TNAG-0860-FCO40-1070-Legislation-for-merchant-shipping-in-Hong-Kong-1980 — Page 95

10.

Explanatory Memorandum

This Bill has 3 purposes all of which relate to

offences under section 34 of the Merchant Shipping

Ordinance. That section makes. it an offence to have

on board a ship in Hong Kong waters passengers in excess

of the number allowed by the passenger certificate or excess

Passengers in an uncertificated ship. The offence may be

committed by the owner, agent, charterer, master or

comprador of a ship.

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 4 years on conviction

upon indictment.

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.