1974-HKRS28-16-22_Part05 — Page 29

Section

16.

&

„AmendmenĮ

By deleting subsection (1) and substituting the following-

"(1) Subject to subsection (18), any seaman or apprentice lawfully engaged on a ship who, in Hong Kong-

(a) deserts his ship;

(6) neglects, or refuses without reasonable cause, to join the ship or to proceed to pea on the ship, or in absent without leave from the ship at any time within 24 hours before the ship is due to sail from Hong Kong, either at the commencement or during the course of a voyage;

(c) is absent at any time without leave and without sufficient reason from the ship or from his duties in connexion with the ship.

(d) quits the ship without leave after the ship's arrival in Hong Kong and before the ship has taken up a safe berth;

(e) wilfully disobey's any lawful command of a superior

officer of the ship:

(f) wilfully continues to disobey the lawful commands of a superior officer of the ship or to neglect to perform his duties in connexion with the ship;

(g) assaults the master, or any mate or certificated

cogincer, of the ship;

(k) combines with any of the crew of the ship to-

( disobey the lawful commands of any of the ship's superior officers;

or

(ii) neglect bis duties in connexion with the ship;

(ii) impede the navigation of the ship or the progress of the voyage of the ship;

(D) wilfully damages the ship; or

(j) combezzlcs or wilfully damages any of the ship's

slopes or cargo,

shall be guilty of an offence.

(1A) A person who commits an offence against subsec tion (1) shall be liable on conviction—

(a) in the case of an offence against subsection (1)(a)–

(i) to imprisonment for 3 months;

(ii) to forfeit all or any part of the effects which he has left on board the ship and the wages (if any) which are due to him at the time of his desertion: and

(i) to make good any excess of wages which have been properly paid by the owner or master of the ship to any substitute engaged in his place at a rate higher than that stipulated to be paid to him under bis contract of service;

Section

17.

19.

Amendment

(b) in the case of an offence against subsection (1)(5) or (c) (not being an offence which is also an offence against subsection (1)}{a})—–—

(i) to imprisonment for 10 weeks; and

(ii) to forfeit out of his wages a sum not exceed. ing 2 days' pay and, in addition for every 24 hours" absence, either a sum not exceeding 6 days" pay or the expenses properly incurred in employing a substitute, whichever is the smaller amount;

(c) in the case of an offence against subsection (1%).

to forfeit out of his wages i month's pay:

(0) in the case of an offenes against subsection (1}{2})-—

() to imprisonment for 1 month; and (i) to forfeit out of his wages 2 days' pay:

(*) in the case of an offence against subsection (1))

O imprisonment for 3 months; and

not

(i) to forfeit, for every 24 hours continuance of the disobedience

sum or neglect, either a exceeding 6 days pay or the expenses properly in- curred in employing a substitute, whichever is the smaller amount;

(f) in the case of an offence against subsection (1)(g) (A) (0) or () to imprisonment for 3 months,

(1B) For the purposes of this section---

(a) paragraphs (a), (b), (c), (d) and (f) of subsection (1) do not apply to seamen or apprentices from any foreign ship: and

(b) if a seaman or apprentice from a foreign ship i

charged with any other offence against that subsec- tion and there is resident in Hong Kong a consular officer of the country or territory to which the ship belongs, the magistrate shall only deal with the case

if

(1) he is requested in writing by the consular officer to do so; and

(ii) the consular officer undertakes in writing that the seaman or apprentice will not become a charge on the finances of Hong Kong in consequence of being so deall with.",

In subsection (2) by deleting "Gable to a fine of two thousand dollars", and substituting "guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months"".

By deleting "Liable to a fine of four thousand dollars" and sub- stituting "guilty of an offence and shall be liable on conviction to a floc of $20,000 and to imprisonment for 12 months",