PILOTS ORDINANCE, 1904

PILOTS ORDINANCE, 1904

No. 3 of 1904.

To provide for and regulate the employment of Pilots.

1. The Pilots Ordinance, 1904.

[29th April, 1904.]

2. The Harbour Master may grant certificates of coinpetency to
persons duly qualified to act as, and may license under his hand,
pilots who shall not exceed such number as he may direct, for the
purpose of conducting ships within the waters of the Colony:
Provided that-

(1) no person shall be granted a certificate of competency or be.
licensed as a pilot unless he has satisfied a Board of Examiners
appointed by the Governor that he is capable of performing such
duties. Any application for a certificate must be accompanied by A
declaration to this effect ;

(2) any person acting as a pilot upon any ship to which lie does
not belong without being duly licensed, shall be liable to a fine not
exceeding 100 dollars for each ollence.

Nothing in this Ordinance shall be held to make the employment
of pilots by masters and owners of ships compulsory.

3. It shall be lawful for the Governor-in-Council to fix by
notification the rates of fees to be paid by pilots for licences.

There shall be paid to every member of the Board of Examiners,
not being a salaried officer of the Government, a fee of 5 dollars
out of the public revenue for every examination conducted by him.

4. The Harbour Master may, subject to the sanction of the
Governor, make regulations for the proper conduct of pilots in all
matters relating to their duties, including, among other things,
matters relating to the distinguishing marks and tlags of pilot boats
and the means of making themselves known as licensed pilots to
persons. in charge of ships entering or leaving the waters of

Asamended by No. 30 Of 1911, NO. 50 of 1911, ~,o. 8 of 1912,
No. 13 of 1912 and No. 22 of 1912.
As amended by No. 12 of 1912, No. 13 of 1912 and No. 21 of 1912.
As amended by No. 30 of 1911, No. 12 of 1912, No. 13 of 1912
an^o. 21 of 1912.





the Colony; and every person infringing any such regulation shall
be liable to have his licence suspended by the Harbour Master for
a period not exceeding 3 months, and, on summary conviction, to a
fine not exceeding 50 dollars..

5-M Every licensed pilot when acting in that capacity shall
be provided with his licence and shall produce the same to every
person by whorn he is employed or to whom lie offers his services as
pilot.

(2) If a licensed pilot refuses, on the request of any such person,
to exhibit his licence and a copy of pilotage dries authorised under
this Ordinance, he shall be liable, on sunirnarv conviction, to a
fine not exceeding .50 dollars, and shall further be liable to have his
licence suspended or cancelled by the Harbour 'Master.

(3) If an unlicensed person for the ptirpose of inaking himself
appear to be a licensed pilot uses a licence which he is no entitled
to use, he shall for each offence be liable, oil summary conviction,
to a fine not exceeding -500 dollars or, to linprisoninent for any term
riot exceeding 6 months.

(4) If a licensed pilot
(a) when not engaged as pilot refuses, without reasonable
excuse to the satisfaction of a 'Magistrate, to take charge of a vessel
entering or leaving a harbour ; or
(b) when not engaged as a pilot reftises or. neglects, without
reasonable excuse to the satisfaction of a Magistrate, to go and
take charge of a, vessel carrying the signal for a pilot ; or.
(c) acts as a pilot when in a state of intoxicat loll, or is guilty of
any violent or disorderly conduct whilst oil dirty ;-or
(d) refuses on the request of the niaster to conduct the ship
which he is piloting into ally water ill which he is qualified
to conduct the same, except on reasonable ground of danger to the
ship; or
(e) quits the ship of which he has the charge without the consent
of the master, before the service for which lie was hired has been
performed,
he shall for each offence, in addition to arty liability for-damages at
the suit of the person aggrieved, be liable, on summary conviction,
tb a fine not exceeding 500 dollars, or to imprisonment for any

Asainended by No. 80 of 1911, No. 8 of 1912, No. 12 of 1912,
No. 13 of 1912 and No. 21 of 1912.





term not exceeding 6 months, and he shall also be liable to have his
licence cancelled or suspended by the Tlarbour Master.

