THE HONG KONG GOVERNMENT GAZETTE, JUNE 4, 1937.
(9) For the purpose of any enactment which defines a passenger steamer by reference to the number of passengers carried, an observing officer carried in any ship, whether British or foreign, in pursuance of this Act or the observation agreement shall not be deemed to be a passenger.
naval
2.-(1) An officer of a ship of war which fulfils the Powers of conditions hereafter specified in this section may exercise officers of the following powers as respects ships to which the Act of certain 1936 applies while they are within waters adjacent to Spanish territory, that is to say-
(a) he may go on board the ship and for that purpose may require the ship to stop;
(b) he may require the master to produce the certificate of registry of the ship and the clearance of the ship from its last port of call;
(c) he may require the master to state whether any observing officers are on board the ship, and to allow him to interview any such officers stated by the master to be on board.
(2) The conditions which a ship of war must fulfil in order to entitle an officer thereof to exercise the foregoing powers shall be as follows :-
(a) the ship must be a ship of war of one of such Powers as may be declared, by an order for the time being in force under this section, to have been entrusted under the observation agreement with observation duties in the waters aljacent to Spanish territory;
(b) the ship must be in such of the said waters as may be so declared to have been placed under the observation of the Power to which the ship belongs;
(c) the ship must be displaying such signals as may be so declared to be required by the said agreement to be displayed by ships of war engaged in the said duties.
(3) Any order under this section shall be made by the Secretary of State, and may be revoked or varied by a subsequent order made by the Secretary of State.
(4) The powers conferred by subsection (1) of this section, if and so far as they are conferred on officers of His Majesty's ships of war, shall be in addition to and not in derogation of any other powers conferred upon them by any enactment, and may be exercised as respects any ship of a country the Government of which is a party to the observation agreement as well as respects ships to which the Act of 1936 applies.
(5) If any ship to which the Act of 1936 applies, being duly required under this section to stop, fails to comply with that requirement, the master of the ship shall be guilty of a misdemeanour, and if the master of any such ship fails to produce any document or make any statement which he is duly required to produce or make under this section, or if any person on board any such ship obstructs any officer in the exercise of his powers under this section, he shall be liable to a fine not exceeding one hundred pounds.
countries.
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