THE HONGKONG GOVERNMENT GAZETTE, 1ST AUGUST, 1891.
(a.) A copy of the order for the provisional detention of the ship shall be forthwith served on the Consular Officer for the State to which the ship belongs.
(b.) Where a ship has been provisionally detained, the Consular Officer, on the request of the owner, or agent, or master of the ship, may require that the person (if any) appointed by the Gov- ernor to survey the ship shall be accompanied by such person as the Consular Officer may se- lect, and in such case, if the Surveyor and such person agree, the Governor shall cause the ship to be detained or released accordingly; but if they differ, the Governor may act as if the re- quisition had not been made, and the owner, or agent, and master shall have the appeal to the Court of Survey touching the report of the Surveyor which is before provided by this Or- dinance; and
(c.) Where the owner, or agent, or master of the ship appeals to the Court of Survey, the Consular Officer, on the request of such owner or master, may nominate any competent person or persons to be a member or members of the Court of Survey, not exceeding two.
In this section the expression "Consular Officer" means any Consul-General, Vice-Consul, Consular Agent, or other Officer recognised by the Governor as a Consular Officer of a foreign State.
Sending Unseaworthy Ships to Sea.
11. (1.) Every person who sends or attempts to send, or is a party to sending or attempting to send a British or Co- lonial ship to sea in such unseaworthy state that the life of any person is likely to be endangered, shall be guilty of a misdemeanor unless he proves that he used all reasonable means to ensure her being sent to sea in a seaworthy state, or that her going to seu in such unseaworthy state was, under the circumstances, reasonable and justifiable, and for the purpose of giving such proof, he may give evidence in the same manner as any other witness.
(2.) Every master of a British or Colonial ship who knowingly takes the same to sea in such unseaworthy state that the life of any person is likely to be thereby endanger- ed, shall be guilty of a misdemeanor, unless he proves that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable, and for the pur- pose of giving such proof, he may give evidence in the same manner as any other witness.
(3.) A prosecution under this section shall not be insti- tuted except with the consent of the Governor.
(4.) A misdemeanor under this section shall not be pu- nishable upon summary conviction.
Dangerous Goods.
12. (1.) If any person sends or attempts to send by, or: not being master or owner of the vessel, carries or attempts to carry in any vessel, British or foreign, any dangerous goods, that is to say:-aquafortis, vitriol, uaphtha, ben- zine, gunpowder, lucifer matches, nitro-glycerine, petro- leum, or any other goods of a dangerous nature, withont distinctly marking their nature on the outside of the pac- kage containing the same, and giving written notice of the nature of such goods and of the name and address of the sender or carrier thereof to the master or owner of the vessel at or before the time of sending the same to be shipped, or taking the same on board the vessel, he shall, for every such offence, incur a penalty not exceeding five hundred dol- lars: Provided that if such person show that he was merely an agent in the shipment of any such goods as aforesaid, and was not aware and did not suspect and had no reason to suspect that the goods shipped by him were of a dangerous nature, the penalty which he ineurs shall not exceed fifty dollars.
(2.) If any person knowingly sends, or attempts to send by, or carries, or attempts to carry in any vessel, British or foreign, any dangerous goods, or goods of a dangerous nature, under a false description, or falsely describes the sender or carrier thereof, he shall incur a penalty not exceed- ing two thousand and five hundred dollars, to be recovered in a gummary way before two Stipendiary Magistrates sitting together.
Sending unsenworthy ship to sea s misdemeanor. (Ibid, sec. 11.)
Restrictions on carriage of dangerous goods. (Ibid, sec. 12.)
Penalty for misdescription of dangerous goods.
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