or
not, it shall be delivered into the custody of the Registrar of Ship-
phig 5 days before the expiration of the year for which it has been
granted or, in the event of 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 fine not exceeding 500 dollars.
(15) No prosecution shall be instituted under this section except
under the fiat of the 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 agrecinent of any British or colonial ship, unless such master,
mate, or engineer possesses a certificate of service or competency
granted in the United Kingdom under the Merchant Shipping Acts,
or a colonial certificate of competency declared by Order-in-Council
to be of the same force as if it had been granted lander the said Acts.
(2) Every British ship, and every colonial ship exceeding 60 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, accord-
ing to the following scale
(a) in any case, with a duly certificated master;
(b) iC the ship is of 100 tons or upwards, with at least one officer
besides the master holding a certificate not lower than that of only
mate, or of second mate in the case of a sailing ship of not
more than 200 tons, 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 100 nominal borse-power or up-
wards, 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 100 nominal horse-power,
with at least one engineer who is a first class or second class
engineer duly certificated.
Provided that any British or colonial ship exceeding 60 tons but
not exceeding 300 tons regularly plying between the Colony and any
places on the Canton or West River or any river in the interior of
the Kwangtung or Kwangsi province, or between the Colony and
Macao, shall bel deemed to comply with the requirements of this
sub-section if it does not carry inore tlian 12 passengers and is pro-
As ar~ierdc-1 by No. 2 of 1903, No. 5 of 1905 ' No. 9 of 1(jog
No. 30 or. 1911, ~No. 48 of 1911, No. 50 of lgil, No. 51 .,f
1911, ''o. 10 of 1912, No. 17 of I1J12 and No, 21 of 1012.
vided with a duly certificated master, and if a steamship with an
engineer who possesses a certificate of competency from the Har-
bour Master.
Provided also that any steam trawler or oflier fishing vessel
propelled by mechanical power other than oars or sails regularly
engaged in trawling upon the high seas from the Colony shall also
be deemed to comply with the requireinents of this sub-section if it
is provided with a duly certificated trawling master or a innster pos-
sessing at least a river trade certificate and an engineer possessing a
Certificate of competency from the Harbour Master.
(3) Every colonial ship not exceeding 60 tons trading or plying for
hire shall, when leaving the waters of the Colony, be provided with
officers who possess valid certificates of conipeteney according to the
following scale :-
(a) the master must possess a certificate appropriate to the grade
of second inate or of a higher grade ; and
(b) the engineer (in the case of a steaniship) must possess
a certificate appropriate to the grade of second class engineer or of
a higher grade.
Provided that any British or colonial ship not-exceeding 60 tons
regularly plying between the Colony and any places on the Canton
or West River or any river in the interior of the Kwangtung or
Kwangsi province, or between the Colony and Macao, shall be
deemed to comply with the requirennents of this sub-section if
carrying passengers it complies with the regulations contained in
Table E of the schedule and is provided with a master who possesses
a certificate of competency from the Rarbour Master, and if a
steamship is also provided with an engineer who possesses a like
certificate.
(4) The master of any British ship, or of any colonial ship,
exceeding 60 tons, or of any foreign ship holdilig a passenger
certificate under section 10, leaving or attenipting to leave any port
of the Colony without having on board, and entered on the register
and articles of agreement, officers possessing the certificates required
by this section shall be liable to a fine not exceeding 500 dollars
and it shall be lawful for the Harbour Master to refuse al port clear-
ance to any British or colonial ship, or to any foreicyn 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 leaws or attempts to
levave above port, of the Colony without, a clearance, tlic master thereof
shall be liable to a fine not exceeding 500 dollars.
(5) Every person who, having been engaged in any of the
capacities mentioned in sub-section (2) or sub-section (3) of this
secticn inany such ship as aforesaid, goes to sea in that capacity
without being entitled to and possessed of such certificate as is
by this section, and every person who employs any per-
son in any of the above capacities in such ship without ascertaining
that he is entitled to or of such certificates as is required
by this section, shall, for each such offence, be liable to a fine not
exceedinu 250 dollars.
(6) In any proceeding in Court 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 certificate of competency as masters, mates, or engineers
in the mercantile marine.
(8) The Governor-in-Council may 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-
potency as master, first, second, or only or engineer in the
mercantile marine, he shall give notice in writing to that effect, to
the Harbour Master, who shall forward the smne to the Governor.
(10) It shall thereupon be lawful for the Governor to constitute
and appolint a board of exaininers to inquire into the competency of
such applicant, and such board shall of three members, one
of whom shall be the Harbour Master, and of the renwining two one
or both shall be commissioned officers in the Royal Navy or masters
or duly qualified engineers in the British mercantile marine.
(11) On such appointment being nolified to the Harbour Master,
he shall summon the other members of the board to attend at the
Harbour 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 attond accordingly.
(12) Every applicant for a certificate of competency shall, on
lodgiug his application, pay to the Harbour Master a fee, if for a
master's or first class engineer's certicate, of 20 dollars, and if for
any other certificate, of 15 dollars.
(13) Every member of the board, except the Harbour Master,
shall be entitled to receive out of the public revenue a fee of 5
dollars for the examination of each applicant.
(14) Every aprlicant 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 recommendation 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 in-Council
dated 9th May, 1891, with respect to the use, delivery, cancellation,
and suspension of Colonial Certificates of competeney.
(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 fo 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 deli-
vered 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 hini 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 himself or
for any other person, a certificate of competency; or
(b) fraudulently uses a certificate or copy of a certificate of com-
petency which has been forged, altered, or cancelled, or suspended,
or to which lie is not entitled; or
(c) fraudulently lends his certificate of conipetency or allows it
to be used by any other person,
shall, in respect 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 engage-
ment and discharge of scamen on board British and colonial ships,
and foreign ships whose flag is no represented by a consular
officer resident in the Colony, 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 Mercantlile Marine
Office; and the Superintendent shall require such seaman to produce
to him his certificate of discharge from the fast 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 60 tons, and of every foreign ship whose flag is not repre-
sented by a consular officer resident in the Colony, shall enter into
an agreement with every seaman whoin he, engages in this Colony,
and carries to sea as one of his crew, in the form and manner
provided by the Merchant Shipping Acts.
(4) If the master of any such ship carries any seaman to sea
without entering into an agreeinent with him in accordance with the
last sub-section, he shall be liable to a fine not exceeding 50 dollars.
(5) Such fees, not exceeding the sums specified in Table I in the
schedule as may be fixed by the Governor-in-Council, shall be pay-
able upon all engagements and discharges; and the Superintendent
shall cause a scale of such fees to be prepared and to be conspicuous-
ly 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 Marine Office shall pay to the Superinlendent the
As amended by Nio. 30 of 11.311, No. 50 of 1911, No. 16 of 1912,
No. 17 of 1912 ,tnd No. 43 of 1912 Supp. Sched.
whole of the fees hereby made payable in respect of such engage-
ment or, and may, for the purpose of in part reimbursing
himself, deduct in respect of each such engagement or discharge
from the wages of all persons (except apprentices) so engaged or dis-
charged and retain any sums not exceeding the sums specified in
that, behalf in Table J in the 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 subsistence and mainteriance of such seaman, to the satis-
faction 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 dis-
charging a seaman in contravention of this sub-section shall be liable
to a fine not exceeding 100 dollars.
(b) Any seaman, being one of the crew of any ship, who wilfully
or negligentl remains in the Colony after the departure of such ship
shall be liable to a fine not exceeding 25 dollars, or to imprisonment
for arty 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 Colony, elsewhere than at teh Mercantile Marine Office, and
within 24 hours 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 defalt be liable to a fine not exceeding 25 dollars and,
in default, of payment thereof, to imprisonment without hard labour
for any term not exceeding 21 days.
(9) Whernever any seaman is dischared 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 semnan in written
certificate of dicharge, specifying the timc and nature of service
and the kne of discharge of such seaman, signed by himself, and,
if such seaman requires it, small further give him, within 24 hours
after demand, a true account in writing of the wages of such seaman
and of all deductions therefrom.
(10) Any seaman or other person who give 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 authority to demand
such information, shall be liable to a fine not exceeding 50 dollars.
(11) If the master or any other person belonging to any British
ship wrongftilly force on shore and leaves behind, or otherwise wil-
fully and wrongfully leaves belnild, 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
he liable to fine not exceeding 250 dollars, or to imprisonment for
any term not exceeding 6 niontlis.
(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 llable to be arrested on civil process,
unless the debt or demand exceeds the sum of 500 dollars: Pro-
vided always that by the term 'seaman' in this sub-section shall
be meant only a person who has, within the space of 6 months
provioiisly, served on board a ship for wages as a seaman, and that
the protection from hereby granted shall not be, held to extend
to any person not coming within such definition, or in case to
masters, mates, or engineers.
Boarding-houses for Seamen.
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 25 dollars or at the rate
thereof, according to the term of such licence and every such house
As a rnended bl~l- 30 of 1911 , 50 of 191 No. 16 of 1912,
No. 17 of 1912 nw! No. 21 o~ 1912.
shall be for the reception of such number of seamen only as may be
expressed in the licence, under a penalty of 25 dollars for each
seaman lodged at one time in excess of such number, and sball not
be granted until there have been constructed in the house to
be licensed suitable rooms, to be, approved by the Harbour Master
and no such boarding-house shall be a house 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 seamen to be boarded in each
house, and may make rules, subject to the approval 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 shall be hung
up in each house 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 fine not exceeding 25 dollars, and for a second
offence may further be deprived, if the keeper of such house, of his
licence. Licences issued this section shall be terminable on
30th November of each year.
(2) If any person, not liaving obtained a licence required by the
last sub-section keeps a boarding-house for seamen he shall be
liable to a fine not exceeding 100 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 boarding house for seamen by
such person ; but nothing in this Ordinance shall be construed to
prevent any seaman froni having the whole or any part of any house
for the residence of himself or his family and boarding himself
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
description of each seaman who has, on that day, come to board or
lodge at his honse, and the name of each seaman who has left his
house on that day after being a lodger or boarder therein, and such
other particulars as the Harbour Master may direct; and every such
keeper 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 seaman,
boarders or lodgers, who left his ohuse on any or either of the inter-
mediate 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
as furnished to him constantly in view, and in a conspicuous part of
the Mercantile Marine Office, for the Convenience of masters of ships
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 tbis sub-section
shall render the boarding-house keeper liable to a fine not exceeding
25 dollars.
(4) Nothing, in this section shall prevent misters, mates or en-
gineers of ships from boarding elsewhere than at a licensed board-
ing-house.
7-(1) All expenses incurred under the provisions of the,
Merchant Shipping Acts 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 ship, shall be borne by the
revenue of this Colony.
(12) It shall be lawful for the Governor to order the payment out
of the general revenue of all expenses incurred in the Colony for the
relief of such seamen as aforesaid, under the provisions of the said
Acts or of regulations in that behalf which may be made by the
Governor-in-Council.
(3) It shall be lawful for the Governor to order the repaynlent exit
of the general revenne of all sums expended under the provisions of
the said Acts by the Government, or by 'The Shipwrecked
Mariners Society,' or by the Government of any British colony, or
by any British consular officer in any foreign country, in and about
the relief of such seamen as aforesaid, and such sums shall be
reftinded in such manner as the Governor may think fit or as
a Secretary of State may direct.
As oiijciidc,d by 2 of 1903, No. iso of igil, 10 of 1 1
'~o. 17 of I1J12 and No. 21 of 1912,
Provisions, Health, and Accommodation.
8-(1) The owner, agent, or master of every British or colonial
ship navigating between this Colony and any place out of the same
shall cause to be kept on board stich ship a supply of medicines and
medical stores, in accordance with the scale appropriate to such ship
as laid down in the published scales of medicines and medical stores
issued by the 13oard of Trade, a copy of the book or books issued
by the said Board containing instructions for dispensing the same,
and also a sufficient quantity of anti-scorbuties, to be served out to
the crew, of proper quality and in accordance with the requirements
of the Merchant Shipping Acts.
(2) The owner, agent, or master of any such ship who wilfuily
refuses or neglects to provide and keep on board such medicines,
medical stores, books of instructions, and anti-scorbuties 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 fine not execeding 200 dollars.
(3) It shall be the duty of the Health Officer of the Port to inspect
the medicines, medical stores, and anti-scorbuties 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 eaeh offence be liable to a
fine not exceeding 200 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, who, 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 50 cents, to be paid by the agent or
master of the ship in case such seaman proves to be in sound health,
or by the seaman himself in case he shall prove to be affected with
As qiiieiiclcd by No. 2 of 190.3, No. 30 of 1911, No. 16 of 191~),
No. 17 of 1~)12 and No. 43 of 1912 Supp. Sched.
any contagious disease, or by the boarding-house keeper with whom
such seaman is residing, in case such boarding-house keeper shall
have failed to report tlhe state of health of such seaman in accordance
with the requirements of sub-Section (5) hereof.
(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
seman, so far as he may be able to aseertain the same; and every
seaman who is reported, or is otherwise discovered, to be affected
with a contagious disease shall be removed, by warrant under the
band 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 lie shall produce and
show to the Harbour Master, when required to do so; and the ex-
penses which may be incurred in and about the maintenance and
treatment of any such seaman in which such hospital shall be a debt due to
the Crown, and shall be paid by such seaman; or, in case the keeper
of the boarding-house in which such searnan has resided before his
removal to hospital has not reported, or has 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 ease it appears to and is
certified by the medical officer in charge of the hospital to which
such seaman is removed, or by an assistant surgeon, that the
disease with which he is affected is of such a nature as that the
keeper of the boarding-honse 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 Habour Master on behalf of the hospital.
(6) If any seainan affeeted with a contagious disease, and
reported so to be by the keeper of the boarding-house in which such
seaman is residing, refuse7, 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 discharged cured, refuses to produce his certificate
of discharge when required by the Harbour Master to do so, or,
being affected with a contagious disease, refuses or neglects to
Inform the keeper of the boarding-house in which he is residing of
the fact of his being so affected, then and in every such case such
seaman so offending shall be liable to a fine not exceeding 25 dollars,
or to imprisonment for any term not exceeding one month.
(7) In the event of the death of any of the, crew, passengers, or
other persons on board or any ship in the waters of the Colony, or
of the desertion of of the crew of any British or colonial ship
or of any foreign ship whose flag is not, represented by a consular
oMeor resident in the Colony, or in the event of the death of any
at the euemn passengers or persons 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 liable to
a fine not exceeding 25 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
llble to a fine not exceeding 500 dollars. It shaLl he the duty of the
Health Officer of the Port to inspect every such ship on its arrival
in order to the sanitary condition thereof.
Discipline.
9.-(1) (a) If any seaman or apprentice belonging to the crew of
any British ship deserfis 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 of the
ship, or for any one specilly 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 rehices to return to his duty on board the ship
or does not give areason for such refusal, the Stipendiary
Magistrate may order such seaman or apprentice to be put forcibly
on board the ship or to be confined 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 demand 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 3 months.
(b) If any seaman or apprentice descrts, when within the waters
of the Colony, from a merchant ship belonging to a subject of any
foreign country to which an Order in Council has declared that
A~ Pmended by 2 o~ ~,o. 30 of 19,11, Xo. 51 of 1911,
No. 16 of 122, 'No. 17 of 1912 and -No. 21 of 1912,
section 238 of the Merchant Shipping Act, 1894, shall apply, any
Court, Justice,who would have had cognizance of the
matter if the seaman or apprentice had deserted from a British ship
shaU, on the applicatian of a consular officer of the foreign country,
ad in apprehending the deserter, and for that purpose may, on in
formation giveri upon oath, issue a warrant for his apprehension,
and, on proof of the descretion, order him to be conveyed on board
his ship or delivered to tho 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 accordingly. If any persan har-
bours or secretes any deserter liable to be apprehended under this
sub-section, knowing or having reason to believe that he has desert-
ed, he, shall for each offence, on suminary conviction before a
Stipendiary Magistrate, be liable to a fine not exceeding 100 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 haboured, secreted, or conceal-
ed, or suspeted to he harboured, secreted, or concealed, on board
any other ship, boat, or other vessel or in any house or place, whatso-
ever, to issue 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, he brought before a Stipendiary Magistrate, to be
dealt with as is hereinbefore are directed.
(3) If any person harbours, conneals, 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, knowing such
seaman to have deserted, absconded, or absented himself frona duty,
or causes, induces, or persuades, or endeavours to cause, induce, or
persuade, any such seaman in any manner whatsoever to violate, or
to attempt or endeavour to violate, any agreement which je may
have entered into to serve an boud any such ship, or knowingly
connives at the desertion, absconding, or absence from duty of any
sneh seaman, such person so offending shall for every such offence,
on summary conviction before a Stipendiary Magistrate, be liable
to a fine not excoceding 230 dollars, or to imprisoment for any term
not exceeding 6 months.
(4) The Harbour Master or his deputy, before granting a port
clearance to any ship, may, lif he has reasonable ground for be-
lieving 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 desterter, and further, if he deems
it necessary, requir the master to make a statutory 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 ship who refuses or unnecessarily delays to comply
with such requisition shall, on summary conviction before a Stipen-
diary Magistrate, be liable to a fine not exceeding 300 dollars; and
any master of a ship who makes any such statutory declaration
containing any false statement shall be guilty of a misdemeanor.
(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 surnmarily as
follows :
(a) if he 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 properly paid by the
owner or master of the ship to any substitute engaged in his place
at a higher rate of wages than the rate stipulated to be paid to him;
and also he shall be liable to imprisonment for any term not
exceeding 12 weeks;
(b) if he neglects, or refuses without reasonable cause, to join his
ship or to proceed to sea in his ship, or is absent without leave at any
time within 24 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 leave and without sufficient reason from
his ship 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 absence without leave, and be liable to forfeit out of his
wages a sum not exceeding 2 days' pay, and in addition, for every
24 hours of absence, either a sum not exceeding 6 days' pay or any
expenses properly incurred in hiring a substitute; and also he shall
be liable to Imprisonment for any term not exceeding 10 weeks ;
(c) if he quits his ship without leave after her arrival before
she is placed in security, he shall be liable to forfeit out of his wages
a sum not exceeding one month's pay;
(d) if he is guilty of wilfiil disobedience to any lawful command,
he shall be liable to imprisonnient for any term not exceeding 4
weeks, and also to forfeit out of his wages a sum not exceeding 2
days' pay;
(c) if he is guilty of continued wilftil disobedlence, to lawftil com-
mands or continued wilful neglect of duty, he shall be liable to
imprisonment for any term not exceeding 12 weeks, and also, at the
discretion of the Court, to forfeit, for every 24 hours continnance of
disobedience or neglect, either a sum not exceeding 6 days' pay or
any expenses properly incurred in hiring a substitute ;
(f) if he assaults the master or any mate or certificated enginner,
of the ship, he shall be liable to imprisonment for any term not-
exceeding 12 weeks;
(rj) if he combines with any of the crow to disobey lawful com-
mands, or to neglect duty, or to impede the navigation of the ship
or tbe progress of the voyage, he sball be liable to imprisonment f(-1,
any term not, exceeding 112 weeks; and
(11) if he wilfully damages the ship, or embezzles or wilfully
damages any of her stores or cargo, lie shall be liable to forfeit out
of his wages a sum equal to the loss thereby sustained, and also,
the discretion of the Court, to imprisonment for any term not
exceeding 12 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 paragraphs (d) , (c) , (f) , and (g) of this sub-section,
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 officer in writing, and unless such officer
that any such seaman shall not become a charge oil the Colony in
consequence of being so dealt with.
(6) All expenses in incidental to the apprehension and confinement
of any seaman or apprentice, under this section shall be payable by
the master of the ship to which from him, at the suit of the Captain Super-
intendent of Police, as a debt due to the Government; and the
subsistence 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 : Provided that every seaman or apprentice imprisoned
under this section may, by direction of the committing Stipendiary
Magistrate, be sent on board his ship or may be placed at the dis-
posal of the consular officer at whose request he dealt with the case,
on the written application of such officer, either on or before the
expiration of his term of imprisonment.
PART III.
PASSENGER SHIPS.
Surveys.
10.-(1) In this Part 'passenger ship' means every ship exceed-
ing 60 tons register carrrying passengers from, to, or between places
in the waters of the Colony.
(2) Every passenger ship which carries more than 12 passengers
shall be surveyed once at list 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 passenger 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 Acts or any enactment in force
in any British possession ; and
(b) Foreign ships which have from their own country, or from the
Country from whose flag they have been transferred, or from any
British possession passAger certificates or survey and other certi-
ficates equivalent to those required in the case of British ships : Pro
vide,d that, in. the event of any question arising as to the sufficiency
of any foreign certificate to prote& the ship holding the referred for
survey wider this section, stich question shall be rererred for
settlement to the Governor-in-Council, whose decision thereon shall
be final.
(3) No passenger ship which carriers more than 12 passengers shall
clear out, or proceed on any voyage from this Colony unless the
master has, the certificates as to survey required under this Parwhich the
ship is about to proceed, or, in the case of a foreign ship, Certificates
equivalent to those required in the case of a British ship. Any
passengor ship attempting to go to sea may be detained until such
certificates as aforesaid are produced to the Harbour Master.
As amended by No. 2 of 11)03, No. 9 of 1909, --\0. W_).f
No. 50 of 1911, No. 16 of 1912, 'No. 17 of 15)12 and No. 43 cl
1912 Selied,
(4) The Governor may appoint such number of fit and proper per-
sons to be Government surveyors for the purposes of this Ordinance
as he may think proper, and appoint their duties, and may remove
any of them, and may fix the remuneration to be received by them.
(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 reasonable times, and to inspect the same or any part, thereof, or
any of the machinery, boats, equipments, or articles on board
thereof, or any certificates of the master, mate, or engineer, to
which the provisions of the Merchant Shipping Acts or any
Ordinance apply, not unnecessarily detaining or delaying the ship
from proceeding on any voyage; and if, in consequence, of any
accident to any such ship or for any other reason, they consider it
necessary 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 ship, or other-
wise impedes him in the execution of his duty under this Ordinance,
shall be liable to a fine not exceeding 25 dollars.
(6) The said surveyors shall execute their duties under the
direction of the Governor, who may make regulations as to the
manner in which the surveys 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 and 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 niade the said surveyors shall execute their
duties in accordance with the 'Instructions to Surveyors ' issued
by the Board of Trade.
(7) Every surveyor who demands or receives, directly or indirect-
ly, 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 wbo offers or
gives any fee or remuneration whatsoever (otherwise than is per-
mitted by this Ordinance) to any such surveyor for or in respect of
such sur shall be liable to a fine not exceeding 250 dollars.
or more of the Government surveyors, who shall thereupon, if
satisfied that it can properly be done, give to such owner, agent, or
inaster declarations as follows
(a) declaration containing statements of the following parti-
culars :-
(i) the 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, companses, and shelter for deck passengers, and
the certificates of the master and inate or mates, are such and in
such condition as required by law ;
(iii) the time (If less than 12 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 referenee to all passenger ships not coming within the
provisions of the Chinese Passengers Act, 1855, or of the Chinese
Emigration Ordinance, 1889, if plying or intended to ply for hire,
the number of passengers which such ship is, in the judgment of
the surveyor, fit to distinguishing', if necessary, between the
respective number 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 vovage, the cargo carried, or other circum-
stances as the Governor-in-Council may direct, by any regulations
to be made by him for this purpose; and
(b) A further declaration containing statements of the following
particulars :-
(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 12 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 surveyor, not fit to
ply;
(vi) that the certificates of the engineer or engineers are such and
in such form as required by law; and,
(vil) in the case of a British or colonial ship, that the ship is duly
marked with deck and load-lines in accordance with section 14 of
this Ordinance or with the Merchant Shipping Acts ;
and such declarations shall be in such form as the Governor may
direct.
(9) The said owner, agent, or master shall transmit such declara-
tions to the Colonial Secretary within 14 days after the dates of the
receipt thereof respectively; and in default forteit a sum not
exceeding 2 dollars for every day that the sending of such declara-
tions is delayed; and such sum shall be paid on the delivery of the
certificate 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 tranmitted to the Colonial Secretary
within 28 days, the fees and forfeitures shall be recoverable as a
debt due to the Crown.
(10) On the receipt of such declarations, the Governor shall, if
satisfied that the provisions of this section have been complied with,
cause a certificate in duplicate, to be prepared and issued to the effect
that the provisions of the law with respect to the survey of the ship
and the transmission of declarations in respect thereof have been
complied with; and such certificate shall state the limits, if any,
beyond which, according to the declaration of the surveyor or
surveyors such ship is not fit to ply, and shall also contain a state-
ment, 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 lit the cabins, such number to be subject
to such conditions and variations, according to the time of the year,
the natore of voyage, the cargo carried, and other circumstances,
as the case may require.
(11) The Colonial Secretary shall transmit such certificate in
duplicate 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 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 cerfificate of clearance for an emigrant ship
under the Chinese Passengers Act, 1855, or the (Chinese Emigration
Ordinance, 1889, or
(c) by the refusal of a certificate of clearance under this Ordi-
nance,
the owner, agent, master, or charterer may appeal, in the
manner prescribed by the genecal rule's in Table H in the schedule
to a Court of Survey constituted under this Ordinance, and, upon
the 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 coats shall be paid accordingly, and shall be
recoverable in the same manner as in summary proceedings
before any Stipendiary Magistrate.
(13) On such appeal, the Court of Survey shall report to the
Goversor 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 certiti-
cates regused.
(14) Subject to any order made by the Court of Survey, the costs
of and incidental to appeal under this section shall follow the
event.
(15) Where the survey of a ship is made for the purpose of a
declaration under sub-section (8) of this section, the person
appointed to make the survey shall, if so required by the owner,
agent, or charterer, be, accompanied on the survey by some com-
petent person appointed by the owner, agent, or charterer, to be,
approved by the Governor, and in such case, if the said two per-
sons 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 charterer
of any ship preferring an appeal under this section or under section
17 (5) (d) or (e), in and by the make of appeal required by the
general rules in the saidd Table H, to give notice that he objects to
the Marine Magitiste being a member of the Court of Survey,
staiing the grounds of his objection, and thereupon the Harbour
Master shall 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, or agent, or of every ship requiring a certifi-
cate under this section shall pay for every certificate granted by the
Govertior the fees mentioned in Table C in the schedule.
(18) No certificate shall be held to be in force for the purposes of
this section beyond a period of 12 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 subsequent 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 direets, and any owner, agent, or
master who, without reasonable cause, refuses or neglects to comply
with such requirement shall be liable to a fine not exceeding 50
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, wind machinery of the ship have been fraudu-
lently 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 Governor may 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 cerfiticate or
granting a fresh one in lieu thereof.
(20) The owner, agent, or master of every such ship shall forth-
with, on the transmission of any such certificate as aforeaid 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 remain in force and such ship
is in use; and in default such owner, agent, or master shall for every
offence be liable to a fine not exceeding 50 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, drsaught, burden, rate of sailing, room 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 fine not exceeding 25 dollars.
(22) IF any person knowingly and wilfully 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 24 hours after
the happening of the accident or damage, or as soon thereafter as
possible, report the same by letter to the Hardbour Master, and
in default, without reasonable cause therefor, he shall be liable to a
fine not exceeding 500 dollars.
(21) If the provisions of this Part, which require a passenger
ship to be surveyed and to have a passenger certificate, are not
complied with in the case of any such ship the master or owner
shall, without prejudice to any other remedy or penalty under this
Ordinance, be llable, on summary conviction, to a fine not exceeding
100 dollars for every passenger carried from or to any place in the
waters of the Colony.
(25) The owner or master of any passenger ship shall not receive
or have on board thereof or on or in any part thereof at any place
within the waters of the Colony any number of passengers which
having regard to the time, occasion, and circumstances of the case is
greater than the number allowed by the passenger certificate, and
if he does so he shall for each offence be liable to a fine not exceeding
200 dollars, and also to an additional fine not exceeding 5 dollars
for every passenger above the number so allowed.
General Equipment
11.-(1) Every passenger ship of which a survey is required by
the last 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 to 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 connected 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 International Collision Regula-
tions, 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 the Chinese Emigration
Ordinance, 1889), with such shelter for the protecion of deck
passengers, if any, as the Governor, having regard to the nature of
the passage, the number of deck passengers to be carried, the season
of the year, the safety of the ship, and the circumstances of the case,
may require.
(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 fine
not exceeding 500 dollars, and the inaster shall (if he appears to bo.
in fault) be liable to a fine not exceeding 250 dollars.
(3) If any requirement of this section or of Table D in the
schedule is not complied with in the casc of an passenger ship,
the Harbour Master sliall not grant a clearance, and it 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 surve or, he shall, in addition to any other
liabilities, be liable to a fine not exceeding 500 dollars.
Penalties for carrying passengers in excess of monbers allowed by
Certificate or Clearance.
12-(1) The master of every ship shall, on application to (he
Harbour Master for 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 certifi-
cate, or exceeds 12 in the case of a ship which is not provided with
a passenger certificate, the Harbour Master inay refuse clearance.
