Repeal of Ordinance No. 10 of 1899, 8. 37, and sub-
stitution of new section.
Interpreta- Lies.
Regulations.
Offences and penalty.
Launch or motor boat carrying an excessive number of persons.
Safety valve of licensed launch,
Safety valve of unlicensed launch.
Unseaworthi-
ness.
Inspection.
3. Section 37 of the principal Ordinance is repealed and the following section is substituted therefor :-
LAUNCHES AND MOTOR BOATS.
37.-(1.) In this section:-
"Launch" means any steamship not exceed-
ing sixty tons.
"Owner" includes charterer and agent. (2.) It shall be lawful for the Governor in Council to make regulations for the following purposes :--
(a) the licensing, regulation and control of launches and motor boats, and of the owners, masters and engineers of laun- ches and motor boats;
(3) the payment of fees in respect of licences, permits, clearances, certificates, surveys, and other documents and services relat- ing to launches or motor boats;
(e) the duties of the owners, masters and engineers of launches and motor boats; and
(d) the carrying out of the provisions of this
section.
(3.) Every person who does or is a party to any act forbidden by this section or by any regulation made thereunder, and every person who omits to do anything which he is required to do by this section or by any regulation made thereunder, and every licensee who commits a breach of any con- dition of his licence, shall, where no other penalty is provided, be liable to a fine not exceeding five hundred dollars.
(4.) If any unlicensed launch or motor boat carries more persons than it would be entitled to carry under the regulations made under this section, hav- ing regard to the size of the launch or motor boat, the amount of space available, and the part or parts of the waters of the Colony in which the launch or motor boat has carried such persons, or if any licensed launch or motor boat carries more pas- sengers than it is entitled to carry under the conditions of its licence, the owner and master shall be liable to a fine not exceeding five hundred dollars and to imprisonment for any term not exceeding three months.
(5.) If any person places on the safety valve of any licensed launch any greater pressure than is allowed under the conditions of the licence he shall be liable upon summary conviction to a fine not exceeding five hundred dollars and to imprisonment for any term not exceeding three months.
(6.) If any person places on the safety valve of any unlicensed launch any greater pressure than would have been lawful if the launch had been surveyed immediately before the occurrence of the alleged offence and had been licensed under this section, he shall be liable to a fine not exceeding five hundred dollars and to imprisonment for any term not exceeding three months.
(7.) If the owner or master of any launch or motor boat permits such launch or motor boat to ply while in an unseaworthy or unsafe condition by reason of overloading or from any other cause he shall be liable upon summary conviction to a fine not exceeding five hundred dollars and to imprison- ment for any term not exceeding three months.
(8.) It shall be lawful for the Harbour Master or the Government Marine Surveyor or any person authorised thereto by the Harbour Master or the Government Marine Surveyor to go on board any launch or motor boat at any time for the purpose of inspecting it, and no person shall obstruct any such inspection.
+
1
or auspension
(9.) It shall be lawful for the Harbour Master to Cancellation cancel, or to suspend for any period, any launch or of licence- motor boat licence if the Government Marine Sur- by Harbour veyor reports to him that from any cause the launch Master. is unfit for the servics for which it is intended, or if at any time he ceases to approve of the sureties to any bond given under the provisions of any regula- tion made under this section, or if from any other cause any such bond is or becomes invalid or ceases to be in force.
Cancellation (10.) It shall be lawful for the Governor in Council, or suspension for any cause which he may think fit, to cancel any of licence by launch or motor boat licence or to suspend it for Governor in
Council. any period.
or auspen-
(11.) It shall be lawful for the Harbour Master Cancellation to cancel, or to suspend for any period, any sion of certificate of competency issued by virtue of the certificate of provisions of this section, if it is proved to his competency satisfaction after due enquiry that the holder of the by Harbour certificate has been guilty of any incompetency or negligence in the performance of his duties as master or engineer as the case may be.
Master.
or suspen-
(12.) It shall be lawful for the Governor in Cancellation Council, for any cause which he may think fit, to sion of cancel any certificate issued by virtue of the provi- certificate of sions of this section or to suspend it for any period. competency
by Governor in Council.
of licence or
(13.) If upon the cancellation or suspension of Delivery up any such licence or certificate, the licensee, or the certificate holder of the certificate as the case may be, or any upon can- person in possession of such licence or certificate, cellation or fails to deliver up the licence or certificate to the suspension. Harbour Master forthwith upon demand he shall be guilty of an offence against this Ordinance.
Disoberlience (14.) No master or other person in charge of any of order of launch or motor boat shall disobey any lawful order Harbour of the Harbour Master.
Master.
(15.) This section shall not apply to launches or Exemption, motor boats which are the property of His Majesty
or of any foreign state.
(16) Nothing in this Ordinance shall be con- Collision strued as exempting launches or motor boats from regulations. compliance with the regulations for the prevention 57 and 58 of collisions which are in force in the colony under Vic. c. 60, or by virtue of the provisions of the Merchant Ship- ping Act, 1894.
B. 418.
4. (1.) It shall be lawful for the Governor in Council Regulations to make regulations for the purpose of prohibiting, relating to
embarkation restricting, regulating and controlling in any manner and landing, whatsoever the embarkation or landing of persons or things on or from vessels of all kinds.
(2.) The powers conferred by this section shall be without prejudice to any powers already possessed by the Governor in Council.
Passed the Legislative Council of Hongkong, this 5th
day of April, 1917.
E. BULLOCK,
Clark of Councils.
Assented to by His Excellency the Governor, the 5th
day of April, 1917.
CLAUD SEVERN,
Colonial Secretary.
70