218133-1935-Merchant-Shipping-Safety-Convention-Hong-Kong-No-1-Order-1935 — Page 10

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THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 20, 1935.

Obligation

to render assistance on receiving wireless

distress call.

1 & 2 Geo. 5, c. 57.

Signalling lamps.

Carriage of dangerous goods.

26-(1) The master of a British ship registered in Hong Kong, on receiving on his ship a signal of distress by wireless telegraphy from any other ship, shall proceed with all speed to the assistance of the persons in distress, unless he is unable, or in the special circumstances of the case considers it unreasonable or unnecessary, to do so, or unless he is released under the provisions of subsection (3) or subsection (4) of this section.

(2) The master of any ship in distress may, after consultation so far as possible with the masters of the ships which answer his signal of distress, requisition such one or more of those shins as he considers best able to render assistance, and it shall be the duty of the master of any British ship registered in Hong Kong, which is so requisitioned, to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress.

(3) A master shall be released from the obligation imposed by subsection (1) of this section as soon as he is informed by the master

where of the ship requisitioned, or

more ships than requisitioned, all the masters of the ships requisitioned that he or they are complying with the requisition.

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(4) A master shall be released from the obligation imposed by subsection (1) of this section and, if his ship has been requisitioned, from the obligation, imposed by subsection (2) of this section, if he receives information that assistance is no longer required.

If the master of a British ship registered in Hong Kong fails to comply with the foregoing provisions of this section, he shall be guilty of a misdemeanour.

(6) If the master of a British ship registered in Hong Kong, on receiving on his ship a signal of distress by wireless telegraphy from another ship, is unable or, in the special circunstances of the case, considers it unreasonable or unnecessary, to go to the assistance of the persons in distress, he shall forthwith send message by wireless telegraphy informing the master of that other ship accord ingly, and enter in the official log-book his reasons for not going to the assistance of those persons, and if he fails to do so he shall be liable to a fine not exceeding one hundred pounds.

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(7) Nothing in this section shall affect the provisions of section six of the Maritime Conventions Act, 1911, and compliance by the master of a ship with the provisions of this section shall not affect his right, or the right of any other person, to salvage.

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27. No British ship registered in Hong Kong, being a ship of over one hundred and fifty tons gross tonnage, shall proceed to sea on an international voyage, unless the ship is provided with efficient signalling lamp and if any ship proceeds or attempts to proceed to sea in contravention of this section, the owner or master thereof shall for each offence be liable to a fine not exceeding twenty pounds.

28.-(2) If any of the rules with respect to the carriage of goods on passenger steamers plying on international voyages made by the Board of Trade under the Merchant Shipping Acts is contravened in the case of any British passenger steamer registered in Hong Kong, the master or owner of the steamer shall for each offence be liable to a fine not exceeding three hundred pounds, and the steamer shall be deemed for the purposes of subsection five of section seventeen of the Ordinance of 1899 to be unsafe by reason of improper loading.

(3) Any goods declared to be dangerous in their nature by the rules made under this section shall be deemed to be dangerous goods for the purpose of section fifteen of the Ordinance of 1899.

(4) The provisions of this section shall be deemed to be in addition to, and not in substitution for, or in restraint of, any other enactment for the like object, so however that nothing in this section shall be deemed to authorise any person to be sued or prosecuted twice in the same matter.

(5) The foregoing provisions of this section and the rules made thereunder shall apply to passenger steamers not registered in Hong Kong, while they are within any port in Hong Kong, as they apply to British passenger steamers registered in Hong Kong.

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