Any inaster who wilfully misrepresents the number of passengers
so about to be carried, or leaves or attenipts to leave any port in the
Colony witbout a, shall be liable to a fine, not exceeding
250 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 clearance
shall be liable to a fine not exceeding 20O dollars, in addition to
a fine not exceeding 5 dollars for every such passenger in excess of
the number permitted to be carried by the clearance.
(3) When the master of any ship has become liable under the
provisions of the last sub-section to the, pcnalty therein inentioned,
the owner, agent or consignee of such ship shall be liable to a like
penalty, unless lie proves that such passengers were shipped without
his knowledge or consent and that he derived no profit, benefit, or
advantage 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 12 passengers, except on the pro-
duction 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 deck passengers by any ship.
PART IV.
SAFETY.
13.-(1) The Governor-in-Council may make rules with respect
to the following matters :-
As amunded by No. 30 of 1911, 'No. 60 of 1911 and No. I G ot 1912.
As amended by No. 2 o~ 190a, No. 9 of 1909, No. 30 of 1911,
'o. 50 of 1911, No. 16 of 1912 and No. 17 of 1912.
(a) the arranging of ships into classes, having regard to the
service in which they are employed, the nattire and duration of the
voyage, and the nuinber of persons carried;
(b) flie nuinber and 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 arrafiged and the mode of
theiralso the equipinents 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-rafts, life-jackets, and life-buoys.
(2) It shall be the duty of the owner and master of every British
or coloinal ship exceeding 60 tons to see, that his ship is provided,
in accordance with the rules in Table A In the schedule, with such
life-boat 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.
(2a) Sub-sections(2) and (3) shall not apply to any British ship
which already coniplies with the provisions of the Merchant Ship-
ping Acts with respect to life-saving appliances.
(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 to the ship ; or
(b) if any of the applicances with which the ship is so provided
are lost or rendered unfit for service in the course of the voyage or
excursion through 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 fine not exceeding 500 dollars, and the master of the
ship (if in fault) shall for each offence be liable to a fine not exceed-
ing 250 dollars.
(4) Any surveyor appointed tinder this Ordinance may inspect
any Ship for purpose of seeing that she is properly provided
appliances for saving life at sea ln 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.
(16) The Harbour Master shall not grant a clearance for any ship
hereinbefore required to be provided with boats, life-jackets, and
other applianees 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.
(7) The master of every British and colonial ship shall enter or
cause to be entered in the official log-book, a statement, or if there
is no official log-book, cause a record to be kept, of every occasion
on which boat drill is practised on board the ship, and on which the
life-saving appliances on board the ship have been examined for the
purpose of Seeing that they are fit and read for use.
(8) The master shall, If and when required by any officer of the,
Harbour Department, produce for inspection any such entry or
record.
(9) If the master fails to comply with any requirement of sub-
sections (7) and (8) he shall be liable, on summary conviction, for
each offence to a fine not exceeding 100 dollars.
Provided always that sub-sections (1) to (6) shall day to
be notified in the Gazette, apply to all foreign ships while within
theof the Colony to the same extent as they apply to British
ships : Provided aho that the said sub-seetions shall not apply to
any ship of a foreign country with regard to which His Majesty has
by Order in Council declared that the provisions in force in that
country relating to life-saving appliances appear to His Majesty to
be as effective as, those of the Shipping Acts relating to
such appliances, on proof that such former provisions are complied
with in the case of that ship.
Deck and Load Lines.
14.-(1) All ships in the waters of the Colony (except ships
tinder 25 tons not carrying cargo, pleasure yachts, ships not trading
or plying for hire, and ships employed solely as tugs) shall be per-
manently and conspicuously marked with lines of not less than 12
inches in length and 1 inch in breadth, painfed longittidinally on
each side windships or as near thereto as is practicable, and in-
dicating the position of each deck which is above water, subject to
the following provisions :-
(a) the upper edge of each of the deek-lines inust be level with the
upper side of the deck plank next the waterway at the place of
marking; and
(b) the deck-lines niust be white or yellow on a dark ground or
black on a light ground.
(2) The, owner, igent, or rnaster of every ship in the waters of
the Colony (except ships under 2.5 tons not carrying cargo, 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, ground or in blach on a light gromid, a circular disc 12
inches in diameter, with a horizontal line 18 inches in length drawn
through its centre, subject to the foliowing 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
lawfol to load the ship; and
(b) the position of the disc shall be fixed in accordance with the
Tables of Freeboard contained in the Instructions to Surveyors
issued by the Board of Trade.
(3) Any owner or master of a ship (except ships under 25 tons
not earrying cargo, Pleastire 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 sait water the centre of the
disc, and any person who conceals, removes, alters, defaces, or
ASalnellded by No. 9 of 1909, No. 30 of 1911, No. 50 of 1911,
No. 16 of 1912 and No. 17 of 1912.
obliterate, or suffers any person under his control to conceal, re-
move, alter, deface, or obliterate, any of the said marks, except in
the event of the particulars thereby denoted being lawfully altered,
or except for the purpose of escaping capture by an enemy, shall
for each offence be liable to a fine not exceeding 500 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 l fine not exceeding 500 dollars.
(5) If a ship is so loaded as to submerge in salt water the centre
of the dise Indicating the load-line, the ship shall be decined to be
an unsafe ship within the mearting of the provisions contained in
section 17, and such submersionshall be a reasonable and probable
cause for the detention of the ship.
(6) The owner, agent, or master of a ship required to be marked
with deck and load-lines, shall also, on clearing her, deliver to the
Harbour 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 the position of the ship's deck which is above
that centre. If default is inade in delivering this statement in the
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 hini for that purpose, to
approve and certify on his behalf 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 inclicating the load-line, she shall be kept so marked until
lier next to the, Colony.
(9) In this section 'amidships' means the middle of the length
of the load water-line as measured from the form side of the stem to
the aft side of the
Provided that this section shall not apply to any ship of a foreign
country before a day to be notified in the Gazette, without prejudice,
however, to the power of His Majesty previously to apply the pro-
visions of the Merchant Shipping Acts relating to deck and load-lines
to ships of any foreign country if the Government of that country
so desire under the Merchant Shipping Acts, in which event this
section shall apply forthwith to ships of such country.
Provided also that this section shall not apply to any ship of a
foreign country with regard to which His Majesty in Council has
under section 445 of the Merchant Shipping Act, 1894, directed that
ships of that country shall not be liable to detention, fine, or penalty
oil proof that such ship has complied with the and regulations
of that country.
Danagerous Goods.
15.-(1) If any person sends or attempts to send by, or, not
being the owner or master of the ship, carries or attenipls to carry
in, any ship any dangerous goods as defined by the Dangerous Goods
Ordinance, No. 1 of 1873, without distinctly marking their nature
on the outside of the vessel or 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, totlie, ov.,ner 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 fine not exceeding 500 dollars : Provided that if
such person shows that he was merely an agent in the shipment of
any such goods and was riot aware, and did not suspect, and bad
no reason to suspect that the goods shipped by him were dangerous
goods, the fine to which he shall be liable shall not exceed 50 dollar.
(2) If any person knowingly sends or attempts to send by, or
carries or attempts to carry in, any ship any such dangerous goods,
under a false description, or falsely describes the sender or carrier
thereof, he shall be liable to a flne not exceeding 2,500 dollars.
(3) The owner or master of any ship may refuse to take on board
any package or vessel which he suspects to contain such dangerous
goods and may require A to be opened to aseertain the fact..
(4) It shall be lawful for the Harbour Master to refuse a port
clearance to any ship carrying more than 20 passengers, if there are
on board any such dangerous goods unless they are enclosed in a
substantial compartment exclusively appropriated to the stowage of
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 either
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 Colony without having the said dangerous goods
As amended by No. PO of l~)11 , 'No. 16 of PM and No. 17 of 1912.
enclosed, secLired, placed, and surrounded as in this sub-section-
provided, or without having obtained a clearance, shall be liable to
a fine not exceeding 500 dollars.
(5) Where any such dangerous goods have been sent or brought
on board any ship, without being marked as aforesaid or without
such notice having been given as aforesaid, the owner or master may
cause such goods to be thrown overboard, together with any vessel
or package in which they are contained ; and neither the owner nor
the master shall, in respct of such throwing overboard, be subject
to any liability, civil or criminal.
(6) Where any such dangerous goods have been sent or carried, or
attempted to be sent or carried, on board any ship, without being
inarked as aforesaid or without such notice having been given as
aforesaid, and where any such goods hawe 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 shall be disposed of as the Court
may direct.
(7) The Magistrate shall have and may exercise the aforesaid
powers of forfeltnre and dispostd, notwithstanding that the owner
of the goods has not committed any offence tinder 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 require such notice to be given to the owner or
shipper of the goods before the same are forfeited.
(8) The provisions of this section relating to the carriage of
dan gerous goods shall be deemed to be in addition to, and not in
substitution for or in restraint of, any other enactment for the like
object, so, nevertheless, that nothing in the said provisions shall be
deemed to authorise that any person be sued or prosecuted twice in
the same matter.
Grain Cargoes.
16.-(1) In this section,-
' Grain ' means any corn, rice, paddy, pulse, seeds, nuts, or nut
kernels.
and 1
LLliiclidcd by NU. I.) of 1900, l~u. 30 uf 1911 ' N-10 uf 1912,
'Ship laden with a grain cargo' means a ship carrying a cargo
of which the portion consisting of grain is more than one third of
the registered tonnage of the ship, and tbat third shall be computed,
where the grain is reckoned in measures of capacity at the rate 100
cubic feet for each ton of registered tonnage, and where the grain in
reckoned in measures of weight, at the rate of 2 tons weight for each
ton of registered tonnage.
(2) When such grain cargo is carried on board any vessel stich
grain shall be contained in bags, sacks, or barrels, or seclired froin
shifting by boards, bulkheads, or otherwise.
(3) If any ship arrives within the waters of the Colony with grain
cargo loaded contrary to the provisions of this section the master
thereof shall be liable, on summary conviction, to a fine not exceed-
ing 1,000 dollars.
(4) If the owner or master of any ship, or any agent of any ship,
knowingly allows any grain cargo or part of a grain cargo to be
loaded therein contraxy to the provisions of this section, or sends
or attempts to send such ship to sea, lie shall for every such offence
be liable, on summary conviction, to a fine not exceeding 1,000
dollars.
Unseaworthy Ships.
17.-(1) Every person who sends 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 endangered shall be guilty of a misdemeanor, unless
he proves cither that he used 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, reason-
able and justifiable, and, for the purpose of giving such proof, be
may give evidence in the same manner as any other witness.
(2) Everv master of a British or colonial ship who knowingly
takes the same to sea in such an unseaworthy state that the life of
any person is likely to be thereby endangered shall be guilty of
a misdemeanor, unless he proves that her going to sea in such an
justfiable, and, for the purpose of giving such proof, he may give
evidence in the same manner as any other witness.
A-, amemled 1) ' v No. 50 o~ Wil, No. 10 of 1912, No. 17 of 1912
'111(1 Xo. 21 of 1912.
(3) A prosecution under the preceding sub-sections of this
section shall not be instituted except with the consent of the
Governor.
(4) A misderneanor under the preceding sub-sections of this
soction sIwIl nol be punishable oil suinniary conviction.
(5) Where a British or colonial ship being in any port of the
Colony is an unsafe ship, that is to say, is, by reason of the defective
condition of her hull, equilinient, or machinery or by reason of
overloading or improper loading, unfit to proceed to sea without
serious danger to human life, having regard to the nature of the
service for which she is intended, any such ship (hereinafter des-
cibed as ''unsafe,') may be provisionally detained, and afterwards
either finally detained or released as follows
(a) the Governor, if lie has reason to believe, on complaint or
otherwise, that a British or colonial ship is unsafe, may provisionally
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 (if her detention, and the Governor may, if he thinks
fit, appoint some competent person to survey the ship and report to
him ;
(c) the Governor, on recelving the report, inay 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 alter-
ations or the unloading or reloading of cargo as the Governor thinks
necessary for the profection of human life, and lie may 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 7
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 acconipanied by such person of nantical, en-
gineering, or other special skill and experience, to be approved by
the Governor, as the owner, agent, or master may select ; and in
such case if the surveyor and assessor agree, the Governor shall cause
the ship to be detained or released accordingly, but if they differ, the
Governor may act as if the requisition had not been made, and the
owner, 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, tho 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 the provisional detention of the ship, the
Government shall be liable to pay to the owner of the ship his costs
of and incidental to the detention and survey of the ship, and also
cornpensation for any loss or damage sustained by him by reason of
the detention or survey.
(b) If a ship is finally detained under this Ordinance or if it
appears that a ship provisionally detained was, at the time of such
detention, unsafe 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 prejudice to any other
remedy, be recoverable in a summary way before a 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 Govern-
ment 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 relating to actions against the Government shall
apply to such action.
(7) Where a complaint is inade to the Governor that a British or
colonial ship is unsafe, he may require the complainant to give
security, to his safisfaction, 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 Gencral : Provided that where the complaint is made
by one-fourth, being not less than 3, 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 iriade in suffielent time before the sailing
of the ship, take proper steps for ascertaining whether the ship
ought to be detained iinder this Ordiliance.
(8) (a) An order for the detention of a ship, whether provisional
or final, and an order varying the same, shall be 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 subsequently closed.
(c) For the purposes of a survey under this section, any person
authorised 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 removal of any cargo,
ballast, or tackle.
(d) The provisions of the Merchant Shipping Acts with respect
to persons who wilfully impede an inspector shall apply as if those
provisions were herein enacted, with the substitution for the inspec-
tor of any meinber 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 whilst in the waters of the Colony is
unsafe by reason of the defective condition of the hull, equipments,
or machinery, or by reason of overloading or improper 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 modifications :-
(1) a copy of the order for the provisional detention of the ship
shall be forthwith served on the constilar officer for the State to
* A,, amended by No. 9 of 1909.
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 the 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 person, if any, appointed by the
Governor-to survey the ship shall be accompanied by such person
as the consillar 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 herein-
before provided; and
(3) where the owner, agent, or waster 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 members of the Court of Survey, not exceeding two.
18a. Nothing in the provisions of sections 13, 14, 16 and 18 shall
affect any foreign ship not bound to this Colony which comes into
the waters of the Colony for any purpose other than that of em-
barking or landing passengers or taicing in or discharging cargo or
taking in bunker coal.
PART V.
MARINE COURTS AND COURTS OF SURVEY.
Marine Courts.
19.-(1) It shall be lawful for the Governor, whenever occasion
may arise, 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 5 or less than 3
members, of whom one shall be a Stipendiary Magistrate and pre-
As amended by NO. 9 of 19(9, NO. 23 of 1912 and No. 43 of 1912
Supp. Sched.
Asamended by Xio. 2 of 1903, NO. 30 of 1911, No. 50 Of 1911,
No. 51 of 1911, No. 16 of 1912 and 'No, 17 of 1912.
sident of the Court, and at least one shall be a commissioned officer
in the Royal Navy, and the remainder masters of the British mer-
cantile marine, or such persons of nautical, engineering, or other
special skill or knowledge as the Governor may appoint : Provided
always that where any investi 'gation 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 2 members having experience in the merchant service.
(3) Each of the unofficial menibers of such Court shall be paid,
out of the Treasury, the sum of 10 dollars a day, or such other sum
as the Governor may, in any special case, direct, during each day
that the Court sits.
(4) For the purpose of an investigation under this Part, a ship-
ping casualty shall be deemed to occur,-
(a) when on or near the coasts of the Colony any British or
colonial ship is lost, abandoned or materially damaged;
(b) when on or near the coasts of the Colony any British or
colonial 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 British or
colonial ship causes loss or material damage to any other ship;
(d) when any loss of life ensues by reason of any casualty happen-
iny to or on board any British or colonial ship on or near the coasts
of the Colony;
(e) when in any place any such loss, abandonment, material
darnage, 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,-
(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 tbe course of a voyage to the Colony;
(b) where a shipwreck or casualty 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 com-
petent witnesses to the facts, are found in the Colony ;
(d) where the incompetency or misconduct has occurred on board
a Britisli 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 encyineer 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 inake 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 ordinary jurisdiction, but subject to
all provisions, restrictions, and conditions which would have been
applicable if it bad so occurred. Such Court shall also have the
powers given by the Merchant Shipping Acts, to inspectors appoint-
ed 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 competent Court or tribunal in any part
of His 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 re-
ference to the same matter shall not be held under this section.
(8) The certificate of a master, mate, or engineer may be can-
celled or suspended-
(a) if the Court finds that the loss or abandonment of, or serious
damage to, any ship, or loss of life, bas been ewised by his wrongful
act or default; or
(b) if the Court finds that he is incompetent, or that lie 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 by the Merchant Shipping
Acts.
(9) Where any case before any such Court as aforesaid involves
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 cancelling 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 de-
termines 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 of the
case on which the investioution 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-bearing 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 application for re-hearing either is not made or is refused, an
appeal shaffi 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 Acts.
(13) It shall be the duty of 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 tbe
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 direct
the same to be retained by way of compensation to the owner or to
be paid into the 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
enforced 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 sus-
pended 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 he shall for each ofTence be liable to a fine
not exceeding 250 dollars.
(17) Where an investigation into the conduct of a master, mate,
or engineer, or into a shipping casualty, has been held under this
Ordinance the Governor may, in any case, and shall, if new and im-
portant evidence which could not be produced 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 sitting in Admiralty Jurisdiction, and the case shall be so
re-beard accordingly.
(18) The Governor-in-Council may make general rules for carry-
ing into effect the enactments relating to formal investigations into
shipping casualties and into charges of incompoteney or misconduct,
and in particular with respect to the procedure, the parties, the
persons allowed to appear, the notice to sneh parties and persons or
to persons affected, and the amount, and application of fees.
(19) Every formal investigation shall be conducted in such a man
nor that, if a charge is made against any person, he shall have all
opportunity of making a defence.
Courts of Survey.
20-(1) It shall be lawful for the Governor, whenever occasion
may arise, to apoint a Court of Survey in the same manner and
Composed of the, same persons as in the case of a Marine Court, and
in stich 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 Acts ;
(c) the Court may order the ship to be surveyed, and may appoint
any competent person to survey the, ship and report thereon to the
Court, and such person may, in case orbe 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 concur in an order for the detention of the ship, the
ship shall be released; and
(c) the owner or agent and the master of the ship, and any person
appointed 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 make general rules for carrying
into effect, the provisions of this Ordinance with respect to a Court
of Survey and appeals thereto, and in particular with respect to the
summoning of and procedure before the Court, the requir-
ing on an appeal under section 17 (5) (d) or (e) security for costs
and damages, and the amount and application of fees.
(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 vivil debt under the Magistrates Ordinance, 1890.
(4) Nothing in this section shall be deemed to affect in any way
the Admiralty Jurisdiction of the Supremne Court.
As airionded by No. 50 of 1911, No. 16 of 1912, No. 17 of 1912 and
No. 21 of PA2,
PART VI.
REGULATION AND CONTROL OF THE WATERS OF THE COLONY AND
OF VESSELS USING SAME.
Ports of the Colony.
21. The Governor may declare by notification certain places in the
waters of the Colony to be ports, and no master of any ship or junk
shall, except from stress of weather or soine other sufficient cause,
anchor at any other place in the waters of the Colony.
Duties of Master.
22.-(1) The master of every merchant ship arriving within
Signalling distance of the signal station at Glap Rock or Waglan or
Cape D'Aguilar, and intending to enter any port, shall hoist her
national colours and her house flag or lier number, and shall keep
the same.flying while passing the signa,l station. He shall also hoist
her national colours when entering any port, and shall keep the
same flying until the ship has been entered it the Harbour Master's
Office.
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 accordance with Table K (A) in
the schedule, and every master or any officer of the ship who delays,
obstructs, or impedes the Barbour Master or Flealth Officer, or
refuses to give, such information as may be, required, or gives false
particulars, shall be guilty of an offence.
(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 fine not
exceeding 100 dollars; and he shall remove his vessel to any new
berth when to do so by the Harbour Master, and in default,
without reasonable cause thereor, shall be liable to a line not
exceeding 20 dollars for every hour that the vessel remains in her
Asamended by No. 5o) of -No. 16 of 1912 and 'No. 21 of 1912.
Aq ttincii(l(t(l 1)v No. 2 of 1903, No. 30 of 1911, N;,. 5W f 11)11,
,Xo, 10 ci of 1912 aild No. 21 of 1.912,
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 secure in such place as he may
direct, or he may prohibit their anchoring or securing in any parti-
cular place.
(4) Every such master shall, within 24 hours after arrival at any
port, 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 proper consulate. Any master who offends
against the provisions of this sub-section shall be liable to a fine not
exceeding 200 dollars.
(5) Every such 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 circunistances, the Harbour Master may deem it necessary
to give with a view to the safety of the shipping and the proper
regulation thereof ; and any master who wilfully disobeys or neglects
this regulation shall be liable to a fine not exceeding 200 dollars.
(6) Every such master about to proceed to sea shall, where prac-
ticable, 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 des-
cription of the cargo, to the Harbour Master, who, if there is no
reasonable objection, 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 there-
after 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 fine not exceeding 250 dollars : 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
and leaving before the said office is again open 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 make regulations 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 soclusion 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 any such costs and expenses charged
or incurred for the medical attendance and maintenance of any
person removed to any hospital or other place.
(2) Every person who offends against any such regulations
(except regulation No. 14 of Table L in the schedule) shall, on
summary conviction before a Stipendiary Magistrate, be liable to
a fine not exceeding 2,000 dollars, and to imprisonment for any
term not exceeding 12 months; 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 such regulations, and to arrest, recapture,
or detain offenders against them, as may be used by any person for
the preventlion of any felony or the arrest, recapture, or detention
of a felon.
(3) All costs and expenses charged or incurred under regulation
No. 14 of Table L, may be recovered in the Summary Jurisdiction
of the Supreme Court at the still of the Treasurer.
Fairways.
24. No vessel of any description, whether a, ship of war or other-
wise, shall be allowed 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 fine not exceeding 50 dollars.
Asamended by No. 30 of 1911, No. 50 of 1911, No. 16 of 1912,
No. 17'of 1912 and No. 43 of 1912 Supp. Selied.
As arnended by No, 30 of 1911 and No. 16 Gf 1912.
Safety of Ships and Prevention of Accidents.
25.-(1) Every junk under way in the waters of the Colony shall,
from sunset till sunrise, carry either-
(a) the lights prescribed for sailing vessels under way by the
international Collision Regulations; Or
(b) two briglit white lights, one of which shall be placed at the
head and shall be of such a character as to be visible all
round the horizon on a darkwith a clear atmosphere at a
distance of at least one mile, and the other of which shall be placed
in the stern at a height above the hull of not less than 6 feet, and
shall also be of such character as to be visible all round the horizon
at the said distance.
For every omission to comply with the requirements of this sub-
seution, the master or other person for the time being in charge
shall be liable to a fine not exceeding 100 dollars.
(2) Every ship, bulk, junk or other vessel (not being a boat pro-
pelled by oars), being at anchor, or at moorings, or alongside any
wharf in the waters of the Colony, shall, from sunset to sunrise, if
under 150 feet in length, carry forward where it can best be seen,
but at a height not exceeding 20 feet above the hull, a bright white
light, visible all round the horizon at a distance of at least one mile,
and, if of 150 feet or upwards in length, shall carry such light at a
height not less than 20 and not exceeding 40 feet above the hull,
and, in addition, a similar light at or near the stern, at such a height
that it shall not be less than 15 feet lower thaii the forward light,
and In default the owner or master shall be liable to a fine not ex-
ceeding 100 dollars.
(3) In the case of police assistance, being required on board any
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 in the case of fire, or ' Blue
Lights' in the case of disturbance. A continious sounding with
any fog signal apparatus may, in addition, be adopted to attract
attention in either case.
As amelided by '~o. 5 of I1J05, No. 30 of 1911, 5( of )911,
No. 16 of 1U12 kLi(t No. C3 of 1UL? Skipp. Sullud,
(4) The, Governor-in-Council may make regulations or orders for
the protection, managernent, and navigation of the waters of the
Colony, for the better and more effectual keeping of order therein,
and for the preventlion of any nuisance in the same.
Offences in the Waters of the Colony.
26-(1) If any person:-
(a) unlawfully cuts, damages, or destroys any of the ropes,
cables, cordage, tackle, haedfasts, or any other furniture of or be-
longing to any vessel lying in the waters of the Colony, with intent
to steal or otherwise unlawfully obtain tbe saine or any part thereof
or
(b) Ifor 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 articles unlawfully obtained from any such
vessel, wilfully lets fall or throws into the waters aforesald, or ill
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) casts or deposits any dead body, rubbish, or ofiler sub-
stance into the waters of the Colony without the written permission
of the Harbour Master; or neglects within a reasonable time to
remove any surthen vessel or other obstriction in the said waters
belonging to him or in his charge or keeping; or
(d) not being in His Majesty's service, and not being duly
authorised by law for the purpose, goes on board any ship within
the waters of the Colcny, without the permission of the master or
officer in charge of such ship; or
(e) not being in His Majesty's service, makes fast to or causes to
be made fast to a ship, under way within the waters of the Colony
any boat or other vessel, without the permission of the master or
officer in charge of such ship ; or
(f) being in charge of any boat plying for hire receives or lands
passengers after 8 p.m. and before 5 a.m., except at such wharf as
may be specified by regulatJons which the Gvernor-in-Council is
hereby empowered to make, or except at any private wharf with the
consent of the owner thereof ; or
of 1911,
alnelided lw No. 5 of 1'o,~), No. 16 of EM '
'No. 48 of ~9 I], No. ,-)0 of 15) 1], No. 51 ,1 1 1], 1912,
No. 17 of P112 wid 22of 1912.
(g) hires any vessel and refuses or neglects on demand by the
person in charge thereof to pay the lawful fare,
such person shall be liable to a fine not exceeding 50 dollars, or to
imprisonment for any term not exceeding 2 months.
Any constable may take into custody any person offending against
paragraph (b) of this sub-section, and way seize and detain any boat
in which such person is found or out of which any article 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
tip forthwith to any constable any person offending against para-
graph (d) of this sub-section.
(2) In the following eases,-
(a) if any launch, junk, or other vessel shall be found alongside
any public wharf or landing place (not being engaged in taking on
board or landing passengers or cargo) or alongside any vessel,
private wharf, or landing place (unless with the permission of the
master or owner thereof), or lying off any vessel, wharf, or landing
place, public or private, so as to obstruct the free access of other
vessels thereto; or
(b) if any lighter, junk, or boat is moored or at anchor at a dis-
tance of less thari 100 yards from low water mark of such part of
the Colony as way be declared by regulation to be made by the
Governor-in-Council, between 9 p.m. and 5 a.m. : Provided that
nothing herein Contained shall be construed 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 owner, or other porson in charge thereof shall be liable
to a fine not exceeding 50 dollars, or to imprisonment for any term
not exceeding 2 months.
(3) Except as is provided by section 25 (3), or except in cases of
ships of war, or ships carrying rnails in respect of the mail signal
gun, 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 by
regulations prescribe, from any ship, junk, or boat, under a penalty
not exceeding 200 dollars.
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
*As amended bv No, 17 of 1912.
notice, any obstruction, whether floating, submerged, or sunk, in
the water of the Colony, caused by such Peron or belonging to
him or in his charge or keeping; and if such poison fails to remove
the obstruction within the specified time, the Harbour Master shall
cause it to be removed, 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, may
be sold to defray the expense of such removal.
Moorings and Buoys.
28.-(1) It shall before the Harbour Master to place in the
water of 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 prescribed by the Governor-in-Council
under sub-section (5) of this section. Such moorings and buoys
shall be of such natnre and construction as the Harbour Master may
(3) No person shall moor or anchor hulks or vessels of like des-
cription within the waters of the Colony except with the sanction
of' the Harbour Master, and except on such conditions and subject
to the payment of such fees as the Governor-in-Council may
direct.
(4) Moorings and buoys sanctioned by the Habour 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 sueh person or by the direction
of the Harbour Master : and the master or any ship using any such
moorings and buoys without such conserit or direction shall be liable
to a penalty of 20 dollars for every day or part or a day during which
be so uses such moorings and buoys, after be has been requested to
remove therefrom.
(5) The Governor-in -Council shall have power to make rules re-
gulating the terms, conditions, and fees for any of the purposes
mentioned in this section.
* As, h.vN,,. 10, ,r IM2 und No. 17 of 1912.
Fishing Stations, Fishing Stakes, Fishing Stake-Nets, and
Fishing generally.
29.-(1) It shall be lawful for the Governor-in-Council to make
rules for the registration, licensing, erection, maintenance, manage-
ment, working, and control of fishing stations, fishing stakes, and
fishing stake-nets (all of which are in this section included in the
word ' stakes -) in the waters of the Colony, prescribing the places
where the same may be erected, the distances to be observed from
the shore and from 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 clean-
ing of such stakes, and otherwise generally for all purposes,
whether ejusdem gencris with the above, purposes or not, connected
with stakes.
