1951-HKRS29-8-18_Part01 — Page 39

Adaptation of section 175 and 176

of the Merchant Shipping

(2) This section shall not apply to any consular office which for the time being is in the charge of a consular officer who is a citizen of the United Kingdom and Colonies or is not a national of the State by which that office is maintained.

6. (1) In pursuance of the power conferred upon the legis lature of Hong Kong by section 264 of the Merchant Shipping Act, 1894, sections 175 and 176 of the said Act are hereby adapted to Hong Kong as follows-

(a) Section 175 shall be read and construed as follows-

Act, 1894, to the Colony and insertion

"Property thereof as

of deceased sections BA seamen

to be delivered to Director

and 28 In

the

Merchant

Shipping

Ordinance.

1800.

175. If a seaman or apprentice to the sea service dies in Hong Kong and is at the time of his death entitled to claim from the master or owner of a ship in which he has served any effects or unpaid wages, the of Marine master or owner shall pay and deliver or account for

such property to the Director of Marine."

(b) Section 176 shall be read and construed as follows-

"Payment

over of

176. (1) Where any property of a deceased property of Seaman or apprentice comes into the hands of the deceased Director of Marine, the Director of Marine, after seamen by Director deducting for expenses incurred in respect of that of Marine.

seaman or apprentice or of his property such sum as he thinks proper to allow, shall, subject to the provi- sions of this Ordinance, deal with the residue as follows-

(a) if the property exceeds in value two thousand dollars, he shall pay and deliver the residue to the legal personal representative of the deceased;

(b) if the property does not exceed in value two thousand dollars, the Director of Marine may as he thinks fit either pay or deliver the residue to any claimant who is proved to his satisfac- tion to be the widow or a child of the deceased or to be entitled to the personalty of the deceased either under his will (if any) or any statute of distribution or otherwise, or to be a person entitled to take out representation, although no such representation has been taken out, and shall be thereby discharged from all further liability in respect of the residue so paid or delivered; or

(c) be may, if he thinks fit, require representation to be taken out, and pay and deliver the residue to the legal personal representative of the deceased.

(2) Every person to whom any such residue is so paid or delivered shall apply the same in due course of administration.”

(2) The said sections adapted as aforesaid shall be inserted

in the Merchant Shipping Ordinance, 1899, as section SA and Ordinance 8B thereof.

7.

No. 10 of

1890.

Where it appears to the Director of Marine that any Money or

property person to whom any money or other property of a deceased of deceased seaman may be paid or delivered under paragraph (b) of sub- semen

resident section (1) of section 8B of the Merchant Shipping Ordinance, in foreign 1899, as inserted by virtue of the preceding section is resident State.

Ordinance in a foreign State, he may pay or deliver the money or property No. 10 of to a consular officer of that State on behalf of that person; and 1899. the provisions of that section shall have effect accordingly.

8. The Merchant Shipping Ordinance, 1899, is hereby Addition amended by the insertion therein after section 27A thereof of of new

section 273 the heading-

to the Merchant Shipping

"Foreign wrecks and articles in or forming part thereof." Ordinance, and after such heading, of the following section-

"Claims of owners to Wrecka.

27B. Where a foreign ship has been wrecked on or near the coasts of the Colony and such ship or any part thereof or any article belonging thereto or belong- ing and forming part of the cargo are found on or near those coasts, or are brought into the Colony, the consul general of the country to which the ship or in the case of cargo to which the owners of the cargo may have belonged, or any consular officer of that country authorized in that behalf by any treaty or arrangement with that country, shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, so far as relates to the custody and disposal of such ship and of any such articles as aforesaid."

1899.