THE HONGKONG government GAZETTĖ, 4TH MAY, 1878. .
Dangerous Goods.
XII. If any person sends or attempts to send by, or not being Restrictions master or owner of the vessel, carries or attempts to carry in on carriage of
dangerous any vessel, British or foreign, any dangerous goods, that is to goods. say-aquafortis, vitriol, naphtha, benzine, gunpowder, lucifer (M.S. A. 1873, matches, nitro-glycerine, petroleum, or any other goods of a sec. 23.) dangerous nature, without distinctly marking their nature on the outside of the package 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 dollars: 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 goosd 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 Penalty for carries, or attempts to carry in any vessel, British or foreign, misdescription
of dangerous any dangerous goods, or goods of a dangerous nature, under a false goods. description, or falsely describes the sender or carrier thereof, he (Ibid, sec. 24.). shall incur a penalty not exceeding two thousand and five hundred dollars, to be recovered in a summary way before two Stipendiary Magistrates sitting together.
3. The master or owner of any vessel, British or foreign, may Power to refuse refuse to take on board any package or parcel which he suspects to carry goods to contain goods of a dangerous nature, and may require it to be opened to ascertain the fact.
suspected of being dangerous. (Ibid, sec. 25.) Power to
4. Where any dangerous goods as defined in paragraph 1 of this
throw over- section, or any goods which, in the judgment of the master or owner
board dan- of the vessel, are of a dangerous nature, have been sent or
gerous goods. brought aboard any vessel, British or foreign, without being (Ibid, sec. 26.) 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, Forfeiture of or attempted to be sent or carried, on board any vessel, British dangerous
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in absence of
6 The Court shall have and may exercise the aforesaid powers The Court of forfeiture and disposal, notwithstanding that the owner of may proceed the goods have not committed any offence under the provisions the owners. of this section relating to dangerous goods, and be not before the Court, and have not notice of the proceedings, and notwith- standing 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.
goods
7. The provisions of this section relating to the carriage Saving as to of dangerous goods shall be deemed to be in addition to, and not dangerous in substitution for, or in restraint of, any other enactment for the Ordinance. like object, so nevertheless that nothing in the said provisions (Ibid,sec. 28.) shall be deemed to authorize that any person be sued or pro- secuted 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 Constitution and whensoever occasion shall arise or require, by Warrant under of Marine his hand and seal of the Colony, to form a Court, which shall be Court, called "The Marine Court; and such Court shall consist of 11 of 1860,
(See Ordinance
"
not more than five or less than three members, of whom one shall. be a Stipendiary Magistrate, and one, if possible, a Commissioned Officer in the Royal Navy, and the remainder masters of the mer- cantile marine, or such persons of nautical, engineering or other special skill or knowledge as the Governor may think fit to appoint.
sec. 1.)
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