N° 59

Enclosure No. 1.

Enclosure No. 2.

Aned &

My Lord,

GOVERNMENT HOUSE,

HONGKONG. 11th February, 1931.

I have the honour to submit for the

signification of His Majesty's pleasure the following

Ordinance intituled:-

An Ordinance to amend the Merchant Shipping

2.

Ordinance, 1899.

As in the case of the principal

Ordinance this Ordinance has a suspending clause. It

is an Ordinance which affects shipping.

3.

The enclosed report of the Attorney

General explains the objects and reasons of the

Ordinance.

THE RIGHT HONOURABLE

LORD PASSFIELD,

&C..

&c.,

&C.

I have the honour to be,

My Lord,

Your Lordship's most obedient,

humble servant,

me

Governor, &c.

پر

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Enclosure No. 2.

ATTORNEY GENERAL'S CHAMBERS,

HONG KONG.

6th February, 1931.

REPORT ON ORDINANCE No.

5....... 1931.

1. I have examined the accompanying Ordinance intituled an

Ordinance to amend the Merchant Shipping Ordinance, 1899, and

I am of opinion that the Ordinance is one which is not contrary

to the Governor's instructions.

2.

Table I in the Schedule to the Merchant Shipping Ordinance

(Ordinance No. 10 of 1899) in the Ordinances of Hong Kong, 1844

1923 as it appears in the Revised Edition of 1924 is as follows:-

TABLE I.

ss.5(5) & 43(3).

FEE TO BE CHARGED AT THE MERCANTILE

MARINE OFFICE.

1.- Engagement or discharge of crews

In ships under 100 tons

100 to 400 tons

400 to 700 tons

700 to 1,000 tons

$5.00

10.00

15.00

20.00

and so on for ships of larger tonnage adding for every

300 tons or part of 300 tons, 5 dollars.

2.- Engagement or discharge of seamen.

Separately 80 cents each.

Overtime fee, when engagement or discharge takes place on

board ships.

From 8 a.m. to 9 a.m. and 5p.m. to 6 p.m.

$5 per hour.

From 6 a.m. to 8 a.m.,

Before 6

and 6

p.m.

to 8 p.m

10 per hour.

a.m.

and after 8 p.m.

20 per hour.

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Any portion of an hour shall count as one hour.

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3.

Section 5(5) of the said Ordinance provides for the

payment upon all engagements and discharges of "such fees, not

exceeding the sums specified in Table I in the Schedule, as may

be fixed by the Governor in Council".

4.

The unprecedented fall in the sterling exchange value

of the local dollar and the necessity for revising and

adjusting the sources of revenue to meet current needs has

brought this Table of fees under review with the result that

the new Table I set out in section 2 has been approved by the

Government of the Colony.

5.

Section 3 includes wireless telegraph operators in Table

J so as to bring it into line with the new Table I. Such

persons were not contemplated at the time of the passing of

Ordinance No. 10 of 1899. Table J is also revised by the

substitution of the word "seamen" for the word "crew" as being

a word the precise meaning of which is ascertainable from the

provisions of the principal Ordinance, under section 2 of which

"seamen" includes every person (except masters, pilots and

apprentices duly indentured and registered) employed or

engaged in any capacity on board any ship.

6. Clause 4 repeats the suspending clause which was

included in the principal Ordinance (section 47 of Ordinance

No. 36 of 1899, as numbered before the renumbering as

Ordinance No. 10 of 1899 in Sir John Carrington's Revised

Edition of the Ordinances from 1844-1901) in consequence

1894. The

of section 735 of the Merchant Shipping Act,

principal Ordinance of 1899 and the amending Ordinances of 1901

and 1903 were confirmed by His Majesty's Order in Council of

the 10th August, 1903 (No. 674 on p. 313 of Vol. 8 of the

Statutory Rules and Orders Revised to 31st December, 1903)

and was proclaimed in the Colony on the 18th September, 1903

(Proclamation No. 6 in Hong Kong Government Gazette of the

18th September, 1903, p.1071).

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