(2) Any stakes established, renewed, altered, or repaired contrary
to the provisions of suell rules may be removed by the Har-
bour Master; and the owner or occupier thereof in addition to any
other penalty to which he is liable under this section, shall be
bound, if required to do so by the Harbour Master, to pay the ex-
penses of such removal, and such expenses may 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 Governort-in-Council by rules to de-
termine the fees to be charged for licences for stakes according to
their extent, situation, and methods.
(4) It shall also 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) Any 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 fine not execeding 50 dollars for every offence.
Powers 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 Harbour Master, to enter at all times,
As amended by No. 16 of 1912 and No. 17 of 1912.
+ As amended by No. 5 of 1905, 1NO. 80 of 1911, No. 51 of 1911,
No. 16 of 1912 and -No. 17 of 1912.
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 or having the status of a ship of war) in the waters of the
Colony, and into every part thereof, for the purpose of inspection,
and of directing the conduct of any officer of police 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 misdemeanor has been or is about to
be committed in the waters of the Colony, to enter at all times, as
well by night as by day, into and upon any ship, boat, junk, or other
vessel (not being or 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 property sus-
pected of having been stolen or unlawfully obtained : Provided
always that the powers conferred by this sub-section may in respect
to steamships under 60 tons and to Junks be exercised by any
European police officer of whatever rank.
(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 er
person in charge who refuses or wilfully neglects to comply with
such requirement shall be liable to a fine not exceeding 200 dollars.
PART VII.
LIGHTHOUSES, Buoys, AND BEACONS.
(1) In 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 ships:
* As amended by No. 50 of 1911, No. 16 of 1912 and No. 21 of 1912.
'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 beaeons for the
ance of ships, and to lay, erect, and inaintain Such cables, wires,
and other necessary apparatus for the purpose of telegraphic
or other communication in connexion therewith or for any other
purpose as the Governor-in-Council may think necessary.
(3) It shall be lawful for the Governor with the assent of
the Legislative Council, to raise by way of public loan, on the
security of the general reverines, such sums of money as may
be necessary for the purposes aforesaid, and every loan so raised
shall be a charge upon the said revenues.
(4) It shall be lawful for the Governor, in the meanwhile, with
such assent as aforesaid, to order the payment, by way of temporary
advance, out of the Treasury, of such sums of money arising from
the gerenal revennes as may be required for the purposes aforesaid:
Provided always that all sums of money so advanced shall be
repaid into the Treasury out of the sums which may be, raised by
way of loan under the provisions hereinbefore contained.
Light and other Dues.
31-(1) The owner, agent, or master of every ship which enters
the waters of the Colony shall pay such dnes as may be fixed by
order of the Governor, pursuant to resolution of the Legislative
Council, to such ofeleer as the Governor may appoint to colleet, the
same. All British and foreign ships of war and in vessels of less
than 20 tons shall be exempt from the payment of the said dues.
(2) It shall be lawful for the Governor-in-Council,-
(a) to fix the times, places, and modes at and in which the dues
shall be payable;
(b) to exempt any ships or classes of ships frorn such payment,
and to annex any torms or conditions to such exemptions; and
(c) to substitute any other dues or classes of dues, whether by
way of annual or otherwise, in respect of any ships or
classes of ships.
(3) Tables of all dues, and a copy of regulations in respect
thereof, shall be posted up at the Harbour Master's office.
As amended by No. 30 of 1911, No. 50 of 1911, N(. 16 ot 1912,
No. 17 of 1912 and No. 21 of 1912.
(4) A receipt for the said dues shall be given by the person ap-
pointed to collect the same to every person paying in the same, and
the Harbour Master shall not grant a clearance to any ship unless
such receipt is produced to him.
(5) If the owner, agent, or master of any ship falls, on demand
of the anthorised 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 thim,s of or belonging to or on
board stich ship, and to detain such distress until the said dues are
paid; and if payment of the same is not made within the 3 days
next ensuing such distress, the collector may, at any time during
the continuance of such non-payment, cause the distress to be
appraised by two sufficient persons, and thereupon sell the same,
and apply the proceeds in payment of the dues unpaid together
with reasonable expenses incurred by him under this section,
paying the surplus, 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 authorised collector may require the
owner or master to produce the register of such ship for his in-
spection, and, on the refusal or neglect of siich owner or master to
produce such register or to satisfy the collector as to what is the
true burden of the ship, it shall be lawful for him to cause such sbip
to be measured, at the expense of the owner or master thereof,
which 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 way 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 leaving unpaid
the dues required to be paid under this section ; or
(b) refuses to have his ship measured to ascertain her burden in
tons; or
(c) obstructs any person in the duties of his office,
shall be liable to a fine not exceeding 200 dollars.
Damage to Lights, Buoys, and Beacons, Cables, etc.
33.-(1) Any person who wilfully or negligently commits any of
the following offences
As amended by No. 50 of 1911, No. 16 of 1912 and No. 17 of 1912.
(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,
shall, in addition to the expenses of making good any damage so
occasioned, be liable to a fine, not exceeding 250 dollars.
(2) The Governor-in-Council way make regulations for the pro-
tection of 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 sections 31 to 33, in
respect of lighthouses, buoys, beacons, cables, wires, or other
apparatus in connexion therewith, and dues, shall equally apply to
the lighthouse upon the island commonly known as the Gap Rock,
and any cables, wires, and other apparatus for the purpose of tele-
graphic or other communication in connexion therewith.
Prevention of False Lights.
35.-(1) Wherever 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
procceding from a lighthouse, it shall be lawful for the Harbour
Master to serve a notice on the owner of the place where the fire
or fight is burnt or exhilbuted 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 extinguishing or effectually screening
such existing fire or light, and for preventing for the future any
similar fire or light ; and any owner or person who disobeys such
notice shall be deenied guilty of a common nuisance, and, in addi-
tion to any other penalties or liabities of any kind thereby incurred,
shall be liable to a fine not exceeding 500 dollars, or to imprisonment
for any term not exceeding 6 months.
* As aniended by No. 16 of 1912 and No. 17 of 1912).
+ As tbiiiuii(lud by Nu. 31) of 1911 aud No. 17 of W12,
(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
Alaster, by his servants or workmen, to enter into the phice 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 aforesald.
PART VIII.
IMPORTATTON 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 be termed 'The Government
Gunpowder Depot,' and shall be, under the control and
ment of the Harbour Master, subject to such orders as may be
received from the Governor; and such vessels or buildings shall be
fitted and manned in such manner as the Harbour Master, with the
approval of the Governor, may deern expedient.
(3) It shall not be lawful for the inaster of any vessel to anchor
within 500 yards of any Government Gunpowder Depot, except by
permission of the Harbour Master.
(4) The master, agent, or consignee of every vessel arriving in
the Colony, having on board thereof as cargo any quantity of gun-
powder or other exploaves, 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 stich 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 her cargo of explosives has been discharged or for the
purpose of going to sea.
Aq ainended by No. 30 of 1911, No. 51 of 1911, No. 16 of 1912 and
No. 17 or 1912.
(6) The master of every vessel having on board as cargo gun-
powder or other explosives, and whilst engaged in the transshipment
of the same, shall exhibit a red flag at the highest masthead.
(7) It Shall not be lawful for the master of any vessel having on
board as cargo gunpowder or other explosives to anchor such vessel
within 500 yards of any other vessel, except by permission of the
Harbour Master.
(8) The master of every vessel about to take on board as cargo
any quantity of gunpowder or other explosives shall give notice to
the Harbour Master, and shall take the said vessel into the Gun-
powder Anchorage or into such other anchorage as the Harbour
Master may deem expedient, and shall not remove therefrorn,
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 otber explosives shall be shipped, landed, or
transshipped, within the waters of the Colony, between 6 p.m. and
6 from October to March inclusive, or between 7 p.m. and 5
a.m. from April to September inclusive, except with the permission
in writing of the Harbour Master.
(10) It shall not be lawful 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 or his private use only, and not for sale, any
quantity of gunpowder not exceeding 20 pounds and any number
OF sarety cartridges not execeding 5,000.
(11) Where any Stipendiary Magistrate has reasonable grounds
lor believing that any gunpowder or other explosive is kept on board
any Vessel, or in any or 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 into the
premises and search the same.
(12) The Governor-in-Council is hereby empowered to make re-
gulations for the proper carrying out of the provisions of this section,
and for the movement, carriage, landing, shipment, and tranship-
ment of explosives, and the precautions to be taken in connexion
therewith, and to fix the sums chargeable for the storage of gun-
powder, safety cartridges, or other explosives. Every violation or
neglect of any such regulations shall render the party so offending
liable to the penalties imposed by sub-section (14).
(13) The sums charged in respect of the storage of such gun-
powder or other explosives be paid monthly by the party in
wbose 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 bc sold in order to defray the
expense of storage, and the proceeds thereof, after deducting all
Government charges and theof sale, shall be paid to the
party who proves himself entitled thereto to the satisfaction of the
Governor.
(14) Every person who violates, or fails to comply with,
any provisions of this section shall be liable to a fine not exceeding
300 dollars, or to imprisonment, without hard labour, for any term
not exceeding 6 months.
(15) Nothing in this section shall be deemed to affeet the provi-
sions of llie Dangerous Goods Ordinance, 1873.
(16) Nothing in this section shall apply to His Majesty's ships of
war, or to the ships of war of any foreign nation, or to hired armed
vessel in His Majesty's service, or in the service of any foreign
nation, or to any Government stores.
(17) The expression 'Gunpowder Anchorage' means the anchor-
age on the south side of Stoneentters 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 to, from, or between any places in the waters
of the Colony, unless she has obtained a licence as hereinafter pro-
vided; 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 fine not exceeding 500 dollars: Provided that if
such steamship has obtained a certificate of imperial or colonial
registry under the provisions of the Merchant Shipping Acts 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 Harbour Master to grant to the
owner of any steamship not exceeding 60 tons a licence, authorising
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 regulations under this section: Provided that no such licence
shall be granted unless the intended licensee enters Into it bond,
twether with one or more sureties resident in the Colony and to be
approved of by the Harbour Master, conditioned in arty sum not
exceeding 1,500 dollars for the observance, of tbe conditions of such
(3) The Governor-in-Council may make regulations for carrying out the
provisions of this section.
(4) Tf any unlicensed 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 fine not exveeding 250
dollars.
(5) 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
under this section, the master thereof shall be liable to a fine not
exceeding 100 dollars.
(6) If any steamship not exceeding 69 tons, whether licensed
under this section or not, is under way, whether plying for hire or
not, without a master and engineer, each holding either a certificate
of qualification recognised by the Board of Trade or a certificate of
competency from the Harbour Master as provided by regulations
made under sub-section (3), the owner or master thereof shall be
liable to a fine not exveeding 100 dollars, or to imprisonment for any
term not exveeding 3 months: Provided always that the Harbour
Master may in his discretion issue the permits provided for in Table
E in the case of motor boats.
(7) If any person places an undue weight or pressure on
the safety valve of any steamship not exceeding 60 tons, he shall
be liable to a fine not exceeding 100 dollars, or to imprisonment for
any term not exceeding 3 months.
(8) Every steamship not exceeding 60 tons, whether licensed or
not, shall, when under way in the waters of the Colony between
sunset and sunrise, exhibit, 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 feet, and, if
the breadth of the ship exceeds 6 feet, then at a height above the
deck not less than such breadth , so, however, that the light need
not be carried at a greater height above the deck than 1O feet. These
lights shall be constructed, fixed, and fitted as prescribed by
the International Collision Regulations. Every such steamship
shall, when at anchor, between sunset and sunrise, carry forward,
at a height not exceeding 20 feet 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.
(9) The licence granted by the Harbour Master to any steamship
under this section may be cancelled by him if at any time the Gov-
ernment Marine Surveyor reports to him that 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) becoming invalid.
It shall also be lawful for the Goernor-in-Council at any time, for
any cause which he may think fit, to snspend, for such
time as he may think fit, or to cancel, the licence granted by the
Harbour Master to any steamship under this section, and the Har-
hour Master shall inform the owner of such streamship accordingly.
The owner of any such streamship who refuses or neglects to give
up the licence of the said ship, after having been informed by the
Harbour Master that the same has been suspended or cancelled,
shall be liable to a fine not exceeding 100 dollars. 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.
(10) The master of every steamship not exceeding 60 tons 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 furnish the following particulars which
shall be entered in a register to be kept for the purpose:-
(a) the name and capacity of the ship ;
(b) the name, address, and description of the owner and 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 and the number of the crew ; and
(c) the place from which the ship sailed on her voyage to
the Colony, and the date of her departure from such place and of
her arrival in the Colony.
(11) On compliance with the provisions of the last sub-section,
the master of every such ship shall receive an 'anchorage pass,'
and shall forthwith pay a fee of 25 cents for the same, and, in default
of payment thereof, shall be liable to a fine not exceeding 10 dollars.
(12) No steamship not exceeding 60 tons shall leave any port
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 when
such necessity has ceased.
(13) No such steamship shall leave any port between 6 p.m. and
6 a.m. from October to March inclusive, or between 7 p.m. and 5
a.m. from April to September inclusive, without a special permit
or a special clearance, to be called a 'night clearance,' for which
a fee of 1 dollar shall be paid.
(14) the master of every such streamship about to leave any port
shall give notice to the Harbour Master of such intended departure
and of the nature of the proposed voyage, together with the general
character of the cargo, and, if there is no reasonable objection, he
will thereupon be furnished with a clearance and shall pay a fee
of 25 cents for the same: Provided always, that in case such steam-
ship 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, return the said clearance.
(15) the Harbour master may, on payment of a fee of 25 cents,
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.
(16) Every master of a streamship not exceeding 60 tons who,-
(a) refuses or fails to comply with any of the provisions of sub-
sections (10) to (14); or
(b) Knowingly gives untrue particulars concerning the informa-
tion which he is thereby required to furnish,
shall be liable to a fine not exceeding 200 dollars, or to imprison-
ment for any term not exceeding 3 months.
(17) Every person who uses any licence, clearance, permit, or
other document granted under the provisions of this section in
respect of any streamship other than the one therein mentioned, shall
be liable to a fine not exceeding 200 dollar, or to imprisonment for
any term not exceeding 3 months.
(18) Every master or other person in charge of any streamship not
exceeding 60 tons who, within the waters of the Colony, disobeys
any lawful order of the Harbour Master shall be liable to a fine not
exceeding 100 dollars.
(19) Every person who offends against the provisions of this
section, or against any of the regulations under this section, shall,
where no penalty is specified, be liable to a fine not exceeding 50
dollars, or to imprisonment for any term not exceeding one month.
(20) Sub-sections (10) to (14), and (16), shall not apply in the
case of any streamship not exceeding 60 tons on occasions when it
is being used solely for purposes of pleasure.
(21) The owner of every streamship not exceeding 60 tons and of
every motor boat not licensed under this section, but being in the
waters of the Colony, shall cause the boilers of such streamship or
the machinery of such moter boat to be surveyed before use, and
thenceforth to be surveyed annually by the Government Marine
Surveyor, the Assiatant Marine Surveyor, or some person authorised
in that behalf by the Goernor, and the requirements of such sur-
veyor 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.
(22) The owner, master, or person in charge of any such un-
licensed streamship or motor boat who uses the same before obtaining
such certificate of survey shall be liable to a fine not exceeding 250
dollars.
(23) The owner of any such streamship or motor boat shall pay
into the Treasury a fee of 10 dollars for each survey and certificate
thereof made and given by the Government Marine Surveyor or the
Assistant Marine Surveyor.
(24) The provisions of this section shall not apply to stream-
launches or motor boats belonging to His Majesty or to any foreign
Government. Such launches and boats, however, when within the
waters of the Colony, shall comply with the International Collision
Regulations.
River steamers.
38.(1) It shall be lawful for the Harbour Master to grant a
special licence to any river steamer, specifying the number of
subject to such conditions as the Governor-in-Council may direct by
regulations.
(22) Such special licence shall continue in force during the period
in which the river steamer holding the same is regularly employed
in such capacity; but such licence may be revoked by the Harbour
Master on receiving a declaration in writing from any Government
Surveyor that the steamer has become unfit to carry the number of
passengers authorised by such licence, or on such river steamer
either 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 authorised by the special licence shall be liable to a fine not
exceeding 250 dollars, aud, in addition, to a fine not exceeding 5
dollars for every passenger on board in excess of the number
authorised by the special licence.
PART X.
JUNKS AND OTHER CHINESE VESSELS.
39.-(1) All trading-junks, fishing-junks, lighters, cargo-boats,
fish-drying hulks as well as any other hulks, and all small boats
other than pleasure boats (all of which, as well as all boats included
in the definition of 'junk' in section 2, are for the pruposes of
this section described by and referred to in the term 'vessel'
unless they are specifically referred to) within the waters of the
Colony, shall be licensed in the classes and in the forms, and shall
pay the fees for such licences, prescribed in Tables T and U in the
schedule, or such other classes, forms, and fees as the Governor-in-
Council may substitute therefor respectively.
(2) (a) The term 'master' shall include any person for the time
being in charge or command of any vessel.
(b) Branch stations of the Harbour Master's office shall be main-
tained at such places as the Governor may determine, which shall
be under the superintendence and control of the Harbour Master,
and shall be called 'Harbour Master's Stations.'
(c) The Harbour Master shall, with the approval of the Governor,
by regulation appoint suitable anchorages in the waters of the
Colony to be called 'Anchorages for Junks.''
The limits of such anchorages shall be as indicated in Table S of
the schedule, but may be altered by the Harbour Master, with the
approval of the Governor.
(3) Every master of a vessel who falls to take out a licence as
required by this section shall be liable to a fine not exceeding 100
dollars, or to imprisonment for any terin not exceeding 3 months.
(4) No vessel shall be licensed in more than one class without the
permission in writing of the Harbour Master with the approval of
the Governor.
(5) Trading junk licences shall be issued by the Harbour Master
upon payinent of the prescribed fee for such periods and subject to
such conditions as the Harbour Master, with the approval of the
Governor, may deteritime. Such conditions shall be endorsed on
or contained in such licence, and when such junk has obtained a
trading licence the master thereof shall cause the number of such
licence to be painted in figures, which shall not at any time be
concealed, 20 inches in length in such colours as the Harbour Master
shall direct, on each bow and on the stern, and also branded on the
hull in figures 2 inches in length. Every person guilty of a breach
of any such conditions or of the provisions of this sub-section shall
be liable to a line not excueding 200 dollars, in addition to any other
penalty he may thereby incur.
(6) Fishing junk licences shall be issued by the Harbout Master
upon payinent of the prescribed fee for such periods and subject to
such conditions as the Harbour Master, with the approval of the
Governor, may deternime. Such conditions shall be endorsed on or
contained lit such licence, and the master shall cause the number of
such licence to be painted in figures, which shall not at any time be
concealed, 20 inches ill length in such colours ,is the Harbour Master
shall direct, on each bow and on the stern, and on or about the
centre of the niain sail in black figures not less than 24 inches in
length, and branded on the hull in figures 2 inches in length. Every
person guilty of a broach of any such conditions or of the provisions
of this sub-section shall be liable to a fine not exceeding 100 dollars,
in addition to any other penalty he may thereby incur.
(7) Lighters, cargo-boats, fish-drying hulks and other hulks,
sampans, and all Shall boats, other than pleasure boats, shall be
licensed by the Harbour Master upon the payment of the prescribed
fees for such periods and subject to such conditions as the Harbour
Master, with the approval of the Governor, may determine, which
conditions shall be endorsed on or contained in such licence, and
the master thereof shall cause the number of such licence to be
painted in figures, which shall not at any time be concealed, of such
size and in such colours and in such position as the Harbour Master
shall direct. Every person guilty of a breach of any such conditions
or of the provisions of this sub-section shall be liable to a fine not
exceeding 100 dollars, in addition to any other penalty he may
thereby incur.
(8) It shall be lawful for the Governor-in-Council to make
regulations---
(a) for the licensing, registration, due management, control, and
regulation, within the waters of the Colony, of all vessels, and for
fixing the scale of fees for such licences ;
(b) for fixing the scale of fares to be, charged in respect of cargo-
boats, lighters, and all small boats other than pleasure boats;
(c) for the regulation and management of all boats, sampans, or
other vessels used as dwellirig places within the waters of the Colony
and not plying for hire;
(d) for the registration or licensing of such last-mentioned vessels
and of the people dwelling in the same; and
(e) for providing adequate means for preventing by force when
necessary any junk leaving the waters of the Colony or any port in
violation of this section;
Provided that until other regulations are made those contained in
Table U of the schedule shall apply.
(9) In case any greater number oF persons or passengers, shall be
tahen or carried in any vessel within the waters of the Colony than
is respectively allowed to be therein by the aforesaid regula-
tions, and any person or passenger is drowned in consequence
thereof, every person who is in charge of such vessel shall be guilty
of a misdemeanor, and may be punished therefor, witbout prejudice
to any civil remedy, and in addition to any penalty provided for
under the aforesaid regulations.
(10) The master of every junk shall immediately on arrival in
the waters of the Colony, roport such arrival at the Harbour
Master's office or at the nearest Harbour Master's station, or, if the
said office or station is closed, as soon as possible after it is again
opened for business, and shall deposit the licence and furnish the
following particulars which shall bc entered in a register to be kept
for the purpose -
(a) the name and capacity of the Junk (in piculs)
(b) the name, address and description of the owner and of the
master;
(c) the name and address of every consignee or agent, if any, of
the Junk and cargo in the Colony
(d) the description of the carpo on board and the number of crew
and passengers;
(e) the place from which the junk sailed on her vovage to the
Colony and the date of departure from such phace and of her arrival
in the Colony;
(f) whether carrying any and what guns, arms, or ammunition.
(11) The master of any junk about to leave her anchorage at any
port shall 18 hours before the time of the interided floist
at the highest mast head such flag or signal as shall be specified
by the Harbour Master, and shall also give notice of such intending
departure, the nature of the proposed voyage together with the
general character of cargo, and particulars of any arms, ammumni-
tion, and other articles on board, at the Harbour Master's office or
station, as the case may be, at which the licence of such junk has
been deposited, and he will thereupon if there is no reasonable
objection have the licence returned to him : Provided always, that
in case such junk shall not Icave her anchorage within 24 hours
thereafter, the master shall report the same at the Harbour Mas-
ter's office or station, as the case may be, and the reason thereof
and shall if so required re-deposit the said licence.
(12) The Harbour Master or the officer in charge of any Harbour
station may, upon payment of the fee prescribed in Table T
in the schedule, grant to the master of any licensed vessel a
special permit', valid for one voyage only, for the doing of any
act mentioned in such permit. Such special permit may authorise
a trading junk licensed to trade only within the waters of the
Colony to leave the waters of the Colony for one voyage only.
The special permits shall be in the form of entry in the junk's pass
book as shown in Table T of the schedule.
(13) No vessel shall leave any port in the Colony without
a clearance or unless the sarety of the vessel (through
stress of weather) shall render it necessary, and in such case she
shall return to her former anchorage or place in port when such
necessity shall have ceased.
(14) No junk shall leave her anchorage or attempt to leave any
port between 6 p.m. and 6 a.m. from October to March inclusive,
nor between 7 p.m. and 5 a.m. from April to September inclusive,
except in the case of a licensed fishing junk which has obtained a
special permit from the Harbour Master.
(15) No licence, special permit, or receipt shall be used in
respect of any vessel other than the vessel therein specified, or for
any purpose or for any period of time other than as therein men-
tioned, and any master of a vessel who shall knowingly use or
attempt to use any licence or special permit which shall not have
been lawfully obtained, shall be liable to a fine not exceeding 300
dollars, or imprisonment for any term not exceeding 12 months:
and every vessel in respect of which a licence or special permit has
been used or attemptedted to be used in violation of this sub-section
may, either with or without the cargo thereof, and whether the mas-
ter has been brought to trial or not, it tbe discretion of the Court,
be forfeited.
(16) It shall be lawful for the Mirbour Master to grant to any
vessel other than a junk a licence, in like manner and in accordance
with the provisions of sub-section (5), when it appears to him that
such vessel is to be employed in the same or a similar manner as a
junk, and such vessel shall, so long as the said licence is in force,
be considered for all plirposms of this Ordinance to a junk. For
any such licence the same fee shall be paid as for a junk.
(17) It shall be lawful for the Harbour Master to order vessels
to anchor or secure in such place as lie may direct, or to prohibit
their anchoring or securing in any particular place, or to order thein
to remove to any other place.
(18) It shall, be lawful for the Harbour Master to give such
orders to all vessels, for the proper discipline of the harbour and for
the prevention of disorder or confusion, or otherwise as he may
think fit.
(19) Every rnaster of any vessel who shall, when within the
waters of the Colony, disobey any lawful orders of the Harbour
Master, shall be liable to a fine not exceeding 100 dollars.
(20) Every master of a Junk who brings into the Colony
any person who, in the opinion of the Magistrate before whom the
charge) is tried, has come to the Colony for the purpose of men-
dicancy, or any person sulfering from leprosy or any infectious or
contagious disease, or who removes any such person from one part
of the Colony to another, shall be liable to a fine not exceeding 10
dollars 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 of police or any revenue
officer, at any time to stop and board any vessel within the waters
of the Colony and demand the reduction of any licence or special
permit, and in case by reason of the non-production of any of such
documents, or for any other reason, there shall be ground to believe
or suspect that any provision of the law has been violated by the
master of such vessel, or in case the document produced shall appear
from the date thereof, or from any other cause, to have been unlaw-
fully obtained, or to be unlawfully used, to arrest, such vessel and
her cargo (if any) and the master, and deliver them into the custody
of the police.
(22) Every vessel, the master of which is charged with having
violated the provision of this section, may be forthwith arrested and
detained, unless bail to the satislaction of a Magistrate is given,
until he shall either have been acqtitted or, if found guilty, shall
have paid the fine inflicted upon him, and in case he shall fail to
pay, within 10 days, any fine inflicted upon him, the same may be
recovered by the sale of such vessel and the balance, if any, of the
net proceed thereo, after therefrom the expenses of such
sale and the amount of such fine, shall be paid to the owner of the
vessel if claimed within 12 months from the date of the sale, and if
not claimed within that period, shall be forfeited: Provided that iu
case it shall be brought to the knowledge of the Magistrat that
there is in the Colony any consignee or agent of such vessel no sale
thereof shall be inade until 3 days' notice shall have been given to
him in writing.
(23) Every vessel forfeited or sold under this section shall be
transferred to the purchaser thereof, at his expense, by a bill of sale
froin the Harbour Master, which shall confer upon such purchaser,
his executors, administrators, and assigns an absolute title to such
vessel.
(24) No vessel or cargo liable to forfeiture under this section,
shall be so forieited unless the offence in respect of which it is liable
to forfeiture, shall be tried by two Magistrates who shall have
power, in their discretion, to extend the period allowed for an appeal
from their decision to the Supreme Court, either before or after the
expiration thereof.
(25) Every niaster of a junk who refuses or falls to comply with
the provisiolls of sub-Section (10) or (11), or who knowingly gives
untrue particulars concerning the information which he is thereby
required to furnish, shall be liable to a fine not exceediny 200
dollars, or to imprisonment for any term not exceeding 6 months.
(26) Every master of a vessel violating the provisions of sub-
section (13) or (14) shall be liable to a fine not exceeding 200
dollars, or to Imprisonment for any term not exceeding 6 months,
and, further, such vessel and her cargo may, in the discretion of the
Mauistrates be, forfeited. It shall be lawful for any officer of police
or of the Harbour Department or for any revenue officer to arrest
within the waters of the Colony any Junk or other Chinese vessel
leaving or attempting to leave her anchorage, or which he has good
reason to believe had left her anchorage or any port between the
hours aforesaid.
(27) If in any action brought in respect of a collision occurring
between sunset and sunrise, in or outside the waters of the Colony,
between a Junk and any other vessel whatsoever, it is proved that
such junk did not carry either the lights prescribed for sailing vessels
by the International Collision Regulations, or the lights prescribed
for junks by sub-section (1) or (2) respectively of section 23, then
such junk shall be deemed to be in fault, unless it is shown to the
satisfaction of the Court that the circumstances of the case made
the omission to carry such lights necessary.
Provided tbat the word 'vessel' in this sub-section shall not
be limited by the definition of 'vessel ' in sub-section (1).
[s. 40, rep. 'No. 48 of 1911.]
PART XI
GENERAL PROVISIONS.
Prosecution of Offences and Procedure.
