CO129-168 - Sir Kennedy - 1874 [9-12] — Page 169

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Paragraph 4 of section XXV is also new, Its necessity arises from the great increase in the use of steam-launches in these waters, a class of vessels which at present is subject to no kind of regulation.

Section XXVII confers powers on the Harbour Master which he does not now possess. Their utility is obvious. The same observations apply to section XXVIII.

PART III.

Chapter II of this part purposes to place in the hands of the Governor in Council the licensing and management of all the small craft plying in the Colonial waters for hire and of all that numerous class of boats used by the Chinese as residences, by means of regulations. At present, the licensing of sampans and of cargo boats is regulated by section XVI of Ordinance No. 8 of 1858, and of cargo boatmen by Ordinance No. 15 of 1860. Vessels used as residences are not under regulation at all. The convenience of the public will, it is thought, be better met by catrusting the making of rules for the control of all craft of this class to the Executive than by embodying the rules for their government in an Ordinance. As such regulations must of necessity mainly consist of mere matters of detail, it is of importance that they should more readily admit of alteration or amendment than is possible when they form the subject of legislative enactment.

PART IV.

By section XXXVIII all offences againt the provisions of the Ordinance are made triable by any stipendiary Magistrate. As a matter of practice, no doubt such offences will be generally tried before the Harbour Master, who is the Marine Magistrate, but inconvenience has arisen from the terms of sections XXIX and XXX of Ordinance No. 1 of 1862, which makes offences against its provisions cognizable only by any stipendiary Magistrate in the event of the Marine Magistrate being incapacitated from hearing them.

THOMAS C. HAYLLAR,

Acting Attorney General.

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