MERCHANT SHIPPING (AMENDMENT)
Ord. No. 1/79
A3
HONG KONG
No. 1 OF 1979
L.S.
I assent.
MURRAY MACLEHOSE,
Governor.
10th January, 1979.
An Ordinance to amend the Merchant Shipping Ordinance.
[10th January, 1979]
Enacted by the Governor of Hong Kong, with the advice and consent
of the Legislative Council thereof.
1. This Ordinance may be cited as the Merchant Shipping (Amend- Short title. ment) Ordinance 1979.
2. Section 34 of the principal Ordinance is amended-
Amendment of section 34.
(a) in subsection (1), by deleting "be liable on conviction to imprison- (Cap. 281.)
ment for 6 months and to a fine of $10,000 and an additional fine of $5,000 for each passenger in excess of the number allowed by the passenger certificate" and substituting the following-
"be liable-
(a) on conviction upon indictment to imprisonment for 4 years and to a fine of $10,000 and an additional fine of $5,000 for each passenger in excess of the number allowed by the passenger certificate; and (b) on summary conviction to imprisonment for 2 years and to a fine of $10,000 and an additional fine of $5,000 for each passenger in excess of the number allowed by the passenger certificate";
(b) by inserting after subsection (2) the following subsection—
"(3) For the purposes of this section-
3.
(a) every person carried in a ship, other than-
(b)
(i) a person employed or engaged in any capacity on board the ship on the business of the ship; and
(ii) a child under 1 year of age,
shall, until the contrary is proved, be presumed to be a passenger on that ship;
every ship, other than a ferry vessel plying between 2 or more points within the Colony, carrying more than 12 passengers within the waters of the Colony shall, until the contrary is proved, be deemed to be a passenger ship.".
The principal Ordinance is amended by adding after section 34 Addition of the following sections-
"Forfeiture of ships.
34A. (1) Where the owner or master of a passenger ship has committed an offence under section 34, the ship shall be liable to forfeiture, whether or not the owner or master is convicted in respect of such offence.
sections.