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PUBLIC RECORD OFFICE

Reference :--

C.O. 882

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PUBLIC RECORD OFFICE, LONDON

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

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Having now dealt with the reasons for the amendments suggested locally I pass on to consider those which were recommended by the Secretary of State and by the Board of Trade.

Section 3.-It was suggested by the Board of Trade that the words in question should be inserted so as to render the master of a foreign ship liable to the saine penalty as the master of a British ship.

Section 4.This transposition was suggested by the Board of Trade as being

a more logical order of sequence.

Section 5.-The practice always has been to treat the corresponding expression in the corresponding provisions of Ordinance 26 of 1891 as applying to the British mercantile marine, but, in deference to the views of the Board of Trade the word "British " has been inserted for the sake of greater clearness.

Section 6.-It was pointed out by the Board of Trade that the provisions of sub-section (a.) of section 18 clashed with the provisions of sub-section (10.) of section 41.

Section 7.-This amendment makes sub-section (1.) of section 5 correspond

with sub-section (2.) of the same section.

Section 8. This amendment was made so as to make the penalty of two hundred dollars correspond with the penalty of £20 in the English Merchant Shipping Act, 1894.

Section 9.-These amendments were suggested by the Board of Trade so as to bring our local law altogether into line with section 202 of the English Act of 1894.

Section 10. The word "foreign" is inserted so as to make sub-section (7.)

of section 8 correspond with section 5. Section 11.-Is a new section and is inserted because cases have occurred in which Chinese ships carrying coolies on their way up from Singapore to the Coast Ports have arrived at this port in a very bad sanitary condition. It is framed on the same lines as section 36 of the Straits Settlements Ordinance, VII. of 1890.

Section 12. The word "British " is inserted so as to prevent the master of a

foreign ship from applying under this sub-section.

Section 13. It was pointed out by the Board of Trade that no provision was made in sub-section (4.) of section 9 for punishing a party making a false declaration.

Section 14. It was pointed out by the Board of Trade that a special reference to passenger certificates would make it clearer that they were intended to be included in paragraph (a.) of sub-section 2 of section 10.

Section 15.-This amendment was suggested by the Board of Trade in order to make it abundantly clear that a Surveyor was not liable to any penalty for receiving the authorized fees.

Section 16. (i.) This amendment corrects a clerical error.

(ii) This amendment is made because foreign ships are not bound by our

laws as to deck and load lines.

Section 17.-It was pointed out by the Board of Trade that sub-section (15) of section 10 had no clear or definite meaning, and it has accordingly been. repealed.

Section 18. The practical effect of this amendment is to omit from sub-section (23.) of section 10 certain provisions as to forgery which would clash with the provisions of sub-section (10) of section 41 of the Ordinance. Sections 19 and 20.-These amendments have been made so as to render a

marking which complies with British or Colonial law sufficient. Section 21. The amendments effected by this section in section 18 of the Ordinance are intended to meet the case of a ship arriving in this Colony which is unrepresented by a Consular Officer.

Section 22-The word "British" has been inserted for the sake of greater clearness, by desire of the Board of Trade. It has always been the practice to read the corresponding provision of Ordinance 26 of 1891 as applying to the British mercantile marine only.

Section 23.--It was pointed out by the Board of Trade that no provision was made in the Ordinance for the ordering of costs of the investigation to be paid.

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Section 26.—The new signals are "Y F" and not "PC" as formerly. Section 27-It seems desirable that all cables should be covered by the provi-

sion of the paragraph in question.

Section 29-This supplies an accidental omission, which was pointed out by

the Board of Trade.

Section 31. The addition of the words "of payment " makes better drafting. Section 32. It is thought better to omit any reference to steamship in this sub-section inasmuch as the whole section applies to steamships not exceed- ing sixty tons, especially as, if the words which are omitted were left in, it might be argued that they were intended to apply to H. M. Ships or to foreign ships of war.*

Sections 33 and 34.-These are a few minor amendments, suggested by the

Board of Trade, and do not appear to call for any comment. Section 35. It was suggested by the Secretary of State that, inasmuch as certain of the provisions of our local Ordinance differed from English legislation, it would be advisable, in order to prevent any contention being raised as to certain provisions of our Merchant Shipping Ordinance being ultra vires, to specifically repeal so much of the provisions of the English Merchant Shipping Acts as are inconsistent with the provisions of Ordin- ance 36 of 1899. Accordingly four and a half lines have been added to the commencement of sub-section (1.) of section 41 for the purpose of meeting the above point.

Section 36. The Board of Trade thought that the provisions of the English Act as to service of documents (see section 696 of the Merchant Shipping Act of 1894) had better be adopted in this Colony, for the sake of uniformity. Section 37. This provision is borrowed from the Home Act, section 743, and

has been introduced on the suggestion of the Board of Trade.

It is necessary, now, to refer to certain points in which, after consulting with the Harbour Master, I omitted to adopt the suggestions of the Board of Trade.

As regards sub-section (2) of section 3 of Ordinance 36 of 1899, the Harbour Master reports as follows:-

We are dealing with two different kinds of Registry-

(a) By British subjects;

(b) By others.

The reason why (a) is not left to the provisions of the Imperial Act is that it is desired to give the status of British ships to a number of small craft whose owners being British subjects desire to go outside our waters without being put to the expense and inconvenience of providing Certificated Masters, &c., and of being hedged round with all the safeguards of Part I. of the Imperial Act.

The desirability of (b) was recognized as far back as 1855, and it formed a part of Ordinance No. 4 of that year, and has been re-enacted from time to time since then.

(b) has not been availed of probably because--

(1) of the expense ($25), reduced by Ordinance 36 of 1899.

(2) Of the necessity for having certificated officers, now made easier by Ordin

ance 36 of 1899, e.g., by permitting certificates of lower grades.

+

In order to obviate the difficulty raised by the Board of Trade as to sub-section (2) of section 3 of Ordinance 36 of 1899 repealing, by implication (without express power for that purpose) the provisions of section 1 of the Imperial Act of 1894, I beg leave to point out that by virtue of the amendment effected by section 35 of the present Ordinance: so much of the provisions of The Merchant Shipping Act, 1894, and of any acts amending the same which are in force in England and are inconsistent with the provisions of this Ordinance are repealed"; and it is hoped that the above amendment will cure one of the main obstacles mentioned in the Secretary of State's despatch of the 12th April last to the granting of the Royal Assent to Ordinance 36 of 1899.

As regards the following note by the Board of Trade on sub-section (3) of section 3 of Ordinance 36 of 1899:---

"Is there any objection to inserting the provision as to forfeiture and penalty

Note by Acting Attorney-General. Kindly refer also upon this point, to the passage markel A near the end of this Report.

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