CO885-6 — Page 422

PUBLIC RECORD OFFICE

Reference :-

LLC.O. 882

6 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE

BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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as contained in section 67 of The Imperial Act, retaining at the same time the provision that the registry shall become null and void?"

the Harbour Master states:-

The declaration referred to is with regard to the intention of the owner not to trade with the vessel to any other place than China. The declaration in section 67 of The Merchant Shipping Act is with regard to title or ownership. I think it would be sufficient to make the Registry null and void—it is only re-enacting the law in force here since 1855 in this particular.

With regard to the following marginal query by the Board of Trade on sub-section (2) of section 4 of Ordinance 36 of 1899: "Should not river steamers be referred to- see definition clause and 2 (b) of this clause and clause 10 (1) (d)," the harbour Ilaster

states:-

I uch a steamer "I do not think river steamers need be specially referred to. was not a "British or Colonial ship excceding 60 tons" she would be a Foreign ship having a passenger certificate under section 10, and in that case the officers' certificates must be in accordance with the law-see 10, 8 (a) ii., and 1., 8 (b) vi.”

›n sub- With regard to the following marginal query by the Board of Trade section (3) of section 4 of Ordinance 36 of 1899:--

"Leaving the waters. Why is the language altered from 'leav ag an port in

the Colony' in sub-clause 2 above?"

to put I may mention that the reason for the alteration is that it is desired no registered steam launches at a disadvantage as compared with craft of the same lescrip- tion which are not registered.

With regard to the following marginal query by the Board of Trade n sub- section 8 of section 4, namely:-

Having regard to the questions which have arisen in the edgdom under section 94 of the Imperial Act as to the power of the ard of Trade to make regulations which would enable them to endors: n the certificate of an officer or engineer who goes in for an examinati for a certificate of a higher grade a statement (if it be so in lact) that he has failed to pass the vision test in the subsequent examination. Whether, after the word " Applicants," words such as " and dealing with certificates already granted" should not be inserted."

it is suggested that there seems no necessity for dealing with this now and in this place, since the Board of Trade have made a special Regulation on the subject in their Rules for Examination of Masters and Mates, which rules have been adopted in Hong Kong.

As regards the Board of Trade observation on sub-section (12) of section 4 of 36 of 1899:-

"According to English ideas these fees seem distinctly high."

I would beg leave to mention that the above fee has been in force here for many years At present it is past, when the dollar was much higher in value than it is now. worth less than 1s. 11d.

With regard to the Board of Trade observation on sub-section (1) of section 6 of 36 of 1899:-

"It would seem that the powers of the Colonial Secretary and of the Harbour Master, with the approval of the Governor, might clash somewhat."

the Harbour Master reports that, in practice, similar corresponding provisions have been found to create no friction during the 12 years during which he has been Harbour Master in this Colony, and for many years before.

As regards sub-section (2) of section 9 the Board of Trade note is as follows:—

"This clause appears to have been inserted in a previous Ordinance, but does it not go a great deal beyond the provisions of sections 222 and 238 of The Merchant Shipping Act? The power of search and apprehending deserters from British ships in respect of whose country Orders in Council have been made is limited to search on land and does not extend to vessels. Moreover, if this sub-section stands a Magistrate, on the complaint of a Master of a Foreign ship, whether an Order in Council has been made in respect of his country or not, would have the right to search the vessel

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of another State, whether or not within an Order in Council, for a deserter from the complainant's ship. It is quite possible to imagine that if, on the request of a Master of a German ship, a French ship were searched under the powers conferred by this clause, International complications might

arise."

In order to obviate the above suggested difficulty as to International complica- tions possibly arising if the Master of a foreign ship were to search for deserters on another foreign ship, this Ordinance amends this sub-section so as to make it read "Master of any British ship" instead of the words "Master of any ship." The Harbour Master is of opinion that, having regard to the special local circumstances of this Colony and the facilities which exist here for desertion, it would not be desirable to forego the right which has existed for several years of searching for deserters on other vessels as well as on land.

As regards 10 (1) (b) the Board of Trade observes as follows:-

"The definition of passenger steamer goes beyond the definition in section 267 of The Merchant Shipping Act so far as foreign ships are concerned-see- observation in clause 3, 2 (b).”

On this point the Harbour Master states that this is so, but the passenger traffic between places in the Colony is confined to junks and small craft, whereas a very large number of foreign ships carry full complements of passengers from this Colony to other places. This also is a provision which has stood the test of many years' experience here.

As regards section 10 sub-section (24), the Board of Trade suggests that its provisions should be limited to passenger ships registered in the Colony or being within its waters. The Harbour Master, however, submits, in reply, that the passenger ships registered in this Colony are very few indeed, while there are a large number of ships registered elsewhere carrying passengers to and from the Colony. It seems that such ships must be within the waters of the Colony to enable the Master to report to the Harbour Master.

As regards section 13 the Board of Trade Minute is as follows:--

"This section seems, as regards the matters therein referred to, to put British and Colonial ships entirely in the hands of the Governor in Council, not- withstanding that they may comply with the provisions of the Merchant Shipping Act. Should not such ships as comply with the provisions of that Act be exempted, and is it not intended that junks or lorchas shall be provided with L.S.A.? They are not included in the word 'ship.' ' The Harbour Master states, in reply, that we only provide for three classes of ships, whereas the Merchant Shipping Act provides for many more; also the arrange- ment of the classes is not identical with the Merchant Shipping Act. The regulations, however, are the same as in the Merchant Shipping Act, so that any ship complying with that Act would be in accord with our Ordinance. It is not desired to apply the provisions as to L.S.A. to junks and lorchas, as it would be impracticable.

As regards sub-section 1 of section 14 the Board of Trade Minute is as follows:- "It is presumed that the word 'British' in sub-clause 1 refers like the word 'Colonial' only to ships registered in the Colony. If not, should there not be a saving for ships marked in accordance with the Merchant Ship- ping Act?"

To that the Harbour Master replies, "British" applies only to ships registered in the Colony.

Sub-sections (3) and (6) of section 14 are amended by section 19 of this Ordinance so as to render ships marked in accordance with the Imperial Merchant Shipping Act free from prosecutions under section 14 of 36 of 1899.

As regards sub-section (8) of section 14 the Board of Trade suggests that the words "a port of discharge in" be inserted after the words "her return to," but, inas- much as there is only one port of discharge in this Colony, namely, in Hong Kong Harbour, it is submitted that the proposed amendment is, under these circum- stances, unnecessary.

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