1970-HKRS28-8-37_Part01 — Page 45

Civil jurisdic- tion concerning service on board ship or aircraft.

1968 4. 15. « 4.

Jurisdiction over offencesa committed on board ship. 1968 c. 18. 1. 2.

S. The Governor may by order make provision for ex- cluding or limiting the jurisdiction of any court in Hong Kong to entertain proceedings relating to the remuneration or any contract of service of the master or commander or a member of the crew of any ship or aircraft belonging to a State specified in the order, except where a consular officer of that State has been notified of the intention to invoke the jurisdiction of that court and bas not objected within such time as may be specified by or under the order.

6. (1) The Governor may by order make provision for securing that, where an offence is alleged to have been committed on board any ship by the master or a member of the crew and the ship belongs to a State specified in the order, proceedings for the offence instituted otherwise than at the request or with the consent of a consular officer of that State are not entertained by any court in Hong Kong unless-

(a) the offence is alleged to have been committed by or

against a person who is a citizen of the United Kingdom and Colonies or is otherwise comprised in the definition of "national of the receiving State” in subsection (2) of section 2. or against a person other than the master or a member of the crew; or

(b) the offence is one involving the tranquillity or safety of a port, or the law relating to safety of life at sea, public health, oil pollution, wireless telegraphy, immigration or customs or is of any other description specified in the order; or

(c) the offence is one comprised in the definition of "grave

crime" in subsection (2) of section 2.

(2) For the purposes of this section, an offence which affects the property of any person shall be deemed to have been com- mitted against him,

(3) For the purposes of this section, any document purport- ing to be signed by or on behalf of a consular officer and stating that he has requested or consented to the institution of any pro- ceedings shall be sufficient proof of that fact unless the contrary is shown.

7. The Governor may by order designate any State for the purposes of this section; and where a State is so designated, a member of the crew of a ship belonging to that State who is detained in custody on board for a disciplinary offence shall not be deemed to be unlawfully detained unless-

(a) his detention is unlawful under the laws of that Stale or the conditions of detention are inhumane or unjustifiably Severe; or

(8) there is reasonable cause for believing that his life or liberty will be endangered for reasons of race, nationality, political opinion or religion, in any country to which the ship is likely to go.

8. For the purposes of section 5, 6 or 7. a ship, and for the purposes of section 5, an aircraft, shall be treated as belonging to a State in such circumstances as may be specified by an order made under that section; and different circumstances may be so specified with respect to different States and different classes of ship or aircraft.

9. (1) The Governor may authorize the Director of Com- merce and Industry to make such arrangements as the Governor thinks fit for securing the refund of duties imposed on hydrocarbon oils under the Duciable Commodities Ordinance where such hydrocarbon oils are-

(a) imported into Hong Kong; and

(b) used for such purpose that, had they been imported for that use, exemption from customs duty would have been required to be granted under-

or

(1) Article 50 in the First Schedule to this Ordinance;

(ii) an order made under subsection (1) of section 4 of this Ordinance.

(2) Any arrangements made under this section may impose conditions subject to which any refund shall be made.

(3) Any amount of money refunded under arrangements made under this section shall be paid from the general revenue of the Government of Hong Kong.

Detention on board ship for disciplinary offences.

1968 5. 18 IN.

Ship and Air- craft belonging to a State. 1968 c. 18. m. 1802).

Authorized refund of duties paid on hydrocarbon

oils.

1963 e. 14. 1. §. (Cwm. 199.)

First Schedule.