9
Agreement to be made with
Beamen.
[ef. pr. Act, 4.113.]
Fees upon engage- ment and dis- charge. Regula- tions,
Table 3.
(2) No seaman shall, except with the sanction of the Director, be engaged to do duty on board a British ship, or any foreign ship whose flag is not represented by a consular officer resident in the Colony, elsewhere than at the Mercantile Marine Office. The Superintendent shall require the production of a certificate of discharge from such seaman's last ship, and failing production such seaman shall be bound to give a satisfactory explanation to the Director of the cause of such non-production.
[8(2)
10. (1) The master of every British ship, and of every foreign ship whose flag is not represented by a consular officer resident in the Colony, shall enter into an agreement with every seaman whom he engages in the Colony and carries to sea as one of his crew, in the form and manner provided by the Merchant Shipping Acts: Provided that such agreement may be made for a voyage or, if the voyages of the ship average less than six months in duration, may be made to extend over two or more voyages, and an agreement so made to extend over two or more voyages shall be referred to as a running agreement : Provided also that a running agreement shall not be for a longer period than six mouths or the first arrival of the ship at her port of destination in the Colony after the expiration of that period, or the discharge of cargo consequent on that arrival. [5(3)
(a) The master of any such ship who carries any seaman to sea without entering into an agreement with him in accordance with this section shall be liable to a fine of five hundred dollars. [6(4)
11. (1) The Governor in Council may by regulations pres- cribe the fees which shall be payable upon all engagements and discharges.
[5(5)
(2) The Superintendent shall cause a scale of such fees together with a copy of this section, to be conspicuously exhibited in the Mercantile Marine Office, and may require the payment of such fees before proceeding with any engagement or dis- charge.
(5(6)
(3) The master of a ship engaging or discharging any seaman at the Mercantile Marine Office shall pay to the Superintendent the whole of the requisite fees.
(5(6)
12.
upon dis.
for seaman left behind
Colony.
(1) No master shall discharge in the Colony any seaman Procedure from any ship, British or foreign, without the sanction of the
charge, and Director or of the consular officer, if any, representing the nation provision to which such ship belongs, and unless due provision is made for the subsistence and maintenance of such seaman to the or remain- satisfaction of the Director in the case of a British ship or of a
ing in foreign ship whose flag is not represented in the Colony by a consular officer or to the satisfaction of such consular officer in the case of a foreign ship whose flag is so represented, and any master who discharges a seaman în contravention of this subsection shall be liable to a fine of two hundred dollars: Provided that no such provision shall be necessary in respect of any seaman who was engaged in the Colony, or any seaman who being a native of Hong Kong or South China is discharged in accordance with the terms of his agreement.
[8(7)(0)
(2) Any seaman who wilfully or negligently remains in the Colony after the departure of his ship shall be liable to a fine of two hundred dollars or to imprisonment for three months. [5(7)(b)
(3) No seaman shall except with the sanction of the Director be discharged from a British ship, or any foreign ship whose flag is not represented by a consular officer resident in the Colony, elsewhere than at the Mercantile Marine Office.
[5(8)
(4) Whenever any seaman is discharged at the Mercantile Marine Office from any ship within the Colony, the master of such ship shall give to such seaman at the time of such discharge a written certificate of discharge, specifying the time and nature of service, and the time of discharge of such seaman, signed by himself, and shall give him a true account in writing of his wages and of all deductions therefrom.
[5(0)
(5) Any master or any other person belonging to any British ship who wrongfully forces on shore and leaves behind, or otherwise wilfully and wrongfully leaves behind in the Colony any seaman or apprentice belonging to such ship before the completion of the voyage for which such seaman or apprentice was engaged, shall be liable to a fine of five hundred dollars or to imprisonment for six months.
[5(11)
process.
13. No seaman who has been actually shipped on board Protection any vessel in compliance with this Ordinance shall, during the from time for which he is then shipped, be liable to be arrested on civil process, unless the debt or demand exceeds the sum of five hundred dollars: Provided always that by the term "seaman' in this subsection shall be meant only a person who has, within