TNAG-0860-FCO40-1070-Legislation-for-merchant-shipping-in-Hong-Kong-1980 — Page 109

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Section 34(1) provides for a penalty of 6 months

imprisonment and a fine of $10,000 and an additional

fine of $5,000 for each excess passenger.

Clause 2(a)

increases the maximum term of imprisonment to 2 years.

Clause 2(b) introduces to section 34 two

presumptions which would facilitate prosecutions under that

section. Persons on board a vessel, other than crew members

and infants under 1, would be presumed to be passengers and

a ship with more than 12 passengers on board would be

presumed to be a passenger ship for the purposes of the

section. Thus, if a non-certificated ship brings passengers

into Hong Kong waters and the master and owner are prosecuted,

the presumptions will apply unless rebutted by evidence

satisfying the court. For example, this would mean that

if a master who is prosecuted claims that his passengers

are the survivors of a shipwreck, the burden of proving that

will lie on him.

Clause 3 adds 3 new sections to the ordinance

providing for the forfeiture of ships of any size where the

master or owner is guilty (whether convicted or not) of an

offence under section 34. The 3 sections set out in detail

the procedure to be followed after seizure by the Director

of Marine. Provision is made for notice of seizure to be

served on the owner and also to be published. In the

absence of claims the ship is then forfeited to the Crown.

Any claims are referred to a magistrate who may order the

forfeiture of the ship or order that it to be returned to