1948-HKRS29-8-15_Part04 — Page 6

Unlawful

loading of goods

destined for

China.

First Schedule.

Unlawful Landing or Attempted landing of goods

lestined

for China.

Unlawful

entry into proliibited areas by

vessels

carrying

goods

destined for

Chipa.

Second

Schedule.

Chinese

Maritime

Cestoupa to beve power 10 Patrol in prohibited

area and

to board

and examina

the papers of

vessels fceod in such area.

3.

It shall be unlawful-

(a) in any place except the Harbour to load or cause or permit to be loaded on any vessel having a net registered tonnage of 200 or more tons any cargo destined for China;

(b) in any place, except auch places as are specified in the First Schedule hereto, to load or cause or permit to be loaded on any vessel of less than 200 net registered tons any cargo destined for China:

Provided that nothing in this section shall make it unlawful with the previous consent in writing of the Director of Marine lo load or cause or permit to be loaded on any vessel elacwhere than in such place so is in this section provided any cargo destined for China.

4. (1) It shall be unlawful to land or attempt to load any cargo destined for China from any vessel loaded fo Hong Kong in any place except the port for which such cargo was cleared.

(2) It shall be lawful for the Director of Marine to refuse clearance in respect of any cargo destined for China or to grant clearance in respect only of a particular port. In the exercise of the above discretion the Director of Marine shall not in accordance with any directiona he may receive from the Governor in Council.

(3) If any vessel to which this section applies is found proceeding on a course and in circumstances which render it unlikely, in the opinion of the magistrate before whom the master thereof is charged, that such master had any intention of landing the cargo at the port for which it was cleared then, unless auch mester shall satisfy the magistrate that he intended to land such cargo at such port, the magistrate may find him guilty of an attempt to commit an offence contrary to the provisions of sub- section (1) of this saction.

5.

It shall be unlawful for any vessel carrying cargo destined for a port in China to enter auch of the territorial waters of the Colony as are specified in the Second Schedule to this Ordinance (hereinafter referred to as the prohibited area ") without having previously been cleared in Hong Kong for such port of destination in respect of all the cargo so carried.

**

8. (1) It shall be lawful for any vessel of the Chinese Maritime Customs to patrol the prohibited area and to require any vessel found therain to stop in order that its papers may be examined.

(2) It shall be lawful for the Chinese Maritime Customs

(a) to board any vessel stopped pursuant to sub- section (1) of this section and examine the papers of such vessel for the purpose of ascertaining whether the provisions of this Ordinance have been observed; and

(b) in the event of any breach of this section to require such vessel to proceed to such point within the territorial waters of the Colony as the Chinese Maritime Customs shall specify; and

(c) to take all reasonable steps to ensure compliance with any such requirement provided that no mora force than is necessary shall be employed.

(3) It shall be an offence against the Ordinance for any vessel to refuse to stop when required so to da nuder this section or for any master to refuse to produce, or to obstruct the examination of, papers lawfully required hereunder, or to fail to proceed to any point to which the vessel has lawfully been directed to proceed under sub-section (2) of this section.

7. (1) Whenever any police or harbour authority receives Prosecution a complaint from the Chinese Maritime Customs that the master of offenders.

Power af of a vessel has committed an offence against this Ordinance such police and authority shall take all necessary steps to inquire into the offence harbour

authority. and prosecute the offender.

(2) Such authority shall for such purposes God also for the purpose of enforcing this Ordinance have all the powers conferred by section 30 of the Merchant Shipping Ordinance, 1899, Ondinance as if the same had been herein set forth save that the expression No. 10 Of offence against this Ordinance" shall be substituted for the 1899. 8.30. expression felony or misdemeanor" wherever the same occurs

IN

in the said Ordiuance and save that a refusal to comply with the lawful requirement of such anthority shall be deemed to be an offence against this Ordinance and be punishable accordingly.

8.

(1) No person shall export or attempt to export goods Export of into China at any place across the land frontior between Hong goods

into China Kong and China except the following:-

prohibited (a) such points at Sha Tau Kok as the District save at Officer, New Territories, shall, in such manner as he deems best excepted

places. calculated to inform the public, specify or mark ;

(6) such points opposite Lin Tong as the District Officer, New Territories, shall, in such manner as he deems best calculated to inform the public, specify or mark;

(2) the points where the Kowloon-Canton rowd

crosses the frontier;

(d) Lo Wu Railway Bridge;

(*) such places as the Governor in Council may by

regulation prescribe.

(2) An attempt to export gooda into China under sub- section (1) of this section shall be deemed to have been made by any person found in possession of goods at any point within 50 yards of the land frontier aforesaid not being a point within 50 yards of the places specified in or prescribed under sub-section (1): Provided that if on being charged before a magistrate such person is able to satisfy the magistrate that he was intending to