Ordinance
No. 10 of 1899.
42
(a) neglect or refuse without reasonable cause to join his ship or to proceed to sea on his ship; or
ship; or
Time.
(b) desert or be absent without leave from his
(c) be absent without leave from his duty at any
(2) Nothing in this sub-regulation shall be taken to prejudice the provisions of paragraphs (a) and (b) of sub-section (5) of section g of the Merchant Shipping Ordinance, 1899, relating to forfeiture of effects or wages for desertion or absence without leave.
(3) Where an authorized officer has reasonable cause to believe that any person has contravened the provisions of sub- regulation (1) of this regulation, that person may be conveyed on board his ship by or under the directions of that officer.
(4) For the purpose of the last foregoing sub-regulation "authorized officer" shall be deemed to include, in addition to the persons mentioned in regulation 4 hereof, the master of the ship, any mate of the ship, the person having the management of the ship, any police officer, and the Director of Marine, the Assistant Director of Marine (Port Control), any Senior Marine Officer or any Marine Officer.
(5) In relation to ships to which this regulation applies, sub-regulations (a) and (4) shall have effect in substitution for the provisions of paragraphs (a) and (b) of sub-section (1) of section of the Merchant Shipping Ordinance, 1899, in the case of a British ship and a ship belonging to a subject of a foreign country to which section 233 of the Merchant Shipping Act, 1894. Vict. c. 80. for the time being applies, respectively.
57 & 68
(6) No person lawfully engaged to serve on board any ship to which this regulation applies shall
(a) join his ship, or be whilst on board his ship, in a state of drunkenness so that the performance of his duties or the navigation of the ship is thereby impeded;
(b) continually and wilfully disobey lawful com mands or continually and wilfully neglect his duty;
(c) assault the master or any mate or certified engineer of his ship; or
(d) wilfully damage his ship or embezzle or wil- fully damage any of her stores or cargo.
43
Nothing in this sub-regulation shall be taken to prejudice the provisions of paragraphs (c), (d), (e), (f), (g) and (h) of sub-section (5) of section 9 of the Merchant Shipping Ordinance Ordinance, 1899, relating to forfeiture of wages for wilful damage No. 10 of to a ship or embezzlement of, or wilful damage to, any of her stores or cargo.
(7) The ships to which this regulation applies are-
(a) every ship belonging to His Majesty or the Government of any British possession and every ship, whether British or foreign, chartered or requisitioned by or on behalf of His Majesty or the Government of any British possession ; and (b) every ship in respect of which there is for the time being in force a licence granted in pursuance of an order made under regulation 53 hereof.
(8) In any proceedings for an offence against this re- gulation, a certificate of the competent authority that at a particular time a ship was oue to which this regulation applies shall be evidence of that fact.
1899.
$20.
53. (1) Without prejudice to any navigation order, the Control of Governor, with a view to securing that British ships are used in trade by such manner only as may he considered experient in the public interest may by order provide that a British ship shall not proceed to sea from any port (whether within pr outside this Colony) except under the athority of a licence granted by such authority or person as may be specified in the order; and any such order may contain provisions whereby a licence under the order may be granted subject to such limitations and conditions as the authority or person granting the licence thinks fit to impose with respect to-
(a) the trades in which the ship may be engaged, and the voyages which may be undertaken by the ship;
(b) the class of cargoes or passengers which may be carried in the ship; and
(c) the hiring of the ship, and the terms upon which cargues or passengers may be carried in the ship; and may also contain such provisions with respect to incidental and supplementary matters as appear to the Governor to be necessary or expedient for the purposes of the order.
Any provisions of an order under this sub-regulation may be so framed so as to apply to any specified class of British ships, and so as to apply to any such ships either wherever they