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Harbour Master to refuse clearance. Schedule: Table D. Penalty for improper weight on safety valve.
Harbour Master may refuse clearance to ship carrying more passengers than allowed by certificate. Penalty for taking more passengers than allowed by clearance. Penalty on owner, etc., in like case. Production of passenger certificate. Deck passengers.
No. 10.] THE ORDINANCES OF HONGKONG: [A.D. 1890
the Harbour Master shall not grant a clearance, and if any such ship attempts to go to sea without a clearance, the Harbour Master shall detain her.
(4.) If any person places an undue weight on the safety valve of a steamship or increases such weight beyond the limit fixed by the Government surveyor, he shall, in addition to any other liabilities, be liable, by so doing, to a penalty not exceeding five hundred dollars.
Penalties for carrying Passengers in Excess of Numbers allowed by Certificate or Clearance.
12.-(1.) The master of every ship shall, on application to the Harbour Master for a port clearance, state the number of passengers he purposes to carry on the then projected voyage; and if such number is in excess of the number allowed by the passenger certificate, or exceeds twelve in the case of a ship which is not provided with a passenger certificate, the Harbour Master may refuse a port clearance to such ship. Any master who wilfully misrepresents the number of passengers so about to be carried, or leaves or attempts to leave any Port in the Colony without clearance, shall be liable to a penalty not exceeding two hundred and fifty dollars.
(2.) The master of any ship who, after having obtained a port clearance, leaves or attempts to leave the waters of the Colony with any number of passengers greater than that allowed by the said port clearance shall be liable to a penalty not exceeding two hundred dollars, in addition to a penalty not exceeding five dollars for every such passenger in excess of the number permitted to be carried by the said port clearance.
(3.) When the master of any ship has become liable under the provisions of the last preceding sub-section to the penalty therein mentioned, the owner, agent, or consignee of such ship shall be liable to a like penalty, unless he proves that such passengers were shipped without his knowledge or consent and that he derived no profit, benefit, or advantage from the shipping of such passengers.
(4.) It shall be lawful for the Harbour Master to refuse a clearance to any ship carrying more than twelve passengers, except on the production of the passenger certificate (being a certificate then in force and applicable), and he may detain such ship until such certificate is produced.
(5.) It shall be lawful for the Governor-in-Council to prohibit the conveyance of deck passengers by any ship.