CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 314

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No. 10 of 1899.

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MERCHANT SHIPPING.

MERCHANT SHIPPING.

No. 10 of 1899.

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[s. 9 contd.] Sailing from the Colony, either at the commencement or during the progress of a voyage, or is absent at any time 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 sum not exceeding two days' pay, and in addition, for every twenty- four hours of absence, either a sum not exceeding six days' pay or any expenses properly incurred in hiring a substitute; and also he shall be liable to imprisonment for any term exceeding ten weeks;

57 & 58 Vict. c. 60, s. 225.

not

(c) if he quits his ship without leave after the ship's arrival and before the ship is placed in security, he shall be liable to forfeit out of his wages a sum not exceeding one month's pay;

(d) if he is guilty of wilful disobedience to any lawful command, he shall be liable to imprisonment for any term not exceeding four weeks, and also to forfeit out of his wages a sum not exceeding two days' pay;

(e) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, he shall be liable to imprisonment for any term not exceeding twelve weeks, and also, at the discretion of the court, to forfeit, for every twenty- four hours' continuance of disobedience or neglect, either a sum not exceeding six days' pay or any expenses properly incurred in hiring a substitute;

(if he assaults the master or any mate or certificated engineer of the ship, he shall be liable to imprisonment for any term not exceeding twelve weeks;

(g) if he combines with any of the crew 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 any term not exceeding twelve weeks; and

(h) if he wilfully damages the ship, or embezzles or wilfully damages any of the 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 any term not exceeding twelve weeks:

Provided that, in the case of a foreign ship, the magistrate may only deal with cases arising out of the offences mentioned

in paragraphs (d), (e), (f) and (g): Provided also that, if [s. 9 contd.] there is a consular officer resident in the Colony of the nation

to which such ship belongs, the magistrate shall not deal with any case, unless he is requested to do so by such officer in writing, and unless such officer undertakes that any such seaman shall not become a charge on the Colony in consequence of being so dealt with.

or

(6) All expenses incidental to the apprehension and confine- Payment of ment of any seaman or apprentice under this section shall be expenses. payable by the master of the ship to which such seaman apprentice belongs and be recoverable from him, at the suit of the Commissioner of Police, as a debt due to the Government; and the subsistence money for every such seaman or apprentice confined in prison shall be paid in advance to the Superintendent of Prisons, and, in default of such payment, the Superintendent of Prisons may release such seaman or apprentice: Provided that every seaman or apprentice imprisoned under this section may, by direction of the committing magistrate, be sent on board his ship or may be placed at the disposal of the consular officer at whose request he dealt with the case, on the written application of such officer, either on or before the expiration of his term of imprisonment.

PART III.

PASSENGER Ships.

Surveys.

10.—(1) In this Part, "passenger ship" means every ship Interpreta- exceeding sixty tons register carrying passengers from, to, or tion. between places in the waters of the Colony except steam or motor-vessels which ply solely as ferries between two or more points within the Colony.

(2) Every passenger ship which carries more than twelve Passenger passengers shall be surveyed once at least in each year in the ship to he

surveyed manner provided in this section, except―

ence a year. 57 & 58 Vict.

(a) British ships which have from the United Kingdom or c. 60, s. 271 from any British possession passenger certificates or survey and (1) (^).

* For the Merchant Shipping Passenger Steamers (Hong Kong) Order, 1928,

see G.N. 301 of 25.5.1928.

As amended by No. 23 of 1932 [10.12.32), No. 28 of 1933 [22.12.33), No. 28 of 1935 [1.7.35] and Law Rev. Ord., 1937. See also No. 25 of 1934 [Merchant Shipping (No. 2) Amendment], s. 3 (not yet in force on 1.1.1938).

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