227401-1936-Whaling-Industry-Regulation-Act-Newfound-land-Colonies-Protectorates-and-Mandated-Territories-Order-1936 — Page 2

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THE HONG KONG GOVERNMENT GAZETTE, AUGUST 28, 1936.

(b) a British protected state,

if there is in force, as respects those coastal waters, a provision of the local law which appears to His Majesty substantially to correspond with the aforesaid provision of the Act:

And whereas it is expedient that the provisions of the Act should extend to Newfoundland and the territories men- tioned in the First Schedule to this Order, subject to the exceptions, adaptations and modifications specified in this Order:

And whereas it is expedient that the provisions of the Act which are expressed to apply only to British ships should apply to other ships registered in or licensed under the law of any territory mentioned in the First Schedule to this Order :

And whereas it appears to His Majesty that in respect of the coastal waters of the territories mentioned in the Second Schedule to this Order there are provisions of the local law substantially corresponding with the provisions of Sections 3 and 4 of the Act:

And whereas it is expedient that the said Sections of the Act should not apply in relation to anything done within the coastal waters of the territories mentioned in the said Second Schedule:

Now therefore, His Majesty, by and with the advice of His Privy Council, is pleased to direct, and it is hereby directed as follows:-

1. The provisions of the Act (except Sections 9 (2) and 15, and except in so far as the Act requires, authorises, pro- hibits, or restricts the doing of anything in the United Kingdom or in the coastal waters thereof) shall extend to Newfoundland and the territories mentioned in the First Schedule to this Order, subject to the following adaptations and modifications, that is to say :-

(a) For the words "Summary Jurisdiction Acts” in Section 10 (2) of the Act there shall be substituted the words "law relating to summary jurisdiction";

(b) In the proviso to Section 10 (2) for the words "those Acts" there shall be substituted the words "that law"; and for the words "United Kingdom" there shall be substituted "Newfoundland" or the name of the territory as the case may be;

(c) The provisions of the Act shall not apply to aborigines dwelling on the coasts of any of the territories mentioned in the First Schedule to this Order provided that—

(1) they only use canoes, pirogues or other exclusively native craft propelled by oars or sails;

(2) they do not carry firearms;

(3) they are not in the employment of persons other than aborigines;

(4) they are not under contract to deliver the products of their whaling to any third person.

2. The provisions of the Act which are expressed to apply only to British ships shall apply to other ships registered in or licensed under the law of any territory mentioned in the First Schedule to this Order.

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