41-(1) Such of the provisions of the Merchant Shipping Acts
which apply to the Colony and are inconsistent with the provisions
of this Ordinance are hereby repealed so far as they relate to ships
reuistered in this Colony; but in all other respects the provisions
of the Merchant Shipping Acts, so far as they are not inconsistent
with the provisions of this Ordinance, shall be in force in this
Colony, and in particular such as relate to rights to wages and
remedies for Ihe recovery leaving seamen abroad to the the
provisions, health, and accommodation of seamen, to the power of
seamen to make complaints, to the protection of seamen from im-
position, to discipline, to official logs, and to crimes committed
abroad shall apply, mutatis mutandis and so far as the same can be
extended, to all ships registered in this Colony, when such ships
are within the waters of the Colony, and to the owners, masters,
and crews of such ships.
(2)-(a) Every offence declared by the Merchant Shipping Acts
or by this Ordinance to be a misdemeanor may, if tried in this
Colony, be tried by the Supreme Court in the same manner as other
misdemcanors are tried, and may also, unless otherwise expressly
provided, instead of being prosecuted before the Supreine Court, be
prosecuted summarily in accordance with the procedure established
by the, Magistrates Ordinance, 1890, but, if so prosecuted, shall be
punishable by the Stipendiary Magistrate only with imprisonment
for a term not exceeding 6 months or with a fine not exceeding 1,000
dollars.
(b) Every offence made punishable by the Merchant Shipping
Acts, by imprisonment, with or without hard a bour, for a term not
exceeding 6 months or by, a fine not exceeding L100 may be pro-
As amended by No. 2 of 1903, No. 9 of 1909, No. 6 of 1910,
No. 30 of 1911, No. 16 of 1912, 2NO. 17 of 19i2, No. 21 of 1912
and No. 43 of 1912 Supp. belied.
secuted surnmarily before any Stipendiary Magistrate, and may be
punished by imprisonment for a term not exceeding 6 months, or
by a fine not exceeding 1,000 dollars.
(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, except when otherwise
provided, may be heard and determined by any Stipendiary Magis-
trate, and all penalties and forfeitures iniposed and declared by and
expenses recoverable under this Ordinance, except when otherwise
provided, may be recovered and enforced iii a summary manner;
and the Marine Magistrate shall, in relation to all such offences,
penalties, imprisonment for delault, forfeitures, and expenses, have
the like powers and authority as are given to a Magistrate under
the Magistrates 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 therein the
same shall be punishable by a fine not exceeding 200 dollars.
(5) (i) Where, for the purposes of this Ordinance, any document
is to be served on any person, that ducument 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 thab ship with the person being or appearing to be
in command or charge of the ship; and,
(c) if the docurnent is to be served on the master of 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 such 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.
(11) Every person who obstructs the service of any document on
the master of a ship shall be liable to a fine not exceeding 100
dollars, and if the owner, arfent, or master of the ship is a party or
privy to such obstruction, he shall be guilty of a misdemeanor,
(6) Where under this Ordinaiice 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 con-
ditions, 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 authorised or ordered to
be detained, if the ship, after such detention or after service on the
master of any notice of or order for sueb detention, 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 agent, and
any person who sends the ship to sea, if sLich owner, agent, or per-
son is party or privy to the offence, shall be liable to a fine not
exceeding 500 dollars.
(8) Where a ship so proceeding to sea, takes to sea, when on board
thereof in the execution of his duty, any officer authorised to detain
the ship or any surveyow of officer appointed by the Governor, the
owner and Master of the ship 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 fine not exceeding 500 dollars, or, if the
offence is not prosecute summarily, not exceeding 50 dollars for
every day until the officer or surveyor returns, or until such time as
would enable hini, after leaving the ship, to return to the port from
which he was taken, and such expenses may be recovered in like
manner as the penalty.
(9) Any exception, exemption, proviso, excitse, or qnalification in
relation to any offence under the Merchant Shipping Acts 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 de-
fendant, but need not be specified or negatived in any information
or complaint, and if so 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, shall be gulty, of felony, and shall be
liable to imprisonment for any term not exceeding 7 years.
42.-(1) In addition to the powers bereinbefore given, it shall be
lawful for the Governor-in-Council to make regulations for the,
better and more, effectual carrying out of the provisions of this
Ordinance.
(2) In any regulations or conditions made 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 regiflations, the penalty shall not exceed 200 dollars
or 6 months imprisonment, with or without hard labour,
Reniuneration, Fees and Costs.
43-(1) There may be paid ont of the 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 as this Ordinance directs or, in so far
as this Ordinance does not extend, as the Governor may direct.
(2) There may be paid out of the revenue all costs and compen-
sation payable by the Governor or the Government in pursuance of
this Ordinance.
(3) The fees prescribed by the Governor-in-Council 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 inay be recovered summarily before a Stipendiary
Magistrate.
Abstract 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 theof the Colony ; and if, before obtaining clear
ance, the master does not return such abstract to the Harbour
Master, he shall pay a fee of 1 dollar for the same.
Ships of War.
45. This Ordinance shall not, except where otherwise specially
provided, apply to His Majesty's ships of war or to the ships of war
* -~s by No. 50 of 1911, No. 16 of 1912 and '.,,'o. 17 ,f 1912.
No. 4'3 of 1912 Supp. Selled.
As ainended by ]~o. 2 of 1903 and No. 51 of 1911.
of any foreign nation nor shall it apply, except so far as regards
Parts V1, VII, X and XI, to pleasure yachts, nor to the owners,
masters, and crews thereof.
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 inaly presembe for the
purpose, of adaptation.
SCHEDULE.
Table A.
[s. 13.]
RULES RELATING To LIFE-SAVING APPLIANCES, &C.
For the purposes of these Rules, ships shall be arranged into the
following, classes:-
Class I- Sea-going ships having passenger certificates under section
10.
Class II- Sea-going ships not certified to carry passengers; and
Class Ill- River stearners under Section 38.
CLASS I.
Rules and Table for Sea-going Ships having Passenger Certificates
under
1. Ships of this class shall carry boats placed under davits fit and
for use and having proper appliances for getting them into the
water, in number and capacity 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.
2. 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 at the time of clearance that the boat actually plaerd
under davits are Sufficient to accommodate all persons on board allow-
ing 10 cubic feet of boat capacity for each adult person or 'statute
adult'.
As amended by G. N. 169 of 1908, No. -5o of 11)11, No. 16 of 1912,
No. 17 of 1912 and No. 43 of 1912 Supp. Sched.
Table for Class I
Table A.
Gross Tonnage.
Minimnni Number Total minimum
of Boats to be
placed mIder
Davits. Cubic contents of
Boats to be placed
under Davits.
L x B x D X .6
NOTE-When in ships already fitted the required cubic contents of
boats placed under davits are provided although by a smaller number
of boats than the minimun required by this Table, such ships shall
be regarded as complying with the rules as to boats to be carried under
davits.
3. Not less than half the number of boats placed under davits shall
be boats of section A or section B of rule 1 of the General Rules.
4. The remaining boats may also be of such description or may, at
the Option of tile shipowner (or master), conform to section C or
section D of the said rules provided that not more than 2 boats shall
be of section D.
5. If the boats placed under davits in accordance with the foregoing
Table do not furnish sufficient accommodation for all person on board
then additional wood, metal, collapsible, or other boats of approved
description (whether placed under davits or otherwise) or approved
life-rafts shall be carried. One of these boats may be a steam launch;
but in that case the space occupied by the engines and boiler is not
to be included in the estimated cubic capacity of the boat. Subject
to the provisions contained in No. 7 of these rules such additional boats
or rafts shall be of at least such carrying capacity that they and
the boats required to be placed untler davits by the said Table
provide together in the aggregate in vessels of 5,600 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 3 cubic feet of air-case in the
llfe-raft is to be estimitted as 10 cubic feet of internal capacity : Provided
always that the rafts will accommodate all the persons for which they
are to be certified under the rules, and also have 3 cubic feet of air-
case for each person. All such additional boats or rafts shall be placed
as conveniently for being available as the ship's arrangements admit
of, having regard to the, avoidance of undue incumbrance of the ship's
deck, and the safety of the ship for her voyage.
6. When ships are divided into efficient water-tight compartments,
so that with any two of them in free communication with the sea, the
ship will remain afloat in modurate weather, they shall only be
required to carry additional boats or life-rafts of one-half of the
capacity required by No. 5 of these rules.
7. In addition to the life-saving appliances before, mentioned ships of
this shall carry not less than one approved lift-buoy, (rule 10 (a)
or 10 (b) of the General Rules), for every boat placed under similar
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 moy 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 seal-going ships not Certified to carry passengers.
1. Ships of this class 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, or section B, and on the other side
shall be a boat of section A, or section 13, or section C of 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 have
proper appliances for getting the boats into the water.
2. They shall carry approved life-belts as required for ships of Class
I.
3. They shall carry not less than 6 approved life-buoys, (rule 10 (a)
and or 10 (b) of the General Rules).
CLASS III.
Rules for steatuships having special Licences its River steamers
Under section 38.
1. Ships of this class shall, according to their tonnage, carry boats
placed under davits as required by the Table for ships in Class I.
2. If the boats placed under davits in accordance with the above
requirements do not furnish sufficient accommodation for all persons
on board then additional boats or approved life-rafts shall be supplied
as for ships of Class I.
3. Provided that if (having regard to the avoidance of undue incum-
branee of the ship's deck alid to the safety of the ship for her voyage)
it is not practicable for a ship of this class to carry additional approvd
boats or approved life-rafts as required for ships of Class I, the
deficieney so caused may be made up by the supply of an equivalent
number of approved buoyant deck seats or other approved buoyant
deck fittings to the satisfaction of the Government Marine Surveyor.
1. At onc 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 6 approved life-buoys
be provided.
GENERAL RULES.
NOTE.- All boats shall be properly constnicted 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 of the Government
Marine Surveyor.
Section B- A boat of this section shall be a life-boat properly con-
structed of wood or, metal having, for every 10 cubic, feet of her
capacity comptited as in rule 2, at least one cubic foot of strong and
serviceable enelosed air-tight compartments, such that water cannot
find its way into them.
Section B- A boat of this section shall be a life-boat properly
constructed of wood or metal having inside and outside, buoyancy
apparatus, together equal efficieney to the buoyancy provided for a
boat of section A. At least one-half of the buoyancy apparatus must
be attached to the outside of the boat.
Section C- A boat of this section 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 efficiency
to one-half the buoyancy apparatus provided for a boat of section A
or section B. At least one-half the buoyancy apparatus must be
attached to the outside of the boat.
Section D- A boat of this section shall be a properly constructed
boat of wood or metal.
2.- Cubic capacity.
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 long, 8 feet 6 inches broad,
and 3 feet 6 inches deep will be regarded as having a capacity
of 28 x 8.5 x 3.5 x .6=499.8 or 500 cubic feet. If the oars are
pulled in rowlocks, the bottom of the rowlock is to be considered the
gunwalc of the boat for ascortaining her depth.
3.- Number of persons for Boats.
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 10. The number of persons a boat of sections 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 of the persons carried in it and for the proper use of the
oars.
4.- Appliances for lowering BOATS.
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 tacIdes and kept ready for ser-
vice, the davits are to be strong enough and so spaced that the boats
can be swung out with 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 of the davits; the boats' chocks
are to be such as can be expeditiously removed, the davits, falls,
blocks, eye-bolts, rings, and the whole of the tackling are to be of
sufficient strength; the boats' falls are to he long enough to lower the
boat into the water with safety when the vessel is light; the life-lines
fitted to the davits are to be long enough to reach the water when the
vessel is light; and hooks are not to be attached to the lower tackle
blocks.
5.- Equipment for Boats and for Life-rafts.
In order to be properly equipped each boat shall be provided as
follows :-
(a) with the full (single banked) complement of oars, and two spare
oars ;
(b) with two plugs for each plug hole attached with lanyards or
chains, and one set and a half of thole pins or crutches attached to the
boat by sound lanyards;
(c) with a sea anchor, a baler, a ruddur and tiller or yoke and yoke
lines, a painter of sufficient length, and a hoat book. The rudder and
baler to be kept attached to the boat by sufficiently long lanyards and
kept ready for use;
(d) with a vessel to be kept filled with fresh water; and
(e) life-rafts shall be fully provided with a suitable equipment.
6- Additional equipment for Boats of Sections A and B.
In order to be properly equipped each boat of sections A and B, in
addition to being provided with all the requisites laid down in the last
rule, shall be equipped as follows (but not more than 4 boats in any one
ship are required to have this outfit) :-
(a) with two hatchets or 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 disbributing it on the water in rough weather; and
(f) with a lantern trimmed, and whh oil in its receiver sufficient to
burn 8 hours.
7.- Number of Persons for Life-rafts.
The number of persons that any approved life-raft for use at sea shall
be deemed to be capable ofsliall 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 serviceable enclosed air-tight compart-
ments such that water cannot find its way into them. Any approved
life-raft of otlier construction may be used provided that it has
equivalent buoyancy to that hereinbefore described. Every such ap-
proved life-raft shall be marked in such a way as to plainly indicate
the number of adult persons it can carry.
8- Buoyant apparatus.
Approved buoyant apparatus shall be deemed sufficient for a number
of persons to be ascertained by dividing the number of pounds of iron
which it is capable of supporting in fresh water by 32. Such buoyant
apparatus shall not require to be inflated before use, shall be of ap-
proved construction, and marked in such a way as plainly to indicate
the number of persons for whom it is sufficient.
9.- Life-belts.
An approved life-belt shall mean a belt which does not require to be
inflated before use and which is capable of floafing in the water for at
least 24 hours with 15 lbs, of iron suspended from it.
10.- Life-buoys.
An approved life-buoy shall mean either:-
(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 Ibs. of iron suspended from it; or
(b) a strong life-buoy of any other approved pattern and material
provided that it is capable of floatin a in the water for at least 24 hours
with 32 lbs. of iron suspended from it, and provided also that it is not
stuffed with rushes, cork shavings, or loose granulated cork, or other
loose material, and does not require inflation before use.
11- Position of Life-belts and Life-buoys.
All life-belts and life-buoys shall be so place as to be readily acces-
sible to the persons on board and so that their position may be known
to those for whom they are intended.
Table B.
REGISTRY FEES
[s. 43 (3).]
Effecting an Imperial or Colonial P6.1lister ii'ld granting a eertificate
thereof :-
under 50 tons,...................................................... $ 10.00
50 to 100 tons,..................................................... 15.00
100 to 200 tons,.................................................... 20.00
for every additional 100 tons or fraction of 100,................... 5.00
copy from Register Book,............................................ 10.00
for every declaration made in any of the forms specified
in the second part of the 1st schedule to the
Merchant Shipping Act, 1894, or under section 3
of this Ordinance,.................................................. 4.00
Endorsing a memorandum of change of master upon
certificate of Imperial or Colonial Registry,....................... 2.00
Endorsing a memorandum of change of ownership
upon Cetificate of Imperial or colonial Registry,................... 4.00
Certificate of sale or mortgage,.................................... 4.00
Recording the mortgage of a ship, or shares in a ship,.............. 10.00
Recording the transfer of a mortgage of a ship, or
shares in a ship,................................................... 10.00
Recording the discharge of the mortgage of a ship, or
shares in a ship,................................................... 10.00
Endorsing or register a change in rig or tonnage,................... 4.00
Recording the sale of a ship or shares in a ship,................... 10.00
For every alteration in agreements with seamen, ...$ 2.00
For certifying a desertion,....................... 2.00
For attesting a seamen's will,..................... nil
For examining provisions or water (to be paid by the
party failing to support his case),............... 10.00
For renewing Colonial Register, under section 3 (14), 10.00
For inspection of Register Book ,.................. 2.00
Table C.
SURVEY FEES.
I-(a) Surveys of Steamships for Passenger Certificates.
Tons (Register). Fee.
100 and under ............................. 50
over 100 and not exceeding 300 ............. 70
over 300 and under 900 ,.................... 100
900 all under 1,200......................... 124
1,200 and udner 1,500,........................... 148
1,500 and under 1,800,........................... 172
1,800 and under 2,100,........................... 196
2,100 and under 2,400 . ............... 220
and $24 for every additional 300 tons,
(b) The above scale is for 12 months. For 6 months six-twelfths of
the fee will be charged, for 9 months nine-hwelfths, and so on, at the
rate of one-twelfth for each month; but no fee is to be less in amount
than three-twelfths. In all cases of new steamships, or of steamships
coming under survey for a Passenger Certificate for tile first time a
full 12 months fee must be paid, notwithstanding that a certificate for
12 months may not be required, and in no case of an incomplete
declaration will less than three-twelftlis 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 well as the inspection of the lights and
fog-signals, and of the marking 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 declara-
tion.
(d) The above fee. does not cover any service under the Chinese
Passengers Act, 1855, or the Chinese Emigration Ordinance, 1889, or
measurement for tonnage.
Asirneiided by G. N. 169 of 1008, No. 17 of 1912 aud No. 43 of
1912 Supp. Sched.
2-(a.) Survey of Ships under the Chinese Passengers Act, 1855,
or the Chinese Emigraton Ordinance, 1889.
Surveys made with in Office Hours.
(b) A special survey is to be deemed to be a survey requiring more
than two visits by a Government Surveyor or Surveyors, or a survey
in cases in which from age or any other circumstances there are reason-
able grounds for doubting the seaworthiness of the vessel. Where the
case requires unusual attention and occupies an unusual amount of the
Surveyor's time the higher fee of $60 and upwards shall 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
gers Act, 1855, or the Chinese Ordinance, 1889, will be
made on payment of half the usual fee mentioned above. The fee
paid in accordance with the above scale covers the inspection of the
liglits and fog-signals, and of the making of the vessel, made at the
time of survey the said Act or Ordinance. 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 said Act or Ordinance does not
cover any survey of a steamship for a Passenger Certificate under this
Ordinance, or measurement for tonnage, or inspection of crew spares.
(c) Travelling expenses (if any) and subsistence (if any) due
accordilw to the scale authorised by the Governor will be charged in
addition to the fees.
3.- Measurement of Tonnage.
4.-(a) Inspection of the Berthing or Sleeping Accommodation
of the Crew.
(b.) The fee to be paid on application for inspection is $6.
(c) A further fee of $6 will be charged if more than one visit by the
Surveyor is necessary.
(d) The fees for inspection of crew spaces will not be charged if the
inspection is made when the vessel is ineasured for tonnage, but
if a second or third visit is necessary for crew spaces alone a fee of $6
for each visit will be charged.
5.-(a) Inspection of Lights and Fog Signals,
(b) The fee to be paid on application for inspection is $6.
(c) A fee of $6 will be charged if more than one visit by the
Government Marine Surveyor is necessary.
6.- Inspection of the Marking of Vessels.
The fee for a first visit is $6, and is to cover for expenses except
where application is made by the owner,are also to be
charged. For any subsequent visit, expenses are to be charged, but no
further fee.
7.- Inspection of Tracings or Drawings.
The fee to be paid when tracing is submitted for inspection is $30.
This fee will not be charged when the full fee for survey under the
Merrchant Shipping Acts, the Chinese Passenger Act, 1855, or the
Chinese Emigration Ordinance 1889, has been paid.
8.- Survey of seaworthiness for Change of Name when directed
to be made.
Fees will be charged in accordance with the scale. for a 12 months
Passenger Certificate. (see Scale No. 1 above.)
9.- Recording Change of Name and endorsing Carving Note.
The fee to be charged when no survey of weaworthiness is made is
$10.
10- Survey for Re-registry under section 54 of the
Merchant Shipping Act, 1894.
The fee will be charged on the same scale as for change of name.
This fee includes the inspection of crew spaces and lights, but does not
include measurenient for tonnage.
11. Survery of a Vessel before Transfer to a Foreign Flag.
The fee to be charged in cases of survey before transfer to the flag
of any other country is $50.
12.- Minor Inspections, Alteration of Rig, Port of Refistry, &c.
A fee of $10 is to be charged in all cases of minor inspections
(e.g. alteration of rig, port of registry, description of engines, &c.)
13.- For Re-measurement of Passenger Accommodation in any
Ship the Passenger Certificate of which is unexpired.
A fee of $20.
14.- For Surveys of Ship's Bottoms only.
Half the fee for survey of steamships for Passenger Certificates.
15.- For Survey of Boilers.
A fee of $50.
16.- For Approving and Certifing Position of Load-Line
A fee of $10.
17.- Over-time Fees for service of Governinent Marine Surveyors.
Week days,-
from 8 am to 10am, and 4 pm to 6 pm........$10 per hour,
from 6 am to 8 pm, and 6 p.m. to 8 pm.......20 per hour,
before 6 a.m. and after 8 p.m ..............40 per hour,
On Sundays and Holidays . ................. 40 per hour.
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 quarter of an hour, and any expenses incurred will be
charged in additlon.
N.B.- When an incomplete declaration is given one-half of the
Survey Fee in Table C will be charged.
Table D.
SPACES ALLOTTED TO PASSENGERS IN SHIPS NOT WITHIN THE
CHINESE PASSENGERs ACT, 1855, OR THE CHINESE
EMIGRATION ORDINANCE, 1889.
[ss. 10 (8) (a) (v) and 11 (3).]
Coasting Trade.
1. In the case of a ship which is soley employed in trad-
ing or going between the following limits, namely, Hongkong and the
Coast of China, Formosa China, and the Philippine, Islands:-
Between 15th October and 31st May, inclusive:-
(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 super-
ficial feet of deck space for exercise for the crow and for every
passenger accommodated on the passenger deck: aud if it is intended
to carry passengers on the remaining space of the said weather deck,
then 12 superficial feet of such remaining space shall be provided for
each such upper deck passenger.
Between 1st June and 14th October, inclusive
~~ As artiondecl by (f. N. 169 of 1908 and No. 17 of 1012,
(c) The space to be provided on the passenger docks shall be in
accordance with the 1st paragraph of the Table, but no ship shall carry
upper deck passengers except as hereinafter provided, unless she is
furnishd with a deck house or other permanent protection against
the weather for the nurnber of passengers such Structure,, will accorm-
modatc, 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 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-hotise or on the upper passenger deek shall be not less than 15
clear superficial feet of deck allotted to the use of caell statute adult
passenger, and on the lowor passenger deck not less than 18 clear
superficial feet of deck allotted to the use of each statute 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
(exclusive of side seuttles) through which light and air are admitted
together to the lower passenger deck are less in size than in the pro-
portion of 3 square feet to every 100 superficial feet of 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 superficial 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 space
of the said upper deck or poop or deck-house then 12 superficial feet of
such remaining space shall be provided for each upper deck passenger.
Generally.
3-(a) Deck passengers may be carried only within the limits
prescribed above for the Coasting Trade and between 15th October and
31st May inclusive.
(b) Deck passengers may be carried between Hongkong and Swatow
during both seasons.
(c) Passengers are not to be carried on more than two deck on any
one voyage.
(d) The superficial area of a deck shall mean the area of the deck
itself exclusive of skylights, hatchways, and other incumbrances.
(e) No part, of the Cargo or of the use of the passengers or of
visions, water, or stores, whether for the use of the passengers or of
the crew shall be carried on the upper deck or on the passenger 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 rendered unavailable for the accommodation of the
passengers shall (unless occupied by the passengers' luggage) be de-
ducted in calculating the space.
(f) There shall not be rnore 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 judg-
ment of the Harbour Master, require. The passengers shall have the
free and imimpeded usu of the whole of cack hatchway situated over
the space, appropriated 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. [ss. 3 (12), 37 (3) (6) & 43] *
1.REGULATIONS FOR STEAMSHIPS NOT EXCEEING 60 TONS.
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
shall cause the said vessel to be surveyed by a Government Surveyor.
2. The certificate of the Government Marine Surveyor shall contain
statements of tile following particulars:-
Hull.
(a) That the hull, length breadth depth
= tons, is sufficient for the service intended, and is 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 or weather deck and of the deck immedinately below the
upper deck for each passenger and member of the crew;
(ii) for vessels plying to places within the 'Local Trade, Limits', or
between Hongkong, and, or within, the sheltered and partially sheltered
waters of Mirs Bay, Castle Peak, or Deep Bay, at the rate of 10
superficial feet of the upper or weather deck and of the deck immedi-
ately below the upper deck for each passenger and member of the
crew; and
(iii) for vessels plying to places otitside the 'Local Trade Limits'
at the rate of 2 passengers for every 3 tons of the vessel's tonnage.
(c) That the master possesses a certificate of qualification recognised
by the Board of Trade, or a cerlificate of competency frorn the Harbour
Master.
(d) That there is provision on board for the shelter of deck passen-
gers, and that there fire not less, than 2 approved life-buoys on board.
As amended by G. K. 169 of 1908, No. 80 of 1011, No. 16 of 1912,
No. 17 of 11312, No. 21 of I1J12 and No. 43 of 1912.
(c) That the vessel, if carrying passengers outside the harbour limits,
has at least one bout in such a position that she call readily be got into
the water, and in addition approved buoyant apparatus or approved
life-belts, and approved life-buoys, at least sufficient with the boats to
keep afloat all persons carried on board at least 4 approved life-buoys
shall be carried).
(f) That the vessel is properly fitted with bow and mast-head lights
and also a riding light, in accordance with section 37 (8).
(g) That the vessel is properly found with anchors and chains.
(h) That the crew is sufficient for the requirements of the vessel.
(i) The time for which the said hull and equipment will be sufficient.
Machinery and Boiler.
(a) That the machinery and boiler of the vessel are sufficient for the
service intended, and ill 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 the Sur-
veyor s certificate.
(b) The time for which such boiler and machinery will be sufficient.
(c) That the enginuer of the vessel possesses a certificate of qualifica-
tion recognised by the Board of Trade, or a certificate of competency
from the Harbour Master.
3. On the receipt of the certificate, the Harbour Master will cause a
licence to be issued to the owner empowering the vessel therein
described to ply for hire as therein mentioned for a period not exceed-
ing 12 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 together with the number of passengers she is licensed to carry.
5. Everly such vessel shall as regards repains cleanliness be kept
in a state fit for public use.
6. A fee of $15 for each certificate shall be payable.
7.-(a) The fees to be paid for the licence shall be according to the
followin, scale
Vessels under 10 tons . ........... $ 10 per annum.
10 tons to 20 tons,................. 20 per annum.
20 tons to 30 tons,................. 30 per annum.
30 tons to 40 tons,................. 40 per annum.
40 tons to 50 tons,................. 50 per annum.
50 tons to 60 tons,................. 60 per annum.
(b) The above scale is for 12 months.
(c) For 6 months six-twelfths of the fee will be charged, for 9 months
nine-twelfths, and so on at the rate of one-twelfth for each month.
But no fee is to be less in amount than three-twelfths.
8. The following is the waximum scale of hire for steamships not
exceeding 60 tons within Local Trade Limits:-
Ist class, 35 tons and above-
for 1st hour.............$5
each subsequent hour . .......4
2nd class, 10 to 35 tons-
for 1st hour, ...........$ 4
each subsequent hour,... 3
3rd class, less than 10 tons-
for 1st hour . ..........$ 3
each subsequent hour ... 2
9. If the space measured for passenger accorninodation is at any
time occupied by cargo or passengers' luggage then one passenger is to
be deducted for every 7 superficial feet of space so occupied.
10. Dangerous goods as defined by the Dangerous Goods Ordinance,
1873, and in whatever quantity sliail not be etwried at the same time
as passengers.
11. The Harbour Master may issue a certificate of coinpotency as
master or engineer of steauships not exceeding 60 tons. A fee of 2
dollars and a half for the examination of any person for such certificate
shall be payable to the Harbour Master at the titue of the examination,
and such master or engineer shall, if he obtains a certificate, produce
3 cophs of a photograph himself, one to the attached to his certificate
of competency, one to be attached to the licenec of any vessel to which
he may belong or hereafter belong, and one for record in the Harbour
Office; and when a master or engineer is transfurred from one steam
bunch to another steam launch he shall produce a photograph of him-
self to be attached to the hence of the vessel which he is to be
transferred.
12. The cerrtifcate granted by the Harbour Master to any person for
the post of inaster or engluer of a steamsidp not exceeding 60 tons
may he suspended or cancelled by the Harbour Master, if it is proved
to his satisfaction, after due enquiry bold by him, that the said master
or engineer has been guilty of incomputency or negligence in the per-
formance of his duty as master or engineer. It may also be cancelled
by order to the Governor if he is satisfied that the holder is, from any
cause, not a it and proper person to be in possession of the said
certificeate.
13. If, at any the subsequent to the granTig of a certificate of
competency, it shall appear to the Harbour Master that the photograph
attached thereto fails to accurately represent the holder, he may call
upon the said holder to produce 3 copies of a photograph which shall
represent him for use a provided in rule No. 11.
14. If any launch master or engineer shall at any time be un-
employed for for any period 2 years as shown by the record book,
he shall be re-examined before engagement for duty in such a capacity
in a steamship undei 60 ton without a fee unless a now certificate is
required.
15. The owner of every licensed steamship not exceeding 60 tons
shall cause the licence to be framed wid exhibited in a conspicuous
part of the cabin, so as to he to all person on board the said
vessel.
