(8.) The master shall, if and when required by any Production
officer of the Harbour Department, produce for of record. inspection any record kept by him for the
purpose of this section.
(9) If the master of a ship fails to comply with any Penalty. requirement of subsections (7) and (8) of this section he shall be liable on summary convie- tion for each offence to a fine not exceeding one hundred dollars.
Provided always that subsections (1) to (6) of this Provisos. section and all rules made thereunder shall apply to all foreign ships while within the waters of the Colony to the same extent us they apply to British ships: Provided also that the said provisions shall not apply to any ship of a foreign country with regard to which His Majesty has by Order in Council directed that the provisions in force in that country relating to life-saving appliances appear to His Majesty to be as effective as the provisions of Part V of the Merchant Shipping Act 1894 on proof that such provisions are complied with in the case of that ship.
7. Section 14 of the Principal Ordinance is hereby amended as follows:-
(a) by the insertion of the words "and all foreign Extension of
ships in the waters of the Colony" after the deck and word " Colony" in the first line of subsection load line
provisions to (1) thereof;
foreign ships. (b.) by the insertion of the words "not carrying cargo" after the words "twenty-five tous" in the second line of subsection (1) thereof; (c) by the insertion of the words "and of every
foreign ship in the waters of the Colony after the word “ Colony " in the second line of subsection (2) thereof;
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(d) by the insertion of the words "not carrying cargo" after the words "twenty-five tous" in the second line of subsection (2) thereof;
(c) by the insertion of the words "and of a foreign abip in the waters of the Colony" after the word "ship" in the first line of subsection (3) thereof;
(f) by the insertion of the words "not carrying cargo" after the words "twenty-five tous" in
the second line of subsection (3) thereof;
(g) by the insertion of the word "Foreign" after the word British" in the first line of subsection (6) thereof;
(4.) and by the addition of the following words at the end of the section: "Provided that this section shall not apply to any ship of a foreign country with regard to which His Majesty in Council bas under section 445 of the Merchaut Ship- ping Act 1894 directed that ships of that country shall not be liable to detention fine or penalty on proof that snch ship has complied with the laws and regulations of that country."
8. Section 16 of the Principal Ordinance is hereby repealed and the following shall be substituted for and read in lieu thereof :-
(1.) No cargo of which more than one-third consists Grain Cargo
of any kind of grain, corn, rice, paddy, pulse,
seeds, nuts, or nut kernels, hereinafter referred
9. Section 18 of the Principal Ordinance is hereby Foreign ships amended by the insertion of the words "of the defective overloading. condition of her hull equipments or machinery or" after the words "by reason" in line 3 thereof, and by the addition of the following words at the end of the section: "This section shall apply to all foreign ships within the waters of the Colony whether those ships take on board any cargo within the waters of the Colony or not."
10. Nothing in the provisions of sections 13, 14, 16 Saving for and 18 of the Principal Ordinance as amended by this foreign Ordinance shall affect any foreign ship not bound to this ships Colony which comes into the waters of the Colony for any ander stress
coming in purpose other than the purpose of embarking or landing of weather, passengers or taking in or discharging cargo or taking in ete. bunker coal,
11. Excepting sections 5, 8, 10, 12 and 14 to 24 of General the Merchant Shipping Aet 1906 all the provisions of that inclusion Act which are not inconsistent with the provisions of the clause. Principal Ordinance are hereby declared, mutatis mutandis and so far as the same can be extended, to apply to all snips registered in this Colony when such ships are within the jurisdiction of this Government and to the owners and masters and crews of such ships.
12. Subsection (7) of section 37 of the Principal Or- Extension of dinance is hereby amended by the substitution of the provisions re- words "is under way whether plying for hire or not" garding, for the word "plies"
certificated in line 2 of the said subsection and masters and by the addition of the following proviso at the end of the engineers. said subsection :-
"Provided always that the Harbour Master may in his Motor boats.
discretion issue the permits provided for in the
said Table E in the case of motor boats."
13. The provisions of subsections (22) and (23) of section Motor boats. 37 of the Principal Ordinance in relation to the survey of steamships not exceeding sixty tons and the penalty for the use of unsurveyed steamships shall hereafter have applica- tion in the case of all motor boats not licensed under the Principal Ordinance but being in the waters of the Colony in so far as relates to the machinery of such motor boats in the same manner mutatis mutandis as the survey of boilers is required and a penalty imposed for non-observance of such requirement.
Objects and Reasons,
The object of this Ordinance is to bring the law of this Colony relating to Merchant Shipping into line with the law of England by incorporating in the Merchant Ship- ping Ordinance 1899 certain provisions of the Merchant Shipping Act 1906 especially those extending to foreign ships the duties and liabilities at present imposed on British shipping in respect of deck and load line and of life-saving appliances.
Provision is also made for the survey of motor boats not licensed under the Principal Ordinance.
W. REES DAVIES, Attorney General,
to as "grain cargo") shall be carried on board
any ship, unless such grain cargo is contained
in bage, sacks or barrels or secured from shift-
ing by boards, bulkheads, or otherwise.
(2.) If any ship arrives within the waters of the Penalty,
Colony with grain cargo loaded contrary to the provisions of this section the master thereof shall be liable on summary conviction to a penalty not exceeding five hundred dollars.
(3.) If the owner or master of any ship, or any agent Penalty. of any ship, knowingly allows any grain cargo
or part of a grain cargo to be loaded therein contrary to the provisions of this section, or sends or attempts to send such ship to sea, he shall for every such offence be liable on sum- mary conviction to a penalty not exceeding five hundred dollars.
Explanation of the proposed Amending Ordinance,
This Ordinance gives effect to the provisions of certain sections of the Merchant Shipping Amendment Act 1906 (6 Edw. 7 Ch. 48) which a general inclusion clause would fail to do, by reason of the fact that they refer to the United Kingdom only, or in some other way, as they stand, do not apply to this Colony. Section 11 deals with the remainder of the 1906 Act. Sections 2, 12 and 13 are for a different purpose, and deal with the regulation of motor boats.
Section 2.--The amendment to the definition of "sea- " is rendered necessary by section 19 (2) of the 1906 Act.
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