583507-1940-Defence-Regualtions-1940--Substitution-of-regulation-41-of-the — Page 1

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THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 4, 1940.

No 1106

Hong Kong.

COLONIAL SECRETARY'S DEPARTMENT.

In exercise of the powers conferred upon him by the Emergency Powers (Colonial Defence) Order in Council. 1939, the Emergency Powers (Colonial Defence) Order in Council, 1940, and all other powers enabling him in that behalf, His Excellency the Officer Administering the Govern- ment rescinds regulation 41 of the Defence Regulations. 1940. published in the Gazette Extraordinary of 25th June, 1940- as Government Notification 709, and makes the following regulation in substitution therefor

41.(1) No person lawfully engaged to serve on board any ship to which this regulation applies shall-

(a) neglect er refuse without reasonable cause to join his ship or to proceed to sea in his ship; or

(b) desert or he absent without leave from his ship; or

Desertion from ships.

(c) be absent without leave from his duty at any time. (2) Nothing in paragraph (1) shall be taken to prejudice the provisions of sub-section (5) of section 9 of the Merchant Shipping Ordinance, 1899, relating to forfeiture of effects or Ordinance wages for desertion or absence without leave.

(3) Where an authorized officer has reason to believe that any person has contravened the provisions of paragraph (1), that person may be conveyed on board his ship by or under the direction of that officer.

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authorized

(4) For the purposes of this regulation. officer shall be deemed to include, in addition to the persons mentioned in regulation 4, the master of the ship, any mate of the ship, the person having the management of the ship. any constable, and the Harbour Master and any Deputy or Assistant Harbour Master.

No. 10 of 1899.

(5) In relation to ships to which this regulation applies. paragraphs (3) and (4) shall have effect in substitution for the provisions of paragraphs (a) and (b) of sub-section (1) of section 9 of the Merchant Shipping Ordinance, 1899, in the case of a British ship and a ship belonging to a subject of a foreign country to which section 238 of the Merchant Ship- 57 & 58 Viet. ping Act. 1894, for the time being applies, respectively.

(6) No person lawfully engaged to serve on board any ship to which this regulation applies shall join his ship, or be whilst on board his ship, in a state of drunkenness so that the performance of his duties or the navigation of the ship is thereby impeded.

(7) The ships to which this regulation applies are-

(a) every ship belonging to His Majesty or the Govern- ment of any British possession and every ship, whether British or foreign, chartered or requisitioned by or on behalf of His Majesty or the Government of any British possession; and

(b) every ship in respect of which there is for the time being in force a licence granted in pursuance of an order made under regulation 39.

Published by His Excellency's Command.

.60.

1th October, 1940.

N. L. SMITH,

Colonial Secretary.

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