CO882-6 — Page 422

PUBLIC RECORD OFFICE

Reference :-

TILLIC.O. 882

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6 PUBLIC RECORD OFFICE, LONDON

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

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9. There are some minor points in which amendment is desirable. For instance, the latter part of section 8 sub-section 4 needs some amplification so as to define more clearly the several liabilities of the seaman and boarding-house keeper referred to therein.

10. The meaning of section 10 sub-section 15 is not apparent.

11. The wording of section 19 sub-section 4 might advantageously be brought into unison with sub-section 5 by inserting "British or Colonial" before "ship,” wherever that word occurs.

12. Section 41 sub-section 1 appears to leave the law in an unsatisfactory state; and it is deserving of consideration whether the Ordinance would not be improved, as well as simplified, by omitting all references in its several provisions to British ships not registered in the Colony in all cases where such ships, when in the waters of the Colony, would be subject to corresponding provisions of the Imperial Act.

13. With regard to the important point raised in paragraph 7 of your despatch under acknowledgment, you will observe that the Board of Trade, while disposed to think your proposal sound in principle, prefer a less drastic method of meeting the difficulty. The Foreign Office also takes this view, and I am prepared to approve of the inclusion in the Ordinance under consideration of a section enacting that the Colonial Court should non-suit the Chinese owner if it were shown that the collision were due to his non-observance of the International Collision Regulations.

14. I have also received your telegram of the 28th ultimo,t enquiring when the new Merchant Shipping Act will come into force. It will, I think, be apparent from this despatch that the subject has proved one of great difficulty, requiring very careful treatment. I shall, therefore, defer tendering any advice to His Majesty on this Ordinance until you have considered the various amendments that appear to he required.

I have, &c.,

259

SIR,

No. 8.

J. CHAMBERLAIN.

GOVERNOR SIR H. A. BLAKE to MR. CHAMBERLAIN.

(No. 484.)

(Received January 3, 1902.)

[Answered by No. 11.]

Government House, Hong Kong, November 25, 1901. WITH reference to your despatch, No. 118, of 12th April last, I have the honour to transmit, for the signification of His Majesty's pleasure, the following Ordinance § entitled :-

46

-

An Ordinance to amend The Merchant Shipping Consolidation Ordinance,

1899 (Ordinance 36 of 1899)," No. 31 of 1901.

2. The customary Report by the Attorney-General is annexed.

3. I have withheld my assent to this Ordinance pending the receipt of your approval to Ordinance No 36 of 1899, with the amendments effected by the Ordinance now transmitted.

I have, &c.,

HENRY A. BLAKE,

Governor, &c.

Enclosure 1 in No. 8.

Ordinance No. 31 of 1901.

[Not reprinted.]

• No. 1.

↑ 11058: not printed.

‡ No. 7.

§ Not reprinted.

Q

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Enclosure 2 in No. 8.

REPORT On Ordinance 31 of 1901.

Attorney-General's Office, November 23, 1901. I have examined the accompanying Ordinance, entitled "An Ordinance to amend The Merchant Shipping Consolidation Ordinance, 1899 (Ordinance 36 of 1899)," and I am of opinion that the Ordinance is one which is not contrary to the Governor's Instructions.

OBJECTS AND REASONS.

Most of the amendments, which are introduced into the Merchant Shipping Ordinance, 36 of 1899, by this Ordinance have arisen out of recommendations made by the Colonial Office and by the Board of Trade.

A few amendments, however, (see sections 2, 24, 25, 28, 30, 38, 39, 40, 41, 42 and 43) have been inserted for reasons which have suggested themselves locally, and it will be convenient to deal with such amendments at the outset.

Section 2.-The word "Chinese" has been omitted before the word "junks," because it was thought that the continuance of the use of the term might, in some cases, lead to misconception as to whether the nationality or the build of the ship was intended to be aimed at by the word "Chinese "; and the words or any river or rivers in the interior of the Kwangtung Province" have been inserted after the words "West River" because a port or place on the East or North River may be hereafter opened. Section 24. The words "including ships of war of any Foreign nation" have been added because it might be necessary, in certain eventualities, for the places of mooring of foreign ships of war to be controlled. Section 25.-The amendments effected by this section in section 23 of Ordin- ance 36 of 1899 have been rendered necessary by the alterations effected in the Quarantine Regulations by the new Table L (see section 39 of this Ordinance). Section 28.-This amendment was suggested by the Captain Superintendent of Police. There seems to be no sufficient reason why any person should be permitted to have up to 20 lbs. of gunpowder and up to 2,000 safety cartridges, in this Colony. The exception, therefore, as to gunpowder and safety cartridges has, by this amendment, been confined to any person keeping gunpowder and safety cartridges for his private use only, the number of exempted safety cartridges being raised from 2,000 to 5,000 because such a stock as the latter is sometimes kept for sporting purposes. Section 30.-The amendment effected by this section was intended to meet difficulties which have been caused by crews of launches running to Mirs Bay or Deep Bay behaving in a disorderly manner towards the crews or passengers of other competing launches. Section 38.-The object of the amendment in Table E, which is effected by this section, is to incorporate in Table E certain Regulations which were made under Ordinance 26 of 1891.

Section 39.This corresponds generally with the provisions recently sanctioned

by the Secretary of State with the following exceptions, namely:

(i.) Paragraph 16 is wider in its terms as to costs and expenses, and (ii) Paragraph 19 has been added so as to exempt vessels carrying a Medical Practitioner from the necessity of going into the Quaran- tine Anchorage, if certain certificates are given. Section 40 (i.)-This amendment is due to the shifting westwards of the Buoys. (i.) This amendment is owing to a defect in the former definition of the

Northern Fairway.

Section 41. This puts right a previous clerical error.

A

Section 42.-Pedder's Wharf has been taken over by the Ferry Company, and

Blake Pier has been erected since the passing of Ordinance 36 of 1999. Section 43 (i.). The object of this amendment is to prevent a vessel, employed

on business, from being exempted from the provisions of Table Uby obtaining a tow from a pleasure-boat.

(ii)-The words "if required" are added, in order to obviate the necessity

for a photograph in every case.

(iii.)—"43 was a clerical error for " 40.”