218133-1935-Merchant-Shipping-Safety-Convention-Hong-Kong-No-1-Order-1935 — Page 9

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THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 20, 1935.

the steamer shall not be so loaded as to submerge the appropriate subdivision load line on each side of the steamer when the steamer has no list.

(2) If any such steamer is loaded in contravention of this section, the owner or master of the steamer shall for each offence be liable to a fine not exceeding one hundred pounds and to such additional fine, not exceeding the amount hereinafter specified, as the court thinks fit to impose, having regard to the extent to which the earning capacity of the ship was, or would have been, increased by reason of the submersion.

(3) The said additional fine shall not exceed one hundred pounds for every inch or fraction of an inch by which the appropriate sub- division load line on each side of the ship was submerged, or would have been submerged if the ship had had no list.

(4) Without prejudice to any proceedings under the foregoing provisions of this section, any such steamer which is loaded in contravention of this section may be detained until she ceases to be so loaded.

(5) The foregoing provisions of this section 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.

24.--(1) The master of any British ship registered in Hong Kong, Report of on meeting with dangerous ice, a dangerous derelict, a tropical storin dangers to or any other direct danger to navigation, shall send information navigation. accordingly, by all means of communication at his disposal and in accordance with the rules made by the Board of Trade under the Merchant Shipping Acts with respect to navigational warnings, to ships in the vicinity and to such authorities on shore as may be prescribed by those rules.

(3) If the master of a ship fails to comply with the provisions of this section, be shall for each offence be liable to a fine not exceeding fifty pounds.

(4) Every person in charge of a wireless telegraph station which is under the control of a Postmaster General, or which is established or installed under licence of a Postmaster General, shall, on receiving the signal prescribed by the said rules for indicating that a message is about to be sent under this section, refrain from sending messages for a time sufficient to allow other stations to receive the message, and, if so required by the Governor, shall transmit the message in such manner as may be required by the Governor, and compliance with this subsection shall be deemed to be a condition of every licence granted by the Postmaster General of Hong Kong under the Wireless Telegraphy Ordinance, 1926 .

Provided that nothing in this subsection shall interfere with the transmission by wireless telegraphy of any signal of distress or urgency prescribed under the next following section of this Act.

(5) For the purposes of this section, the expression "tropical storm" means a hurricane, typhoon, cyclone, or other storm of a similar nature, and the master of a ship shall be deemed to have met with a tropical storm if he has reason to believe that there is such a storm in his vicinity.

25.-(3) If the master of a ship uses or displays or causes or Provisions permits any person under his authority to use or display—

as to signals.

(a) any signal prescribed by His Majesty in Council under the Merchant Shipping Acts, as a signal of distress or urgency except in the circumstances and for the purposes prescribed by the rules made by the Board of Trade under the Merchant Shipping Acts with respect to Distress Signals; or (b) any private signal, whether registered or not, which is liable to be mistaken for any signal so prescribed by His Majesty in Council;

he shall for each offence be liable to a fine not exceeding fifty pounds and shall further be liable to pay compensation for any labour under- taken, risk incurred or loss sustained in consequence of the signal having been supposed to be a signal of distress or urgency, and that compensation may, without prejudice to any other remedy, recovered in the same manner in which salvage is recoverable.

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