16. If the owner of a licensed stearnship not exceeding 60 tons wishes
to employ his vessel outside the waters of the Colony, for purposes
other than that for which the licence was granted, the licence shall be
delivered to the Harbour Master to be retained by him during the period
of such employment.
II - REMATING TO THE ENGAGEMENT AND
DISCHARGE OF THE MASTERS AND ENGINEERS
OF STEAMSHIPS UNDER 60 TONS.
17. ln these Regulations the word 'launeh' means a steamship
under 60 tons burden.
18. Every launeh owner shall report to the Harbour Master the name
of, and the ilullibur of the certificale held by, every launch master and
engineer engaged by him, within 48 hours of such engagement.
19. Every launch owner shall report to the 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 such discharge,
within 48 hours of such discharge.
20. Every launch inaster and engineer holding a certificate shall, on
engagement, produce such certificate to the Harbour Master for re-
gistration, and shall pay for such registration a fee of 50 cnets.
21. Everv launch master and engineer shall, on diseliarge, report.
such discharIge to tlie Karbour Master within 48 hours of such dis-
charge, arid shall produce his certificate.
22. A record shall be kept in the Earbour Master's office, Setting
forth the, dates of each engagement and discharge of each certificated
launch rnaster and engineer, thp reasori for his discharge, and all coin-
plaints and charges against him, and any punishments awarded in
respect thereof the Marine, or other Magistrate, or by the Harbour
Master. Such record shall be open to inspection by launch owners or
their representatives.
23. The certificates of competency of masters and engineers of
steamships not exceediii 60 tons, while under wlay in the waters of
the Colony, are always to be on board the vessel, ready to,be produced
for inspection by the Harbour Master or his deputy, or by any officer
of police.
24. These regulations shall not apply to launches belonging to His
Majesty or in the service of any foreign Government.
25. Any launch owner, master, or engineer committing any breach
of these regulations, shall, for each breahc, be liable, upon summary
conviction before a Stipendiary Magistrate, to a fine not exceeding
25 dollars.
III. -REGULATIONS FOR MOTOR BOATS.
26. The preceding Regulations for steamships not exceeding 60 tons
shall apply to all motor boats in the waters of the Colony, except the
provisions relating to 'Machinery and Boiler,' for which the following
provisions are substituted :-
Machinery.
(a) That the machinery of the vessel is sufficient for the service in-
tended and is in good contition.
(b) The time for which such machinery will be sufficient.
(c) That the engineer of the vessel possesses a certificate of com-
petency as 'Motor Engineer' from the Harbour Master or such other
certificate as may be recognised by him.
27. The examination for certificates of competency for engineers of
motor honts, (to be styled 'Motor Engineers') shall be limited to
the knowledge and management of the engines of motor boats. the
several types of motors in the, management of which each such on-
gineer has qualified shall be noted on his certificate.
28. It shall be lawful for the Harbour Master in such special cases
as lie may tlAnk fit to issue a permit to any motor boat carrying a
certificated inotor engineer who also holds a master's certificate under
the rules in this Table, to be, under way in the waters of the Colony
in charge of such engineer only.Such Permit shall be in writim, and
shall be signed by the Harbour Master and sliall be subject to the
conditions therein contained.
Provided always that it shall not be necessary for any motor boat
not exceeding 85 feet in length over all (and not plying for hire) to
carry a certificated master or engineer,
Table F.
SCALE OF MEASUREMENT FOR PASSENGERS FOR
RIVER STEAMERS.
1. On lower deck, one passenger for each 6 superficial feet.
[S. 38. ]
2. On upper deck and in cabins, one passenger for each 9 supericial
feet.
3. the above seal to be, further regulated by the Survyor's judg-
mentas as to whether or not the vessel posscesses sufficient stability for
that number of passengers.
4. A sufficient number of life-boats, rafts and life-buoys, approved
by the Government Marille Surveyor, to be Supplied.
5. Passeriegers are not to be carried on more than two decks.
As amended by G, N. 169 of 1908.
6. On the lower deck, one passonger to be deducted for each 6
square feet, occopied by cattle cargo, and on the uppor deck, one
passenger to be, deducted for cach 9 square feet occupied by cattle or
cargo.
Table G. [s. 19 (18).]
GENERAL RULES FOR FORIVIAL INVESTIGATIONS INTO SHIPPING CASUALTIES
OR INQUIRIES INTO MISCONDUCT OR INCOMPETENCY
ON THE PART OF OFFICERS.
1. Whenever it is intended to appoint a Marine Court under section
19 to make an investigation respecting any shipping casualty or to
inquire into any charge of misconduct or incompetency on the part of
any master, mate or on engineer, the Marine Magistrate shall cause a
preliminary notice ill form 1 in the appendix to these rules to be
sorved on the of the ship or on the person whose, Conduct or
competency is in question.
2. When the Governor has issued a warrant to form a Marine Court
to investigate into a shipping casualty or to inquire into any charge
of incompetency or misconduct, the Stipendiary Magistrate, appointed
as the presiding member of the Court, shall, in the case of a shipping
casualty, cause a notice to be served on the master, and on the
officers' of tflo Aiip who oil board at, tbe of the
happening of the casualty, in form 2 in the appendix to these rules;
and in the case, of a charge of misconduct or incompetency on, the
person whose conduct or competency is in question, in form 3 in the
said appendix; and in either case, in form 4 in the said appendix, on
sliell witnesses as it is considered necessary call to elicidate the
facts 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 lily other power, inity procced to hear and adjudicate upon
the case in his absence.
4. When the master himself applies for an investigation into
casualty, arid 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 bu served on
any other person who appears to have been in any way responsible
foi the casualty; and any person having any interest in the investi-
gation shall, on showing the nature, of his interest, have a right to
appear.
6. The proccedings, at the investigation into a shipping casualty shall
commence with the examination of the master, officers, and any other
person Whether oll board the ship or not at the happening of the
casualty, who can give material evidence in regard thereto.
As amended by G. N. 169 of 1908.
7. The proceedings at in inquiry into any charge of misconduct or
incompetency shall commence with the examination of the several
witnesses who speak to the charges and the conduct of the person
ellarged; aftex they have been cross-examined by the person charged,
re-examined by the prosecutor and examined by the Court, the person
charged may call his own witnesses who may be examined, cross-
examined, and re-examined in a similar manner. If the person
charged has not already given evidence, he is then to be, allowed an
opporwinty of offering any explaination, 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 had an opportunity of making
a defence, and for that purpose he may produce any witnesses whom
he may wich 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 it the end of the
proceedings.
APPENDIX.
To of
No.1 - Preliminary Notice of a Marine Court.
Take, notice that, by virtue of the provisions of section 19 of the
Merchant Shipping Ordinance, 1899, it is intended to appoint a Marine
Court to
The Court will assemble at the Harbour Office on a day to be
subsequently appointed and of which due notice will be given 6 you.
Dated at Hongkong, this day of 19 .
N.B-1f the person on whom this notice is served fails to attend
before the Marine Court, the Court rnay proceed to hear and
adjudicate upon the case in his absence.
No. 2.-Notice of Holding a Marine Court.
To master, mate, engineer or
owner of the British stegm [or sailing] ship
In pursuance of the provisions of section 19 of the Merchant Ship
ping Ordinlince, 1899, 1give you notice that the Governor has
ordered a, Court to be held to investigations 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 vessel and any document relevant to tho case which may
be in your possession.
The Cotirt will assemble at the Harbour Office, on the
day of . 19 , at A. M.
Dated at Victoria, Hongkong, this day of 19 .
Stipendiary Magistrate and President of the Court.
No. 3.- Summons to Person Charged.
To of
Whereas a charge of has
been brought against you by
And whereas the Governor has appointed a Marine Court to inquire
into such charge:
These are thereofre to require you personally to be and appear on
the day of at o'clock in the forenoon
at the Harbour Office before the said Court to answer the said charge
bringing with you your certificate as
Dated at Victoria, Hongkong, this day of 19 .
Stipendiary Magistrate and President of the Court.
No. 4.-Suminoits to Witnesses.
To of
Whereas a Marine Court has been appointed to
and it appears that you are likely to be able to give imaterial evidence
to the said Court:
This is therefore to sunirrion you to he and appear before the said
Marine Court on the day of 19 at a.m., at
the Harbour Office to testify what you shall know concerning the
matter.
Dated at Victoria, Hougkong, this day of 19 .
Stipendiary Magistrate and President of the Court.
Table H. [ss. 10 (12) & 20 (2).]
GENERAL RULE'S FOR COURT 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 Master's office a notice in form 1 in the appendix to these
rules.
A.5 Rinended by G. N. 169 of 1908.
2. Immediately on the filing of 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 the president of the. Court, hereinafter re-
ferred to as the president, shall summon the Court in form 2 in the
appendix to these rules.
4. If the survey flas been made on the complaint of any person
hereinafter called the complainant, the president shall send to him
notice of the time and place appointed for the hearing.
5. Previous to the hearing, the Governor shall fonvard to the presid-
ent, to be produced as evidence it the hearing, an official copy of the
report of tho Survoyor.
6. The Court shall, if practicable, be summoned to hear the appeal
on a day not later than 14 days from the filing of the notice of appeal.
7. The Governor and the appellant shall be parties to the proceed-
ings.
8. Any other person, may, by permission of 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 lie. requires 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 he 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 witilesses, the person
representing the Governor and the complainant may, on cause shewn
to the satisfaction of the Court, call further witnessis in reply.
13. After all the witnesses have been examined, the Court shall first
hear the appellant, then the complainant (if any), and afterwards the
person representing the, Governor.
14. The president may adjourn the Court from time to time and
from place to place, as may be most convenient.
15. The president shall deliver the decision of the Court in
and the same may be or delivered to the, re-prefive partics, and it
shall not be to hold a Court merely for the purpose of giving
the decision.
16. As soon as possible after the Court has corne to its decision, the
Court shall issue an order for the release or detention (either finally or
on condition) of the vessel in form 13 in the appendix to these rules.
17. The president shall report to the Governor in form 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.
No. 1-Notice of Appeal.
In the matter of the ship
To the Harbour Master of Hongkong.
Take notice that I, [name and address] the master [or managing
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 froin the refusal of
Government Marine Surveyor to give, a under the provi-
sions 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 Passen-
gers Act, 18,55, or under The Chinese, Emigration Ordinimee, 1889, or
(4) Froin the refusal of the Harbour Master to give a clearance under
the Merchant Shipping Ordinance, 1899.
The address at which all notices and documents may be served by
post or otherwise on me is
Dated this day of 19 .
(To be signed by the appellant.)
No. 2.-Summons to Court.
The Court of Survey 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
suninlon you to attend as
on this appeal, at A.M. on the day of 19 .
Dated at Victoria, Hongkong, this day of 19 .
Stipendiary Magistrate and President of the Court.
I will attend as summoned.
(signature of person summoned.)
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 of 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 at Victoria, Hongkong, this day of
Members of the court of Survey.
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
appointed by the Governor to survey the
[or as the case may be]
We having heard this appeal, we did order the said ship to be released [ or
detained finally or conditionally upon
for the reasons set forth in the annexed statement.
We are also of opinion that the costs of this appeal should be paid
by the appellant [or by the Government]; or [that all parties shall pay
their own costs.]
Dated this day of ,19.
Members of the Court of Survey.
TABLE OF FEES.
1. On filing notice of appeal, for every 50 tons of
the gross registered tonnage of the ship,... $5.00
2. On filing every affidavit, .............. 1.00
3. On entering appearance,.................. 5.00
4. On every subpoena,....................... 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 wit-
ness,....................................... 1.00
7. On every consent by the parties to refer the
question of costs, or of costs and damages, to
the Court, to be paid by each party,........ 5.00
8. On every hearing, for each day, to be paid by
each party, the amount thereof to be at the
discretion of the members of the Court, from 10.00 to $50.00 9. on every order whether for the release or de-
tention of the ship or for payment of costs,
or costs and damages, to be paid by the
party taking out the order,....................$5.00
10. On every office copy of the judgment or report,
or of notes of the evidence, or of any of the
proceedings in the appeal, per folio of 72
words,...........................0.25
Table I.
FREE TO BE CHARGED AT THE MERCANTILE MARINE OFFICE.
1.- Engagement or Discharge of Crews.
In ships under 100 tons,...................$5
100 to 400 tons............................10
400 to 700 tons,...........................15
700 t0 1000 tons,..........................20
and so on for ships of larger tonnage adding for every 300
tons or part of 300 tons, 5 dollars.
2. - Engagement or Discharge of Seamen.
Separately, 80 cents each.
Over-time fee, when Engagement or Discharge takes
place on board ships.
From 8 am to 10 am and 4 pm to 6 pm........$ 5 per hour
From 6 am to 8 am and 6 pm to 8 pm..........10 ,,
Before 6 am and after 8 pm,................. 20 ,,
Any portion of an hour shall count as one hour.
Table J.
SUMS TO B E DEDUCTED FROM WAGES BY WAY OF PARTIAL REIMBURSEMENT
OF FEES PAID IN ACCORDANCE WITH TABLE I.
1. In respect of engagemtnts and discharge of crews, upon each
engagement and each discharge-
from wages of any mate, purser, engineer, surgeon,
carpenter, or steward,....................... 50 cnets.
all others, exvept apprentices,.............. 40 ,,
2. In respect of engagements and discharges separtately, upon eahc
engagemetn and each discharge-
from wages of any mate, purser, engineer, surgeon,
carpenter, or steward, ..................... 50 cents.
all others, expect apprentices ................ 40 ,,
Table K. [s.6.]
RULES FOR THE GOVERNMENT OF LICENSED BOARDING-
HOUSES FOR SEAMEN.
1. Over the principal door of each house shall be fixed a board con-
taining in letters at least 3 inches in length, painted white on a black
ground, 'Licensed Boarding-house for (number of scamen, manila
men or lascars)' and at the foot thereof shall be inserted the name,
in full, of the keepter of the house, and no other 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, the drains not
to be in direct communication with the public sewers, but effectively
disconnected and trapped.
3. There shall be adequate kitchen accommodation with proper
means for the removal of smoke.
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 up in each
sleeping room showing the number of persons the room is capable of
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 chests, hammocks,
etc, of the boarders.
6. Proper washing rooms, and adequate privy, urinal, and ash-bin
accommodation are to be provided; the floors of the house and out-
houses are to be swept clean frequently during the day and thoroughly
washed every saturday; all inside walls and partitions are to be colout-
washed once in every 6 months, viz., on or about 1st January and 1st
July.
7. All filth and refuse matter shall be regularly removed daily.
8. there shall be no communication between a boarding-house and
the adjoining houses.
9. No boarding master shall receive into his boarding-house any
seaman who does not first produce his discharge from his last ship,
duly countersigned or stamped by the Harbour Master or some person
deputed by him, or who does not produce his 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 of all boarders in his house on the day of their reception
therein, and he shall also enter in the same book an account of all
monies received from boarders and all charges incurred by them, and
if a boarder shall so require he shall be furnished, every Saturday night,
with a memorandomum of the amount in which he is indebted to the
boarding master or of the amout belonging to him still in the hands
of the boarding master.
11. Before a boader is discharged, 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 his book to the Harbour
Master or his deputy for inspection every Monday at noon.
[Rule 12, rep No. 16 of 1912. ]
13. The boarding master shall not allow any prostitute on the
premises.
14. Boarding-houses shall be closed every night at 11 o'clock.
15. No gambling shall bc allowed in any boarding-house and every
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 master is immediate-
ly to procure 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 master of every boarding-house shall, every Monday morn-
ing, send to the Government Shipping Office a list copied from his
book of all the seamen boarding in his house on that day and of those
boarders who have, left during the previous week, showing how the
latter have been disposed Of.
18. No boarding master shall discharged a boarde 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 the inspec-
tion of any Justice of the Peace or the Harbour Master or his deputy
or of any Inspector of Police or any member of the Sanitary Board
as well as for the
20. A copy of these rules shall he kept posted in a conspicuous place
in the general sitting room.
21. Any inffliction of any of these rules shall render the offender
lible. to a fine of 25 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
liable are a Government fee of 40 cents for and 40 cents
for shipping, and one dollar for boarding-house fee which is to include
the commission for cashing an advance note.
23. When seamen have signed fresh articles of agreement no deduc-
tions other than those for debts legally due. are to be made from their
advances,
24. Seamen's clothing or bedding is not to be detained by way of
security for debt.
25. Auy boarder dissatisfied with his account shall be at liberty to
lay the same, before the Harbour Master who will decide if the charges
are reasonable or otherwise.
26. A boarding-house keeper shall ship only, the men belonging to
his house. If, on any occasion, he has not enough boarders to
complete the number required to ship, lie may 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 not by the
keeper who has the order for the crew, and only one shipping fee shall
be charged.
27. The weekly charge for board and lodging shall be:-
in boarding-houses for Europeans and American $8.00
in other boarding-houses, such amount as may be
approved by the Harbour Master.
Table K (A). [s.22(2)]
INFORMATION TO BE SUPPLIED ON ARRIVAL IN PORT.
NaMe of vessel and flag
Port of registry
Commanded by
Registered Tonnage
Nature and Torinage of Cargo on board
Number of Crew
Rig and Horse Power
Number of Guns
NaME of Owners
Port of departure and day of leaving original and last Port
Consignees or Agents,-Messrs.
PassEngers -} Cabin , E, Deck
Chinese:- ' Men, Women, Booys,Girls,=
Any Infectious or Contagious Disease on board
at any Port of departure
Any Births, Deaths, or Accidents on the voyage
Any Explosives on board
Any Mails on board
Any Casualty on the voyage
Weather
Any derelicts, Sunken Wrecks, Ice, etc., passed during the voyage
Port Regulations supplied
~ As aniended by G. N. 169 of 1908.
Table L.
QUARANTINE REGULATIONS.
1. In these regulation,-
'Health Officer' means the Health Officer of the Port or any other
medical officer duly authorised to act for or assist him, or in charge
of any place set apart for the detention and seclusion of persons
actually suffering from 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 pre-
vailed ' means a port or place proclaimed to be such by order of the
Governor-in-Council:
'Infections or contaglous disease' means; cholera, choleraic
diarrhoea, small-pox, typhus fever, yellow fever, bubonic plague, and
any such other epidemic disease as the Health Officer may consider to
imperil the safety of the passengers or crew:
' Infected vessel' means any vessel wifich has a ease of any of the
above mentioned diseases on board, or on which any case of any such
diseases has within a period of 12 days previods to the date
of arrival of the vessel in the waters of the Colony, except in the ease
of cholera when such period shall be 7 days instead of 12:
' Suspected vessel ' means any vessel on which any case of any of
the above mentioned diseases has occurred at the time of departure or
during the voyage, but on which no fresh has occurred within a
period of 12 days, or in the case of cholera 7 days, previous to the date
of arrival of the vessel in the waters of the Colony.
' Healthy'vessel ' means any vessel which having come from a port
or place at which any infectious or contagious disease prevailed, has
had no death from, and no case of any such disease on board while at,
such port or place, or during the voyage therefrom, or on arrival.
2. Every ' infected', every 'suspected ', and every 'healthy'
vessel on entering the waters of the Colony shall fly and keep flying a
yellow flag (letter Q in Inter-national Code of Signals) and shall not com-
municate with the shore until granted pratique by express written
order of the, Health Officer, who shall board every such vessel and
shall examine in the passengers and crew thereof. Provided never-
theless, that any such vessel, which is on a voyage to any other place
and which has held no communication with the shore except as per-
mitted by these regulations, may with the written consent of the
Health Officer, proceed on such voyage or transship her passengers for
the purpose of completing such voyage.
3.-(a) Every 'infected', every 'suspected', and every 'healthy'
vessel shall, unless previously granted pratique, proceed at once to
the Quarantine Anchorage and shall not remove therefrom, except
As ainendod by G. N. 169 of 1.908, G. N. 196 of 1912, No. 50 of
1911, No. 36 of 1912, No. 17 of 1912, No. 43 of 1912 and
No. 48 of 1912 Supp. Sched,
from stress of weather, until released by order of the Health Officer.
No vessel which is compelled to leave the Quarantine Anchorage from
stress of weather shall communicate except by signals with the shore,
or with any other vessal such vessal shall return to the Quarantine
Anchorage immediately such stress of weather has subsided : Provid-
ed that in case of stress of weather involving probable actual danger to
the vessel, the vessel may remove for a time, but shall be deemed
nevretheless for all purposes to be subject to in other regulations
applicable to such vessels.
(b) No such vessel shall enter the harbour limits before 6 a.m. or
after 6 p.m.
4. 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 to the Health Officer or Boarding Officer such information about
the vessel and the voyage and the health of the crew and passenger
and otherwise as the Health Officer or Boarding Officer may require,
and shall answer truly and fully all the questions put to him, by the
Health Officer or Boarding Officer.
6.-(a) On the arrival of an 'infected' vessel at the Quarantine
Anchonge the Health Officer shall medically examine in persons on
board such vessel and shall arrangre for the removeal of any persons
suffering from any of above-mentioned diseases to a hospital, find
for the removal of any 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 appointed by the Governor-in-
Council, or shall be permitted to land, and be kept under surveillance
at their residence, on shore,, at the discretion of the Health Officer;
Provided that such observation or such surveillance shall in no case
extend for a Ionger period than 10 days, or in the case of cholera 5
days, from the date of arrival of the vessel in the waters of the Colony.
The Health Office shall then forthwith 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 crow 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 pumping out of bilge water,
the disinfection of 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
suffering from any illness which such officer suspects may prove to be
an infectious or contagious disease may either be, detained on board
the ship or may be taken to some hospital or other place appointed
for the purpose, and detained there for a period not exceeding 2 days,
in order that it may be ascertained whether his illness is or is not
infectious 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 Anchor-
age, 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 contagious disease, be permitted to land, but shall be
kept under surveillance at their residences on shore for such period of
time as the Health Officer may deem necessary: Provided that such
surveillance shall in no case extend for a longer period than 10 days,
or in the case of cholera 5 days from the date of arrival of the vessel
in the Harbour limits. 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 complay with any instructions
that the Health Officer may give as to the disinfection and pumping
out of bilge water, the disinfection of drinking water tanks, and the
provision of a preper and adequate supply of fresh drinking water.
(c) A 'helathy' vessel shall be visited and the passengers and crew
medically examined by the Health Officer, and if found to be free from
any infectious or contagious disease such vessel shall be admitted to
free pratique immediately on arrival, irrespective of the nature of her
bill of health. the master of every such vessel shall comply with any
instructions that the Health Officer may give as to the disinfection and
pumping out of the bilge water, the disinfection of drinking water tanks,
and the provision of a proper and adequate supply of fresh drinking
water. The passengers and crew may, moreover, at the discretion of
the Health Officer, be kept under surveillance for a period of time not
exceeding 10 days from the time of leaving the infected port.
7.-(a) If any vessel in the waters of the Colony is known to have
any case of any infectious or contagious discase on board, or is a vessel
which, in the opinion of the Healthe Officer, ought, according to these
regulations, to be placed under observation, the Health Officer shall
order such vessel to the Quarantine Anchorage, and the master or
person in charge of such vessel shall thereupon hoist a yellow flag
(letter Q in the International Code of Signals), upon such vessel and
remove such vessel to the Quarantine Anchorage, and all the regula-
tions applicable to 'infected' vessels shall apply to such vessel.
(b) Should any vessel in the waters of the Colony while being
attended by any privated medical practitioner be found to have any
infectious disease on board, such vessel shall at once be considered as
an 'infected' ship and come under these Regulations. It
shall be the duty of such private medical practitioner to inform
the master of the nature of the idseases and notify the
same in writing to the Health Officer of the Port. All fur-
ther action as regards the patient, the members of the crew, the
passengers or the vessel shall be under the direction of the Health
Officer of the Port. The master of such vessel shall at once take such
steps as are necessary to inform the Health Officer of the Port of the
facts of the case and hoist the Quarantine Flag, he shall not permit
any further communication with the shore, but wait for instructions
from the Health Officer of the Port.
(c) In case of a vessel in waters of the Colony not having a private
medical attendant and having any sickness on board, the nature of
which the master is unable to make out, he shall at once hoist the
call flag for medical assistance and take such other measures as may
be necessary to inform the Health Officer of the Port and wait for his
decision.
8. In case of a vessel arriving in the waters of the Colony having
on board the body any person who has died from an infectious or
contagious disease, the body shall be disposed of 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 communication except by signal from such vessel with the
shore, or with any vessel, until the express written permission of
the Health Officer has been communicated to the master or other
person having the control of the 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 30 yards of any 'infected' or 'suspected'
vessel, or hold lany communication except by signals with such vessel
or with any person on board of ir, or receive or taken any person or thing
whatsoever, directly or indirectly, from the vessel or from any person
on board of it, without having first received the express written permis-
sion of the Health Officer, and observing such precaution as the
Health Officer Officer may require.
11. The Captain Superintendent of Police, and any officer whom he
may appoint for the purpose, may order any person leaving or coming
from nay 'infected' or 'suspected' vessel, or taking or sending
any person or thing whatsoever from any such vessel, to remain in, or
return to, and to return such persons or things to, such vessel and may,
by such necessary force as the case requires, compel any person neglect-
ing or refusing to observe such order to obey the same.
12. Nothing in these Regulations shall render liable to detention,
disinfection, or destruction any article being part of any mail con-
veyed under the authority of the Postal Admisistration of any Govern-
ment, or shall prejudicialy affect the delivery in due course of any
such mail to the Post Office.
13. Where a vessel has passengers on board who are in a fithy or
otherwise unwholesome condition, or is overcrowded with passengers,
emigrants or otherwise, the Health Officer may, if in his opinion it is
desirable with a view to checking the introduction of any infectious or
contagious disease, and on his certifying to that effect, order such
vessel to proceed to the Quarantine Anchorage or to such place as he
may direct, and may detain under observation or surveillance the
passengers and crew for such period, not exceeding 10 days from the
arrival of the vessel, as he may direct; and if the vessel is also na
'infected' or a 'suspected' vessel, the measures prescibed in
regulations 6 (a) and 6 (b) respectively may also be enforced.
14. Any costs and expenses charged or incurred by the Government
for the medical attendance and maintenance of any person, whether
on the ship's articles or not, who is removed to any hospital or place
from any vessel, under these Regulations, for medical treatment or
surveillance, or for the burial of any person who may die on any vessel,
or of any dead body found on board any vessel, or for the cleansing
and disinfection of any vessel or of the merchandise, including the
vessel, or of any part of the vessel or her merchandise, including the
hire of any necessary labour, boat, junks, hulks, premises on shore, and
disinfecting appliances, shall be paid to Government on demand by the
owners or agents of the vessel.
15. Where any breach of any of the preceding regulations is com-
mitted, all the persons assisting in any way in the commission of such
breach and the master or other person having the control of 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.
16. The preeceding regulations shall not in any way interfere with the
internal management of any of His Majesty's ships or of foreign ships-
or-war, or with their freedom to proceed to sea, whenever the officer in
command may deem such course requisite.
17-(a) The preceding regulations (with the exception of regulations
13 and 14) shall not apply to any vessel which has on board a surgeon
or medical offer who is entered on the articles of agreement or any
similar document, if after entering the waters of the Colony the master
of the vessel signs a certificate, in form 1 in the appendix to these re-
gulations, to the effect that there has been no sickness of an infectious
or contagious nature on board such vessel within a period of 12 days
previous to the date of arrival of the vessel within the waters of the
Colony, and if the surgeon or medical officer of the vessel after enter-
ing the waters of the Colony signs a certificate, in form 2 in the said
appendix, to the same effect, withthe addition that he has seen every
person on board such such vessel within the 12 hours immediately preceding
his signature thereto. In default, however, of either of such certifi-
cates being signed the preeding regulation shall apply.
(b) any mater, and any surgeon or medical officer of any such vessel
who signs any such certificate as aforesaid containing any false state-
ment, and any person who signs any such certificate as surgeon or
medical officer of the vessel when not duly entered on such articales or
document as aforesaid, shall be deemed to be guilty of a breach
of these regulations and may be proceeded against and punished
accordingly.
18. The place known as the Government Observation Station at
Laichikok shall be set apart as place for the detention and seclusion
of persons, whether actually suffering from disease or not, arriving on
board vessels subjected to quarantine.
APPENDIX.
Foam No. 1.
Regulation 17.
Certificate by Master of absence of Infectious or Contagions Disease.
SS. ........................................................
Hongkong.
I hereby certify that there has been no sickness of an infectious or contagious nature
on board the SS . .................... within a period of 12 days previous
to the (bite of lier arrival in the waters of the Colony of Hongkong.
Dated the day of 19 ' at o'clock .m.
..........................................
Master.
SS. .......................................
Regulation 17.
Cerfificate by Sorgeon of absence of Infectious or Contagious Disease.
Hongkong.
