CO129-307 - Governor Sir Blake - 1901 [10-12] — Page 567

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

the 17 years during which He had been Harbour Master in this Colony and for many years before.

564

As regards subsection (8) of section @ the Board of Trade note is as follows:-

"This clause appears to have been inserted in a previous Ordinance but it does not do a great deal beyond the provisions of sections 222 and 338 of the Merchant Shipping Act? The power of search and apprehending deserters from British ships/in 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 subsection 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 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 or 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 complications possibly arising if the Master of a Foreign ship were to search for deserters on another Foreign ship, this Ordinance amends this subsection 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. Harbour Master has been searching for deserters on other vessels as well as on land.

As regards 10 (1) (b) the Board of Trade observed

"The definition of Passenger Steamer goes beyond

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the 17 years during which He had been Harbour Master in this Colony and for many years before. 564 As regards subsection (8) of section @ the Board of Trade note is as follows:- "This clause appears to have been inserted in a previous Ordinance but it does not do a great deal beyond the provisions of sections 222 and 338 of the Merchant Shipping Act? The power of search and apprehending deserters from British ships/in 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 subsection 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 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 or 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 complications possibly arising if the Master of a Foreign ship were to search for deserters on another Foreign ship, this Ordinance amends this subsection 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. Harbour Master has been searching for deserters on other vessels as well as on land. As regards 10 (1) (b) the Board of Trade observed "The definition of Passenger Steamer goes beyond
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the 17 years during which He had been Harbour Master in this Colony and for many years before. 564 As regards subsection (8) of section @ the Board of Phade note is as follows:- "This clause appears to have been inserted in a previous Ordinance but ices it not do a great deal beyond the provisions of sections 222 and 338 of the Merchant Shipping Act? The power of search and apprehending deserters from British ships/in ships in respect of whose country Orders in Coun- cil have been made is limited to search on land sal does not extend to vessels. Moreover, if this sabeeotion stands a Yegistrate on the complaint of 3 Vester of 1 Poreign Ship whether an Order in Mouncil has hoon nade is respect of his country or not would have the right to search the vessel of another tate, whether or not within an Order in Council, for a deserter from the Complair ants ship. It is quite possible to imagine that if on the request of a Master of a Gornan ship or French ship were searched under the powers conferr red by this clause International complications might arise" In order to obviate the above suggested difficulty as to Inter- national complications possibly arising if the Master of a Poreign ship wore to search for deserters on another Foreign ship, this Oelinenco amends this subsection so is to make it read "Master of any British ship" instead of the words "naster of any ship". The Harbour Master is of opinion that, having re- gard to the special local circumstances of this Colony and the facilities which exist here for desertion, it would not be de- sirable to forago the right which has existed for several years. Hadraliing for deserters on other vessels as well as on land.. of as follows: - As regards 10 (1) (b) the Board of Trade observed "The definition of Passendar Stesmer goes beyond {
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the 17 years during which He had been Harbour Master in this Colony and for many years before.

564

As regards subsection (8) of section @ the Board

of Phade note is as follows:-

"This clause appears to have been inserted in a

previous Ordinance but ices it not do a great deal beyond the provisions of sections 222 and 338 of the Merchant Shipping Act? The power of search and apprehending deserters from British

ships/in

ships in respect of whose country Orders in Coun-

cil have been made is limited to search on land

sal does not extend to vessels. Moreover, if this

sabeeotion stands a Yegistrate on the complaint of

3 Vester of 1 Poreign Ship whether an

Order in Mouncil has hoon nade is respect of his

country or not would have the right to search the

vessel of another tate, whether or not within an

Order in Council, for a deserter from the Complair

ants ship. It is quite possible to imagine that if

on the request of a Master of a Gornan ship or French ship were searched under the powers conferr

red by this clause International complications

might arise"

In order to obviate the above suggested difficulty as to Inter-

national complications possibly arising if the Master of a

Poreign ship wore to search for deserters on another Foreign

ship, this Oelinenco amends this subsection so is to make it

read "Master of any British ship" instead of the words "naster

of any ship". The Harbour Master is of opinion that, having re-

gard to the special local circumstances of this Colony and the

facilities which exist here for desertion, it would not be de-

sirable to forago the right which has existed for several years.

Hadraliing

for deserters on other vessels as well as on land..

of

as follows: -

As regards 10 (1) (b) the Board of Trade observed

"The definition of Passendar Stesmer goes beyond

{

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