CO129-487 - Others & Individuals - 1924 — Page 86

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Provision as to grain cargoes,

Sending anseaworthy British or Colonial ship to sen a misdemea-

nor.

Hongkong-Port Regulations, &c.

Grain Cargoes.

16. (1.) In this section.--

"Grain

*

"

means any corn, rice, paddy, pulse, seeds, nuts, or nut kernels.

Ship laden with a grain cargo means a ship carrying a cargo of which the portion consist- ing of grain is more than one-third of the registered tonnage of the ship, and that third shall be computed, where the grain is reckoned in measures of capacity, at the rate of 100 cubic feet for each ton of registered tonnage, and where the grain is reckoned in measures of weight, at the rate of two tons weight for each ton of registered tonnage.

(2.) When such grain cargo is carried ou board any vessel such grain shall be contained in bags, sacks, or barrels, or secured from shifting by boards, bulkheads, or otherwise.

(3.) if any ship arrives within the waters of the Colony with grain cargo loaded contrary to the provisions of this section the master thereof shall be liable on sum- mary conviction to a penalty not exceeding 1,000 dollars.

(4.) If the owner or master of any ship, or any agent of any ship, knowingly allows any grain cargo or part of a grain cargo to be loaded therein contrary to the provisions of this section, or sends or attempts to send such ship to sea, he shall for every such offence be liable, on sunumary conviction, to a fine not exceeding 1.000 dollars.

Unseaworthy Ships.

17.--(1.) Every person who sends or attempts to send, or is a party to sending or attempting to send, a British or Colonial ship to sea in such an unseaworthy state that the life of any person is likely to be thereby endangered shall be guilty of a misdemeanor, unless he proves either that he used all reasonable means to ensure her being sent to sea in a seaworthy state or that her going to sea in such an unseaworthy state was, under the circumstances, reasonable and justifiable, and, for the purpose of giving such proof, he may give evidence in the same manner as any other witness.

Hongkong-Port Regulations, &c.

unsea-

(2.) Every master of a British or Colonial ship who 'knowingly takes the same to sea in such an

worthy state that the life of any person is likely to be thereby endangered shall be guilty of a misdemeanor, unless he proves that her going to sea in such an unseaworthy state was, under the circumstances, rea- sonable and justifiable, and, for the purpose of giving such proof he may give evidence in the same manner as any other witness,

Master knowingly taking unseaworthy ship to sea.

18a. Nothing in the provisions of sections 13, 14, Exceptions. 16 and 18 shall affect any foreign ship not bound to this Colony which comes into the waters of the Colony for

any purpose other than that of embarking or landing passen- gers or taking in or discharging cargo or taking in bunker coal.

PART V.

MARINE COURT AND COURTS OF SURVEY.

Marine Courts.

Governor may appoint Marine Court,

19. (1.) It shall be lawful for the Governor, when- ever occasion may arise by warrant under his hand and the Seal of the Colony, to form a Court (which shall be called the Marine Court) to make investigations as to shipwrecks set. or other casualtics affecting ships, or to inquire into charges of incompetency or misconduct on the part of masters, mates, or engineers of ships.

1891 s. 478.

Constitution

(2.) Such Court shall consist of not more than 5 or less than 3 members, of whom one shall be a Stipen- of Court. diary Magistrate and president of the Court, and at least one shall be a commissioned officer in the Royal Navy, and the remainder masters of the British mer- cantile marine, or such persons of nautical, engineering or other special skill or knowledge as the Governor may appoint Provided always that where any invest- igation involves or appears likely to involve any question as to the cancelling or suspension of the certi- ficate of a master, mate, or engineer, the Court shall include not less than two members having experience in the merchant service.

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