1969-HKRS30-16-29_Part02 — Page 35

(B) in any other case, the appropriate load line on each side of the ship would be submerged if the ship were in salt water and bad no list.

(2) If any ship is loaded in contravention of the preceding subsection, the owner or master of the ship shall (subject to subsection (5) of this section) be guilty of an offence and liable on summary conviction—

(a) to a fine not exceeding six thousand dollars, and

(b) to such additional fiac, not exceeding an amount calculated in accordance with the next following subsection, as the court thinks A to impose, having regard to the extent to which the carning capacity of the ship was increased by reason of the contravention.

(3) Any additional the imposed under subsection (2)(6) of this section shall not exceed six thousand dollars for every complete inch, and for any fraction of an inch over and above one or more complete inches, by which-

(a) in a cuse falling within paragraph (a) of subsection (1) of this section, the appropriate load line on each side of the ship was submerged, or

(b) in a case falling within paragraph (5) of that subsection, the appropriate load line on each side of the ship would have been submerged as therein mentioned;

nod, if the amount by which that load line was or would have been submerged was less than a complete inch, any such additional fine sball not exceed six thousand dollar.

(4) If the master of a ship takes the ship to sea when she is loaded in contravention of subsection (1) of this section, or if any other person, having reason to believe that the ship is so loaded, sends or is party to sending her to sea when she is loaded in contravention of that subsection, then (without prejudice to any fice to which he may be liable in respect of an offence under subsection (2) of this section) he shall be guilty of an offence under this subsection and liable-

(a) on conviction on indictment, to a fine;

(b) on summary conviction, to a fine not exceeding vix thousand

dollars.

(5) Where a person is charged with an offence under subsection (2) of this section, it shall be a defence to prove that the contravention was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master for the owner nor the charlener (if any) could have prevented or forestalled.

(6) Without prejudice to any proceedings under the preceding provi- sions of this section, any ship which is loaded in contravention of subsection (1) of this section may be detained until she ceases to be so loaded.

(7) For the purposes of the application of this section to a ship in any circumstances prescribed by the load line rules in accordance with

S

section 2(2)(a) of this Act, "the appropriate load line" means the load line which, in accordance with those rules, indicates the maximum depth to which the ship may be loaded in salt water in those circumstances

3. Where a ship to which this Act applies, being a ship registered in Hong Kong, is marked in accordance with any requirements as to marking imposed by or under this Act, then if—

(a) the owner or master of the ship fails without reasonable cause

to keep the ship so marked, or

(6) any person conceals, removes, alters, defaces or obliterates, or causes or permits any person under his control to conceal, remove, alter, deface or obliterate, any mark with which the ship is so marked, except where he does so under the authority of a person empowered under the load line roles to authorize him in that behalf.

be shall be guilty of an offence and liable on summary conviction to a fine not exceeding three thousand dollars.

6. (1) Where a ship to which this Act applies, being a ship registered in Hong Kong. has been surveyed and marked in accordance with the load line rules, the appropriate certificate shall be issued to the owner of the ship on his application.

(2) For the purposes of this section the appropriate certificate—–

(a) in the case of an existing ship of not less than 150 tons gross tonnage, and in the case of a new ship of not less than 24 metres in length, is a certisscale to be called an "International Load Line Certificate (1966), and

(b) in the case of any other ship, is a certificate to be called a "Hong

Kong load line certificate".

(3) Subject to the next following subsection, any certificate required by subsection (1) of this section to be issued-

(a) shall be issued by the Governor or by a person authorized in

that behalf by the Governor, and

(B) shall be in such form, and shall be issued in such manner, as

may be prescribed by the load line rules.

(4) The Governor may request a Contracting Government to issue an International Load Line Certificate (1966) in respect of any ship to which this Act applies which is a ship registered in Hong Kong and falling within subsection (2Xs) of this section; and the following provisions of this Act shall have effect in relation to such a certificate so issued, which contains a statement that it has been issued at the request of the Govern- ment of Hong Kong, as they have effect in relation to an International Load Line Certificate (1966) issued by the Gavemar.

7. Where a certificate, issued in pursuance of the last preceding section and for the time being in force, is produced in respect of the ship to which the certificate relates, —

(a) the ship shall be deemed to have been surveyed in accordance

with the load line rules, and

Metabo ellences in beljen

muka.

Tuue of load that

ฟ เอเด

Effect of load. Uno CECIPICALE.