THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 20, 1935.
sufficient to comply with the Wireless Telegraphy Rules, and shall be provided with one or more certified operators and watchers, at least, in accordance with those rules:
The Governor may exempt from the obligations imposed by this Act any ships or classes of ships if he is of opinion that, having regard to the nature of the voyages on which the ships are engaged or other circumstances of the case, the provision of a wireless telegraphy ap- paratus is unnecessary or unreasonable; provided that the Governor shall not exempt any ship plying on international voyages from the said obligations unless the exemption of the ship appears to him to be authorised by paragraph 2 of Article 27, or by Article 28, of the Safety Convention.
(3) If this section is not complied with in the case of any ship, the master or owner of the ship shall be liable in respect of each offence to a fine not exceeding five hundred pounds, and any such offence may be prosecuted summarily, but, if the offence is prosecuted summarily, the fine shall not exceed one hundred pounds.
(3A) If the master of a British ship registered in Hong Kong fails to comply with any requirement of the Wireless Telegraphy Rules requiring him to make entries in the Official Log Book, or if any. operator or watcher on any such ship contravenes the said Rules, he shall for each offence be liable to a fine not exceeding ten pounds.
(4) Any Government Surveyor may inspect any ship for the purpose of seeing that she is properly provided. with a wireless tele- graph installation and certified operators and watchers in conformity with this Act, and for the purpose of that inspection shall have all the powers of a Board of Trade inspector under the Merchant Shipping Aicts.
If the said surveyor finds that the ship is not so provided, he shall give to the master or owner notice in writing pointing out the deficiency, and also pointing out what in his opinion is requisite to remedy the same.
Every notice so given shall be communicated in the manner directed by the Governor to the Harbour Master of any port at which the ship may seek to obtain a clearance, and the ship shall be detained until a certificate under the hand of any such surveyor is produced to the effect that the ship is properly provided with wireless telegraph installation and certified operators and watchers in con- formity with this Act.
2. The foregoing provisions of this Act shall, as from the first Application day of October nineteen hundred and thirty-five apply to ships other to ships not than British ships registered in Hong Kong while they are within registered in
Hong Kong. any port in Hong Kong in like manner as they apply to British ships so registered.
(3-(2) This Act shall be construed as one with the Merchant Shipping Act, 1894, and in this Act the following expressions have the meanings hereby respectively assigned to them, that is to say-
"Governor" means the Governor of Hong Kong;
"International voyage" means a voyage from a port in one country to a port in another country, either of those countries being a country to which the Safety Convention applies, "short international voyage means an international voyage in the course of which a ship does not go more than two hundred miles from land, and "inter- national coasting voyage" means an international voyage in the course of which a ship does not go more than twenty miles from land, so however that for the purpose of this provision-—
(a) no account shall be taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstance which neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled; and
(b) every colony, overseas territory, protectorate or territory under suzerainty, and every territory in respect of which a mandate has been accepted on behalf of the League of Nations, shall be deemed to be a separate country.
"Ordinance of 1899" means the Hong Kong Merchant Shipping Ordinance, 1899, as amended by subsequent Ordinances.
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