345
22
No. 10 of 1899.
MERCHANT SHIPPING.
[s.10 contd.] other certificates equivalent to those required under this section, the same being in force and applicable, and which have been issued under the provisions of the Merchant Shipping Acts or any enactment in force in any British possession; and
22. Geo. 5, c. 9, s. 36.
Passenger ship not to clear
without certificates
of survey.
57 & 58 Vict. c. 60, s. 271 (1) (6), (2).
Appoint- ment and
remunera- tion of surveyors. [cf. 57 & 58 Vict. c. 60,
s. 724 (1) & (3) and 22 Ceo. 5, c. 9,
s. 8.]
Surveyor to have power to inspect ship, etc. [cf. 57 & 58 Vict. c. 60, s. 725.]
(b) foreign ships which have from their own country or from the country from whose flag they have been transferred or from any British possession passenger certificates or survey and other certificates equivalent to those required in the case of British ships: Provided that, in the event of any question arising as to the sufficiency of any foreign certificate to protect the ship holding the same from survey under this section, such question shall be referred for settlement to the Governor in Council, whose decision thereon shall be final:
Provided that paragraphs (a) and (b) of this sub-section shall as from the 16th day of July, 1936, cease to apply to Safety Convention passenger ships plying on international voyages.
(3) No passenger ship which carries more than twelve passengers shall clear outwards or proceed on any voyage from the Colony unless the master has the certificates as to survey required under this Part, the same being in force and applicable to the voyage on which the ship is about to proceed, or, in the case of a foreign ship, certificates equivalent to those required in the case of a British ship. Any passenger ship attempting to go to sea may be detained until such certificates as aforesaid are produced to the Harbour Master.
(4) The Governor may appoint such number of fit and proper persons to be Government surveyors for the purposes of this Ordinance as he may think proper, and appoint their duties, and may remove any of them, and may fix the remuneration to be received by them. Such Government surveyors may be classified as ship surveyors, engineer surveyors and wireless telegraphy surveyors.
(5) It shall be lawful for the said surveyors, in the execu- tion of their duties, to go on board any ship to which this section applies, at all reasonable times, and to inspect the same or any part thereof, or any of the machinery, boats, equipments or articles on board thereof, or any certificates of the master, mate or engineer, to which the provisions of the Merchant
MERCHANT SHIPPING.
No. 10 of 1899.
23
Shipping Acts or any Ordinance apply, not unnecessarily [s.10 contd.] detaining or delaying the ship from proceeding on any voyage; and if, in consequence of any accident to any such ship or for any other reason, they consider it necessary to do so, to require the ship to be taken into dock for the purpose of surveying the hull thereof; and every person who hinders any such surveyor from going on board any such ship, or otherwise impedes him in the execution of his duty under this Ordinance, shall be liable
to a fine not exceeding fifty dollars.
(6) The Governor in Council may issue instructions to Regulations Government surveyors and make regulations as to the manner
as to surveys.
Table C.
in which surveys of ships are to be made, as to the notice to 57 & 58 Vict be given to the Government surveyors when surveys are required, (3); 22 Geo. c. 60, s. 724 and as to the amount and payment of the fees due, and of any 5, c. 9, s. 1 travelling or other expenses incurred by such surveyors in the
(1).
execution of their duties. The Governor in Council may by such regulations determine the persons by whom and the conditions Regulations under which any such payment shall be made. The power to make such regulations shall include a power to make such regulations applicable to passenger ships plying on international voyages as appear to the Governor in Council to implement the provisions relating to construction, machinery, equipment and marking of load-lines which are contained in Chapter II of the International Convention for the Safety of Life at Sea, 1929, and the Regulations referred to therein (except so far as the said provisions are otherwise implemented by the Merchant Shipping Acts or this Ordinance).
Such instructions and regulations may-
5, c. 9, s.
(i) modify any such requirement, as respects passenger (cf. 22 Geo. ships plying on any international coasting voyage, if and to
1 (1) (4).] the extent that the Governor in Council is satisfied that the risks incurred by passenger ships plying on that voyage are such as to make it unreasonable or unnecessary to require ships so plying to comply with that requirement; and
5, c. 9, s.
(ii) modify any such requirement, as respects ships for [ef. 22 Geo. the time being engaged in any passenger trade in which they 1'(1) (0) are employed in the carriage of large numbers of unberthed passengers, if the Governor in Council is satisfied that compli-
246