CO129-413 - Governor Sir May - 1914 [8-10] — Page 333

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Report on an ordinance

entitled An Ordinance to amend the law relating to the

observance of precautions against Piracy.

The Launch and River Trade Steamer (Protection against Piracy) Ordinance, 1900, as amended by the Steam Launch and River Trade Steamer (Protection against Piracy). Ordinance 19 13, provides for the giving of security by the owners, agents, charterers or licensees of launches and river trade steamers as therein defined for the observance of reasonable precautions against the commission of piracy or robbery on

or in respect of such launches or river trade steamers, their cargo or their passengers, and it gives power to a magistrate

in certain cases.to order the security given to be estreated.

It has however been found to be defective in several respects.

In the first place it does not apply to all ships which

are exposed to piratical attacks but only to launches and

river trade steamers as therein defined.

In the second place the power of the magistrate to order

the security to be estreated can be exercised only when a

piracy or robbery has actually been committed though it is

obviously desirable that it should not be necessary to wait

for the actual commission of a piracy or robbery before taking

proceedings against a person who has failed to observe the

precautions against piracy which he undertook by his bond to

carry out.

In the third place it fails to provide for the giving of

any notice to the owners, agents, charterers or licensees of

any proceeding with a view to the estreating of the security

given, or for the furnishing to such owners, agents, charterers

or licensees of any opportunity of showing cause against such

order.

This Ordinance accordingly provides that a bond shall be

required in the case of any launch or ship as therein defined

which is about to proceed on a voyage to Amoy,lacao, Kwong Chau

Wan, Hoillow or Haiphong, or to any place in the two Kwonge; that

the power of a magistrate to order the forfeiture of the sum

secured by the bond shall not be limited to cases where a piracy

has actually occurred but shall be exerciseable whenever a

breach has occurred of the condition of bond; and that the

persons by whom the bond shall have been entered into shall have

an opportunity of showing cause before any order of forfeiture

is made.

It also provides that if any launch or ship in respect of

which no bond has been given proceeds on any voyage which can

lawfully be made only if a bondhas been entered into, the master

and owners shall be deemed to be guilty of a misdemeanour, and

it gives the Harbour Easter power to refuse a clearance to any

launch or ship which he has reasonable grounde to anticipate is

about to proceed on any such voyage without a bond.

It also makes it a misdemeanour to give any order, or make

any threat, or hold out any inducement, or exert any pressure,

or offer any advice, which might have the effect of influencing

any person to fail to observe any of the provisions of the Ordi-

nanoe or of any regulations made thereunder.

The regulations to be made under the Ordinance will, like

those now in force, require watchmen and guards to be carried,

watchmen and but these guards will in future be engaged and trained and paid

by the Police Department, and will be appointed to the various launches and ships as required. The Ordinance accordingly provides that the owners of the launches and ships required to

watchmen or

carry guards shall be liable to pay to the Government in respect

watchman or

of eacly guard carried such sum per month as may be fixed by the

regulations.

The Ordinance also legalises the searches necessary for carrying out the contemplated precautione against piracy.