236312-1937-The-Colonial-Air-Navigation-Application-of-Acts-Order-1937 — Page 6

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 27, 1937.

Provided that nothing in this section shall limit the powers of any authority under sections five hundred and thirty to five hundred and thirty-seven inclusive of the Merchant Shipping Act, 1894, or any enactment (including the Acts) amending those sections.

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(3) If any person contravenes or fails to comply with regulations under this section, he shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment with or without hard labour for a term not exceeding three months.

10. Section 12A.-Any Order in Council, order or regulations made under the Acts in relation to aircraft may provide for the detention of aircraft to secure compliance with the Order in Council, order or regulations, as the case may be, or with any provisions of the Acts in connection with which the Order in Council, order or regulations is or are made, and, in the case of an Order in Council made under Part I of the principal Act, provide for the detention of aircraft to prevent aircraft flying when unfit to fly, and may make such further provision as appears to His Majesty in Council or the Governor, as the case may be, to be necessary or expedient for securing such detention.

11. Section 14.-(1) Any offence under the Acts or under an Order in Council or regulations made thereunder, and any offence whatever committed on a British aircraft, shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender may for the time being be.

(2) The Governor may by regulations make provision as to the courts in which proceedings may be taken for enforcing any claim under the Acts, or any other claim in respect of aircraft, and in particular may provide for conferring jurisdiction in any such proceedings on any court exercising Admiralty jurisdiction and applying to such proceedings any rules of practice or procedure applicable to proceedings in Admiralty.

12. Section 17.-(1) Notwithstanding that an Order in Council made by virtue of the Acts or a regulation so made by the Governor has effect only as part of the law of the Colony, no provision contained in the Order or regulations shall, on the ground that it would have extra-territorial operation, be deemed to be invalid in SO far as

it applies to British aircraft registered in the Colony, wherever they may be, or prohibits, requires or regulates-

(a) the doing of anything by persons in, or any of the personnel of, such British aircraft as aforesaid, wherever they may be, or

(b) the doing of anything in relation to such British aircraft as aforesaid by other persons being British subjects or British protected persons, wherever they may be.

For the purposes of this subsection the personnel of an aircraft shall be deemed to include the commander or other person in charge of the aircraft, and all other members of the crew of the aircraft.

(1A) His Majesty may by Order in Council direct that any of the provisions of the Acts or of any Order in Council or regulations made by virtue of the Acts being a provision which has extra- territorial operation in relation to British aircraft registered in the Colony shall, subject to such exceptions, adaptations and modifications, if any, as may be specified in the Order made under this subsection, have such operation also in relation to British aircraft registered in the United Kingdom or in any other country or territory, other than the Colony, to which any of the provisions of the Acts can be extended under section four of the principal Act.

(2) An Order in Council under the Acts may be revoked or varied by a subsequent Order in Council.

(3) Any Order in Council made under the Acts shall be laid before each House of Parliament forthwith, and, if an Address is presented to His Majesty by either House of Parliament within the next subsequent twenty-one days on which that House has sat next after any such Order is laid before it praying that the Order or any provision thereof may be annulled, His Majesty in Council may annul the Order or provision, and it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder.

(4) Any Order in Council under the Acts may authorise the

• Governor to make regulations for carrying out the purposes of the Order in respect of such matters as may be specified in the Order.

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