1953-HKRS29-8-20_Part02 — Page 21

[ef. pr. Act, 3.692 (2).]

Notice to

Dearest consular officer

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(2) Where a ship so proceeding to sea takes to sea, when on board thereof in the execution of his duty, any officer authorized to detain the ship or any surveyor or officer appointed by the Governor, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and shall also be liable to a fine of one thousand dollars, or, if the offence is not prosecuted summarily, of one hundred dollars for every day until the officer or surveyor returns or until such time as would enable him, after leaving the ship, to return to the port from which he was taken, and such expenses may be recovered in like manner as the penalty, [45(8)

107. Where any foreign ship is detained under the Merchant be given to Shipping (Safety and Load Line Conventions) Act, 1932, or under the Merchant Shipping (Safety Convention) Act, 1949, as such have been extended to the Colony, and where any proceedings are taken under either such Acts against the master or owner of any such ship, notice shall forthwith be given to the nearest consular officer for the country to which the ship belongs, and such notice shall specify the grounds on which the ship has been detained or c. 9. a. 69 & the proceedings have been taken.

[45(3A)

where pro- coedings Luken in respect of a foreign ship.

22 Geo. 5.

12, 13 & 14 Geo. 6,

c. 43, a. 35.

Rule as to proof of exception, etc.

[ef pr. Act. #. 697.1

Lige of official log and articles of agreement

as evidence.

[of. pr. Act. 8. 239 (6).]

Service of documents,

[ef. pr. Act, *. 690 (1).]

PART XVI.

EVIDENCE, REGULATIONS, FERS AND ABSTRACT OF ÖRDINANCE,

108. Any exception, exemption, proviso, excuse or qualification in relation to any offence under the Merchant Shipping Acts or under this Ordinance, whether it does or does not accompany in the same section the description of the offence, may be proved by the defendant, but need not be specified or negatived in any information or complaint, and if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant. [45(9)

109. In any proceeding in court against any person for a breach of the provisions of this Ordinance, all entries in the official log and the articles of agreement shall be received in evidence subject to all just exceptions.

[45(10)

110. (1) Where, for the purposes of this Ordinance, any document is to be served on any person, that document may be served-

(a) in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his tast place of abode; and

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(b) if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the same for him on board that ship with the person being or appearing to be in command or charge of the ship:

(c) if the document is to be served on the master of a ship, where there is no master and the ship is in the Colony on the managing owner of the ship, or if there is no managing owner on some agent of the owner residing in the Colony, or where no such agent is known or can be found by affixing a copy thereof to the mast of the ship.

(a) Any person who obstructs the service of any document

on the master of a ship shall be liable to a fine of two hundred [ef. pr. Act, dollars, and if the owner, agent or master of the ship is . 696(2).) party or privy to such obstruction, he shall be guilty of a misdemeanor.

(45(5)

Lians.

111. (1) In addition to the powers hereinbefore given the Regula- Governor in Council may by regulations control, prescribe or General provide for-

powers.

(4) prohibiting, restricting or regulating in any manner Regula-

whatsoever the embarkation or landing of persons or Tables 4,

tions.

things on or from vessels of all kinds including the ships 15, 10, etc. of war of any foreign nation;

(b) forms to be used for the purpose of this Ordinance or

of regulations under the Ordinance;

(c) fees to be paid in respect of registration or the grant of certificates, clearances, licences, permits and other documents, or the performance of services or surveys or grant of facilities under the Ordinance or regulations made under the Ordinance;

(d) the better and more effectual carrying out of the provisions

of this Ordinance.

(2) Where power has been given under any Part of this Ordinance to make regulations it shall be deemed to include power to prescribe contraventions of such regulations which shall be offences and to prescribe penalties therefor: Provided that no penalty so prescribed shall exceed a fine of one thousand dollars and imprisonment for six months.