1949-HKRS29-8-16_Part01 — Page 9

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Penalty for misdescrip

tion of dan- gerous goods.

Power to reluse co

carry sus

dollars: Provided that if such person shows that he was merely an agent in the shipment of any such gonds and was not aware, and did not suspect, and had no renson to suspect that the goods shipped by him were dangerous goods, the fine to which he shall be liable shall not exceed two hundred and fifty dollars.

(2) Every person who knowingly sends or attempts to send by, or carries or attempts to carry in, any ship or vessel any such dangerous goods under a false description, or falsely describes the sender or carrier thereof, shall be liable to a fine not exceeding two thousand áve hundred dollars.

(3) The owner or master of any ship may refuse to take on board any package or container which ha pected goods. auspects to contain such dangerous goods and may require it to be opened to ascertain the fact.

passenger.

Ship carrying

(4) It shall be lawful for the Director of dangerous Marine to refuse a port clearance to any ship or vessel kooda and sucre than 20 carrying more than twenty passengers, if there are on board any such dangerous goods unless they are inclosed in a substantial compartment exclusively appropriated to the atowage of dangerous gooda, or otherwine secured from contact with or damage from any other article or substance carried on board the ship or vessel, and so placed and surrounded that they are inaccessible to either the passengers or the crew, except with the consent of the master. And the master of any such ship or vessel who leaves or attempta to leave the waters of the Colony without having the said dangerous goods in- closed, secured, placed and surrounded as in this sub- section provided, or without having obtained a clearance, shall be liable to a fine not exceeding two thousand dollars.

Power to

throw overboard dangerous rels w

Forfeiture

scat or

(6) Where any such dangerous gooda have been sent or brought on board any ship or vessel, without being marked as aforesaid or without such notice having been given as aforesaid, the owner or master may cause such goods to be thrown overboard, together with any container or package in which they are contained; and neither the owner nor the master shall, in respect of such throwing overboard, be subject to any liability, civil or criminal.

(6) Where any such dangerous goods have been of dangerous sent or carried, or attempted to be sent or carried, ou goods board any ship, or vessel, without being marked as improperly aforesaid or without such notice having been given as aforesaid, and where any such goods have been sent or carried, or attempted to be sent or carried, under a false description, or the sender or carrier thereof has been falsely described, it shall be lawful for a magistrate to declare such goods, and any package or receptacle in

curried.

Magistrate

may proceed

in absence

which they are contained, to be, and they shall there- upon be, forfeited, and shall be disposed of as the magistrate may direct.

(7) The magistrate shall have and may exercise the aforesaid powers of forfeiture and disposal, notwith- of owner of standing that the owner of the goods may not have goods

committed any offence under the provisions of this section relating to dangerous goods, and may not be before the magistrate, and may not have notice of the proceedings, and notwithstanding that there may be no evidence of the ownership of the goods; nevertheless the magistrate may require auch notice to be given to the owner or shipper of the gooda before the same forfeited.

Saving of

relating to dangerou goods.

are

(8) The provisions of this section relating to the carriage of dangerous goods shall be deemed to be in addition to, and not in substitution for or in restraint of, any other enactment for the like object, so neverthe- lesa, that nothing in the said provisions shall be deemed to authorize that any person be amed or prosecuted twice in the same matter,

Section 26 of the principal Ordinance, is hereby amended Addition of by the addition of the following sub-section as sub-section (4) at sub-section

the end thereof :-

Acts endan

of persony in vessels.

9.

(4) 19 section 26 of the priocipul

(4) Every person who, by say unlawful act, or Ordinance. yering safety by any wilful omission or neglect, endangers or causes to be endangered the safety of any person conveyed or being in or upon any vessel, or aids or assists therein, shall be liable to imprisonment for any term not exceed- ing six months or to a fine not exceeding one thousand dollars, or to both auch imprisonment and such fine. The principal Ordinance is amended by the insertion of Addition of

section 27A the following section as section 27A after section 27 thereof:

to the Broking up 27A. (1) If any person being the owner of any principul and removal wrecked, submerged, sunken or stranded vessel,

Ordinance. or the duly authorised agent or servant of such owner, is desirous of breaking up such vessel prior to removal thereof from the waters of the Colony, such person shall, before commencing breaking up operations, obtain the written permission of the Director of Marine who sball be entitled to grant permission conditionally upon such person furnishing security in auch reasonable amount as the Director of Marine may consider necessary to ensure the effective removal of such vessel or any portion thereof from the waters of the Colony.

of wrecks,

(2) Every person who, without the previous written permission of the Director of Marine, does or causes to be done any broaking up operations of any wrecked, submerged, sunken or stranded vessel lying within the waters of the Colony shall be liable to a fine not exceeding three thousand dollars or to imprisonment for any term not exceeding six months.