30
THE HONGKONG GOVERNMENT GAZETTE, 14TH JANUARY, 1880.
Penalty for mtedescription of dangerous goods.
[łody sec. 24.)
Power to re- fuse to carry goods razpect- ed of being dangerous. [Ibid, sec. 25.)
Power to throw over- hoard dan- gerous goods. Civil, fec. 20.]
Forfeiture of Jangerous goods im- properly sent. {Ibid, sec. 27.}
The Court my proceed in absence of the owners.
Saving as to
dangerous goods
Ordinance. [Ibid. soc. 28.)
Constitution
of Marine
Court.
£5 Ordinancs
il of 1809,
sec. 1.)
(42 and 43 Vic., c. 72, sec. III, sub-zec. 3.)
Unofficial
rembere of Court to be remunerated
Cases where Inquiries are to be
instituted.
such person show that he was merely an agent in the ship- went 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 incurs 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 sonder or cartier thereof, he shall incur a penalty not exceeding two thousand and five hundred dollars, to be recovered in a summary way before two Stipendiary Magis- trates sitting together.
3. The master or owner of any vessel, British or foreign, may refuse to take on board any package or parcel which he suspects to contain goods of a dangerous nature, and may require it to be opened to ascertain the fact.
4. Whers any dangerous goods as defined in paragraph 1 of this section, or any goods which, in the judgment of the master or owner of the vessel, are of a dangerous nature, have been sent or brought aboard any vessel, British or foreign, without being marked as aforesaid, or without such notice having been given as aforesaid, the master or owner of the vessel may cause such goods to be thrown overboard, together with any package or receptacle in which they are contained; and neither the master nor the owner of the vessel shall, in respect of such throwing overboard, be subject to any liability, civil or criminal, in any Court.
5. Where any dangerous goods have been sent or carried, or attempted to be sent or carried, on board any vessel, British or foreign, without being marked as aforesaid, or without such notice having been given as aforesaid, and where any such goods have been sent or carried, or attempted to be sent or carried, under a false description, or the sender or carrier thereof has been falsely described, it shall be lawful for two Stipendiary Magistrates sitting together to declare such goods, and any package or receptacle in which they are contained, to be, and they shall thereupon be, forfeited, and when forfeited shall be disposed of as the Court directs.
6. The Court shall have and may exercise the aforesaid powers of forfeiture and disposal, notwithstanding that the owner of the goods has not committed any offence under the provisions of this section relating to dangerous goods, and be not before the Court, and has not notice of the proceed- ings, and notwithstanding that there be no evidence to show to whom the goods belong; nevertheless the Court may, in its discretion, require such notice as it may direct to be given to the owner or shipper of the goods before the same are forfeited.
7. The provisions of this section relating to the carriage of dangerous goods shall be deemed to be in addition to, and not in substitution for, or in restraint of, any other enactment for the like object, so nevertheless that nothing in the said provisions shall be deemed to authorise that any person be sued or prosecuted twice in the same matter.
CHAPTER III.
MARINE COURTS AND COURTS OF SURVEY.
XIII. It shall be lawful for the Governor, from time to time and whensoever occasion shall arise or require, by Warrant under his hand and scal of the Colony, to form a Court, which shall be called "The Marine Court;" and such Court shall consist of not more than five or less than three members, of whom one shall be a Stipendiary Magistrate, and one (or more if possible), a Commissioned Officer in the Royal Navy, and the remainder masters of the mercantile marine, or such persons of nautical, engineering or other special skill or knowledge as the Governor may think fit to appoint: Provided always that where any such investiga- tion involves or appears likely to involve any question as to the cancelling or suspension of the certificate of a master, mate, or engineer, the Court shall include not less than two members having experience in the merchant service.
2. Each of the unofficial members of such Court shall be paid, out of the Colonial Treasury, the sum of $5 a day, during cach day that the Court shall hold its sitting. 3. In any of the following cases, that is to say:-
(a.) Whensoever any charge of incompetency or mis- conduct shall be brought by any person against any master, mate, or engineer of a British ship;
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