THE HONGKONG GOVT GAZETTE EXTRAORDINARY, 9TH DEC., 1891.
shall not give a sufficient reason for such refusal, the Sti- pendiary Magistrate may order such seaman to be put forcibly on board the ship to which he may belong, or to be confined in any gaol or other place of security within the Colony, for any period until he can be put on board his ship at her departure from the port, or until he shall be demanded by the master of the ship, or by the Consul of the country to which such ship may belong : Provided always, that the said period of confinement shall not, in the absence of such departure or demand, exceed three months.
(2.) It shall be lawful for any Stipendiary Magistrate, upon complaint of the master of such ship, to the effect that he has reasonable cause to believe that any runaway seaman belonging to the crew of any such ship is harbonred, secreted, or concealed, or suspected to be harboured, secreted, or concealed on board any other ship, boat, or other vessel, · or in any house or place whatsoever, to issue a warrant directing a constable to search such ship, boat, or other vessel, or such house or place, and such seaman to lodge in any or the nearest Police Station; and every such sea- man shall, with all convenient speed, be brought before a Stipendiary Magistrate, to be dealt with as is hereinbefore directed with respect to seamen apprehended for desertion, absconding, or absence from duty.
(3.) If any person whatsoever shall harbour, conceal, em- ploy, or retain, or assist in harbouring, concealing, employ- ing, or retaining any seaman belonging to the crew of any ship, who shall have deserted therefrom, or otherwise ab- sconded, or absented himself from duty, while such ship or vessel is within the waters of the Colony, knowing such seaman to have deserted, absconded, or absented himself from duty, or shall cause, induce, or persuade or endea- vour to cause, induce, or persuade any such seamau, in any manner whatsoever to violate, or to attempt or endeavour to violate, any agreement which he may have entered into to serve on board any such ship, or shall knowingly connive at the desertion, absconding, or absence from duty of any such scaman, such person so offending shall, for every such offence, upon summary conviction thereof before a Stipen- diary Magistrate, be liable to a penalty not exceeding two hundred and fifty dollars, or imprisonment with or without hard labour for any period not exceeding six months.
(4.) The Harbour Master, or his deputy, before granting a port clearance to any ship, may, if he have reasonable grounds for belief that any deserter from a merchant vessel be con- cealed on board of such ship, proceed on board thereof and then and there require her master to institute due and diligent search for such deserter, and further, if he deem it necessary, require the master to make oath or solemn declaration that to the best of his knowledge and belief, after due and dili- gent search, no such deserter is concealed within or about his ship; and any master of a ship refusing or unuecessarily delaying to comply with such requisition, shall be liable. upon summary conviction, to a penalty not exceeding two hundred dollars,' and imprisonment until such fine be paid,, (5.) Whenever any seaman engaged in any Foreign ship commits any of the following offences within the waters of the Colony, he shall be liable upon summary conviction before a Stipendiary Magistrate as follows, that is to say:— (a.) For wilful disobedience to any lawful command, he shall be liable to imprisonment for any period not exceeding four weeks, with or without hard labour, and also, at the discretion of the Magistrate to forfeit, out of his wages, a sum not exceeding two days' pay;
(b.) For continued wilful disobedience to lawful com- mands, or continued wilful neglect of duty, he shall be liable to iniprisonment for any period not exceeding twelve weeks, with or without hard labour, and also, at the discretion of the Magistrate to forfeit, for every twenty-four hours' continnance of such disobedience or neglect either a sum not exceeding six days' pay, or any expenses which have been incurred in hiring a substitute;
(c.) For combining with any other or others of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship, or the progress of the voyage, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour:
Or may be con- fined in gaol.
Ships or houses may be searched for deserters from ships. (Ibid. sub-s.2.3
l'enalty on persons har- bouring deserters from xhips.
(Ibid, sub-s. 3.)
Harbour Mas- ter or deputy may require, before grant- ing a port clearance to
$44. ship, the master thereof to search for kaspected de- sorters, and to make declara- tion of such search. Penalty for not complying with such request.
(Find. sub-s. 4.)
Offences of foreign
seamet,
(Thàỗ, sub-s, 5.)
Act of Cis- obedience.
Contined disobedience.
Combining to disobey.
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