CO129-314 - Public Offices - 1902 — Page 535

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

13.-0.) The Governor in Commeil may from time to Power to make time make rules with respect to the following matters :---

regulations. (Which, ser. 4)

(.) The arranging of ships into classes having regard Classes of to the service in which they are employed, the nature ships, and duration of the voyage, and the number of per- sous carried.

(6.) The number and description of the boats, life- Life-boats, &r.

boats, life-mfts, life-jackets and life-bnoys to be carried by British or Colonial ships according to the class in which they are arranged and the mode of their construction, also the equipments to be carried by the bouts and rafts and the method to be provided to get the boat and other life-saving apparatus into the water.

Life-saving apparatus.

Duties of owner and master,

(e) The quantity, quality, and description of buoyant apparatus to be carried on board ships carrying passengers either in addition to or in substitution for boats, life-bouts, life-rafts, life-jackets and life-buoys. Unless and until other Rules are made, the Rules in table A of the schedule hereto shall be the Rules under this section.

(2.) It shall be the duty of the owner and master of every British or Colonial ship exceeding 60 tons to see that (hid, sec. 4.) his ship is provided in accordance with the rules in table A in the schedule to this Ordinance with such life-boats, jackets, and other appliances for saving life at sea as, having regard to the nature of the service in which the ship is employed and the avoidance of undue incumbrance of the ship's deck, are best adapted for securing the safety of her crew and passengers.

Penalty for neglect.

(3. & A., 1994, 8vo. 430.)

Surveyor'a

powers.

(3.) In the case of any ship--

(a.) if the ship is required by the rules for life-saving appliances to be provided with such appliances and proceeds on any voyage or excursion without being so provided in accordance with the rules applicable to the ship; or

(b) if any of the appliances with which the ship is so provided are lost or renderal unfit for service in the course of the voyage or excursion through the wilful fault or negligence of the owner or master; or (c.) if the master wilfully neglects to replace or repair on the first opportunity any snch appliances lost or injured in the course of the voyage or excursion; or (f. if such appliances are not kept so as to be at all

times fit and ready for use;

then the owner of the ship (if in fault) stall for ench offence be liable to a time not exceeding five hundred dollars, and the master of the ship (if in fault) shall for each offence be liable to a fue not exceeding two hundred and fifty dollars.

(1) Any surveyor appointed under this Ordionues may inspect any ship for the purpose of seeing that she is 1891, see, 4.) properly provided with appliances for saving life at sea in

conformity with this Ordinance.

(Ord. 20 of

Norice of deficiency. (Ibid.)

(5.) any such surveyor finds that any ship is not so pro- vided he shall give to the master or owner notice in writing pointing out the deficiency and also what is in his opinion requisite to remedy the same.

Harbour Mas- (6.) The Harbour Master shall not grant a elcarance ter not to clear for any ship hereinbofore required to be provided with ships not couplying boats, life-jackets, and other appliances for saving life with the above unless the same is duly so provided; and if any such ship provisions. attempts to go to sea without such clearance, the Harbour (Ord. 26 of Master 1891, sec. j

dotain her until she is so provided.

may

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.

530

13.--I still think that the exemption of ships which comply with the provisions of the Merchant Shipping Act should be specifically made in the Ordinance.

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