CO129-314 - Public Offices - 1902 — Page 527

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(5.) If a seaman lawfully engaged, or an apprentice to offences the sea service, commits any of the following offences sgainst disci- within the waters of the Colony, he shall be liable to be pline. punished summarily as follows:-

(M. S. A., 1894 Fec. 221.)

(a.) If he deserts from his ship he shall be guilty of the offence of desertion, and be liable to forfeit all or any part of the effects he leaves on board, and of the wages which be has then earuod, and also to satisfy any excess of wages paid by the master or owner of the ship to any substitute engaged in his place at a higher rate of wages than the rate stipul- ated to be paid to him; and also he shall be liable to imprisonment for any period not exceeding twelve weeks with or without bard labour;

(b.) If be neglects, or refuses without reasonable causo, (Ibid.)

to join his ship, or to proceed to sea in his ship, or is absent without leave at any time within twenty- four hours of the ship's sailing from this Colony, either at the commencement or during the progress of a voyage, or is absent at any thue without leave and without sufficient reason from his ship or from his duty, he shall, if the offence does not amount to desertion, or is not treated as such by the master, be guilty of the offence of absence without leave, and be liable to forfeit out of his wages a sun not exceeding two days' pay, and in addition for every twenty-four hours of absence, either a sum of exceeding six days' pay, or any expouses properly incurred in hiring a substitute; and also, he shall be liable to imprisonment for any period not excoal- ing ten weeks with or without burd labour; (e.) If he quits the ship without leave after her arrival

and before she is placed in scenrity, he shall be see. 225.)

(M. 8. A. 1894, liable to forfeit out of his wages a sum not exceed- ing one month's pay :

Ord.26 of 1891

sec. 20; also

M. S. A. 1894.

(Ibid.)

M. S. A. 1894, sec. 227.

(Ibid.)

(IM)

(d.) If he is guilty of wilful disobedience to any law- ful command, he shall be liable to imprisonment for

a period not exceeding four weeks, aud also, at the discretion of the Court, to forfeit out of his wages a saw not exceeding two days' pay : (e.) If he is guilty of continued wilful disobedience to lawful commands, or confined wilful veglect of duty, he shall be liable to imprisonment for a period not exceeding twelve weeks, and also, at the discretion of the Court, to forfeit for every twonty- four hours continuance of disobedience or neglect, either a sum not exceeding six days' pay, or any expenses properly incurred in hiring a substitute; (A) If he assaults the master or any inate or certificated engineer of the ship, he shall be liable to imprison- ment for a period not exceeding twelve weeks; fg. If he combines with any of the erew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, he shall be liable to imprisonment for a period not execeding twelve weeks ; (h.) If he wilfully damages his ship, or embezzles or wilfully damages any of her stores or cargo, he shall be liable to forfeit out of his wages a sum equal to the loss thereby sustained, and also, at the discretion of the Court, to imprisonment for a period not exceeding twelve weeks;

Provided that in the ease of a Foreign Ship the Magistrate may only deal with cases arising out of the offences named in (d), (e), (f), and (g) of this sub-section, and provided also that if there is a Consular officer resident at Hongkong of the nation to which sneh ship belongs the Magistrate shall not deal with any ease, unless requested so to do by such officer in writing, and miless such Consular officer shali widertake that any such seaman shall not become a ebarge ou the Colony in consequence of being so dealt with at his request.

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Section 9 is the old section 20 brought into line with the English Act of 1894, with regard to offences against discipline (sub-section 5).

Sub-section (4) was introduced by order of the Secretary of State!

This section also contains Amendments with reference to its application to seamen from Foreign Ships. For instance, the proviso at the end of sub-section (5) limits the offences from Foreign ships which are triable to (a) Disobedience of lawful com- mand, (b) Continued wilful disobedience, (c) Assaults on officers, (d) Continuing to dis- obey orders; and it also provides that Consular Officers shall undertake that the sea- men will not be thrown on the Colony after he comes out of gaol. The latter has proved to be a most necessary provision in Hong Kong.

11. It will be necessary to refer to the Foreign Office the final provision of sub- section 5 of section 9, which provides that a Magistrate shall not deal with offences

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