477531-1938-Merchant-Shipping-Load-Line-Convention-Hong-Kong-No-1-Order-1938 — Page 6

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THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1938.

certificate, and if he fails to do so, he shall for each offence he liable to a fine not exceeding twenty pounds.

(2) In the case of a British load line ship registered in Hong Kong, being a ship engaged on an international voyage, a Deputy Shipping Master shall not proceed with the engagement of the crew until-

(a) there is produced to him a load line certificate for the time being in force in respect of the ship; and

(b) he is satisfied that the particulars required by this section have been inserted in the agreement with the crew.

Special Provisions as to Load Line Convention Ships not registered

in Hong Kong.

52.-(1) The Governor may, at the request of the Government Load line

certificates of a country to which the Load Line Convention applies, issue a of Conven- Load Line Convention certificate in respect of an international load tion ships line ship of that country if he is satisfied in like manner as in the not register- case of a British ship registered in Hong Kong that he can properly ed in Hong issue the certificate, and where a certificate is issued at such a Kong. request, it shall contain a statement that it has been so issued.

53.—(1) A Government ship surveyor or engineer surveyor may Inspection go on board any Load Line Convention ship not registered in Hong and control Kong, when within any port in Hong Kong, for the purpose of de- of Conven-

tion ships manding the production of any load line certificate for the time being not register- in force in respect of the ship.

ed in Hong Kong.

(2) If a valid Load Line Convention certificate is produced to the surveyor on any such demand, the surveyor's powers of inspect- ing the ship with respect to load line shall be limited to seeing-

(a) that the ship is not loaded beyond the limits allowed by the certificate;

(b) that the position of the load lines on the ship corresponds with the position specified in the certificate;

(c) that no material alterations have taken place in the hull or superstructures of the ship which affect the position of the load lines;

(d) that the fittings and appliances for the protection of open- ings, the guard rails, the freeing ports and the means of access to the crew's quarters have been maintained on the ship in as effective a condition as they were in when the certificate was issued.

(3) If it is found on any such inspection that the ship is loaded beyond the limits allowed by the certificate, the ship may be detained and proceedings may be taken against the master, owner, agent, charterer, or compradore thereof under the provisions hereafter contained in this Part of this Act relating to the submersion of load lines on ships not registered in Hong Kong.

(4) If it is found on any such inspection that the load lines on the ship are not in the position specified in the certificate, the ship may be detained until the matter has been rectified to the satisfaction of the surveyor.

(5) If it is found on any such inspection that the ship has been so materially altered in respect of the matters referred to in paragraphs (c) and (d) of subsection (2) of this section that the ship is manifestly unfit to proceed to sea without danger to human life, the ship shall be deemed to be unsafe for the purpose of subsection (5) of section seventeen of the Merchant Shipping Ordinance, 1899 (in the case of a British ship) or for the purpose of section eighteen of that Ordinance (in the case of a foreign ship):

Provided that where the ship has been detained under either of the last-mentioned sections, the Governor shall order the ship to be released as soon as he is satisfied that the ship is fit to proceed to sea without danger to human life.

(6) If a valid Load Line Convention certificate is not produced to the surveyor on such demand as aforesaid, the surveyor shall have the same power of inspecting the ship, for the purpose of seeing that the provisions of this Part of this Act have been complied with, as if the ship were a British ship registered in Hong Kong.

7.95

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