I hereby certify that there has been no sickness of an infectious or contagiouf; nature
on board the SS .......................................... within a period of 12 days previous
to the date of her arrival in the waters of the Colony of Hongkong : and I further
certify that I have qeen every person on board wifibin the 12 hours immediately pre-
ceding my signature hereto.
Dated the day of .m.
(Signed.) .........................................
Surgeon (or Medical Officer)
SS. ..............................................
INSTRUCTION FOR OWNEMS OR AGENTS Or INFECTED VESSELS FROM
WHICH THE PASSENGFRS OR CREW OR ANY OF THEM ARE REMOVED
To THE OBSERVARTON STATION AT LAICHIKOK BY ORDER
OF THE HEALTH OFPICER OF THE PORT.
1. If the Health Officer shall order the passengers and crew, or any
of them, of an 'infected' vessel to be kept under observation at the
Observation Station at Laichikok the owners or agents of the said
Vessel shall provide,-
(a) all neressary boats for the removal of such passengers and crew,
or of them, to the Observation Station;
(b) all food for such passengers and crew according to the scale in
schedule A of these Instructions.
* As ainended by (1. N. 852 of 1908.
Such quantity or numbers as the Health Officer of the Port may
deem necessary,-
(c) of lymph for the vaceination of the, said passengers and crew, if
the vessel froin which the said passengers and crew have been removed
is quarantined for smallpox;
(d) of disinfeetants, not exceeding he Me for Chinese Ptesonger
Ships; (Proelamation No.7 of 6th July, 1904.)
[para. (e), rep. G. N. 202 of 1909.]
of water daily for cleansing or drinking purposes;
(g) of kerosine oil for lighting purposes at he rate of one third of a
tin daily for every 500 passengers and crew.
2. In addition the owners or agents aforesaid shall pay, to the
Government such charges as the Realth Officer of the Port, by
Certificate under his lland, may certify to have been incurred by
Government for medical comforts, for the cleansing and disinfection
of the vessel, or of the merchandise on board of her, from which the
passengers and crew have been removed; and for the burial of the
bodies of any of the passengers or cew who may die in the Station.
They shall also refund to the Govorninent the cost of scavenging the
Stcation at the rate of half a cent. per head per day of the passengers
and crew.
SCHEDULE A.
Diet Scale at Observation Station, Laichikok.
Chinesc Contacts.
Fish, Fresh (or Eggs, Salt 4) .... 1/3 lb.
Oil, Ground Nut, ... ............... 1/3 oz.
Rice . ............................ 1 1/3 lbs.
Salt . ......................... 1/3 oz.
Tea, Chinese . .................... 1 1/3 lb.
Vegetables, Fresh,.................. 2 lbs.
Firewood . ........................ 2 lbs,
Indian Contacts.
Curry Stuff . ........................ 1 oz
Dhall . .............................. 4 oz
Eggs, (or Fish, Fresh 6 oz.),........... 2
Fish, Fresh (or Goat Meat),.............. 8 oz
Flour ........... ...................... 8 oz
Ghee, ....................................1 oz
Rice . ...................................8 oz
salt .....................................2/3 oz
Sugar ...............................1 oz
Tea, Chinese,......................1 /4 oz.
Firewood . ........................2 lbs.
As atnended by G. N. 202 of 1909.
per head per day.
per head per day.
Chinese Hospital Patients.
Congee, (2oz. rice to 1 pint),... 1 pint
Fish, Fresh, (or Eggs, Salt2),... 2 oz.
Rice, ........................... 4 oz.
Salt,............................ 1/4 oz.
Tea, Chinese,.................... 1/4 oz.
SCPPER.
Congee, (2oz. Rice to 1 pint),... 1 pint,
Rice,............................ 4 oz.
Sago, ........................... 1/4 oz.
Suger, White Crystailized, ...... 1 oz.
Firewood, ....................... 2 Ibs.
Indian Hospital Paticnts
BREAKFAST.
Congee, (2 oz. Rice to 1 pint),.. 1 pint.
Dhall,........................... 4 oz.
Rice, ........................... 4 oz.
Salt, ........................... 1/3 oz.
Tea, Chinese,.................... 1/4 oz.
SUPPER.
Chicken, (Live for Soup), ....... 8 oz.
Congee, (2 oz. Rice to 1 pint), . 1 pint
Rice, ........................... 4 oz.
Salt, ........................... 1/3 oz.
Firewood, ....................... 2 lbs
Note: - Stimulants, Beef Tea (1 lb. Beef and 1/8 oz. Salt to 1 pint),
Bovril, Chicken Broth (1 lb. Fowl, 2 oz. Barley and 1/8 oz. Salf to 1
pint), Milk, etc, must be supplied for patients as ordered by the
Medical Officer.
Table M.
REGULATIONS AS TO FAIRWAYS.
1. All direct approaches to anchorages in the waters of the Colony
are deelared to be fairways.
2. There shall be two principal fairway through the harbour for the
passage of vessels of over 60 tons burden, and such fairways shall be
named as follows:-
the Southern and the Central Fairways.
3. The 'Southern Fairway' commences off the Gas Works and
terminates at Blake Pier. The North side is bounded by a Junk
Anchorage (I in Table 8) wid a lhic of mooring buoys east.
ward from Cailtou Steani-boat Pier. The South side is bounded by
vessels at the Praya wall or the wharves exteilding therefrom.
4. The 'Central Fairway' commences off the Gas Works, and is
marhed by 2 buoys, pailited in red aild white horizoidal stripes and
carrying red lights at night. The 'Central Fairway ' is defined by 2
lines of mooring buoys running in an E.S. Easterly direction.
5. Vessels of over 60 tons burden proceeding through a fairway, shall
fly a pennant at the highest mast-head forward as follows:-
whilst in the 'Southern Fairway', a 'Red' pennant (F)
whilst ill the 'Central Fairway', a 'White' pennant (C.)
6. All vessels irrespective of size shall, whether in a fairway or not,
observe the International Collisdon Regulatiotis, and no vessel whatever
shall anchor in any of the fairways,
7. All vessels exceediny 60 tons shall when under way, within the
Harbour limits, proceed with due caution, and at a speed not exceeding
9 knots, unless circumstances render an increase necessary.
7a. Rafts of timber or logs, when afloat in the waters of the Colony
between sunset and sunrise, shall, whether moored or under way, ex-
hibit a white light, visible all round the horizon to a distance of not less
than one mile, at a height of not less than 6 feet above the water, at
each end of such raft or log or group of logs; and, if such raft or log or
group of logs execeds 50 feet in length, a further similar light, at the
same height, in the centre thereof.
II.- MAN-OF-WAR ANCHORAGES.
North Side of the City of Victoria.
8. ' Western Boundary.' - A line drawn N. 30 E. 2,680 feet from
the Bench Mark on the coping of the Praya wall in a line with the
N.W. conier of the City Hall building.
'Northern Boundary.' - From the Northern extremity of the above
line, a lille drawn N.85 E. 4,100 feet.
'Eastern Boundary,' From the Easterm extremity of the line
forming the Northern Boundary, a line drawn S. 15 W. 1,120 feet,
thence a line drawn S. 85 W, 1,230 feet, and thence a line drawn S. 15
W. until it, meets the Prava wall,
West Side of the Kowloon Peninsula
9. 'Southern Bowidary.' - From the point where the Northern side
of the North Pier, Hongkong and Kowloon Wharf mid Godown Com-
pany's premises joins the Prava wall, a line drawn West 1,505 feet.
Western Boundary. --A line, drawn N. 8 W. 2,570 feet from the
Western extremity of the Southern Boundary.
Northern Boundary - From the Northern extremity of the
Western Boundary a line drawn Last until it meets the Praya wall.
Nothing is to prevent, ships procceding to and from any wharves on
the West side of Kowloon Peninsola, provided such hips, if anchor-
ing, give swinging room to vessels at the Admiralty buoys.
Long Harbour and Jones Cove.
10. No ship, other than His Majesty's ships, shall anchor in the
Bays known as, and shown on the Admiralty charts as, LONG HARBOUR
and JONES COVE, in Mirs Bay.
11. Junks and other native craft frequenting this portion of the
waters of the Colony for fishing and other purposes, will be allowed to
use the same, subject to the orders and control of the Harbour Master
or his Deputy.
Note.-The Captain of any British man-of-war using the rifle range
on San Man Shak Peninsula shall, for the purpose of the control of the
traffic in the Danger Zone, be a Harbour Master's Deputy, under
section 2 of the Merchant Shipping Ordinance.
Foreign Man-of-War Anchorage.
12. The Foreign Man-of-War Anchorage is in Kowloon Bay to the
eastward of the Hunuboin Peninsula and within the following limits
on the West. - Eastern limit of the Telegraph Cable Ground.
on the South.-A line drawn N. 81^ E, from Blackhead's Hill Signal
Mast.
on the North and East.----The 5-fathom line of soundings.
13. All vessels are to be moored.
14. Foreign ships-of war shall not make any examination or survey of
the shores or waters, of the Colony, either from such ships or by means
of boats or otherwise.
Landing of Foreign Soldiers and Sailors.
15. Foreign soldiers or sailors, if unarmed, may be landed in the
Colony within the harbour limits, without the prior consent of the
Governor, provided that when it is desired to land a number of men
exceeding 100 notice must be given to the Colonial Secretary, in order
that all facilities of which local conditions admit may be given.
Applications for permission to huld armed parties ill connection with
funerals or to take part in public ceremonies of an exceptional nature
must be addressed to the Governor through the Colonial Secretary.
No application is necessary in the case of officers.
15a. No foreign soldiers or sailors shall be landed in the Colony out-
side the harbour limits from any vessel without the permission of the
Govemor, for which applization njust be made by the senior officer in
command of the foreign ships or troups concerned.
III - QUARANTINE ANCHOPAGE.
16. 'Western Boundary.' A line drawn from the western extreme
of Stonecutters Island to die western extreme of Green Island.
'Southern Bouridary.' The naval shears at Kowloon bearing east
by south commencing where it meets the Western Boundary and
terminating where it meets the Eastern Boundary.
'Eastern Boundary.' A north and south line drawn from the
southermost point of Stonecutters Island until it reaches the
Southern Boundary.
IV.- DANGEROUS GOODS ANCHORANGES.
17. The Dangerous Goods Anchorages shall mean the portons of the
harbour within the following limits:-
The Northern Ancharge.
'Northern Boundary' A line drawn from the southern side of
Torpedo Depot platform touching and extending to the eastward of
Lai Chi KOk Point.
'Southern Boundary.' - A west line drawn from Hankow Rock
Buoy.
' Easter Boundary.' - A north line drawn from the outlying rock
on the north eastern side of Stoncutters Island intersecting with the
Northern and Southern Boundaries.
' Western Boundary.' - A north line drawn from the northernmost
point, of Stonecutters Island intersecting with the Northern and
Southern Boundaries.
The Southern Anchorage.
South of a line joining the points of Belchers Bay.
The Easterm Anchorage.
'northern Boundary' - A continuation of the Northern Boundary
of the victoria Man of War Anchorage.
'Eastern Boundary' - Western edge of the Telegraph Cable
Ground.
'Western Boundary' - Eastward of a north and south line drawn
through Kellet's Island.
The Western anchorage.
'Northern Boundary'- The Southern limit of the Quarantine
Anchorage, viz;- The naval shears at Kowloon bearing E. by S
'Southern Broundary' - The naval shears at Kowloon bearing east.
'Eastern Boundary'- The southermost point of Stonecutters Is-
land bearing north.
'Western Boundary' - A line drawn from the west extreme of
Stonecutters Island to the west extreme of Green Island.
V.- TELEGRAPH CABLE GROUNDS.
18. The cable ground between the north point of Hongkong and the
south-east point of Kowloon Peninsula is marked as follows:-
The Western limit by two white posts on the Hongkong shore in line
with one white post and the chimney with thite face of the pumping
station at No. 1 Dock on the Kowloon shore.
The Eastern limit by a white post and white obelisk on the Hong-
kong shore in line with a white post and white obelisk on the Kowloon
shore.
By day the five white posts may be distinguished by their carrying
a red diamond shap. By night two of them on each shore display
a red light.
The lights are so screened that the easternmost lights do not show
to the eastward not the westernmost lights to the westward.
19. The line of telegraph cable between Taikoktsui and the eastern
shore of Stonecutters Island is marked as follows:-
by a white post carrying a red diamond shape at each end on the
shore.
20. No ship, junk or vessel of any description shall anchor either
within the limits of the said cable ground or within 50 yards on either
side of the said line of telegraph cable.
20a. Fishing is prohibited within the Telegraph Cable Reserve.
VI - STEAM WHISTLES.
21. No steamship ship use her steam-whistle except for the pupooses
of navigation as laid down inArticles 15, 28 and 31 of the International
Collision Refulations, and exvept for the purpose of giving necessary
notice of her approach towards any other vessel, when one prolonged
blast of from 4 to 6 seconds duration shall be sounded.
22. Any infringement of regulation 21 will subject the master or
owner of the offending ship to a penalty not exceeding 100 dollars.
23. Any vessel approaching a defended port in the Colony of Hong-
kong when searchlights are being worked, and finding that they inter-
fere with her safe navigation, may make use of the following signals,
either singly or combined'-
(a) By flashing lamp, four short flashes followed by one long flash.
(b) By whistle siren, or fog-hown, four short blasts followed by one
long blast.
Whenever possible, both flashing lamp signals, and sound signals
should be used.
On these signals being made, the serchlights will be worked so as
to cause the least inconvenience, being either doused, raised, or their
direction altered.
The sigual should not be used without real necessity, as unless the
vessel is actually in the rays of the searchlight it is impossible to know
which searchlight is affected.
The signals are designed to assist mariners and do not render the
Government liable in any way.
VII - DRUMS, GONGS AND FIREWORKS
25. No naked or portable light shall be used by any person on board
any ship or other vessel in the waters of the Colony for any puropose,
on deck or below, except the electric light, or candles, or oil lamps
buring animal, vegetable, or such other oil as will not give off an
inflammable vapour at a temperature of less that 120 degrees
Fahrenheit when tested in the manner set forth in the Schedule to
the Case Oil, and Bulk Oil, Fules, made under Section 6 of the
Dangerous Goods Ordinance, 1873, (No. 1 of 1873). And any person
who is responsible for or is a party to a breach of this regulation shall
be liable to a fine not exceeding one hundred dollars.
Table N.
SPECIFICATION OF WHARVES,
1. The following are specified as 'Wharves' in respect of which the
provisions of section 26 (1) shall apply,viz:-
In Victoria.
Whitty Street Steps
French Street Wharf.
Wilmer Street Steps..
Wing Lok Street Steps.
Cloverly Street Stops.
Pottinger Street Step-,.
Blake Pier.
Temporary Pier, Telegraph Office Lane.
Murray Pier.
Arsenal Street Wharf.
Arsenal Street Steps.
Ship Street Steps.
Observation Street Wharf.
Jardine Steps.
At Kowloon.
Yaumati Police Station Wharf.
Tsim Sha Tsui Wharf.
2. The following is declared to be a 'part of the Colony' in respect
of which the provisions of section 26 (2) (b) shall apply, viz:-
The shore on the north side of.the City of Victoria, from opposite
the Gas Works at Shek-tong-tsui to opposite the canal at Bowrington,
and the shore at Kowloon from Chin-sal-tsui Point to the saw-mills
at Mong-kok-tsui.
Table 0. [s. 26 (3).]
REGULATIONS AS TO DISCITARGE OF CANNON, FIREARMS, OR FIREWORKS,
IN THE WATERS OF THE COLONY.
The portions of the waters of the Colony within which it is prohibited
to ischarge cannon, firearms, or fireworks, as provided by section 26
(3), are as follows:-
(a) that portion having for its eastern boundary, a line drawn across
the centre of the Li-u-mun Pass; and for its western boundary, a line
drawn from the west end of Hongkong to the west end of Green Island,
thence in a straight line to the west end of Stonecutters Island, con-
tinued to the mainland.
(b) that protion lying within a line drawn from the west end of Hong-
kong to Waterfall Bay, thence to the south end of Taitam Peninsula,
continued to Cape D'Aguilar and Cape Collinson, terminating at the
south-east corner of the Li-u-mun Pass.
Provided however that mail steamers may fire a gun if arriving
within the above limits between 9pm and 6am
Table O (a) [ss.28(2) & 43(3).]
PRIVATE BUOYS AND MOORINGS
1. A monthly rental of $5 shall be payable half-yearly in advance for
each buoy and the moorings thereof sanctioned by the Harbour Master.
No fees shall be chargeable on buoys and moorings used solely for warping purposes, provided such buoys and moorings shall not, under
any pretence whatever, be used for any other purpose than warping.
2. All moorings and buoys shall be kept and maintained in good
condition and in proper position by the owners thereof and at their own
expense.
3. It shall be lawful for the Harbour Master to inspect and require
repairs if necessary to be effected to any buoys and moorings and to
require the same if necessary to be relaid and removed.
4. It shall be lawful for the owner of any buoy and moorings so
sanctioned as aforesaid to permit other vessels to make use of the same
on such terms as he may think fit.
Table P. [ss.32(1) & 43(3).]
1. All ships which enter the waters of the Colony, except British and
foreign ships of war, shall pay the following dues, viz:-
2 cents per ton.
2. Such dues shall be paid either at the time of entry or at the time
of clearance.
3. All river steamers which enter the waters of the Colony by day or
by night, shall pay five-sixths of a cent per ton.
Table Q. [s.36(12)]
RULES FOR THE STORAGE OF GUNPOWDER AND EXPLOSIVES IN
THE GOVERNMENT GUNPOWDER DEPOTS.
1. The officers and men belonging to a Government Gunpowder
Depot and to every vessel receiving, or discharging explosives out of or
into such depot, shall, unless cause is shewn to the staisfaction of the
Harbour Master, be at such depot and on board such vessel.
2. During the time that explosives are being received or idscharged,
no person shall, in a depot or on board of nay vessel receiving or dis-
charging the same, or engaged in transshipment 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 smoke in a depot
or on board of any vessel reveiving or discharging explosives or engaged
in transshipment thereof, nor shall any person in a depot or on board of
any such vessel be employed about any work other than and except the
receipt, discharge, or transshipment aforesaid.
4. The cargo of every vessel employed in the transshipment of ex-
plosives shall, on her arrival at the depot, be immediately discharged
by the owners or consignees of such cargo and shall be then delivered
into the dep6t, and if the owner or consignee of such cargo fails in
doing so, it shall be lawful for the Harbour Master or his deputy to
have the same discharged and delivered into the depot at the expense
of the said owner or consignce.
5. When explosives are being received into or discharged out of the
depot, the owner or the consignee of the same sliall attend at the
depot, or shall send a responsible representative instead, and any ques-
tion Mch may arise as to the ntunber or weight of cases or kegs
received at or delivered out of the depot shall be decided at the time
by such owner or his representative, and the officer in charge of the
depot, who shall if necessary refer the sanic to the Harbour Master.
6. No person shall, without the consent in writing of the Harbour
A1aster, open ally package in a depot.
7. With reference to section 36 (10) of the Ordinance to prohibiting the
keeping of more than 20 Ibs. of gunpowder on land, it is hereby directed
that such gunpowder shall not be kept in any package other than one
composed of, copper, or brass, and that the said package shall be
placed in a safe and convenient position. beyond the reach of fire, or
accidents from lights, etc.
8. During the time any explosives are waterborne in the waters of
the Colony on board of any vessel, either for the purpose of, or in the
course of, carriage, landing, shipment, transshipment, or movement
from one place to another, or otherwise, they shall be protected either
by being stowed under hatches, or by being covered with serviceable
tarpaulins, and no fires or lights shall be, inade or itsed on board
any such vessel unless 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 or inter-
ruption or anchoring to her destination.
Table R.
SCALE OF CHARGES FOR THE STORAGE OF GUNPOWDER AND SAFETY
CAETRIDGES IN THE GOVERNMENT DEPOTS.
Packages containing 25 Ibs. and less of loose gunpowder... 7 cents
Packages containing 25 Ibs and less of gunpuder in tins, 10 cents
Packagen containing more than 25 Ihs. and less than 50 Ibs.
of loose gunpowder, ...................................... 14 cents
Packages containing more than 25 Ibs and less than 50 Ibs
of gunpowder in this,..................................... 16 cents
Packages containing 50 Ibs, and less than 75 Ibs. of gun-
powder in tins,.......................................... 20 cents
Packages containing 75 Ibs, and less than 75 Ibs. of loose
gunpowder,............................................... 22 cents
Packages containing 75 lbs. and less than 100 1bc. of loose
gunpowder . ............................................. 26 cents
Packagres containing 75 lbs. and less tban 100 Ibs. of gun-
powder in tins.......................................... 28 cents
* As amended by G. N. 169 of 1908.
and so on, increasing by G cents, per package for each 25 Ibs. of gun-
powder, up to and in excess of 100 lbs. according as the gunpowder
may be loose or in tins.
Packages containing safely cartridges to be charged per 25 Ibs.
6 cents a month or fraction of a month. Packages of detona-
tors 9 cents for 25 lbs. weight.
The weight of the various packages will be, determined It the time
of storing, and no alteration will be allowed after they have been
received into the magazine.
The Government will not be, responsible for dainage by explosion, or
by insufficient or improper packing; and, as wooden packages are liable
to the attacks of white ants, they should be tin-lined, and the lining
should be intact.
SCALE OF CHARGES FOR THE STORAGE OF OTHER EXPLOSIVES.
Nitro-glyeerine, or glonoine oil, gun cotton, fulminating Mercury,
dynamite, lithorfractour, Horsley's patent blasting powder, &c., &c.
Cases of the above containing 25 Lbs. or less ........... 16 cents
Cases contaiviiing more than 25 lbs. and less than
50 Ibs .......................................... 28 cents
Cases containing 50 Ibs. and less than 75 Ibs,..... 40 cents
Cases containing 75 Ibs. and less than 100 Ibs..... 52 cents
and so on, inereasing by 12 cents per package for each 25 Ibs.weight.
The weight of the various packages will be determined at the time of
storing, and no alteration will be allowed after they have been received
into the magazine.
The Government will nut be rosponsible for damage by explosion, or
by insufficient or improper packing; and as wooden packages are liable
to the attacks of white ants, they should be tin-lined, and the lining
should be intact.
Table S.
[s. 39 (2).]
ANCHORAGES FOR JUNES.
I.- Victoria
'Northern Boundary' - The south line of the Central Fairway.
'Southern Boundary' - An imaginary straight line 250 yards from
a Parallel to the Praya Wall.
'Eastern Boundary ' - An straight line in continuation
of 'Pasig' Wharf.
'Western Boundary.' - As far as the Harbour Master shall think
fit.
* As amended by G. N. 169 of 1908 Attid No. 17 of 1912.
II.- Yaumati.
'Northern Boundary' - An imaginary straight line between the
White Rock ar Tai-kok-tsui and the southernmost point of Stonecut
ters Island.
'Southern Boundary' - an imaginary straight line between Yau-
mati Police Station and the southermost point of Stonecutters Island.
'Western Boundary' - An imaginary straight line between the
custom House at Lai Chi Kok and the Kowloon Godown flag-staff
intersected by the Northern and Southern Boundaries
Between 9 p.m. and 5 a.m. a clear passage of 60 yards frow the shore
shall be kept.
III - Sam Shui Po
'Southern Boundary' - An imaginary straight line between the
Harbour Master's Station at Sarn Shui Po and the High Rock at north
cast point of Stonecutters Island intersected by the Western Boundary.
' Western Boundary '.- An imaginary staight between the
Custom House at Lai Chi Kok and the Kowloon Godown flag-staff.
IV - Other Harbour Master's Stations.
As the Harbour Alaster may direct.
Table T. [s.39.]
1-TABLE OF FEE'S FOR JUNK LICENCES.
Trading Trading Fishing
Licences Licences. Licences.
One year. One vayage.
Under 100 piculs,..........$ 6.00 $1.00 $1.00
From 100 to 200,.......... 8.00 1.25 1.00
From 200 to 300,.......... 10.00 1.50 2.00
From 300 to 400,........... 12.00 1.75 2.00
From 400 to 500,...........14.00 2.00 3.00
,, 500 to 600,...........16.00 2.25 3.00
,, 600 to 700,............18.00 2.50 4.00
,, 700 to 800,.............20.00 2.75 4.00
,, 800 to 900,.............22.00 3.00 5.00
,, 900 to 1,000,............24.00 3.25 5.00
,, 1,000 to 2,000,......... 26.00 3.50 6.00
,, 2,000 to 3,000,.......... 28.00 3.75 6.00
,, 3000 to 4000,............ 30.00 4.00 7.00
,, 4000 to 5000,............ 32.00 4.25 7.00
,, 5000 to 6000,.............34.00 4.50 8.00
,, 6000 to 7000,.............36.00 4.75 8.00
,, 7000 to 8000,............ 38.00 5.00 9.00
,, 8000 to 9000,............ 40.00 5.00 9.00
,, 9000 to 10000............ 42.00 5.00 10.00
Over 10000 piculas............. 44.00 5.00 10.00
* As amended by G. N. 122
In the case of Trading Junk Licences the above fees include the
annual fee of $3 hitherto charged for Special Permits.
Special Permit for Licensed Fishing Junks, 25 cents,
2-FEES FOR PAINTING NUMBERS ON JUXICS AND OTHER VESSELS.
The paintin- and branding of number upon Junks and other vessels,
as required by sub-sections (5), (6) and (7) of section 30, shall be done
to the satisfaction of the and by persons duly in-
structed in that behalf by him. The scale of fees for such painting
shall be as follows :-
for Trading Junks and fishing Junks 100 piculs, 30 cents.
do, do., of 100 piculs aud above, 50 cents
for Lighters, Cargo Boats, Water Boats, other Boats,
Boals (A and B), Village Boats, Fish-Drying
Hulks, Cinder, Bum, Hawker, and Marine Dealers'
Boats,.......................................25 cents
3. - FORM OF SPECIAL PERMIT.
AUDIT NO. Date........ Audit No. Date........
Special permission is hereby
Junk No. Junk No.
Special Permit to granted to
Boat No. Boat No.
for.................... for..........................
....................... .............................
Fee, 25 cents Fee, 25 cents.
Received. Received.
Shroff. for Harbour Master. Shroff. for Harbour Master.
4- FORM OF LICEN BOOKS.
A.- For Trading or Fishing Junks.
(Cover.)
Hongkong Government.
Trading
Junk Licence Book
Fishing
No.....................
(Back of Cover.)
Government of Hongkong.
............. Junk Licence No . ..................
Inside of Cover.
Conditions.
1. This Licence must be deposited at the, Harbour Master's Office,
or at one of the Harbour Master's Stations, on each occasion upon
which the junk to which it is issued arrives at or in the vicinity of such
office or Rtation, and the master of such junh shall thereupon give
such information as to his late voyage, the cargo and passengers carried,
and the arms, etc., on board as may be demanded of him. This
Licence will be returned to him, on clearance, after similar informa-
tion from him has been given as to his projected voyage.
2. No junk shall leave the waters of the Colony or be under way
within those water, (except by reason of stress of weather) without
Imving her Licence on hoard.
3. This Licence is to be produced, on demand, to every Harbour or
Police or Revenue. Officer in the waters of the Colony.
4. This Licence is not transferable. It is vabd only for the junk to
which it is issued, and to her only for so long as she remains the pro-
pertY of the owner named. therein.
5. In the event of a change of ownership, or should the junk to which
this Licence is issued be, lost or broken up, this book, if available, must
be returned to the Harbour Master's Office, or to the nearest Harbour
Master's Station.
6. A change of master is to be reported at once, and the Licence en-
dorsed accordingly.
7. In addition to the licence fee, a fee of $1 will be charged for each
Licence, Book issued to any junk. When it has all its pages filled a
new Licence Book will be, substituted. Should this book be lost,
damaged, or destroyed, a new Licence Boole will be issued only at the
Harbour Master's or Station, for which $10 will be charged.
8. The crew of the junk to whcih this Licence is issued are to use
their unmost endeavour to save life.
9. The junk shall not carry stink-pots.
Habour Master.
(Sheet 1)
No. of Licence.
Name of Junk
Do. Owner Length
Residence of Owner Breadth
Name of Master Capacity piculs.
Agent in Hongkong of
Over 15.......... Over 15..........
Crew: Males Females
Under 15......... Under 15.........
Armament.
Cannons No. Muskets No.
shot Ibs. Bullets Ibs
Rifles No. Revolvers No.
Cartridges for No. Cartridges for NO.
Cartrodges for Ibs, Percussion caps Boxes.
Gingalls No. Blunderbusses No.
Swords No. Pikes No.
Spears No. Shields, No.
Rockets Blue Lights
Fees $1.
Date of Issue 19 .
Habour Master
For attachment of
Receipt for Licence
Fees.
(Sheet 2.)
Number branded on .............date 19 .
Number painted on bows and stern....date 19 .
Number repainted .................. date 19 .
Alterations in Armament.
( Date and authority to be inserted on each occasion.)
