1953-HKRS28-8-20_Part02 — Page 18

of danger

(1 of 1873.)

52

Restrictions 87. (1) Any person who sends or attempts to send by, or not on carriage

being the owner or master of the vessel carries or attempts to ous goods.

carry in any vessel, any dangerous goods as defined by the Dangerous Goods Ordinance, 1873, without distinctly marking their nature on the outside of the container or package containing the same and giving written notice of the nature of such goods and of the name and address of the sender or carrier thereof to the owner or master of the vessel at or before the time of sending the same to be shipped or taking the same on board the vessel, shall be liable to a fine of five thousand dollars: Provided that if such person shows that he was merely an agent in the shipment of any such goods and was not aware and did not suspect and had no reason to suspect that the goods shipped by him were dangerous goods, the fine to which he shall be liable shall be one thousand dollars.

(15(1)

(a) Any person who knowingly sends or attempts to send by or carries or altempts to carry in any vessel any such dangerous goods under a false description, or falsely describes the sender or currier thereof, shall be liable to a fine of five thousand dollars.

[15(2)

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

[15(3)

(4) The Director may refuse a port clearance to any vessel carrying more than twenty passengers if there are on board any such dangerous goods which are not stowed to his satis- faction.

[15(4)

(5) Where any such dangerous goods have been sent or carried, or attempted to be sent or carried, on board any ship or vessel without being marked as 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, a magistrate may declare such goods and any package or receptacle in which they are contained to be forfeited, and they shall thereupon be disposed of as the magistrate may [15(6)

direct.

(6) The magistrate shall have and may exercise the afore- said powers of forfeiture and disposal notwithstanding that the owner of the goods may not have 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

53

the proceedings, and notwithstanding that there may be no evidence of the ownership of the goods, but the magistrate may in bis discretion require notice of such proceedings to be given to the owner or shipper of the goods before the same are forfeited.

[15(7)

(7) The provisions of this section shall be deemed to be in addition to and not in substitution for or in restraint of any other cnactment for the like object, so nevertheless that nothing in the said provisions shall be deemed to authorize that any person is sued or prosecuted twice in the same qulter.

PART XII.

TRAWLERS.

[15(8)

88. In this Part- "trawler" means any mechanically propelled vessel of non- primitive design and build of whatever tonnage, which engages in fishing operations for profit upon the high seas with nets, lines or trawls and which operates from this Colony as a Hong Kong registered British ship, but excludes any sailing or mechanically propelled fishing boat, junk or dinghy licensed under regulations made under section 1027 "voyage" means 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: Provided that a return due to distress only shall not be deemed to be a return if it is followed by a resumption of the trip.

[40

Interpre tation.

of com-

master,

88. (1) A certificate of competency as a trawling master shall Certificate if endorsed with the word "limited" permit the holder to potency as command a trawler not exceeding one hundred and twenty feet a trawling registered length for the purpose only of fishing in an area bounded on the North by the parallel of 25 degrees North and on the South by the parallel of 15 degrees North and on the East by the meridian of 122 degrees East.

[41(1)

(a) A certificate of competency as a trawling master 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 one hundred and twenty feet registered length outside the area specified in sub- section (1).

[41(2)