1953-HKRS28-8-20_Part02 — Page 19

Voyages without certificated officera.

Regula- tions applicable

54

(3) A 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 limitutions as the Director shall prescribe in any particular case,

[41(3)

90. (1) A trawler shall not commence any voyage unless such vessel is provided with at least a duly certificated trawling master and trawler engineer and the master for the time being of any trawler contravening the provisions of this subsection shall be liable to a fine of one thousand dollars.

[42(1)

(2) Any person who having been engaged as a trawling master or trawler engineer in a trawler goes to sea without being entitled to and possessed of a certificate of competency or com- mands 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 to which the certificate does not extend, and any person who employs any person as a trawling master or trawler engineer without ascertaining that he is entitled to or possessed of such certificate as is required by this section, shall be liable to a fine of one thousand dollars. [42(2)

91. (1) Without prejudice to the generality of other powers to make regulations conferred by this Ordinance, and without to trawlers. prejudice to the application of regulations made under such other powers except so far as they are inconsistent with regulations made under this section, the Governor in Council may by regula- tions control, prescribe or provide for-

Regula-

Lions,

Table 17.

(a) the registry and conditions of sale and mortgage of trawlers, and the keeping of a trawler register and issuance of identification letters and numbers to such vessel;

(b) the forms, period and conditions of agreement of crew, of reports of crew and of statements of change of crew, of wage accounts and certificates of discharge of crew, of records and reports of death, injuries, ill-treatment or punishment of crew and of every casualty to a trawler; (c) maintenance of discipline on board trawlers and also for

the prevention of disorder and confusion;

(d) examination, certification of competency and maintenance of a register of trawling masters, trawler engineers and other seamen;

65

In

(e) duties and obligations of the owners, agents, masters, masters for the time being, engineers and crew of trawlers and the institution of inquiries into disputes between the above persons, and of inquiries into deaths, injuries ill-treatment or punishment of crew; (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 contravention of this Ordinance or of any regulations made thereunder;

or

(g) examination, approval of suitability and annual

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;

(h) scale of manning suitable for the intended service of crawlers to ensure that trawlers are not over nor under- manned, and to ensure that trawlers are not carrying passengers, save that the Director may permit experts or observers to be signed on as members of the crew for specific purposes or duties;

( regulation of entry of boys under sixteen years of age into the sea-fishing service, and prescribing of forms of indenture and agreements with such boys and their enforcement; and

() fees in respect of registration, permits, clearances, certificates, surveys and other documents or services relating to trawlers not otherwise provided for under this Ordinance.

[43(1)

(2) The Director may exempt any trawler from the provisions

of any regulation made hereunder if he is satisfied that compliance therewith is either impracticable or unreasonable.

[43(2)

92. (1) Every trawling master, owner and agent shall comply Application

provisions

Ordinance

of other

with-

(a) paragraph (a) of subsection (1) of section 3 as if the of the

trawler were a ship trading in or from the waters of the to trawlers. Colony;

(b) Part 111 as to all matters relating to the engagement and

discharge of crew;

(c) Part V as to the provision of medicines and medical stores on the appropriate scale as if the trawler were proceeding to a place outside the Colony;