1949-HKRS29-8-16_Part01 — Page 10

30

Amendment

of section

of the

principal Ordinance.

Repeal and replacement of section 39 of the

principal Ordinance.

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10. Section 30 of the principal Ordinance is hereby amended-

(a) by the substitution in the second line of sub-section (1) of the word "Sub-Inspector **for the word ** inspector";

(b) by the deletion in sub-section (2) of the proviso; and (c) by the addition of the following sub-section and marginal note-

"cf- 39 * 40

(4) Where any ship, boat, junk or other vessel has Vict, . 36. been lawfully required to stop under the preceding sub- section by an officer of police in charge of a police launch flying the customary fag, and suck ship, boat, junk or other vessel refuses to stop, it shall be lawful for such officer, after causing a gun to be fired as a signal, to fire at or into such ship, boat, junk or other vessel, and such officer and every person acting in his aid or by his direction shall be and is hereby indemnified and discharged from any indictment penalty action or other proceeding for so doing: Provided that it shall be lawful for the Governor in Council in any case in which be considers that compensation should be made to order that compensation be paid out of the public revenue of the Colony for injury to person or property, caused sa a result of such firing.".

11. Section 39 of the principal Ordinance is repealed and replaced as follows:

Interpretation.

Regulations.

Table S.

30. (1) In this section-

"master

includes any person for the time being in charge or command of any vessel,

៥៥

Vessel includes cargo boat, fishing junk, hulk, lighter, trading junk, waterboat, all small boats (except pleasure boats) and all boats included in the definition of "junk" in section 2.

(2) It shall be lawful for the Governor in Council to make regulations for the following purposes:- (a) the licensing, regulation and control of vessels, and of the owners, agents, masters, engineera and crew thereof;

(b) the payment of fees in respect of licences, permits, clearances, certificates, surveys and other documents and services relating to vossels;

(c) the duties of the owners, agents,

masters and engineers of vessels;

(d) the methods of enforcement of dis- cipline within the waters of the Colony and for the prevention of disorder or confusion ;

(e) for fixing the scale of fares to be charged in respect of cargo boats, lighters and all small boats other than pleasure boats;

पु

Penatrics.

la case of

of fine, the

levied by male of vessel.

in vessels;

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(f) for the registration of persons dwelling

(g) for providing adequate means for pre- venting by force when necessary any vessel leaving the waters of the Colony or any port in contravention of this section or any regulation mode thereunder;

(b) for appointing suitable anchorages in the waters of the Colony to be called auchorages for junka,

(0) for providing for stations of the Direc-

tor of Marine; and

() generally for the purpose of carrying into effect the provisions of this section.

(3) A person who acts in contravention of or fails to comply with any of the provisions of this section or of any regulation made thereunder shall be deemed to be guilty of an offence and where no other penalty is provided shall be liable to a fine not exceeding üve bundred dollars and to imprisonment for any term not exceeding six months.

(4) Every vessel, the master of which is n-payment charged with having violated the provisions of this same may be section or of any regulation made thereunder may ba forthwith arrested and detained, unless bail to the satis- faction of a magistrate is given, until he shall either have been acquitted, or, if found guilty, shall have paid the fine inflicted upon him, and in case he shall fail to pay, within ten days, any fine inflicted upon him, the same may be recovered by the sale of such vessel and the balance, if any, of the net proceeds thereof, after deducting therefrom the expenses of auch sale and the amount of such fine, shall be paid to the owner of the vessel if claimed within six months from the date of the sale, and if not claimed within that period, shall be forfeited; Provided that in case it shall be brought to the knowledge of the magistrate that there is in the Colony any owner or agent of such vessel, no sale thereof shall be made until three days' notice shall have been given to him in writing.

Transfer to purchaser Upco sale of vessel.

(5) Every vessel forfeited or sold under this section shall be transferred to the purchaser thereof, at his expense, by a bill of sale from the Director of Marine which shall confer upon such purchaser, his executors, administrators and assigns an absolute title to auch vessel.