MERCHANT SHIPPING.
No. 10 of 1899.
669
seamen from imposition, to discipline, to official logs, and to [s. 41 contd.] crimes committed abroad shall apply, mutatis mutandis and so far as the same can be extended, to all ships registered in this Colony, when such ships are within the waters of the Colony, and to the owners, masters and crews of such ships.
[cf. 57 & 58 Vict. c. 60, s. 264.] Trial in the Colony of misdemeanors and
(2)* (a) Every offence declared by the Merchant Shipping Acts or by this Ordinance to be a misdemeanor may, if tried in this Colony, be tried by the Supreme Court in the same manner as other misdemeanors are tried, and may also, unless otherwise expressly provided, instead of being prosecuted before the Supreme Court, be prosecuted summarily in accordance with the procedure established by the Magistrates Ordinance, 1932, but, if so prosecuted, shall be punishable by the magistrate only with imprisonment for any term not exceeding six months or with a fine not exceeding one thousand dollars.
Ordinance No. 41 of 1932.
[cf. 57 & 58 Vict. c. 60, s. 680.]
(b) Every offence made punishable by the Merchant Shipping Acts by imprisonment, with or without hard labour, for any term not exceeding six months or by a fine not exceeding one hundred pounds may be prosecuted summarily before any magistrate, and may be punished by imprisonment for any term not exceeding six months, or by a fine not exceeding one thousand dollars.
(c) The provisions of the Magistrates Ordinance, 1932, with regard to appeals shall apply to all summary convictions under this section.
Ordinance No. 41 of 1932.
Trial of offences and recovery of penalties, etc., under
(3)* All offences against this Ordinance, except when otherwise provided, may be heard and determined by any magistrate, and all penalties and forfeitures imposed and declared by and expenses recoverable under this Ordinance, except when otherwise provided, may be recovered and enforced in a summary manner; and a marine magistrate shall, in relation to all such offences, penalties, imprisonment for default, forfeitures and expenses, have the like powers and authority as are given to a magistrate under the Magistrates Ordinance, 1932, in respect of offences triable on summary conviction.
cf. 22 Geo. and No. 41 of 1932, s. 5, c. 9, s. 72-62.
(3A) Where any foreign ship is detained under the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, notice to be given to
* See also No. 25 of 1934 [Merchant Shipping (No. 2) Amendment], s. 5 and No. 22 of 1937 [Merchant Shipping Amendment], s. 2 (not yet in force on 1.1.1938).
nearest con-