THE HONG KONG GOVERNMENT GAZETTE, JUNE 4, 1937.
(4) If any ship to which the Act of 1936 applies con- travenes or fails to comply with the foregoing provisions of this section, the master of the ship shall be guilty of a mis- demeanour, and the owner of the ship shall also be guilty of a misdemeanour if he is privy to the contravention or failure.
(5) The Board of Trade may on the application of the owner and with the consent of the authority, by licence exempt any ship, being a ship which is shown to the satis- faction of the Board of Trade to be regularly engaged in carrying goods or passengers to or from Spanish territory, from the foregoing provisions of this section on the following conditions, namely:-
(a) that the ship does not, except with the consent of the chief administrator, proceed to sea from any port or place without having on board such observing officers as may be deputed from time to time in that behalf by the chief administrator; and
(b) that the owner of the ship pays to the authority on demand such additional expenses as may from time to time be certified by the Board of Trade to have been incurred by the authority by reason of the ship complying with the condition aforesaid, instead of complying with the said provisions of this section.
The Board of Trade may at any time, and shall at the request of the authority or the owner of the ship, cancel any licence granted under this subsection.
If any ship while exempt under this subsection fails to comply with the condition specified in paragraph (a) of this subsection, the master of the ship shall be guilty of a mis- demeanour, and the owner of the ship shall also be guilty of a misdemeanour if he is privy to the failure to comply with the condition.
(6) An observing officer carried in a ship in pursuance of this Act shall, while on board the ship, be entitled to be provided with subsistence and accommodation, and to require signals to be made and to require messages to be sent by wireless telegraphy, in accordance with regulations made under this section, and also to exercise the following powers-
(a) he may at any reasonable time require the master to produce any documents and furnish any information in his possession relating to any cargo destined for Spanish territory which is being carried in the ship;
(b) he may, if he has reasonable grounds for suspecting that the contents of any package carried in the ship do not correspond with the particulars shown in the documents produced to him, or if the description of the contents of any package shown in those documents, taken with any descrip- tion thereof shown on the package, is insufficient to enable him to discharge his duties under the observation agreement, require the master to cause the package to be opened for his inspection immediately before it is discharged from the ship;
(c) he may at any reasonable time require the master to produce the agreement with the crew and any other docn- ments in his possession relating to a member of the crew;
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