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Section 34(1) provides for a penalty of 6 months
imprisonment and a fine of $10,000 and an additional
fine of $5,000 for each excess passenger.
Clause 2(a)
increases the maximum term of imprisonment to 2 years.
Clause 2(b) introduces to section 34 two
presumptions which would facilitate prosecutions under that
section. Persons on board a vessel, other than crew members
and infants under 1, would be presumed to be passengers and
a ship with more than 12 passengers on board would be
presumed to be a passenger ship for the purposes of the
section. Thus, if a non-certificated ship brings passengers
into Hong Kong waters and the master and owner are prosecuted,
the presumptions will apply unless rebutted by evidence
satisfying the court. For example, this would mean that
if a master who is prosecuted claims that his passengers
are the survivors of a shipwreck, the burden of proving that
will lie on him.
Clause 3 adds 3 new sections to the ordinance
providing for the forfeiture of ships of any size where the
master or owner is guilty (whether convicted or not) of an
offence under section 34. The 3 sections set out in detail
the procedure to be followed after seizure by the Director
of Marine. Provision is made for notice of seizure to be
served on the owner and also to be published. In the
absence of claims the ship is then forfeited to the Crown.
Any claims are referred to a magistrate who may order the
forfeiture of the ship or order that it to be returned to