Deck carro,
Increase of bennicker
for offence do
damen Kern with
para fer TCLKER.
14
24. (1) The Governor may make regulations (in this section referred to as "the deck cargo regulation") prescribing requirements to be complied with where cargo is carried in any uncovered space on the deck of a ship to which this Act applies; and different requirements may be so prescribed in relation to different descriptions of ships, different descriptions of cargo, different voyages or classes of voyages, different seasons of the year or any other different circumstances.
(2) If the load line rules provide (either generally or in particular cases or classes of cases) for assigning special freeboards to ships which are to have effect only where a cargo of timber is so carried, then (without prejudice to the generality of the preceding subsection) the deck cargo regulations may prescribe special requirements to be complied with in circumstances where any such special freeboard has effect.
(3) In prescribing any such special requirements as are mentioned in the last preceding subsection, the Governor shall have regard in particular to the provisions of Chapter IV of the Convention of 1966.
(4) If any provisions of the deck cargo regulations are contravened—– (a) in the case of a ship registered in Hong Kong, or
(b) in the case of any other ship while the ship is within any port
of the Colony.
the master of the ship shall fsubject to the next following subsection) be puilty of an offence and liable on summary conviction to a fine not exceed- ing fifteen thousand dollars.
(3) Where a person in charged with an offence under the last preceding subsection, it shall be a defence to prove bai the contravention was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master bor the owner nor the charterer (if any) could have prevented or forestalled.
(6) For the purpose of securing compliance with the deck cargo regula- tions, any person authorized in that behalf by the Director of Marine may inspect any ship to which this Act applies which is carrying cargo in any uncovered space on her deck; and for the purposes of any such inspection any such person shall have in Hong Kong all the powers which a Board of Trade Inspector has in the United Kingdom under the Merchant Shipping Act 1894(a).
Miscellaneous and supplementary provisions.
23. (1) A person who after the entry into force of this Act in Hong Kong commits an offence under any of the enactments specified in column 1 of Schedule ¦ to this Act stull finstead of being liable on summary con- viction to the penalty specified in column 2 of that Schedule) be liable. on conviction as mentioned in column 3 of that Schedule, to the penaly specified in the said column 3.
(2) Section 1 of this Act shall not have effect for the purposes of this section.
(a) 1894 m. 60.
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26. (1) In respect of any survey or inspection carried out in pursuance of the load line rules, and in respect of any certificate issued under this Act, there shall be paid such fee as may be prescribed by regulations made by the Governor.
(2) Subject to the next following subsection, any fees payable under the preceding subsection shall be paid to the Government of Hong Kong. (3) The last preceding subsection shall not apply to any fee paid In respect of
(a) a survey or inspection which is carried out otherwise than by a surveyor of ships appointed under the Merchant Shipping Ordin- ance(a), or
(b) a certificate issued otherwise than by the Governor,
27. (1) Without prejudice to the operation of section 34(2) of this Act. section 69 of the Merchant Shipping (Safety and Load Line Conven- tions) Act 1932 as extended to Hong Kong by the Merchant Shipping Load Line Convention (Hong Kong) No. 1 Order 1938(b) (notice to be given to consular officer where proceedings taken in respect of foreign ships) shall have effect as if any reference therein to that Act included a reference to this Act.
(2) Where a ship is detained under any provision of this Act which provides for the detention of a ship until an event specified in that provi- sion occurs, section 46 of the Merchant Shipping Ordinance (which relates to the costs of deleation) shall apply as if the ship had been finally detained under that Ordinance.
(3) The provisions of section 31 of that Ordinance (delivery up of certificate) and of section 35 of that Ordinance (penalty for forgery of certificate or declaration) shall have effect is relation to any certificate which can be issued under this Act as they have effect in relation to $ Padscoger steamer's certificate.
(4) Section 436(3) of the Merchant Shipping Act 1894 (which provides for recording the draught of water and the freeboard of ships) shall not have effect in relation to ships to which this Act applies, except any such ship which, by virtue of any order made or exemption conferred under this Act, is exempt from all the provisions of this Act
(5) Any certificate issued under this Act shell be admissible ja evidence.
28. (3) Where Her Majesty has, by Order in Council made under section 28(3) of this Act as in force in the United Kingdom, directed (subject to the limitation therein mentioned) that certificates issued under provisions of the law of any country or territory (other than Hong Kong) in respect of the ships referred to in such Order shall have the like effect for the purposes of this Act as in force in the United Kingdom as if they were United Kingdom load line certificates, such certificates shall (subject to the same limitation) have the like effect in respect of such ships for the purposes of this Act as extended to Hong Kong as if they were Hong Kong load line certificates.
00 Law of Hout Kong, Revised Edition 1967. Cap. 181. WS. & 0. 1938/701 (Rev. XIV, p. 184: 1900, A. 20963.
Provisions o
TOEL
Miscellaneouk
La plena canary. PYOYHOOL.
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