- THE HONGKONG GOVT GAZETTE EXTRAORDINARY, 9TH DEC., 1891. 1145
Grain Cargoes.
41. No cargo of which more than one third consists of any kind of grain, corn, rice, paddy, pulse, seeds, nuts, or nut kernels, hereinafter referred to as grain cargo shall be carried on board any ship, unless such grain cargo be con- tained in bags, sacks or barrels or secured from shifting by boards, bulkheads or otherwise.
If the master or owner of any such ship or any agent of such, who is charged with the loading of the ship or the sending her to sea, knowingly allows any grain cargo or part of a grain cargo to be shipped therein for carriage, he shall, for every such offence, be liable on sum- mary conviction before a Stipendiary Magistrate to a penalty not exceeding fifteen hundred dollars.
The penalty provided by The Merchant Shipping (car- riage of grain) Act, 1880, section 3, for omitting to take the precautions required by that section in respect of grain cargo laden on a British ship may likewise be recovered upon summary conviction before any Stipendiary Magistrate.
General,
42. (1.) So much of the various provisions of the third part of the "Merchant Shipping Act, 1854, and other Acts amending the same not being inconsistent with the pro- visions of this Ordinance and in force in England, as relates to rights to wages and remedies for the recovery thereof; to leaving seamen abroad; to the provisions, health and accommodation of seamen; to the power of sea- men to make complaints; to the protection of seamen from imposition; to discipline; and to crimes committed abroad, shall apply mutatis mutandis, and so far as the same can be extended, to all ships registered in this Colony when such ships are within the jurisdiction of this Government and to the owners, masters and crews of such ships.
(2.) Every offence declared by the "Merchant Shipping Acts, 1854 to 1890," to be a misdemeanor may if tried in this Colony be tried by the Supreme Court in the same manner as other misdemeanors are tried, and every offence thereby made punishable by imprisonment for any period not exceeding six months with or without hard labour or by any penalty not exceeding £100 except as hereinbefore provided, may be prosecuted summarily before any Stipendiary Magistrate in like manner as other offences of like character committed in the Colony may be punished summarily, and any person convicted summarily shall have the like right of appeal as if the offence with which he is charged had been tried under any local Ordinance.
(3.) Where any order, notice, statement, or document requires, for the purpose of any provision of this Ordinance, to be served on the master of a ship, the same shall be served where there is no master and the ship is in the Colony, on the owner or one of the owners of the ship, or if there is no owner, on the agent of the ship in the Colony, or where no such agent is knowu or can be found, by affixing a copy thereof to the mast of the ship.
(4.) Any such order, notice, statement, or document may be served by delivering a copy thereof personally to the person to be served or by leaving the same at his last place of abode, or in the case of a master by leaving it for him on board the ship with the person being or appearing to be in command of such ship.
(5.) Any person who obstructs the service of any order, notice, statement, or document on the master of a ship shall be liable to a penalty not exceeding fifty dollars and if the owner, agent, or master of the ship is a party or privy to such obstruction he shall be guilty of a misdemeanor.
(6.) Where under this Ordinance a ship is authorized or ordered to be detained, if the ship after such detention or after service on the master of any notice of or order for such detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner or agent and any person who sends the ship to sea if such owner or agent or person be party or privy to the offence, shall be liable to a penalty not exceeding five hundred dollars.
(7.) Where a ship so proceeding to sea takes to sea when ou board thereof in the execution of his duty any officer authorized to detain the ship, or any Surveyor or officer appointed by the Governor, the owner and master of the
Carriage of grain. (No. 8 of 1879
sec. 41.)
(43 & 44 V. c.
43.)
Application of certain parts of Merchant Shipping Acts.
(No. 8 of 1879
Bec. 49.)
Trial in this Colony offences under Merchant Shipping Acts 1854 to 1890.
(Ibid, sub-s, 2)
Service of order on master, &c. (Ibid. sub-s. 3.)
(Thíd, sub-8.4.)
(Ibid. sub-s. 5.)
Enforcing detention of ship. (Ibid. sub-s. 6.)
Taking officer authorised to detain ship,
to se
(Ibid, sub-s. 7.)