1949-HKRS28-8-16_Part03 — Page 15

Certificate of compe- tency as a trawling

tunster.

Voyages without certificated officers,

"trawler" means any mechanically propelled vessel of non-primitive design and build of whatever tonnage, engaged in fishing operations for profit upon the high seas with nets, lines or trawls and operating from this Colony as a British ship, but excluding any sailing or mechanically propelled fishing boat junk or dinghy licensed under section 30 and Table S of the regulations thereunder;

"voyage" menna a fishing trip commencing with a departure from a port for the purpose of fishing, and ending with the first return to a port thereafter upon the conclusion of the trip when one of such ports is within the Colony but a return due to distress only shall not be deemed to be a return if it fa followed by a resumption of the trip.

41. (1) A certificate of competency as a trawling master shall if endorsed with the word “limiteď” permit the holder to command a trawler not exceeding 120 feet registered length for the purpose only of fishing in an aren bounded on the North by the parallel of 25 N and on the South by the parallel of 15° N and on the East by the meridian of 122° E.

(2) A certificate of competency as a trawling maater without endorsement of the word "limited" shall permit the holder to command a trawler of any registered length for the purpose of fishing: Provided that such certificate shall not enable such holder to operate a trawler not exceeding 120 feet registered length outside the area specified in (1) hereof.

(4) å holder of a certificate of competency as a trawling master whether so endorsed or otherwise shall in so far as the holder does not contravene the provisions of this section be a duly certificated trawling master and a holder of a Ministry of Transport Certificate of Competency as Skipper (Full) or Skipper (Limited) shall be deemed to be a duly certificated trawling master subject to such conditions and limita- tions as the Director of Marine shall prescribe in any particular case.

42. (1) A trawler shall not commence any voyage uulegs such vessel is provided with a duly certifiented trawling master and trawler engineer and the master for the time being of any trawler contravening the provisions of this sub-section shall be liable to a fine not exceeding one thousand dollare.

(2) Any person who having been engaged as u trawling master or trawler engineer in a trawler goes to sea without being entitled to and possessed of a certificate of competency or commands a trawler of registered length exceeding that which he is entitled to command under this Ordinance or who uses the trawler of which he is in command for fishing in waters

Power to

make

regulations.

to which the certificate does not extend and any petsoli who employs any person as a trawling master or trawler engineer without ascertaining that he is entitled to or possessed of such certificate us is required by this section, shall be liable to a fiue not exceeding five hundred dollars.

43. (1) It shall be lawful for the Governor in Council to make regulations for the following purposes

(a) the registry and conditions of sale and mortgage of trawlers, the keeping of a trawler register and issuance of identification letters and numbers to such vessela in addition to the requirements of section 3 hereof;

(b) the prescribing and application of formus, periods and conditions of agreement of crew of reports of crew and statement of change of crew, of wige accounts nad certificates of discharge of crews, of recorde and reports of death, injuries, ill-treatment or punishment of crew and of every casualty to a trawler in addition to matters set out in mention 5 hereof;

(e) the maintenance of discipline on board trawlere and also for the prevention of disorder and confusion in addition to the matters set out in section 9 hereof;

(d) the examination, certification of com- petency and maintenance of a register of trawling masters, trawler engineers and other seamen;

(e) the prescribing and regulation of the duties and obligations of the owners, agents, masters, wasters for the time being, engineers and crew of trawlers and the institution of enquiries into disputes between the above persons, and of enquiries" into deaths, injuries, ill-treatment or punishment of crew in addition to the provisions of the Ordinance relating to such matters as are applicable to trawlers;

() the provision of adequate means for preventing, by force if necessary, any trawlers from leaving, or attempting to leave the waters of this Colony or any port thereof in coutravention of this Ordinance or of any regulations made therender, in addition to such provisions of the Ordinance relating to such matters as are applicable to trawlers;

(v) the examination, approval of suifa- bility and the annual or periodic surveys of trawlers, including hulls, machinery and equipment. for the purpose of certifying in such form as may be prescribed that such vessels are fit for their intended service: