Application
of other provisions
of the Ondi.
manse to
trawlers.
opets.
agents
MANN or
crew.
57 58 Vict..
c.60. *.376(1) 0).
(1) the provision of scales of manning suitable for the intended service of trawlers to enauje that trawlers are not over nor under-manned, and to ensure that trawlers are not carrying passengers, save that the Director of Marine may permit experts or observers to be signed on as members of the crew for specific purposes or duties;
(i) the control of entry of boys under 16 years of age into the sea-fishing service, and the prescribing of forms of indenture and agreements with such boys and their enforcement; and
() the determining of fees in respect of registration, permits, clearances, certificates, surveys and other documents or services relating to such vessele not otherwise provided for under this Ordin- ance: Provided that the fees for all services shall be according to the scale preacribed by Tahle C as from time to time amended in so far as no regulation to the contrary is made hereunder.
(2) The Director of Marine may exempt any trawler from the provisions of any regalation made hereunder if he is satisfied that compliance therewith is either impracticable or no reasonable.
44. (1) Every trawling master owner and agent shall comply with-
(a) section 3(1)(4) as if the trawler were a ship trading in or from the waters of the Colony;
(b) section 5 as to all matters relating to
the engagement and discharge of crews;
(0) section 13 and the rules and regula- tions for vessels of the types to which this Part of this Ordinance applies, made by the Ministry of Transport under section 427 of the Merchant Shipping Act, 1894, and sections 4 and 5 of the Merchant Shipping (Safety and Load Line Conventious) Act, 1952, provided that the Director of Marine may in individual cases by notice in writing permit relaxations of such rules and regulations as are deemed necessary by him;
(d) section 8 as to the provision of medicines and medical stores on the appropriate scale.
(2) (a) Evory seaman lawfully engaged to serve in any trawler either on a voyage agreement or on a running agreement, and every apprentice or boy lawfully indentured in the sea-fishing service, shall be subject to the provisions of section 9 of the Ordinanco. In addition, for the offence of smuggling, that is to say for any act of amuggling of which any member of a crow is convicted and which causes loss or damage to the master or owner or agent, he shall be liable to forfeit n
sum sufficient to reimburse that loss or damage.
5
(3) A master of a trawler shall be liable
to punishment for the offences of desertion, absence without leave, wrongfully quitting the vessel, wilful damage, and amuggling, as if he were a seaman,
Part XII.
5 Sections 41, 42, 43, 44, 45 and 46 are hereby renumbered Renumbering 45, 46, 47, 48, 49 and 50 rospectively.
of sections
41 (0 46.
Passed the Legislative Council of Hong Kong, this 6th day of July, 1949.
Wettermat
Clerk of Councils.