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77

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1937.

() in any of the following Dominions, that is to say, the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa and the Irish Free State; or

(ii) in any territory administered by His Majesty's Government in any of the Dominions aforesaid; and

(b) all other ships registered in, or licensed under the law of, any colony or British protectorate or any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty and is being exercised by His Majesty's Government in the United King-

dom.

(4) If any article is discharged or transhipped from, or taken on board or carried in, any ship in contravention of this Act, any person being the owner, charterer or master of the ship shall, if he is privy to the contravention, be guilty of a misdemeanour,

(5) Section four hundred and forty-nine of the principal Act (which provides for the forfeiture of dangerous goods carried under a false description and in certain other cases) shall apply in relation to any ship to which this Act applies as if any articles carried in contravention of this Act were dangerous goods carried under a false description,

(6) Any officer mentioned in section seven hundred and twenty-three of the principal Act who has reason to suspect that a ship is contravening or has contravened the provisions of this Act shall, without prejudice to the powers conferred by that section, have the following powers, that is to say :-

(a) he may go on board the ship and for that purpose may detain the ship or require it to stop or to proceed to some convenient place;

(b) he may require the master to produce any documents relating to any cargo which is being carried or has been carried on the ship;

(c) he may search the ship and examine the cargo and require the master or any member of the crew to open any package or parcel which he suspects to contain any articles to which this Act applies:

(d) he may make any other examination or inquiry which he deems necessary to ascertain whether this Act is being or has been contravened;

(e) if it appears to him that this Act is being or has been contravened, he may, without summons, warrant or other process, take the ship and her cargo and her master and crew to the nearest or most convenient port in a country to which this Act extends, in order that the alleged contravention may be adjudicated upon by a competent court.

(7) If any ship duly required under the last foregoing subsection to stop or to proceed to some convenient place fails to comply with that requirement, the master of the ship shall be guilty of a misdemeanour, and if a master or any other person fails to do any other thing duly required of him under that subsection or obstructs any officer in the exercise of his powers under that subsection, he shall be liable to a fine not exceeding one hundred pounds.

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