1953-HKRS28-8-20_Part02 — Page 24

Payment of

remunera- tion to certain

persona.

Regula- tions, Table 16.

Abstract of

portions of Ordinance to be gives

to master on arrival.

Regula- tione, Table 10.

Modified applics- tion of Merchant Shipping Acta.

To pr. Act, 23, 264 & 736.]

(22 & 23

Geo. 5, c.9) (12, 13 & 14 Geo. & 2.43.)

[cf. 22 Geo.

5. c. 9.

9. 72.1

61

112. (1) There may be paid out of the revenue to any officer or person appointed under this Ordinance, or to any member of a marine court or court of survey, or to any assessor, such remuneration as this Ordinance directs, or in so far as this Ordinance does not extend as the Governor may direct. [47(1)

(2) There may be paid out of the revenue all costs and compensation payable by the Governor or the Government in pursuance of this Ordinance.

[47(2)

(3) The fees prescribed by the Governor in Council are hereby declared to be payable to the collector appointed by the Governor, and the same and all other fees payable under this Ordinance may be recovered summarily before a magistrate.

[47(3)

113. An abstract of such portions of this Ordinance as the Governor may approve, together with such other information as he may deem expedient, the whole to be known as the Hong Kong Port Regulations, shall be delivered to the master of every vessel at the time when the vessel enters the waters of the Colony; and if, before obtaining clearance, the master does not return such abstract to the Director, he shall pay such fees as shall be pres- cribed by regulations.

PART XVII.

APPLICATION, EXEMPTIONS, CONSEQUENTIAL PROVISIONS AND SUSPENDING Clause,

[48

114. (1) Such of the provisions of the Merchant Shipping Acts as apply to this Colony and are inconsistent with the pro- visions of this Ordinance are hereby repealed so far as they relate to ships registered in this Colony. But in all other respects the provisions of the said Acts shall be deemed to be in force in the Colony, so far as they are applicable thereto, and to extend, so far as they can be extended, to all ships registered in the Colony and to the owners, masters and crews of such ships: Provided however that the provisions of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, and of the Merchant Shipping (Safety Convention) Act, 1949, shall extend to the Colony and to ships registered therein and their owners, masters and crews only to the extent that the same shall have been extended to the Colony by Order of Her Majesty in Council.

[45(1)

(a) Any misdemeanor or other offence under any of the said Acts or under this Ordinance may be prosecuted, heard and

65

determined summarily by any magistrate in accordance with the provisions of the Magistrates Ordinance: Provided that any fines (Cap. 227). expressed in terms of English currency that may be imposed shall be paid in local currency calculated at the rate of one shilling and threepence to the dollar.

[45(3)

115. (0) The Governor in Council may, if he thinks fit, and Dispensing upon such conditions (if any) as he thinks fit to impose, exempt exemption. power and any vessel from any specified requirement contained in, or pres- [6 Edw. 7, cribed in pursuance of, this Ordinance, or dispense with the . 48, s. 78.Ĵ observance of any such requirement in the case of any vessel, if he is satisfied that that requirement has been substantially complied with in the case of that vessel, or that compliance with the requirement is unnecessary in the circumstances of the case, and that the action taken or provision made as respects the subject matter of the requirement in the case of the vessel is as effective as, or more effective than actual compliance with the requirement : Provided that the Colonial Secretary shall in the month of January in each year lay before Legislative Council a special report stating the cases in which the Governor in Council has exercised his powers under this subsection during the preceding year, and the grounds upon which action has been taken in cach case. [4(19A)

(2) This Ordinance shall not, except where otherwise specially provided, apply to Her Majesty's ships of war or to the ships of war of

any foreign nation nor shall it apply except so far as regards Parts IX, X, XIII, XV and XVI to pleasure yachts, nor to the owners, masters and crews thereof.

£40

amend-

116. Without prejudice to the general application of sub- Conse section (a) of section 7 of the Interpretation Ordinance, the quential amendments specified in the second column of the First Schedule ments. are made to the ordinances specified in the first column of such (Cap. 1). schedule.

117. (1) The enactments specified in the Second Schedule are hereby repealed.

(2) Without prejudice to the general application of sub- section (2) of section 9 of the Interpretation Ordinance the enactments, instruments, and regulations made or prescribed by or under any enactment repealed by this Ordinance shall remain in force so far as they are not inconsistent with the provisions hereof and until they shall have been expressly repealed or shall have been replaced by the rules and regulations specified in the Third Schedule.

First

Schedule.

Repeal Regula- tions. Second Schedule.

Third

Schedule.