(Sheet 3.)
Changes of master, or Owner, and other leaditig events in history
of junk.
(Sheet 4.)
Name of Station Date of Arrival 19 .
from Cargo
To Date of Departure 19 .
Cargo
Fee paid $ Signature.
B.-For Sampans or Small Boats.
(Cover.)
Hongkong Government.
.......
Boat Licence.
........
No.................
(Back of Cover.)
Government of Hongkong,
............. Licence No . ..................
(Inside of Cover.)
Conditions.
1. This Licence must be kept on board.
2. This Licence is to be. produced, on demand, to every
Harbour or Police or Revenue Officer in the waters of the
Colony.
3. This Licence is valid only for the ......................... to
which it is issued.
4. In the event of change of ownership, or should the
..................boat to which this Licence is issued be lost or
broken tip, this book, if available, inust be returned to the
Office.
5. Change of master must be reported and alteration made
in this Licence.
6. This .................. boat is allowed to carry ..................
passengers.
(Sheet 1)
No. of Licence, .................
Name of ........................ boat (if any) .........
Name of Owner . ...........
Residence of Owner . .....
Name of Master ...........
Residence of Alaster . ......
Length ..........................
Breadth .........................
Capacity,..............piculs.
Over 15,...... Over 15........
Crew: Males,.. Females,......
Under 15,..... Under 15,......
Received Fee $1.00.
Shroff.
Date ...............................
for Harbour Master
(Sheet 2.)
For attachment of Receipt
for Liceuee Fee.
For record of changes and events
(Sheet 3.)
For record of changes and events
C.- For Lighters, Cargo Boats, Hulks and all other boats to
which Forms A and B do not apply,
(Cover.)
Hongkong Government
(Back of Cover.)
Government of Hongkong.
Licence No..............
(Inside of Cover.)
Conditions.
1. This Licence must be kept on board.
2. This Licence is to he prodiiced, on dernand, to every Harbour or
Police or Revenue Officer in the waters of the Colony.
3. This Licence, is valid only for the...................to
which it is issued.
4. In the event of any change of ownership, or should the ...............
boat to which this is issued be lost or broken up, this book, if available,
must be returned to the Habour Office.
5. Change of master must be reported and alteration made in this
Licence.
6. This ..................boat is allowed to carry....... passengers.
(Sheet 1.)
No. of Licence . ...........................
Narne of .....boat, (if any)................
Name of Owner, ............................
Residence of Owner,..........................
Name of Master ............................
Residence of Master,......................
Length ,..................................
Brendth,................................
Capacity,.............................piculs
Over 15,....... Over 15..........
Crew - males, Females,...
Under 15,....... Under 15.........
Received Fee for Licence $1.00.
Shroff.
Date, .............
for Harbour Master.
(Sheet 2.)
For attachment of Receipt
for Licence Fee.
(Sheet 3.)
For record of changes and events.
Table U. [ss. 28, 39 and 43.]
Regulations for the Licensing, Management, and Control of Junks
and other Chinese Vessels.
GENERAL.
l. All vessels referred to in these Regulations must be duly licensed
as therein directed. No person. shall engage or let out for hire any
vessel unless it has been licensed according to these Regulations.
The word 'vessels' in this Table shall have the same meaning as
in section 39 (1) of the Ordinance.
All licences shall be kept in a Licence Book which shall be in one of
the forms in Table T. For the issue of each Licence Book 1 dollar
shall be charged. If the, Licence Book is damaged defaced or lost a
new one will be issued for which 10 dollars will be charged.
2. Every person in charge of a licensed vessel must stop and show
his licence when requited to do so by any Police Officer or by any
officer of the Harbour Department, or by any Revenue Officer, or by
the employer of such vessel, each of whom is hereby empowered to
board and examine such vessel.
3. All vessels may be stopped and searehed by any Police Officor or
by any officer of the Ilarbour Department, or by any Revenue Officer,
and every person in or on board such vessel shall answer truly all
questions put to him by such officer as to the ownership of such vessel,
and any such answer may be given in evidence in any proceedings
thereafter instituted against any person in or on board of such vessel
at the time when she was so searched.
4. For any breach of these Regulations the licensee or owner or any
of the crew of a licensed vessel shall be liable to be prosecuted before
a Magistrate, and, if found guilty, to be punished accordingly.
5. Any breach of these Regulations shall be punishable with a
penalty not exceeding 100 dollars.
6. Licences shall be issued by the Harbour Master on production.of
a certificate from the Inspector of Junks stating the particulars re-
quired by the form hereto annexed. Each licence shall be numbered
and shall not be transferable.
7. Whenever any licence issued under these Regulations has been
lost or destroyed, a duplicate thereof may be granted by the proper
officer if he is satisfied of such loss or destruction, upon payment of
one-tenth of the original fee, in no case exceedin $1.
8. The issue of a licence shall be in the diserehion of the Ilarbour
Master, and any licence may be suspended or cancelled by him, if it is
As amended by G. N. 122 of 1912, No. 8 of 1912, No. 43 of 1912
and No. 48 of 1912 Supp, Sched.
proved to his satisfaction after due enquiry that the licensee or one of
the crew of the vessel has been guilty of any breach of these Regula-
tions or of misconduct in connection with the requirements thereof.
9. Licences shall state the length, breadth, depth, and measurement
in piculs of the vessel and shall be valid for one year only or for such
less poriod as shall, nanied in the licence. For those inentioned
under Classes I, III and IV hereafter indicated licences will be issued
from 1st July, and for the remaining Classes from 1st April. Half-
yearly licences may be issued at the discretion of the Harbour Master.
10. Every vessel, for which a licence has been granted, shall carry
on each bow and on the stern the number of the licence legibly painted
to the satisfaction of the Harbour Master, and branded on the hull in
figures 2 inches in length. Such number shall be the only one per-
mitted and shall not be concealed.
The number shall be painted by persons duly authorised in that be-
half by the Harbour Master, and such fees shall be charged as set
out in Table T.
11. No vessel shall ply for hire within 800 feet of any ship of war
without the written permission of the Harbour Master or of the officer
in command of such ship of war.
12. Ever vessel, when lying alongside any ship or landing place,
or at anchor within the waters of the Colony, shall keep he 'Yulu'
out of water and rigged in so as not to project out-board.
13. All vessels licensed under these Regulations on leaving or enter-
ing any port within the waters of the Colony, except when actually
converying or in the employ of pleasure parties, shall comply with the
provisions of section 39 of the Ordinance relating to the entry and
clearance of junks.
13a. The Harbour Master may from time to time on payment of a
fee of 25 cents grant to any junk or vessel licensed under section 39
a monthly permit which shall allow such vessel to trade between ports
or places in the Colony without a clearance.
14. Every vessel other than a junk shall when under way, between
sunset and sunrise, exhibit a white light at the bow visible all round
at a height of not less than 3 feet above the gunwale. If of 150 feet
or upwards in length, she shall exhibit 2 such lights, one at the bow
and one at the stern, the former being not less than 20 and not, more
than 40 feet above the hull and the latter not less than 15 feet lower
than the former. Every vessel propelled by oars at anchor or at moor-
ings or alongside any wharf shall between sunset and sunrise exhibit
a white light at the bow visible all round at a height of not less than
3 feet above the gunwale.
15. If the vessel is propelled or pumped by steam power the boiler
must be surveyed as provided by section 37 (21) of the Ordinance, and
the certificate must be produced to the Harbour Master.
16. The licence of a vessel propelled or pumped by steam shall by
liable to be cancelled or suspended at any time by the Harbour Master,
on the report of the Government Marine Surveyor that in his opinion
the vessel is not fit for the service for which she is intended.
17. The number of adult persons or passengers taken or carried in
any vessel within the waters of the Colony shall not exceed,-
(a) in the case of vessels not exceeding 150 piculs, one passenger for
every 10 piculs with an additional crew allowance of 4 adults;
(b) in the case of vessels exceeding 150 piculs and not exceeding
1,000 piculs, one passenger for every 10 piculs with an additional crew
allowance of 8 adults;
(c) in the case of vessels exceeding 1,000 piculs, one passenger for
every 10 piculs with all additional crew allowance of 15 adults.
CLASS I - PASSENGER BOATS.
18. No passenger boat shall carry more than the number of
passengers for which it is licensed, and shall not Carry any Cargo
except passengers' baggage.
19. Every passenger boat shall go alongside a wharf when ordered
to do so by all Officer of Police and shall, when Conveying passengers,
be carefully steered, and travel with reasonable expedition.
20. Every passenger boat shall, as regards repair and cleanliness, be
kept in a state fit for public use.
21. Every passenger boat shall, between sunset and sunrise, keep a
lighted lantern with the licence number either painted on the glass or
cut in on the frame in figures at least 2 inelies in height, to be produced
when dernanded.
22. No person in charge of a passenger boat shall demand more than
the fare provided by these Regulations, nor shall he refuse to take a
passenger, except for some reasonable cause, anywhere between the
north point of Hongkong and Hung Hom point on the cast; Belelier's
Bay and the west point of Stonecutters Island on the west; Sham-
shui-po and the west point of Stonecutters Island on the north,
23. Passenger boats when engaged by ships of war or other vessels
for their exclusive use shall surrender their licence to the Harbour
Master, and shall be given a permit stating the name of the ship for
which they are engaged, and whilst holding such a permit passenger
boats shall not be permitted to take casual passengers.
24. Passenger boats shall be divided into two classes- A and B.
25. Class A passenger boats shall carry not less than 2 males between
the ages of 15 and 60 as part of the crew.
26. No passenger boat other than a passenger boat in Class A shall
be permitted to take on board passengers at any point of the Praya
between Ship Street Pier on the east and New Harbour Office Pier on
the west,
27. No passenger boat other than a passenger boat in Class A shall
be permitted to anchor or remain stationary within 100 yards of the
Praya between Ship Street on the east and New Harbour Office Pier
on the west.
28. The followinc, is the Table of Fares, for passenger boats:-
For 1st class boats,
For 2nd class boats,
For all other boats,
PER DAY of 12 hours.
Class A
For 1st class boats,....................$3.00
For 2nd class boats,..................... 2.00
For all other boats,..................... 1.50
Class B.
For 1st class boats,....................$3.00
For 2nd class boats,..................... 2.00
For all other boats,..................... 1.50
PER Hour or LESS
Class A.
Per hour with 2 passengers ............ 40 cents.
Per half-hour,......................... 20 cents.
For each extra passenger, 10 cents for half-an-hour; 20 cents per
hour.
Between sunset and sunrise, 10 cents extra per passenger.
Class B.
Per hour with 2 passengers .................20 cents.
Per half-hour ............................. 10 cents.
For each extra passenger, 5 cents for half-an-hour; 10 cents for an
hour.
Between sunset and sunrise, 10 cents extra per passenger.
'1st Class Boats' are those measuring 30 feet and over in length.
'2nd Class Boats' are those measuring from 20 to 30 feet in length.
'All other Boats' are those of under 20 feet in length.
29. The table of fares shall be hung conspicuously in the boat and
sliall be shown to anyone demanding to see it.
30. The following licence fees shall be charged in respect of passen-
ger boat licences :-
For boats in class A, $3 for each 10 foot or part of 10 feet in length,
with a minimun fee, of $3, and a maximum fee of $15.
For boats in class B, $2 for each 10 feet or part of 10 feet in length,
with a minimum fee of $2, and a maximum fee of $10.
Village boats . ........$1.
30a. No vessel in this class shall without lawful authority or reason-
able excuse approach within 30 feet of any steamship lying at anchor
or at moorings or alongside any wharf at Kowloon.
CLASS II- LIGHTER, CARGO BOATS AND WATER BOATS.
31. No vessel in this class shall have a false bottom or any other
secret compartment for the concealment of goods or persons.
32. No licensee of a cargo boat shall refuse to lot his boat, except
for some reasonable cause.
33. Lighters and cargo boats will be allowed to carry as passengers
only such persons as may be in charge of goods or baggage for the
conveyance of which the boat is hired or used, or who may be required
or may have been required to assist in loading or unloading.
34. The following is the maximum scale of hire for cargo boats:-
Boat of 800 piculs and upwards,
Per day or
night of per
12 hours load.
boat of 800 piculs and upwards.......... $ 10.00 $ 5.00
Boat of under 800 and not less than 500 piculs, 5.00 3.00
Boat of under 500 and not less than 100 piculs, 3.00 2.00
Boat of under 100 piculas,.................... 1.00 1.50
35. The following licence fees shall be charged:-
Under 100 piculs, .................$ 6
From 100 to 200 piculs,............ 10
200 to 300 piculs,............. 14
300 to 400 piculs,............. 18
400 to 500 piculs, ............ 22
500 to 600 piculs,............. 26
600 to 700 piculs,............. 30
700 to 800 piculs,............. 34
800 to 900 piculs, .............38
900 to 1,000 piculs,............42
1,000 to 2,000 ,,............... 46
2,000 to 3,000 ,,............... 50
3,000 to 4,000 ,, .............. 54
4,000 to 5,000 ,, .............. 58
5,000 to 6,000 ,,............... 62
6,000 to 7,000 ,,............... 66
7,000 to 8,000 ,, ............. 70
8,000 to 9,000 ,, ............. 74
9,000 to 10,000 ,, ............ 78
Over 10,000 piculs . ................ 82
N.B.- A cargo boat exceeding 2,000 piculs shall be deemed to be a
'Lighter'.
CLASS III-CINDER BOATS, Bum BOATS, HAWKERS' BOATS,
AND MARINE DEALERS' BOATS.
36. Every boat in this class shall keep a lighted lantern with the
licence number either painted on the glass or cut in on the frame in
figures at least inches 2 in height, to be produced wben dmanded.
37. No boat in this class shall carry more than the number of persons
for which she is licensed.
38. The, following licence, foes shall be, charged :
$1 for each 10 feet or part of 10 feet in length, with a
minimum of $1 and a maximum of $5.
38a. No vessel in this class shall without lawful authoribly or reason
able excuse.30 feet of any steamship lying, at anchor
or at moorings or alongside any wharf at Kowloon.
CLASS IV -- FISH DRYING AND OTHER VESSELS USED AS HULKS
39. The following licence fees shall be cliarged for vessels in this
class:-
Under 100 piculs, .................$ 3
From 100 to 200 piculs,............ 4
200 to 300 piculs,............. 5
300 to 400 piculs,............. 6
400 to 500 piculs, ............ 7
500 to 600 piculs,............. 8
600 to 700 piculs,............. 9
700 to 800 piculs,............. 10
800 to 900 piculs, .............11
900 to 1,000 piculs,............12
1,000 to 2,000 ,,...............15
2,000 to 3,000 ,,...............18
3,000 to 4,000 ,, ..............21
4,000 to 5,000 ,, ..............24
5,000 to 6,000 ,,...............27
6,000 to 7,000 ,,...............30
7,000 to 8,000 ,, ............. 33
8,000 to 9,000 ,, ............. 36
9,000 to 10,000 ,, ............ 39
Over 10,000 piculs . ................ 42
CLASS V--ALL OTHER VESSELS OF ANY DESCRIPTION AND USED
FOR ANY PURPOSE NOT ALREADY SPECIFIED (EXCEPT
BONA FIDE PLEASURE BOATS).
40. N0 vessel in this class shall without lawful authority or reason-
able excuse approach within 30 feet of any steamship lying at anchor
or at moorings or alongside any wharf at kowloon.
41. No vessel in this class sball carry more, than the number of per-
sons for which it is licensed.
C. The licence fees to be charged for vessels in this class shall be
half those, provided for Lighters.
Table V. [s. 29.1]
RULES FOR FISHING IN THE WATERS OF THE COLONY.
1. In these Rules the following terms shall have, the meanings hereby
assigned to them
An 'inshore stake-net' is a net which is attached to poles, and
is Worked by a stationed on shore or in less than 3
fathoms of water.
An ' offshore stake-net' is a net which is attached to poles, and
which is worked by a windlass stationed in more than 3 fathoms of
water.
A 'line of stakes and nets' is a net or nets attached to a line of
stakes which are driven into the foreshore or sea bed.
The expression 'stake-net' includes an inshore stake-net, an off-
shore stake-net and a line of stakes and neLs.
A 'seine net' is a net not, less than 100 feet in length by 3 feet in
width, which is shot from a boat, and hauled by both ends to the shore.
2. Owners of stake-nets and seine, nets shall pay to the Harbour
Master annual licence fees commencing from 1st June in each year in
accordance with the table annexed
3. Licenes shall not be transferable and shall specify th exact
place in which they may be used,
4. No new stake-net shall be erected without the permission in writ-
ing of the Harbour Master, which permission shall state the class of
net and the place in which it is to be used.
5. No new stake-net shall be erected witbin 200 yards of an
existing stake-net without the consent of the owner thereof.
6. Every stake-net shall exhibit between sunset and sunrise a brunt
white light visable in all directions seaward for at least one mile.
7. Every stake-net shall exhibit conspicuously a board shewing the
licence number of the stake-net
8. The Harbour Master may order the removal of stakes when not
in use.
9. No person shall within the waters of the Colony kill or take any
fish by means of any explosive whatsoever.
As by (1, N. 169 oF ISM8, 5t of 1911 and No. 43 (1
1912 Supp. Selle(j.
10. Annual licence fees-
inshore stake-net, $2.
offshore stake-net, if in less than 5 fathoms of water $4; otherwise
$5.
line of stakes and nets, if removed daily, $1 for every 100 yards; if
not removed daily, $1 for every 10 yards.
REGULATION, CONTROL, AND LICENSING OF OYSTER FISHERIFS AT
DEEP BAY AND 0THER PLACES IN THE NEW TERRITORIES,
11. No person shall carry on any of the operations of oyster rearing
or fishing in the New Territories unless:-
(a) such person shall have taken out a licence for doing the same
which may be in the form in the schedule;
(b) the condition under which such licences are issued are complied
with.
12. Such licence shall be granted by the Colonial Secretary to such
persons, and for such period and upon payment in advance of such fees,
as may be approved by the Governor.
13. Such fees shall be paid to the Treasurer or such officer as he
may depute for that purpose.
14. If any licensee commits any breach of these Rules his
licence may be forfeited and cancelled by the Governor, in addition to
any other penalty to which he may be liable by law.
Form A.
Licence for Oyster Fisheries.
is hereby liceinsed to conduct an Oyster Fishery, and make and Main-
tain Olyster Beds, within the following
This licenee will be in force from the day of until the day of
, 19 .
Conditions of Licence.
1. The limits of each oyster bed are to be severally and distinctly marked out by
bamboos or by other equally efficient means. Such marks must be kept in a good
state of repair, project at least 2 feet above the high water mark, and must not form
a danger to navigation.
2. No obstruction, by oyster beds, or the deposit of oyster shells shall be caused to
the channel used for navigation, which must be allowed to remain free from obstruc-
tion. No oyster bed shall be allowed in any slich Position as in the opinion of the
Harbour Master interferes with navigrition.
3. Unless the licelisee is a native of and remides in Hongkong or the New Territories
he shall upon his licence being granted to him deposit with the Treasurer a sum of
$100 as security for his due attendance before the Assistant Land Officer whenever
required, such sum of $100 to be forfeited to the Colonial Govenment if and whenever
the licensee fails to attend when so required.
Table W. [s.21]
LIST OF PORTS OF THE COLONY.
Victoria, within Harbour Limits Cheung Chau
Aberdeen. Tai O.
Stanley. Tai Po.
shaukiwan. Saikung.
Deep Bay. Junk Bay.
Table X. [s. 25(4).]
HABOURS OF REFUGE.
1. The Harbours of Refuge are for the purpose of affording shelter to
shall craft during bad weather, and shall not be, used at any other
time without the special permission in writing of the Harbour Master.
2. No vessel, so long is any space reinains vacant in a Harbour of
Refuge, shall anchor, secure, or he in such a position as may obstruct
the free access of other vessels to such vacant space.
3. Nothing in these Regulations shall prevent any vessel using any
recognised pier or landing place within the limits of a Harbour of
Refuge for the purpose of landing or embarking cargo or passengers, so
long as such vessel shall not remain within such limits Jonger than is
absolutely necessary for such landing or embarking.
4. Any breach of these Rogtilations shall be punishable, on summary
conviction, by a fine not exceeding $100, or by imprisonment for any
term not exceeding 3 months.
No. 11 of 1899.
To make provision with respect to piers.
[In force 1st January, 1900.]
1. Tho Piers Ordinance, 1899.
2. In this Ordinance,-
'Pier' includes every pier and wharf of whatever description,
except a pier or wharf belonging to tbe Grovernment or to the naval
or military authorities
'Crown foreshore' includes Crown land covered with water
below ordinary low-water niark.
As ainendeel by G. N. 169 of 1908.
A,,~ by fl, N. MG of 15)08 and No. 30 of 1911.
