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Penalty on person
harbouring deserter.
Harbour Master may require master to search for deserters, and to make declaration
of such search.
Offences against discipline.
Hongkong-Port Regulations, &c.
accordingly. If any person, larbours or secrets any deserter liable to be apprehended under this sub-section knowing or having reason to believe that he has deserted, he shall for each offence on summary conviction before a Stipendiary Magistrate be liable to a penalty not exceeding 100 dollars.
(3.) If any person harbours, conceals, employs, or retains, or assi-ts in harbouring, concealing, employing, or retaining, any seaman belonging to the crew of any British ship who has deserted therefrom or otherwise absconded or absented himself from duty, while such ship is within the waters of the Colony, knowing such seaman to have deserted, absconded, or absented himself from duty, or causes. induces, or persuades, or endea- vours to cause, induce, or persuade, any such seaman in any manner whatsoever to violate, or to attempt or endeavour to violate, any agreement which he may have entered into to serve on board any such such ship, or knowingly connives at the desertion, absconding, or absence from duty any such seaman, such person so offending shall for every such offence, on summary con- viction before a Stipendiary Magistrate. be liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment, for any term not exceeding 6 months.
(4.) The Harbour Master or his deputy, before granting a port clearance to any ship, may, if he has reasonable grounds for believing that any deserter is concealed on board of such ship, proceed on board thereof, and then and there require her master to institute due and diligent search for such deserter, and further, if he deems it necessary, require the master to make a statutory decla- ration that to the best of his knowledge and belief, after due and diligent search, no such deserter is concealed within or about his ship; and any master of a ship who refuses or unnecessarily delays to comply with such requisition shall, on summary conviction before
liable Stipendiary Magistrate, be
to a fine not exceeding 200 dollars; and any master of a ship who makes any such statutory declaration containing any false statement shall be guilty of a misdemeanor.
4.
(5.) If a seaman lawfully engaged, or an apprentice to the sea service, commits any of the following offences within the waters of the Colony, he shall be liable to be punished summarily as follows:-
Hongkong-Port Regulations, &c.
(a.) If he deserts from his ship, he shall be guilty of the offence of desertion, and be liable to forfeit all or any part of the effects which he leaves on board, and of the wages which he has then earned, and also to satisfy any excess of wages properly paid by the owner or master of the ship to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him; and also he shall be liable to imprisonment for any period. not exceeding twelve weeks :
(b.) If he neglects, or refuses without reasonable cause, to join his ship or to proceed to sea in his ship, or is absent without leave at any time within twenty-four hours of the ship's sailing from the Colony, either at the commencement or during the progress of a voyage, or is absent at any time without leave and without sufficient reason from his ship or from his duty, he shall, if the offence does not amount to desertion or is not treated as such by the master, be guilty of the offence of absence without leave, and be liable to forfeit out of his wages a sum not exceeding 2 days' pay, and in addition for every 24 hours of absence, either a sum not exceeding six days' pay or any expenses properly incurred in hiring a substitute and also he shall be liable to im- prisonment for any term not exceeding 10 weeks.
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(c.). If he quits his ship without leave after her arrival and before she is placed in security, he shall be liable to forfeit out of his wages a sum not exceeding one mouth's pay;
(d.) If he is guilty of wilful disobedience to any lawful command, he shall be liable to impri- sonment for any term not exceeding four weeks, and also to forfeit out of his wages a sum not exceeding 2 days' pay;
(e.) If he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, he shall be liable to impri- somment for any term not exceeding twelve
M.S Art,
1894, s. 221.
ib.
ik. s. 225.
M.S. Act. 1894. s. 223.
ih.
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