THE HONGKONG GOVT GAZETTE EXTRAORDINARY, 9TH DEC., 1891.
(5.) The master of auy British or Colonial ship leaving the waters of the Colony without having on board such mates or engineers possessing the certificates required by sub-sections 3 and 4 of this section shall be liable to a penalty not exceeding five hundred dollars and it shall be lawful for the Harbour Master to refuse a Port clearance to any British or Colonial or to any Foreign ship holding a passenger certificate under section 5 of this Ordinance in case of non-compliance with the provisions of the two last preceding sub-sections, and the master of any such ship to which a clearance has been refused proceeding to sea without a clearance shall be liable to a penalty not exceeding $500.
(6.) In any proceeding iu a Court of Justice against any person for a breach of the provisions of this Ordinance all entries in the official log and the articles of agreement shall be received in evidence subject to all just exceptions.
(7.) Every person who having been engaged in any of the capacities mentioned in sub-sections 2 and 3 in any such ship as aforesaid goes to sea in that capacity without being at the time entitled to, and possessed of such certificate as is required by this section, and every person who employs any person in any of the above capacities in such ship with- out ascertaining that he is at the time entitled to, or pos- sessed of such certificate as required by this section, shall, for each such offence, be liable to a penalty not exceed- ing two hundred and fifty dollars.
(8.) No seaman shall, except with the sanction of the Harbour Master, be shipped to do duty on board a British ship, or any foreign ship whose flag is not represented by a Consular Officer resident in the Colony, clsewhere than at the Mercantile Marine Office and the Superintendent shall require such seaman to lodge with him his certificate of discharge from the last ship, and failing the production of such certificate, such seaman shall be bound to give satis- factory explanation to the Harbour Master of the cause of the non-production thereof.
Such fees not exceeding the sums specified in table I. in the Schedule hereto, as are from time to time fixed by the Governor in Council shall be payable upon all engage- ments and discharges and the Superintendent shall cause a scale of such fees to be prepared and to be conspicuously placed in the Mercantile Marine Office and the Super- intendent may refuse to proceed with any engagement or discharge unless the fees payable thereon are first paid.
(9.) Every Owner or Master of a ship engaging or dis- charging any seamen or seaman at the Mercantile Marine Office shall pay to the Superintendent the whole of the fees hereby made payable in respect of such engagement or discharge, and may, for the purpose of in part reimbursing himself, deduct in respect of each such engagement or discharge from the wages of all persons (except apprentices) so engaged or discharged and retain any sums not ex- ceeding the sums specified in that behalf in the table. marked J. in the Schedule hereto: Provided that, if in any cases the sums which the owner is so entitled to de- duct exceed the amount of the fee payable by him such excess shall be paid by him to the Superintendent in addition to such fee.
(10.) Whenever any seaman shall be discharged at the Mercantile Marine Office from any ship within the Colony, the master of such ship shall give at the time of such dis- charge to such seaman a written certificate of discharge, specifying the time and nature of service, and the time of discharge of such seaman, signed by himself; and if such seaman require it, shall further give him, within twenty- four hours after demand, a true account in writing of the wages of such seaman, and of all deductions therefrom.
(11.) No seaman shall be discharged from a British ship, or any foreign ship whose flag is not represented by a Con- sular Officer resident in the Colony, elsewhere than at the Mercantile Marine Office, and every seaman discharged from a foreign ship so represented, shall, within twenty- four hours of being discharged at the office of his Consul or Vice-Consul, produce to the Harbour Master, or some person deputed by him, a certificate of his discharge, signed by such Consul or Vice-Consul, and shall in default be liable to a penalty not exceeding twenty-five dollars, and in default of payment to imprisonment not exceeding twenty-one days.
Ship leaving without certi- fcated Mastor,
&c.
Ings to be evidence. (M. S. A. 1884 ser. 285.)
Penalties ou uncertificated persons. (No. 8 of 1879 a. 16, sub-8.4.)
Shipping of
keamen.
(Ibid. sub-s. 5,)
Payment of fees on cu~ Kagement and discharge of
scaten.
Master shall give to seaman discharged in Colony certif- cate of its- charge, and, if required, an account of
wages.
(Ibid. sub-8. 6.)
As to the discharge of
колел. (Ibid. sec. 5, sub-s. 7.)