As anicuded by No. 16 of 11j12,
Short title. Interpretation of terms. [s.2 contd.] Certificate of licence required by ship in waters of the Colony. Qualifications for holding certificate of colonial registry. Declaration necessary for colonial registry. [s.3 contd.] Documents necessary for colonial registry. Surveyor's certificate. Marking of ship. Production of certificate of colonial registry to Harbour Master. Proof of register, etc. [s.3 contd.] Use of British flag. Change of owner or master. Carrying of passengers by colonial ship. Colonial ship to be subject to the Ordinance, and Acts. Duration of certificate of colonial registry. Consent to prosecution. Master, mate, and engineer to possess certificate. Certificated officers of British ship, colonial ship exceeding 60 tons, and foreign ship holding passenger certificate. River steamers. [s.4 contd.] Trawlers. Certificated colonial ship not exceeding 60 tons. River steamers. Ship leaving without certificated officers. [s.4 contd.] Penalty on employment of uncertificated person. Use of official log as evidence. Examination 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. [s.4 contd.] Fees 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 be made for seamen. M.S.Act. 1894, s. 113. Penalty for shipping without agreement. [ib.] Fees payable on engagement and discharge. Payment and deduction of fees. [s.5 contd.] 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 account of wages. Penalty 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. [s.6 contd.] Table K. Penalty for keeping unlicensed boarding-house. Duties of boarding-house keeper. Certificated officer may lodge elsewhere. Relief of seamen belonging to vessel registered in the Colony. Payment of expenses incurred in the Colony for relief of such semen. 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. 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. [s.8 contd.] Keeper of licensed boarding-house to report state of boarders' health. Penalty on seaman for obstructing 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. [s.9 contd.] Ship or house may be searched for deserter. Penalty on person harbouring deserter. [s.9 contd.] Harbour Master may require master to search for suspected deserters, and to make declaration of search. Offences against discipline. M.S.Act, 1894, s. 221. Ib. ib.s.225. [s.9 contd.] M.S.Act, 1894, s. 225. Payment of expenses. Definition. Passenger ship to be surveyed once a year. M.S. Act. 1894, s. 271(1)(a). Passenger ship not to clear without certificates of survey. Ib.s.271(1)(b)(2). [s.10 contd.] Appointment and remuneration of surveyors. Surveyor to have power to inspect ship, etc. Governor to regulate mode of survey. Table C. Penalty for wrongfully receiving or offering fees. Owner to have survey made by surveyor, and surveyor to give. [s.10 contd.] certain declarations as to hull and equipments. 18 & 19 Vict.c.104. No. 1 of 1889. Table D. [s.10 contd.] Transmission of declarations to Colonial Secretary. Issue of certificate. Transmission of certificate to Harbour Master. Appeal to Court to Survey. [s.10 contd.] 18 & 19 Vict.c.104. No.1 of 1889. Table H. Report of Court of Survey. Costs. No appeal in certain case. Objection to constitution of Court. Fees to be paid for certificate. Table C. [s.10 contd.] 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. Punishment for false declaration. Report to Harbour Master of accident to passenger ship. M.S. Act, 1894, s. 425. Further penalties for non-compliance with provisions relating to passenger surveys and certificates. Penalties for carrying passengers in excess of complement. Equipment of passenger ship. [s.11 contd.] Safety valve. Adjustment of compasses. Fire hose. Signals. Shelter for deck passengers. 18 & 19 Vict.c. 104. Penalty for inadequate equipment. In case of non-compliance Harbour Master to refuse clearance. 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. Table A. [s.13 contd.] Classes of ship. Boats, etc. Life-saving apparatus. Duties of owner and master. Penalty for neglect. M.S.Act. 1894, s. 430. [s.13 contd.] Inspection by surveyor. Notice of deficiency. Harbour Master not to clear ship not complying with above provisions. Entry in log-book of boat drill and inspection of life-saving appliances. Production of record. Penalty. M.S.Act, 1906, s. 4. [Act of 1894, Part V.] 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. [s.14 contd.] Penalty for inaccurate marks. Submerged load-line. M.S.Act, 1894, s. 439. Delivery of written statement to Harbours Master. Government Marine Surveyor to approve and certify on behalf of Governor. Ship to be kept marked. Definition of 'amidships.' [Act of 1894, s. 734.] Restriction on carriage of dangerous goods. Penalty for misdescription of dangerous goods. Power to refuse to carry suspected goods. Ship with dangerous goods not to carry more than 20 passengers. Power to throw over-board dangerous goods. Forfeiture of dangerous goods improperly sent or carried. Court may proceed in absence of owner of goods. Saving of enactments relating to dangerous goods. Provisions as to grain cargoes. Sending unseaworthy British or colonial ship to sea a misdemeanor. Master knowingly taking unseaworthy ship to sea. [s.17 contd.] Consent of Governor to prosecution. Misdemeanor not punishable on summary conviction. Power to detain unsafe ship, and procedure for such detention. [s.17 contd.] Liability of Government and of shipowner for costs and damages. No. 3 of 1901, ss. 478-482. Power to require security for costs from complainant. Supplementary provisions as to detention of ships. [Act of 1894, s. 730.] Application to foreign ships of provisions as to detention. Exceptions. Governor may appoint Marine Court. M.S.Act, 1894, s. 478. Constitution of Court. [s.19 contd.] 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. [s.19 contd.] [Act of 1894, s. 729.] Inquiry not to be held if matter has already been subject of investigation; or if inquiry has been commenced in the United Kingdom. Grounds for cancelling or suspending certificate. Ib.s.470 [Act of 1894, s. 422.] [s.19 contd.] Decision of Court. M.S.Act, 1894, s. 470. Report to Board of Trade. Copy of report to be furnished. Board of Trade may order rehearing. Person who applies for Court to assist it. Ib.s.466. Further powers of Court. [s.19 contd.] No. 3 of 1890. Members to sign report. Delivery up of certificate. Re-hearing. Rules as to procedure, fees, etc. Table G. Opportunity for defence. Constitution, powers and procedure of Court of Survey. Rules as to procedure, fees, etc. Table H. Power to order payment of costs of investigation. No. 3 of 1890. Saving of Admiralty Jurisdiction. Declaration of ports, and prohibition of ship of junk anchoring elsewhere. Merchant vessel arriving to hoist her colours and number. Harbour Master and Health Officer to be allowed on board at once. Table K (A) Ship to be moored where ordered, and not removed without permission. [s.22 contd.] Ship to be entered within 24 hours. Directions 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. Table L. Penalty for breach; and power of police. Recovery of costs and expenses. Fairway to be kept clear. Lights on junks. Ship to exhibit light at night. Precaution in case of fire or disturbance. Governor-in-Council may make regulations. Table M. 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. Table N. Refusing to pay fare. Obstruction of wharf, improper mooring, etc. Firearms not to be used except in certain cases Table O. Harbour Master may remove obstruction, etc. Government moorings. Private moorings. Table O (a). Mooring of hulks, etc. Use of moorings. Rules. Rules for fishing stations, stakes, and nets. Power to order removal of fishing stakes. Rules for fishing generally. Boarding of vessels for police purposes. Arrest on board of offender. Authority to stop vessel. Interpretation of terms. Power to erect lighthouses, etc.; to raise necessary funds by public loan; and to advance funds out of Treasury. Owner, etc., of ship to pay dues. Table P. Power to Governor-in-Council to regulate dues. Posting of Tables and Regulations. 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. Application of ss. 31-33 to Gap Rock lighthouse. Harbour Master may prohibit false light; 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. [s.36 contd.] 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. Limited of storage without written permission. Search warrant. Regulations for carrying out provisions of s. 36. Table Q & R. Payment and recovery of sums for storage. Penalty. Saving of 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. [s.37 contd.] Harbour master may grant licence. Regulations. Table E. Penalty for carrying passengers in excess. Penalty for unlicensed steamship carrying passengers in excess. Penalty for steamship plying with out certificated master or engineer. Table E. Undue pressure on safety valve. [s.37 contd.] Steamship to exhibit lights. Cancellation of licence, etc. Report of arrival and particulars to be furnished. [s.37 contd.] Anchorage pass. Steamship not to leave port without clearance or special permit. Night clearance. Notice of departure. Special permit. Penalty. [s.37 contd.] Improper use of licence, etc. Disobedience of order of Harbour Master. Offences against s. 37. Exemption of steamship used for pleasure. Survey of boilers of unlicensed steamship and machinery of motor boat. Use of unsurveyed ship or motor boat. Fees for survey. Exemptions. Special licence to rive steamer. Table F. Duration of licence. Penalty for exceeding number of passengers allowed by licence. Classification of junks. Tables T & U. Definition of 'master.' [s.39 contd.] Harbour Master's Stations. Anchorages for junks. Table S. Penalty for failure to take out licence. Trading junk licences. Fishing junk licence. [s.39 contd.] Licence for lighters cargo boats hulks and small boats. Regulations for licensing of junks, etc. Table U. Penalty where over-crowding results in drowning of passengers. [s.39 contd.] Report of arrival and particulars to be furnished. Flag to be hoisted before departure Clearance. Special permits. Table T. [s.39 contd.] Table T. Vessels not to leave without clearance or permit. No junk to leave at night. Penalty for unlawfully using licence, etc. Licences to other vessels. Junks and other craft to be subject to orders of Harbour Master. [s.39 contd.] Discipline of harbour. Penalty for disobeying Harbour Master's orders. Penalty for bringing mendicants, etc., into the Colony. Power to board any junk and demand inspection of documents. In case of non-payment of penalty by master, the same may be levied by sale of vessel. [s.39 contd.] Transfer to purchase upon sale of vessel. Trial of offences under this section. Penalty for infraction of sub-section. (10) or (11). Penalty for infraction of sub-section (13) or (14). Junk not carrying lights to be deemed in fault for collision. [s.39 contd.] Application of certain parts of Merchant Shipping Acts. Trial in the Colony of misdemeanors and offences under Merchant Shipping Acts and Ordinance. No. 3 of 1890. [s.41 contd.] No. 3 of 1890. Trial of offences and recovery of penalties, expenses, etc., under the Ordinance. No. 3 of 1890. Penalty for offences not specially provided for. Service of documents. Obstructing service. [s.41 contd.] Power to detain ship in certain cases. M.S.Act, 1894, s. 692(3). Penalty for taking detain ship to sea. Penalty for taking to sea officer authorised to detain ship, etc. Rule as to proof of exception, etc. Forgery of certificate, etc. Power to make regulations. Power to impose penalties. Payment of remuneration to certain persons. Abstract of portions of Ordinance to be given to master on arrival. Exemptions. Application of Ordinance to ships propelled by electricity, etc. Arrangement of ships into classes. Boats to be carried under davits. Table A. Description of half of boats; and of remainder. Additional boats or life-rafts. Additional boats, etc., in case of ship with water-tight compartment. Life-buoys and life-belts to be carried. Boats to be carried under davits. Table A. Life-belts to be carried; life-buoys. Additional boats or life-rafts. Boats to be carried under davits. Buoyant deck fittings in lieu of additional boats or life-rafts. Life-buoys to be carried. Construction of boats. Table A. 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. Table A. Additional equipment for boats of section A and B. Number of persons to be carried by life-rats. Buoyant apparatus. Life-belts. Life-buoys. Position of life-belts and life-buoys. Table B. Surveys of steamships for passengers certificates. Table C. Surveys of ships under Chinese Passengers Act or Chinese Emigration Ordinance. Measurement of tonnage. Inspection of berthing or sleeping accommodation of crew. Table C. Inspection of lights and fog signals. Inspection of marking of vessels. Inspection of tracings. Survey for change of name. Recording change of name, etc. Survey for re-registry, etc. Survey before transfer to foreign flag. Minor inspection. Remeasurement of passenger accommodation. Table C. Survey of ship's bottom. Survey of boilers. Certifying load-line. Over-time service. Spaces to be allotted to passengers in ships solely employed in coasting trade. Table D. Spaces to be allotted to passengers in ships employed in foreign trade. General regulations as to accommodation for passengers. Survey for licence. Particulars in certificate of survey. Table E. Issue of licence for vessels. Painting of name, etc., on vessel. Vessel to be fit for public use. Fee for certificate. Fee for licence. Table E. Maximum scale of hire. Deduction from number of passengers. Dangerous goods not to be carried with passengers. Harbour Master may issue certificates of competency; fee for examination; photographs. Suspension or cancellation of certificates. Renewal of photograph Re-examination before engagement. Table E. Delivery up of licence in specified case. Interpretation. Reporting of name of master, etc., engaged; or discharged. Production of certificate on engagement, etc. Reporting of discharge by master, etc. Record of engagements and discharges. Certificates of competency to be on board the vessel. Exemptions. Penalty for breach of regulations. Table E. Regulations. Examination of engineers of motor boats. Harbour Master may permit engineer with master's certificate to be in charge of boat. Passengers on lower deck; on upper deck and cabins. Proviso as to number of passengers. Supply of life-boats, etc. Restriction as to decks. Deductions from number of passengers. Service of preliminary notice of Marine Court. Service of notice of holding of Court. Adjudication in absence of person served. Service of notice on certificate officers; and on other person, etc. Proceedings at investigation into shipping casualty. Table G. Proceedings at inquiry into charge of misconduct or incompetency. Restriction on power of cancelling certificate. Adjournment. Judgment. Table G. Filing of notice of appeal. Table H. Proceedings for constituting Court. Summoning of Court. Notice to complainant of hearing. Forwarding copy of report. Time for hearing. Parties to proceedings. Parties by permission. Proceedings on behalf of Governor; by complainant; by appellant. Witnesses in reply. Addresses of parties. Adjournment. Delivery of decision. Release or detention of vessel. Table H. Report to Governor. Fees. Table H. Affixing of signboard 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 board. Keeping of books and accounts. Table K. Furnishing of accounts of boarder. Exclusion of prostitutes. Closing. Prohibition of gambling and prevention of disorder. Illness of boarder. Furnishing of weekly list of seamen boarders. Restriction on discharge of boarder. Inspection of boarding-house. Posting up of rules. Penalty for infraction of rules. Fees payable by boarder. Deductions from advance. No detention of clothing. Appeal of boarder against account. Shipment of men from boarding-house. Weekly charge for board and lodging. Interpretation of terms. Flying of yellow flag on arrival. Examination by Health Officer. Proceeding to quarantine anchorage. Table L. Quarantine anchorage. Obligation to give information about vessel, etc. Examination of persons on board vessel on arrival, and proceedings thereafter. 'Infected' vessel. Table L. 'Suspected' vessel. 'Healthy' vessel. Ordering of vessel to Quarantine Anchorage. Table L. Disposal of body dead of infectious or contagious disease. No communication from outside with 'infected' or 'suspected' vessel. No communication with shore, etc., by 'infected' or 'suspected' vessel. No communication with shore, etc., by 'infected' or 'suspected' vessel. Police to prevent communication. Exemption of postal matter. Vessel with filthy passengers, etc., to go to Quarantine Anchorage. Table L. Costs and expenses of medical attendance of person removed to hospital, 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. Laichikok Observation Station. Table L. Definition of fairways. Southern and Central Fairways. Table M. Limits of Southern Fairway; of Central Fairway. Pennant to be flown in fairway. Observance of Collision Regulations, etc. Moderate speed within the harbour limits. Timber rafts, etc. Limits of Man-of-War Anchorage on North side of Victoria. Limits of Man-of-War Anchorage at Kowloon. Table M. Only His Majesty's ships to anchor. Junks and other native craft may use. Control of Danger Zone. Limits of Foreign Man-of-War Anchorage in Kowloon Bay. All vessels to be moored. No examination, etc., of shores or waters of the Colony. Landing of foreign soldiers within harbour limits. Table M. Landing outside harbour limits. Limits for Quarantine Anchorage. Limits of Dangerous Goods Anchorage. Northern Anchorage. Southern Anchorage. Eastern Anchorage. Table M. Western Anchorage. Position of Telegraph cable ground between the North Point of Hongkong and the South East Point of Kowloon; and between Taikoktsui and the eastern shore of Stonecutters Island. Anchoring forbidden. Fishing forbidden. Use of steam-whistle. Penalty. Search lights. Registration on beating of drums or gongs and on discharge of fireworks. Restriction on Naked and Portable Lights. Specification of wharves. Areas within which discharge of firearms prohibited. Proviso as to mail steamers. Rental. Maintenance. Inspection. Use by others than owner. Liability to dues. Times for payment. River steamers. Places of officers and men when explosives received or discharged. Prohibition of use of charcoal, etc. Prohibition of smoking, etc. Discharge of cargo. Attendance 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. Gunpowder loose and in tins. Safety cartridges and detonators. Government not responsible for damage. Other explosives. Weight of packages. Government not responsible for damage. Table T. Table T. Table T. Table T. Table T. Obligation to obtain licence. Licence Book. Showing of licence to certain officers. Power to stop and search. Prosecution for breach of Regulations. Penalty. Issue of licences by the Harbour Master. Issue of duplicate licence. Suspension of cancellation of licences by the Harbour Master. Table U. Particulars and duration of licences. Painting of number of licence. Painting of number by authorised person. Not to ply near ship of war. Yulu to be rigged in. Compliance with provisions as to entry and clearance. Coasting trade by junks. Exhibition of light. Survey of boilers of vessel propelled by steam. Table U. Cancellation of licence of vessel propelled by steam. Passenger and crew allowance. Number of passengers. Regulation of movements. Boat to be in a state fit for public use. Exhibition of light. Obligation as to fare and passengers. Boat to surrender licences. Classes of Passenger Boats. Crew for Class A. Table U. Limits to ply. Limits of anchorage. Tables of Fares. Exhibition of scale of fares. Licence Fees. Table U. Steamships not to be approached. Prohibition of false bottom. Obligation to let boat. Restriction on conveyance of passengers. Maximum scale of hire. Licence Fees. Table U. Exhibition of light. Number of persons to be carried. Licence Fees. Steamships not to be approached. Licence Fees. Steamships not to be approached. Number of person to be carried. Licence Fees. Interpretation of terms. Licence Fees. Licences not transferable. No new stakenet to be erected without permission. Restriction as to new stake-net. Exhibition of light. Licence number to be shown on a board. Removal of of stakes. Fishing with explosives prohibited. Table V. Licence Fees. Licences. Colonial Secretary to grant licence. Licence Fees. Cancellation of licence. Ports of the Colony. Harbours to be use in bad weather only. Vacant spaces not to be obstructed. Landing places may be used at any time. Penalty.
Abstract
Short title. Interpretation of terms. [s.2 contd.] Certificate of licence required by ship in waters of the Colony. Qualifications for holding certificate of colonial registry. Declaration necessary for colonial registry. [s.3 contd.] Documents necessary for colonial registry. Surveyor's certificate. Marking of ship. Production of certificate of colonial registry to Harbour Master. Proof of register, etc. [s.3 contd.] Use of British flag. Change of owner or master. Carrying of passengers by colonial ship. Colonial ship to be subject to the Ordinance, and Acts. Duration of certificate of colonial registry. Consent to prosecution. Master, mate, and engineer to possess certificate. Certificated officers of British ship, colonial ship exceeding 60 tons, and foreign ship holding passenger certificate. River steamers. [s.4 contd.] Trawlers. Certificated colonial ship not exceeding 60 tons. River steamers. Ship leaving without certificated officers. [s.4 contd.] Penalty on employment of uncertificated person. Use of official log as evidence. Examination 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. [s.4 contd.] Fees 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 be made for seamen. M.S.Act. 1894, s. 113. Penalty for shipping without agreement. [ib.] Fees payable on engagement and discharge. Payment and deduction of fees. [s.5 contd.] 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 account of wages. Penalty 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. [s.6 contd.] Table K. Penalty for keeping unlicensed boarding-house. Duties of boarding-house keeper. Certificated officer may lodge elsewhere. Relief of seamen belonging to vessel registered in the Colony. Payment of expenses incurred in the Colony for relief of such semen. 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. 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. [s.8 contd.] Keeper of licensed boarding-house to report state of boarders' health. Penalty on seaman for obstructing 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. [s.9 contd.] Ship or house may be searched for deserter. Penalty on person harbouring deserter. [s.9 contd.] Harbour Master may require master to search for suspected deserters, and to make declaration of search. Offences against discipline. M.S.Act, 1894, s. 221. Ib. ib.s.225. [s.9 contd.] M.S.Act, 1894, s. 225. Payment of expenses. Definition. Passenger ship to be surveyed once a year. M.S. Act. 1894, s. 271(1)(a). Passenger ship not to clear without certificates of survey. Ib.s.271(1)(b)(2). [s.10 contd.] Appointment and remuneration of surveyors. Surveyor to have power to inspect ship, etc. Governor to regulate mode of survey. Table C. Penalty for wrongfully receiving or offering fees. Owner to have survey made by surveyor, and surveyor to give. [s.10 contd.] certain declarations as to hull and equipments. 18 & 19 Vict.c.104. No. 1 of 1889. Table D. [s.10 contd.] Transmission of declarations to Colonial Secretary. Issue of certificate. Transmission of certificate to Harbour Master. Appeal to Court to Survey. [s.10 contd.] 18 & 19 Vict.c.104. No.1 of 1889. Table H. Report of Court of Survey. Costs. No appeal in certain case. Objection to constitution of Court. Fees to be paid for certificate. Table C. [s.10 contd.] 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. Punishment for false declaration. Report to Harbour Master of accident to passenger ship. M.S. Act, 1894, s. 425. Further penalties for non-compliance with provisions relating to passenger surveys and certificates. Penalties for carrying passengers in excess of complement. Equipment of passenger ship. [s.11 contd.] Safety valve. Adjustment of compasses. Fire hose. Signals. Shelter for deck passengers. 18 & 19 Vict.c. 104. Penalty for inadequate equipment. In case of non-compliance Harbour Master to refuse clearance. 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. Table A. [s.13 contd.] Classes of ship. Boats, etc. Life-saving apparatus. Duties of owner and master. Penalty for neglect. M.S.Act. 1894, s. 430. [s.13 contd.] Inspection by surveyor. Notice of deficiency. Harbour Master not to clear ship not complying with above provisions. Entry in log-book of boat drill and inspection of life-saving appliances. Production of record. Penalty. M.S.Act, 1906, s. 4. [Act of 1894, Part V.] 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. [s.14 contd.] Penalty for inaccurate marks. Submerged load-line. M.S.Act, 1894, s. 439. Delivery of written statement to Harbours Master. Government Marine Surveyor to approve and certify on behalf of Governor. Ship to be kept marked. Definition of 'amidships.' [Act of 1894, s. 734.] Restriction on carriage of dangerous goods. Penalty for misdescription of dangerous goods. Power to refuse to carry suspected goods. Ship with dangerous goods not to carry more than 20 passengers. Power to throw over-board dangerous goods. Forfeiture of dangerous goods improperly sent or carried. Court may proceed in absence of owner of goods. Saving of enactments relating to dangerous goods. Provisions as to grain cargoes. Sending unseaworthy British or colonial ship to sea a misdemeanor. Master knowingly taking unseaworthy ship to sea. [s.17 contd.] Consent of Governor to prosecution. Misdemeanor not punishable on summary conviction. Power to detain unsafe ship, and procedure for such detention. [s.17 contd.] Liability of Government and of shipowner for costs and damages. No. 3 of 1901, ss. 478-482. Power to require security for costs from complainant. Supplementary provisions as to detention of ships. [Act of 1894, s. 730.] Application to foreign ships of provisions as to detention. Exceptions. Governor may appoint Marine Court. M.S.Act, 1894, s. 478. Constitution of Court. [s.19 contd.] 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. [s.19 contd.] [Act of 1894, s. 729.] Inquiry not to be held if matter has already been subject of investigation; or if inquiry has been commenced in the United Kingdom. Grounds for cancelling or suspending certificate. Ib.s.470 [Act of 1894, s. 422.] [s.19 contd.] Decision of Court. M.S.Act, 1894, s. 470. Report to Board of Trade. Copy of report to be furnished. Board of Trade may order rehearing. Person who applies for Court to assist it. Ib.s.466. Further powers of Court. [s.19 contd.] No. 3 of 1890. Members to sign report. Delivery up of certificate. Re-hearing. Rules as to procedure, fees, etc. Table G. Opportunity for defence. Constitution, powers and procedure of Court of Survey. Rules as to procedure, fees, etc. Table H. Power to order payment of costs of investigation. No. 3 of 1890. Saving of Admiralty Jurisdiction. Declaration of ports, and prohibition of ship of junk anchoring elsewhere. Merchant vessel arriving to hoist her colours and number. Harbour Master and Health Officer to be allowed on board at once. Table K (A) Ship to be moored where ordered, and not removed without permission. [s.22 contd.] Ship to be entered within 24 hours. Directions 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. Table L. Penalty for breach; and power of police. Recovery of costs and expenses. Fairway to be kept clear. Lights on junks. Ship to exhibit light at night. Precaution in case of fire or disturbance. Governor-in-Council may make regulations. Table M. 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. Table N. Refusing to pay fare. Obstruction of wharf, improper mooring, etc. Firearms not to be used except in certain cases Table O. Harbour Master may remove obstruction, etc. Government moorings. Private moorings. Table O (a). Mooring of hulks, etc. Use of moorings. Rules. Rules for fishing stations, stakes, and nets. Power to order removal of fishing stakes. Rules for fishing generally. Boarding of vessels for police purposes. Arrest on board of offender. Authority to stop vessel. Interpretation of terms. Power to erect lighthouses, etc.; to raise necessary funds by public loan; and to advance funds out of Treasury. Owner, etc., of ship to pay dues. Table P. Power to Governor-in-Council to regulate dues. Posting of Tables and Regulations. 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. Application of ss. 31-33 to Gap Rock lighthouse. Harbour Master may prohibit false light; 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. [s.36 contd.] 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. Limited of storage without written permission. Search warrant. Regulations for carrying out provisions of s. 36. Table Q & R. Payment and recovery of sums for storage. Penalty. Saving of 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. [s.37 contd.] Harbour master may grant licence. Regulations. Table E. Penalty for carrying passengers in excess. Penalty for unlicensed steamship carrying passengers in excess. Penalty for steamship plying with out certificated master or engineer. Table E. Undue pressure on safety valve. [s.37 contd.] Steamship to exhibit lights. Cancellation of licence, etc. Report of arrival and particulars to be furnished. [s.37 contd.] Anchorage pass. Steamship not to leave port without clearance or special permit. Night clearance. Notice of departure. Special permit. Penalty. [s.37 contd.] Improper use of licence, etc. Disobedience of order of Harbour Master. Offences against s. 37. Exemption of steamship used for pleasure. Survey of boilers of unlicensed steamship and machinery of motor boat. Use of unsurveyed ship or motor boat. Fees for survey. Exemptions. Special licence to rive steamer. Table F. Duration of licence. Penalty for exceeding number of passengers allowed by licence. Classification of junks. Tables T & U. Definition of 'master.' [s.39 contd.] Harbour Master's Stations. Anchorages for junks. Table S. Penalty for failure to take out licence. Trading junk licences. Fishing junk licence. [s.39 contd.] Licence for lighters cargo boats hulks and small boats. Regulations for licensing of junks, etc. Table U. Penalty where over-crowding results in drowning of passengers. [s.39 contd.] Report of arrival and particulars to be furnished. Flag to be hoisted before departure Clearance. Special permits. Table T. [s.39 contd.] Table T. Vessels not to leave without clearance or permit. No junk to leave at night. Penalty for unlawfully using licence, etc. Licences to other vessels. Junks and other craft to be subject to orders of Harbour Master. [s.39 contd.] Discipline of harbour. Penalty for disobeying Harbour Master's orders. Penalty for bringing mendicants, etc., into the Colony. Power to board any junk and demand inspection of documents. In case of non-payment of penalty by master, the same may be levied by sale of vessel. [s.39 contd.] Transfer to purchase upon sale of vessel. Trial of offences under this section. Penalty for infraction of sub-section. (10) or (11). Penalty for infraction of sub-section (13) or (14). Junk not carrying lights to be deemed in fault for collision. [s.39 contd.] Application of certain parts of Merchant Shipping Acts. Trial in the Colony of misdemeanors and offences under Merchant Shipping Acts and Ordinance. No. 3 of 1890. [s.41 contd.] No. 3 of 1890. Trial of offences and recovery of penalties, expenses, etc., under the Ordinance. No. 3 of 1890. Penalty for offences not specially provided for. Service of documents. Obstructing service. [s.41 contd.] Power to detain ship in certain cases. M.S.Act, 1894, s. 692(3). Penalty for taking detain ship to sea. Penalty for taking to sea officer authorised to detain ship, etc. Rule as to proof of exception, etc. Forgery of certificate, etc. Power to make regulations. Power to impose penalties. Payment of remuneration to certain persons. Abstract of portions of Ordinance to be given to master on arrival. Exemptions. Application of Ordinance to ships propelled by electricity, etc. Arrangement of ships into classes. Boats to be carried under davits. Table A. Description of half of boats; and of remainder. Additional boats or life-rafts. Additional boats, etc., in case of ship with water-tight compartment. Life-buoys and life-belts to be carried. Boats to be carried under davits. Table A. Life-belts to be carried; life-buoys. Additional boats or life-rafts. Boats to be carried under davits. Buoyant deck fittings in lieu of additional boats or life-rafts. Life-buoys to be carried. Construction of boats. Table A. 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. Table A. Additional equipment for boats of section A and B. Number of persons to be carried by life-rats. Buoyant apparatus. Life-belts. Life-buoys. Position of life-belts and life-buoys. Table B. Surveys of steamships for passengers certificates. Table C. Surveys of ships under Chinese Passengers Act or Chinese Emigration Ordinance. Measurement of tonnage. Inspection of berthing or sleeping accommodation of crew. Table C. Inspection of lights and fog signals. Inspection of marking of vessels. Inspection of tracings. Survey for change of name. Recording change of name, etc. Survey for re-registry, etc. Survey before transfer to foreign flag. Minor inspection. Remeasurement of passenger accommodation. Table C. Survey of ship's bottom. Survey of boilers. Certifying load-line. Over-time service. Spaces to be allotted to passengers in ships solely employed in coasting trade. Table D. Spaces to be allotted to passengers in ships employed in foreign trade. General regulations as to accommodation for passengers. Survey for licence. Particulars in certificate of survey. Table E. Issue of licence for vessels. Painting of name, etc., on vessel. Vessel to be fit for public use. Fee for certificate. Fee for licence. Table E. Maximum scale of hire. Deduction from number of passengers. Dangerous goods not to be carried with passengers. Harbour Master may issue certificates of competency; fee for examination; photographs. Suspension or cancellation of certificates. Renewal of photograph Re-examination before engagement. Table E. Delivery up of licence in specified case. Interpretation. Reporting of name of master, etc., engaged; or discharged. Production of certificate on engagement, etc. Reporting of discharge by master, etc. Record of engagements and discharges. Certificates of competency to be on board the vessel. Exemptions. Penalty for breach of regulations. Table E. Regulations. Examination of engineers of motor boats. Harbour Master may permit engineer with master's certificate to be in charge of boat. Passengers on lower deck; on upper deck and cabins. Proviso as to number of passengers. Supply of life-boats, etc. Restriction as to decks. Deductions from number of passengers. Service of preliminary notice of Marine Court. Service of notice of holding of Court. Adjudication in absence of person served. Service of notice on certificate officers; and on other person, etc. Proceedings at investigation into shipping casualty. Table G. Proceedings at inquiry into charge of misconduct or incompetency. Restriction on power of cancelling certificate. Adjournment. Judgment. Table G. Filing of notice of appeal. Table H. Proceedings for constituting Court. Summoning of Court. Notice to complainant of hearing. Forwarding copy of report. Time for hearing. Parties to proceedings. Parties by permission. Proceedings on behalf of Governor; by complainant; by appellant. Witnesses in reply. Addresses of parties. Adjournment. Delivery of decision. Release or detention of vessel. Table H. Report to Governor. Fees. Table H. Affixing of signboard 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 board. Keeping of books and accounts. Table K. Furnishing of accounts of boarder. Exclusion of prostitutes. Closing. Prohibition of gambling and prevention of disorder. Illness of boarder. Furnishing of weekly list of seamen boarders. Restriction on discharge of boarder. Inspection of boarding-house. Posting up of rules. Penalty for infraction of rules. Fees payable by boarder. Deductions from advance. No detention of clothing. Appeal of boarder against account. Shipment of men from boarding-house. Weekly charge for board and lodging. Interpretation of terms. Flying of yellow flag on arrival. Examination by Health Officer. Proceeding to quarantine anchorage. Table L. Quarantine anchorage. Obligation to give information about vessel, etc. Examination of persons on board vessel on arrival, and proceedings thereafter. 'Infected' vessel. Table L. 'Suspected' vessel. 'Healthy' vessel. Ordering of vessel to Quarantine Anchorage. Table L. Disposal of body dead of infectious or contagious disease. No communication from outside with 'infected' or 'suspected' vessel. No communication with shore, etc., by 'infected' or 'suspected' vessel. No communication with shore, etc., by 'infected' or 'suspected' vessel. Police to prevent communication. Exemption of postal matter. Vessel with filthy passengers, etc., to go to Quarantine Anchorage. Table L. Costs and expenses of medical attendance of person removed to hospital, 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. Laichikok Observation Station. Table L. Definition of fairways. Southern and Central Fairways. Table M. Limits of Southern Fairway; of Central Fairway. Pennant to be flown in fairway. Observance of Collision Regulations, etc. Moderate speed within the harbour limits. Timber rafts, etc. Limits of Man-of-War Anchorage on North side of Victoria. Limits of Man-of-War Anchorage at Kowloon. Table M. Only His Majesty's ships to anchor. Junks and other native craft may use. Control of Danger Zone. Limits of Foreign Man-of-War Anchorage in Kowloon Bay. All vessels to be moored. No examination, etc., of shores or waters of the Colony. Landing of foreign soldiers within harbour limits. Table M. Landing outside harbour limits. Limits for Quarantine Anchorage. Limits of Dangerous Goods Anchorage. Northern Anchorage. Southern Anchorage. Eastern Anchorage. Table M. Western Anchorage. Position of Telegraph cable ground between the North Point of Hongkong and the South East Point of Kowloon; and between Taikoktsui and the eastern shore of Stonecutters Island. Anchoring forbidden. Fishing forbidden. Use of steam-whistle. Penalty. Search lights. Registration on beating of drums or gongs and on discharge of fireworks. Restriction on Naked and Portable Lights. Specification of wharves. Areas within which discharge of firearms prohibited. Proviso as to mail steamers. Rental. Maintenance. Inspection. Use by others than owner. Liability to dues. Times for payment. River steamers. Places of officers and men when explosives received or discharged. Prohibition of use of charcoal, etc. Prohibition of smoking, etc. Discharge of cargo. Attendance 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. Gunpowder loose and in tins. Safety cartridges and detonators. Government not responsible for damage. Other explosives. Weight of packages. Government not responsible for damage. Table T. Table T. Table T. Table T. Table T. Obligation to obtain licence. Licence Book. Showing of licence to certain officers. Power to stop and search. Prosecution for breach of Regulations. Penalty. Issue of licences by the Harbour Master. Issue of duplicate licence. Suspension of cancellation of licences by the Harbour Master. Table U. Particulars and duration of licences. Painting of number of licence. Painting of number by authorised person. Not to ply near ship of war. Yulu to be rigged in. Compliance with provisions as to entry and clearance. Coasting trade by junks. Exhibition of light. Survey of boilers of vessel propelled by steam. Table U. Cancellation of licence of vessel propelled by steam. Passenger and crew allowance. Number of passengers. Regulation of movements. Boat to be in a state fit for public use. Exhibition of light. Obligation as to fare and passengers. Boat to surrender licences. Classes of Passenger Boats. Crew for Class A. Table U. Limits to ply. Limits of anchorage. Tables of Fares. Exhibition of scale of fares. Licence Fees. Table U. Steamships not to be approached. Prohibition of false bottom. Obligation to let boat. Restriction on conveyance of passengers. Maximum scale of hire. Licence Fees. Table U. Exhibition of light. Number of persons to be carried. Licence Fees. Steamships not to be approached. Licence Fees. Steamships not to be approached. Number of person to be carried. Licence Fees. Interpretation of terms. Licence Fees. Licences not transferable. No new stakenet to be erected without permission. Restriction as to new stake-net. Exhibition of light. Licence number to be shown on a board. Removal of of stakes. Fishing with explosives prohibited. Table V. Licence Fees. Licences. Colonial Secretary to grant licence. Licence Fees. Cancellation of licence. Ports of the Colony. Harbours to be use in bad weather only. Vacant spaces not to be obstructed. Landing places may be used at any time. Penalty.
Identifier
https://oelawhk.lib.hku.hk/items/show/902
Edition
1912
Volume
v1
Subsequent Cap No.
281
Cap / Ordinance No.
No. 10 of 1899
Number of Pages
135
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MERCHANT SHIPPING ORDINANCE, 1899,” Historical Laws of Hong Kong Online, accessed April 24, 2025, https://oelawhk.lib.hku.hk/items/show/902.