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9. There are some minor points in which amendment is desirable. For instance, the latter part of section & 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 be required.

I have, &c.,

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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:-

"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.,

HINRY 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, 30 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 à 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:-

(1.) 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. (ii)-This amendment is owing to a defect in the former definition of the

Northern Fairway.

Section 41. This puts right a previous clerical error.

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 1×99. 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" arc added, in order to obviate the necessity

for a photograph in every case. (iii.)" 43" was a clerical error for "40."

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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 Irade.

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 same 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 stib-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 marked A near the end of this Report.

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