information,
a
copy
of a
Copy
feerther memorandeem by
The Cunliffe
45
on
the subject.
Yours & faithfaetter;
MEMO
from
Solicitors Department.
re HONG KONG ORDINANCE.
C. P. Lucas Esq
Enclos in no.
BOARD OF TRADE.
to
70
Sir Courtenay Boyle, K.C.B.,
&C.,
&C.
25th August, 1900.
See print with M.7458/
1900.
seck.s 785-6
M.S.A.194
I am sending herewith my observations upon the
letter from Mr C.P.Lucas to the Assistant Secretary,
Marine Department, Board of Trade, dated 11th April last,
together with a print of the Ordinance with my notes there.
on.
I think that I should add that the Merchant
Shipping Act of 1894, being an Imperial Act, cannot in my
opinion, be altered or varied by a Colonial Ordinance
in regard to the duties and obligations by that Act
imposed upon British ships and their owners and officers,
except in the case of ships registered in the Colonial
Registry, and except so far as it may be necessary to
legislate for local requirements, which, however, must not,
it seems to me, clash with the provisions of the Merchant
Shipping Act, 1894, in cases already provided for by that
Act as regards British ships not registered in the Colonial
Registry.
This principle has to a considerable extent
been recognised in this Ordinance, but not in all cases,
and I have called attention to it in my notes when it
appears to me to have been overlooked.
There are
various sections in the Merchant Shipping Act, 1894, refer-
ring to Colonies British Possessions, and Sections 735
3
and