THE HONGKONG GOVERNMENT GAZETTE, 22ND NOVEMBER, 1862.
obey them, and to carry and exhibit no other Lights and to use no other Fog Signals than such as are required by the said Regulations; and in case of wilful Default, the Master, or the Owner of the Ship if it appear that he was in such Fault, shall, for each Occasion upon which such Regulations are infringed, be deemed to be guilty of a Misdemeanor.
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Default of Person in
28. In case any Damage to Person or Property arises from the Non-observance Breaches of Reguln- by any Ship of any Regulation made by or in pursuance of this Act, such Damage tious to imply wilful shall be deemed to have been occasioned by the wilful Default of the Person in charge charge. of the Deck of such Ship at the Time, unless it is shown to the Satisfaction of the Court that the Circumstances of the Case made a Departure from the Regulation necessary.
from Breach of the
29. If in any Case of Collision it appears to the Court before which the Case is If Collision ensues tried that such Collision was occasioned by the Non-observance of any Regulation made Regulations, Ship to by or in pursuance of this Act, the Ship by which such Regulation has been infringed be deemed in fauit. shall be deemed to be in fault, unless it is shown to the Satisfaction of the Court that the Circumstances of the Case made a Departure from the Regulation necessary.
30. The following Steps may be taken in order to enforce Compliance with the Inspection for en- said Regulations; that is to say,
(1.) The Surveyors appointed under the Third Part of the Principal Act, or such other Persons as the Board of Trade may appoint for the Purpose, may inspect any Ships for the Purpose of seeing that such Ships are properly provided with Lights and with the Means of making Fog Signals in pursuance of the said Regulations, and shall for that Purpose have the Powers given to Inspectors by the 14th Section of the Prin- cipal Act:
&
(2.) If any such Surveyor or Person finds that any Ship is not so provided, he shall give to the Master or Owner Notice in Writing, pointing out the Deficiency, and also what is, in his Opinion, requisite in order to remedy the same:
(3.) Every Notice so given shall be communicated in such Manner as the Board of Trade may direct to the Collector or Collectors of Customs at any Port or Ports from which such Ship may seek to clear or at which her Transire is to be obtained; and no Collector to whom such Communica- tion is made shall clear such Ship outwards or grant her a Transire, or allow her to proceed to Sea, without a Certificate under the Hand of One of the said Surveyors or other Persons appointed by the Board of Trade as aforesaid, to the Effect that the said Ship is properly provided with Lights and with the Means of making Fog Signals in pursuance of the said Regulations.
forcing Regulations,
Rules for Harbours under Local Acts to
31. Any Rules concerning the Lights or Signals to be carried by Vessels navi- gating the Waters of any Harbour, River, or other Inland Navigation, or concerning continue in force. the Steps for avoiding Collision to be taken by such Vessels, which have been or are hereafter made by or under the Authority of any Local Act, shall continue and be of full Force and Effect notwithstanding anything in this Act or in the Schedule thereto contained.
Rivers where no such
32. In the Case of any Harbour, River, or other Inland Navigation for which In Harbours and such Rules are not and cannot be made by or under the Authority of any Local Act, Rules exist they may it shall be lawful for Her Majesty in Council, upon Application from the Harbour Trust be made. or Body Corporate, if any, owning or exercising Jurisdiction upon the Waters of such Harbour, River, or Inland Navigation, or, if there is no such Harbour Trust or Body Corporate, upon Application from Persons interested in the Navigation of such Waters, to make Rules concerning the Lights or Signals to be carried, and concerning the Steps for avoiding Collision to be taken by Vessels navigating such Waters; and such Rules, when so made, shall, so far as regards Vessels navigating such Waters, have the saine Effect as if they were Regulations contained in Table (C.) in the Schedule to this Act, notwithstanding anything in this Act or in the Schedule thereto contained.
In case of Collision one Ship shall assist
33. In every Case of Collision between Two Ships it shall be the Duty of the Person in charge of each Ship, if and so far as he can do so without Danger to his own the other. Ship and Crew, to render to the other Ship, her Master, Crew, and Passengers (if any), such Assistance as may be practicable and as may be necessary in order to save them from any Danger caused by the Collision:
In case he fails so to do, and no reasonable Excuse for such Failure is shown, the