462
M. S. Act, 1894, s. 238.
c. 60.
No. 10.] THE ORDINANCES OF HONGKONG [AD 1
(b.) If any seaman or apprentice deserts, when within the waters of the Colony, from a merchant ship belonging to a subject of any foreign country to which an Order of Her Majesty-in-Council has declared section 238 of the Merchant Shipping Act, 1894, shall apply, any justice, or officer who would have had cognizance of the matter if the seaman or apprentice had deserted from a British ship shall, on application of a Consular Officer of the foreign country, aid in apprehending the deserter, and for that purpose may, on information upon oath, issue a warrant for his apprehension, and, on proof of the desertion, order him to be conveyed on board his ship or delivered to the master or mate of his ship, or to the owner of the ship or his agent to be so conveyed; and any such warrant or order may be executed accordingly. If any person harbours or secretes any deserter liable to be apprehended under this sub-section, knowing or having reason to believe that he has deserted, such person shall for each offence, on summary conviction before a Stipendiary Magistrate, be liable to a penalty not exceeding one hundred dollars.
Ship or house may be searched for deserter from ship.
(2.) It shall be lawful for a Stipendiary Magistrate, on complaint of the master of any British ship to the effect that he has reasonable cause to believe that any seaman who has deserted while such ship is within the waters of the Colony is harboured, 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 to lodge such seaman in any Police Station and every such seaman shall, with all convenient speed, be brought before a Stipendiary Magistrate, to be dealt with as in herein before directed.
Penalty on person harbouring deserter from ship.
(3.) If any person harbours, conceals, employs, or retains, or assists in harbouring, concealing, employing, or retaining, any seaman belonging to the crew of any British ship who has deserted therefrom or otherwise absconded or absented himself from duty, while such ship is within the waters of the Colony, knowing such seaman to have deserted, absconded or absented himself from duty, or causes, induces, or persuades, or endeavours to cause, induce, or persuade, any such seaman 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 knowingly connives at the desertion, absconding, or absence from duty of any such seaman, such person so offending shall for every such offence, on summary conviction thereof before a Stipendiary Magistrate be liable to a penalty not exceeding two hundred and fifty dollars or to imprisonment, with or without hard labour, for any term not exceeding six months.