CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 224

Substitution

for Ordin-

ance No. 10 of 1899, s. 41.

Modified application

of Merchant

Shipping Acts, cf. 575 Vict.

& 58 c. 60, ss. 264

and 725.

Certain functions to be

exercised

by the

Governor or his nominee.

Offences cf. 22

Geo. 5, c. 9,

s. 72.

Amendment of Ordin-

ance No. 10

of 1899,

s. 17 (5) (a).

Commence- ment.

5. Sub-sections (1), (2) and (3) of Section 41 of the Merchant Shipping Ordinance, 1899, are repealed and the following sub-sections are substituted therefor :-

(1) Such of the provisions of the Merchant Shipping Acts as apply to this Colony and are inconsistent with the pro- visions of this Ordinance are hereby repealed so far as they relate to ships registered in this Colony: But in all other respects the provisions of the said Acts shall be deemed to be in force in the Colony of Hong Kong, so far as they are applicable thereto, and to extend, so far as they can be ex- tended, to all ships registered in the Colony and to the owners, masters and crews of such ships: Provided, however, that the provisions of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, shall extend to the Colony and to ships registered therein and their owners, masters and crews only when, and to the extent that they may be, extended to the Colony by Orders of His Majesty in Council under section 36 or 64 thereof

(2) Where by or under any of the said Acts functions are required to be performed by the Governor, such functions may be performed by the Governor or by any public officer nominated for the purpose by him.

(3) Any misdemeanor or other offence under any of the said Acts or under this Ordinance may be prosecuted, heard and determined summarily by any magistrate in accordance with the provisions of the Magistrates Ordinance, 1932: Provided that any fines expressed in terms of English cur- rency that may be imposed shall be paid in local currency calculated at the day's opening demand rate of exchange on London published in the Colony by the Hong Kong and Shang- hai Banking Corporation.

6. Paragraph (a) of Section 17 (5) of the Merchant Shipping Ordinance, 1899, as enacted by section 10 of the Merchant Shipping Amendment Ordinance, 1932, is repealed and the following paragraph is substituted therefor :--

(a) The Harbour Master or any Government ship surveyor or engineer surveyor if he has reason to believe, on complaint or otherwise, that a British ship is unsafe, may order the pro- visional detention of such ship for a period not exceeding twenty-four hours, and subject to the further provisions of this section, the Governor may by order extend such period either indefinitely or for such definite period as he may deem fit.

7. This Ordinance shall not come into operation unless and until the Governor notifies by Proclamation His Majesty's pleasure thereon; and thereafter it shall come into operation upon such day as the Governor shall notify by the same or any other Proclamation.

Passed the Legislative Council of Hong Kong, this 23rd day of August, 1934.

228

R. A. C. NORTH,

Deputy Clerk of Councils.