1953-HKRS29-8-20_Part02 — Page 2

Regula tions, Table 12.

[ef. pr. Act, 3.285 (5).]

Regula- tions, Table 12.

[ef. pr. Act, H.271 (2)

lef. pr.

Act, 9.286.1

Director Eligy refuge clearance to ship carrying

more pas- sengers than allow- od by

certificate. Penalties, etc.

[cf. pr. Act, 8.283.T

[ef. pr. Act, *.283.]

24

number of deck passengers to be carried, the season of the year, the safety of the ship and the circumstances of the case, may require.

(11(1)

(2) If any such passenger ship as aforesaid goes to sea from any port of the Colony without being so provided as hereinbefore required, then, for each default in any of the above requisites, the owner shall (if he appears to be in fault) be liable to a fine of one thousand dollars, and the master shall (if he appears to be in fault) be liable to a fine of five hundred dollars.

[11(2)

(3) If any requirement of this section or of the regulations as to the number of permissible passengers is not complied with in the case of any passenger ship, the Director shall not grant a clearance, and if any such ship attempts to go to sea without a clearance, the Director may detain her.

[11(3)

(4) Any person who places an undue weight on the safety valve of any steamship or increases such weight beyond the limits fixed by a Government surveyor, shall, in addition to any other liabilities, be liable to a fine of one thousand dollars,

[11(4)

36. (1) The master of every ship shall, on application to the Director for a port clearance, state the number of passengers he proposes to carry on the then projected voyage; and if such number is in excess of the number allowed by the passenger cer- tificate, or exceeds twelve in the case of a ship which is not pro- vided with a passenger certificate, the Director may refuse clear- ance. Any master who wilfully misrepresents the number of passengers so about to be carried, or leaves or attempts to leave any port of the Colony without a clearance, shall be liable to a fine of two thousand five hundred dollars and to imprisonnem for six months.

[12(1)

(2) The master of any ship who, after having obtained a port clearance, leaves or attempts to leave the waters of the Colony with any number of passengers greater than that allowed by the clearance shall be liable to a fine of five hundred dollars, in addition to a line of twenty-five dollars for every such pas- senger in excess of the number permitted to be carried by the clearance.

[12(2)

(3) When the master of any ship has become liable under the provisions of subsection (2) to the penalty therein mentioned, the owner, agent or consignee of such ship shall be liable 10 a like penalty, unless he proves that such passengers were shipped without his knowledge or consent and that he derived no profit, benefit or advantage from the shipping of such passengers. [12(3)

25

(4) The Director may refuse a clearance to any ship carry. [ef. pr. Act.

3.271(2).1 ing more than twelve passengers, except on the production of the passenger certificate (being a certificate then in force and applic- able), and he may detain such ship until such certificate is produced.

[12(4) (5) The Governor in Council may by regulations prohibit the Regula- conveyance of deck passengers by any ship.

[12(5) Table 12.

PART VII,

SAFETY PROVISIONS,

tions.

of rules for

31. (0)

The rules for life-saving appliances from time to Application time in force made by the Minister under section 427 of the prin- life-saving cipal Act as amended by subsection (1) of section a of the Mer- appliances, chant Shipping (Safety Convention) Act, 1949, shall apply to (18 & 13 the Colony in respect of the following ships-

(a) passenger steamers plying on international voyages; (b) passenger steamers plying on short international

voyages;

(c) foreign-going steamships (except steamships, such as Salvage tugs, dredgers and the like, declared by the Governor in Council to be special service craft) not cer- tified for the carriage of passengers:

Provided that the Governor in Council may, in addition to any powers of exemption given to the Governor under the Merchant Shipping (Safety Convention) Act, 1949, as extended to the Colony by Order of Her Majesty in Council, by regulations prescribe or provide for life-saving appliances for ships to which the said rules do not apply, and such regulations may without prejudice to the generality of the foregoing be made with respect to all or any of the matters provided for in subsection (1) of section 437 of the principal Act as so amended.

[13(1)

Gep. 0. c.43.)

(2) In this section, "passenger steamer" means a steamer Regula. carrying more than twelve passengers, and "foreign-going"

...tions, means plying outside the limits within which river steamers 10 & 11. ply.

[13(1)

Tables

38. In the case of any ship-

Penalty for breach of (a) if the ship is required to be provided with life-saving rules or

appliances and proceeds on any voyage or excursion regulations

applicable without being so provided in accordance with the rules to ship. or regulations applicable to the ship; or

Pr. Art. 8.490 (1).