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PUBLIC RECORD OFFICE

Reference :--

C.O. 882

6 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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Chinese junks when outside the waters of the Colony, where, as a matter of fact, occurred the collisions which gave rise to the Admiral's representation.

6. Such collisions are not infrequent. The evidence as to whether or not the junk had exhibited a reasonable efficient light prior to the collision is always con- flicting, and heavy damages are obtained against steamships in the Admiralty Court here although there are not wanting grounds for believing that had in fact an effective light been exhibited by the junk no collision would have taken place.

7. In these circumstances it was suggested by the Harbour Master that the best and fairest way to induce (in the interests of Her Majesty's ships and other steam vessels) precautions against collision on the part of Chinese junks outside of the terri- torial waters of the Colony would be to insert in this Ordinance, or to make the subject of a separate legislative enactment, provisions precluding Chinese junks from being competent to sue in the Courts of the Colony for damages due to collision with British ships unless and until the Chinese Government adopt the international regulations for the prevention of collisions at sea.

8. It is certainly anomalous that a Chinese junk can recover in our Courts damages for collision against à British ship under regulations which could not be applied to the Chinese vessel if the positions were reversed, and it was suggested that a solution of the matter would be to insert a provision in this Ordinance to the effect that no junk suing in our Courts in respect of a collision with a British ship outside of our waters shall be entitled to recover damages unless she had exhibited for a reasonable time before the collision an efficient white light, of the character provided for in the Bill, to be carried in our waters.

9. It appears to me, however, that such legislation, if introduced at all, would more properly form the subject of a separate Ordinance. I have not, therefore, inserted any such provision in this Ordinance, and in the meantime I should be glad to have your views as to whether such legislation, or legislation on the lines suggested by the Harbour Master would be desirable.

I have, &c.,

HENRY A. BLAKE,

Governor, &c.

Enclosure 2 in No. 1.

REPORT ON ORDINANCE 36 of 1899.

Attorney-General's Office, Hong Kong, January 29, 1900.

I have examined the accompanying Ordinance, entitled "An Ordinance to consoli- date and amend the Laws relating to Merchant Shipping, the duties of the Harbour Master, the control and management of the waters of the Colony, and the regulation of vessels navigating the same," and I am of opinion that the Ordinance is one which is not contrary to the Governor's Instructions.

Objects and Reasons.

The principal reason for the introduction of this Ordinance is to bring our local law, which is based on English law, into line with the English Merchant Shipping Act of 1894.

Advantage has also been taken of this opportunity to adopt certain amendments in the law which the working of the present Merchant Shipping Ordinance (26 of 1891) and its amending Ordinances, and the extended requirements of the Port in connection with our recently added territory, seemed to make necessary. The sections have also been re-arranged to a certain extent upon the lines of the English Act of 1894, for the sake of uniformity,

I propose now to go through the Ordinance calling attention to any material alter- ations in the law, and I would beg leave, while doing so, to call attention to the accompanying printed synopsis of the provisions of the Ordinance, which shows the corresponding parts and sections of Ordinance 26 of 1891, and the English Act of 1894, and which, moreover, shows at a glance any new sub-sections, by printing the marginal note to such sub-sections in italics.

Section 2-(Interpretation clause). The terms Vessel," "Junk," Lorcha," and "Port of the Colony " have been added. The definition of " Passenger" is borrowed

from the English Act of 1894. The definition of "Waters of the Colony" has been amended so as to meet the possible requirements of the recently acquired new territory, The definitions of "Passenger Steamer "Local Trade Limits "and" Harbour Limits have also been slightly amended, and, it is believed, improved from the point of view of clearness.

Section 3, which provides for the issue of Colonial Registers, has been amplified in view of the possible requirements of the Inland Waters trade with China, and, unlike the old sub-section extends to every ship: Colonial Registry is extended to British persons (see sub-section 2 (a)). Sub-section (6) is an enlargement upon the old law, in that it incorporates provisions from section 7 of the English Act of 1884. Sub- section (11) of this section is new, and has been introduced for the purpose of making the master of the ship amenable to British law. Sub-section (12) is also new, and is considered by the Harbour Master to be necessary.

Section 4 consists principally of a re-arrangement of sections 15 and part of 16 of Ordinance 26 of 1891 (see the printed synopsis herewith), but it contains additional provisions, borrowed from the English Act of 1894, providing for the issue of duplicate certificates in cases of loss (sub-section 16) the production of certificates when shipping (sub-section 17) and the punishment of forgery (aub-section 18.) ·

1894.

Sub-section (2) is remodelled upon the lines of section 92 of the English Act of Sub-section (3) is new, and the object of it is to provide for Colonial ships, not exceeding 60 tons, having competent officers.

Sub-section (4) provides for masters and officers being entered on the registered articles of agreement.

Section 5 is a re-arrangement of sections 16 and 22, with a small addition from the Merchant Shipping Act, 1894, respecting agreements (see sub-sections (3) and (4), and also differs from the old law in making more clear provisions against the promis- cuous discharge of destitute seamen who may subsequently become chargeable to the Colony (sub-section 7).

[*Note.--By the term, “old section,"

I mean always section of the old Ordi- nance, 26 of 1891.]

Section 6 is the old section* 17 amended in sub-section (1) so as not to apply in the case of Chinese seamen (in whose case no checks are required, they being procured, as wanted, by Chinese Shipping Masters, and being left to them- selves after discharge, without any control being exercised by the Harbour Master. Lodging-houses for Chinese pay no fee) and with sub-sections (1) and (6) of the old section 17 included together in (1). section (5) of the old section (17) is reproduced in sub-section (12) of section 5 of this Ordinance.

Section 7 is the old section 23.

Sub-

Section 8 is a re-arrangement (see printed synopsis) of parts of the old sections 18,

19, and 21, with slight additions; (sub-section 3), and modifications (sub-section 1), chiefly taken from the Merchant Shipping Act, 1894.

Sub-section (7) is brought into line with Ordinance 20, of 1885.

Section 9 is the old section 20 brought into line with the English Act of 1894, with regard to offences against discipline (sub-section 5).

Sub-section 1 (b) was introduced by order of the Secretary of State.

This section also contains Amendments with reference to its application to seamen from Foreign Ships. For instance, the proviso at the end of sub-section (5) limits the offences from Foreign ships which are triable to (a) Disobedience of lawful com- mand, (5) Continued wilful disobedience, (c) Assaults on officers, (d) Continuing to dis- obey orders; and it also provides that Consular Officers shall undertake that the sea- man will not be thrown on the Colony after he comes out of gaol. The latter has proved to be a most necessary provision in Hong Kong.

Sub-section (8) provides that a Foreign seaman who has been imprisoned at the instance of his Consul may be handed over to the Consul before the expiration of his term of imprisonment. (This enables the Consul to send the seaman away in another ship if opportunity occurs.)

Section 10 is a re-arrangement, with slight modifications, of parts of the old sections 5 and 14 (see printed synopsis),

Sub-sections (3), (23) and (24) are, however, new, being taken from the English Act of 1894.

Section 11 reproduces a portion of the old section 5; sub-section (2), however, giving the Harbour Master power to refuse a clearance is new.

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