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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