6. If any licensed pilot, when in charge of any ship, by wilful
breach of duty or by neglect of duty, or by reason of drunkenness,
does any act tending to the immediate loss, destruction, or serious
damage of such ship,or tending immediately to endanger the life
or limb of any person on board such ship: or bY wilful breach of
duty, or by neglect of duty, or by reason of drunkenness, refuses or
omits to do any lawful act proper and requisite to be done by him
for preserving such ship from less, destruction or serious damage,
or for preserving any person belono.ing to oil oil board of such ship
from danger to life or libm, he shall be guilty of a nilsdemeanor
and shall be liable to imprisonment for any term not exceeding
one year, and to a fine not exceeding .500 dollars: the Harbour
Master may further cancel or suspend his licenCe.

7. Such sums as may be directed by order of the Governor-
in-Council may be demanded by licensed pilots, and shall be
recoverable by them before a Magistrate in a summary way, by
proceeding,against the master or person in charge of the ship, for
the service to which the dues became paYable, and on adjudication
the sum declared to be due shall be leviable by distraint on the ship,
her tackle, and furniture . Provided further that it sliall be lawful
for the Harbour Master to withhold the port clearance of any ship
as to which a claim for pilotage dues may be inade, till such dues
are paid.

8. Any licensed pilot demanding higher rates of pilotage than
those authorised by this Ordinance, shall be liable, oil summary
conviction, to a fine not exceedino- -50 dollars, and shall also
be liable to have his licence suspended or cancelled by the Harbour
Master.

9. Any Magistrate shall have authority to hear and determine all
claims brought against any ship carrying, a pilot for damage done
by the ship to any beacon, buoy, harbour mark, inooring, or other
Government property. Such claims shall be made by the Harbour
Master by way of complaint in writing setting out the damage and

As an-Lended by No. 30 of 1911, No. 8 of 1912 and No. 12 of 1912.
As aniended by No. 8 of 1912 and No. 12 of 1912.
As aniended by No. 30 of 1911, No. 13 of 1912 and No. 21 of 1912.
~ As aiiieii(kod by No. 13 of 1912.

the claim in respect thereof on which the Magistrate may issue a
summons requiring the attendance of the persons complained
against : and, in default of appearance, or in the first instance, if
it appears to the Magistrate necessary for any reason to secure the
due attendance of the pers6ns complained against, a warrant may
be issued to compel their appearance.

10. Nothing in this Ordinance shall be held to excuse or
indemnify any licensed pilot for any damage arising from his
neglect or incapacity in performing the duties of his office.

11. All summary proceedings tinder this Ordinance shall be
heard before a Magistrate, who may, if he thinks fit, call upon the
Harbour Master or Assistant Harbour Master to sit with him
as assessor.

12. The word ---ship--- as used lin this Ordinance shall include
every kind of vessel of over 100 tons register tonnage propelled
by sails, and steam-vessels of 60 tons and upwards.

13. Noibing in this Ordinance shall be beld to apply to vessels-
of-war or vessels belonging to the Colonial Government.
Short title. Number of pilots. Examination and licensing of pilots. Penalty on unlicensed pilots. Pilotage not compulsory. Fee for licence. Fee for examination. Regulations. Pilot to produce licence to his employer. Penalty for refusing to produce licence. Penalty for fraudulent use of licence. Offences by licensed pilots. Offences by licensed pilots punishable by Supreme Court. Pilotage dues how recoverable. Pilots demanding higher dues. Claims for damages to Government property. Negligence or incapacity of pilots. Summary proceedings. Interpretation of 'ship'. Exceptions.

Short title. Number of pilots. Examination and licensing of pilots. Penalty on unlicensed pilots. Pilotage not compulsory. Fee for licence. Fee for examination. Regulations. Pilot to produce licence to his employer. Penalty for refusing to produce licence. Penalty for fraudulent use of licence. Offences by licensed pilots. Offences by licensed pilots punishable by Supreme Court. Pilotage dues how recoverable. Pilots demanding higher dues. Claims for damages to Government property. Negligence or incapacity of pilots. Summary proceedings. Interpretation of 'ship'. Exceptions.

https://oelawhk.lib.hku.hk/items/show/941

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