112 THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 26, 1909.

Penalty.

Penalty.

(3.) If any ship arrives within the waters of the Colony with grain cargo loaded contrary to the provisious of this section the master thereof shall be liable on summary conviction to a penalty not exceeding five hundred 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 contrary to the provisions of this section, or sends or attempts to send such ship to sea, he shail for every such offence be liable on sum- mary conviction to a peualty not exceeding five hundred dollars.

Foreign ships 9. Section 18 of the Principal Ordinance is hereby overloading, amended by the insertion of the words "of the defective

Saving for foreign ships coming in under stress of weather, etc.

General inclusion clause.

condition of her hull equipments or machinery or" after the words "by reason in line 3 thereof, and by the addition of the following words at the end of the section: “This section shall apply to all foreign ships within the waters of the Colony whether those ships take ou board any cargo within the waters of the Colony or not.'

10. Nothing in the provisions of sections 13, 14, 16 and 18 of the Principal Ordinance as amended by this Ordinance shall affect any foreign ship not bound to this Colony which comes into the waters of the Colony for any purpose other than the purpose of embarking or landing passengers or taking in or discharging cargo or taking in bunker coal.

11. Excepting sections I to 7, 9 to 14, 17 to 20, 22 to 24 (ull inclusive), 27, and 56 of the Merchant Shipping Act 1906 all the provisions of that Act which are not inconsistent with the provisions of the Principal Ordinance are hereby declared, mutatis mutandis and so far as the same can be extended, to apply to all ships registered in this Colony when such ships are within the jurisdiction of this Government and to the owners and masters and crews of such ships.

21

Extension of 12. Subsection (7) of section 37 of the Principal Or- provisions re- dinance is hereby amended by the substitution of the garding

words "is under way whether plying for hire or not Certificated

for the word “plies in line 2 of the said subsection and by the addition of the following proviso at the end of the said subsection :-

masters and engineers.

Motor boats.

Motor boats.

Extension of provisions regarding fishing

licenses.

"Provided always that the Harbour Master may in his discretion issue the permits provided for in the said Table E in the case of motor boats."

13. The provisions of subsectious(22) and (23) of section 37 of the Principal Ordinance in relation to the survey of steamships not exceeding sixty tons and the penalty for the use of unsurveyed steamships shall hereafter have applica- tion in the case of all motor boats not licensed under the Principal Ordinance but being in the waters of the Colony in so far as relates to the machinery of such motor boats in the same manner mutatis mutandis as the survey of boilers is required and a penalty imposed for non-observance of such requirement,

14. Sub-section (15) of section 39 of the Principal Ordinance is hereby amended by the insertion of the words "and also branded on the hull in figures two inches in length after the word “stern” in linc 11 thereof,

Objects and Reasons.

The object of this Ordinance is to bring the law of this Colony relating to Merchant Shipping into line with the law of England by incorporating in the Merchant Ship- ping Ordinance 1899 certain provisions of the Merchant Shipping Act 1906 especially those extending to foreign ships the duties and liabilities at present imposed on British shipping in respect of deck and load line and of life-saving appliances.

Provision is also made for the survey of motor boats not licensed under the Principal Ordinance.

W. REES DAVIES,

Attorney General.

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