76
No. 10 of 1899.
MERCHANT SHIPPING.
481
MERCHANT SHIPPING.
No. 10 of 1899.
77
sub-ss. (13) or (14).
[cf. sub-s. (24).]
Junk not carrying lights to be deemed in fault for collision.
Application
of certain parts of Merchant
Shipping Acts.
+
[cf. 57 & 58 Viet. C. 60, s. 735.]
two hundred dollars or to imprisonment for any term not exceeding six months, and, further, such vessel and the cargo thereof may, in the discretion of the magistrates, be forfeited. It shall be lawful for any harbour or police or revenue officer to arrest within the waters of the Colony any junk or other Chinese vessel except a licensed fishing junk leaving or attempt- ing to leave any anchorage or which he has good reason believe had left any anchorage or any port in contravention of the provisions of sub-section (14).
to
(27) If in any action brought in respect of a collision occurring between sunset and sunrise, in or outside the waters of the Colony, between a junk and any other vessel whatsoever, it is proved that such junk did not carry either the lights prescribed for sailing vessels by the International Collision Regulations, or the lights prescribed for junks by sub-sections (1) or (2) respectively of section 25, then such junk shall be deemed to be in fault, unless it is shown to the satisfaction of the court that the circumstances of the case made the omission to carry such lights necessary: Provided that the word "vessel" in this sub-section shall not be limited by the definition of vessel in sub-section (1).
[s. 40, rep. No. 48 of 1911.]
PART XI.
GENERAL.
Prosecution of offences and procedure.
41.-(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Merchant Shipping Acts as apply to this Colony and are inconsistent with the pro- visions of this Ordinance are hereby repealed so far as they relate to ships registered in this Colony; but in all other respects the provisions of the Merchant Shipping Acts, so far as they are not inconsistent with the provisions of this Ordinance, shall be in force in this Colony, and in particular such as relate to rights to wages and remedies for the recovery thereof, to leaving seamen abroad, to the provisions, health and accommodation of seamen, to the power of seamen to make complaints, to the protection of
See also No. 25 of 1934 [Merchant Shipping (No. 2) Amendment], s. 5 and No. 22 of 1937 (Merchant Shipping Amendment], s. 2 (not yet in force on 1.1.1938).
1937.
As amended by No. 28 of 1935 (1.7.35] and Law Rev. Ord.,
seamen from imposition, to discipline, to official logs, and to [s.41 contd.] crimes committed abroad shall apply, mutatis mutandis and so far as the same can be extended, to ail ships registered in this Colony, when such ships are within the waters of the Colony, [ef. 57 & 58 and to the owners, masters and crews of such ships.
Vict. c. 60, 5. 264.]
of misde-
under
(2)* (a) Every offence declared by the Merchant Shipping Trial in Acts or by this Ordinance to be a misdemeanor may, if tried in the Colony this Colony, be tried by the Supreme Court in the same manner meanors and as other misdemeanors are tried, and may also, unless otherwise offences expressly provided, instead of being prosecuted before the Merchant Supreme Court, be prosecuted summarily in accordance with the Shipping procedure established by the Magistrates Ordinance, 1932, but, if Ordinance. so prosecuted, shall be punishable by the magistrate only with Ordinance imprisonment for any term not exceeding six months or with a No. 41 of fine not exceeding one thousand dollars.
Acts and
1932.
(b) Every offence made punishable by the Merchant Ship- [c. 57 & 58
Vict. c. 60, ping Acts by imprisonment, with or without hard labour, for any
s. 680.] term not exceeding six months or by a fine not exceeding one hundred pounds may be prosecuted summarily before any magis- trate, and may be punished by imprisonment for any term not exceeding six months, or by a fine not exceeding one thousand dollars.
(c) The provisions of the Magistrates Ordinance, 1932, with Ordinance regard to appeals shall apply to all summary convictions under No. 41 of this section.
1932.
offences and
(3)* All offences against this Ordinance, except when other- Trial of wise provided, may be heard and determined by any magistrate, recovery of and all penalties and forfeitures imposed and declared by and penalties, expenses recoverable under this Ordinance, except when other expenses,
etc., under wise provided, may be recovered and enforced in a summary the manner; and a marine magistrate shall, in relation to all such Ordinance.
[cf. 22 Geo. offences, penalties, imprisonment for default, forfeitures and 5, c. 9, s. 72 expenses, have the like powers and authority as are given to a and No. 41 magistrate under the Magistrates Ordinance, 1932, in respect of 62.1 offences triable on summary conviction.
(3A) Where any foreign ship is detained under the Mer- chant Shipping (Safety and Load Line Conventions) Act, 1932,
* See also No. 25 of 1934 [Merchant Shipping (No. 2) Amendment], s. 5 and No. 22 of 1937 [Merchant Shipping Amendment], s. 2 (not yet in force on 1.1.1938).
of 1932, s.
Notice to be given to nearest con
482
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