614497-1930-Supplementary-Draft-Bill--Pilots — Page 10

Government Gazette 政府憲報 轅門報 All

599

6. Section 6 of this Ordinance is new. It requires all pilots to pass an examination for sight and physical fitness when called on by the Harbour Master and at least once every five years.

7. Section 7 of this Ordinance is based on section 19 of the Pilotage Act, 1913, 2 & 3 Geo. 5, c. 31.

8. Section 8 of this Ordinance is based on section 20 of the Pilotage Act, 1913.

9. Section 9 of this Ordinance is based on section 26 of the Pilotage Act, 1913. The Harbour Master's powers of cancellation and suspension of a pilot's licence are dealt with in Ordinance No. 3 of 1904 by sections 4, 5 (2), 5 (4), 6 and 8.

10. Section 10 of this Ordinance provides for an appeal to the Governor in Council from any authority acting under the Ordinance. This section was suggested by section 27 of the Pilotage Act, 1913. There power in Ordinance No. 3 of 1904.

no such

11. Section 11 of this Ordinance prohibits unlicensed persons from acting as pilots. This part of the section corresponds to the second proviso in section 2 of Ordinance No. 3 of 1904. Sub-section (2) of section 11 provides that the master of a ship shall not knowingly employ an unlicensed pilot. This part of the section is taken from section 30 of the Pilotage Act, 1913.

12. Section 12 of this Ordinance is also taken from section 30 of the Pilotage Act, 1913.

13. Section 13 of this Ordinance is taken from section 33 of the Pilotage Act, 1913.

14. Section 14 is based on section 34 of the Pilotage Act, 1913. There is no corresponding provision in Ordi- nance No. 3 of 1904. The regulations in the Schedule lay down the daily sum payable in the circumstances con- templated by the section.

15. Section 15 of this Ordinance is taken from section 36 of the Pilotage Act, 1913. It corresponds to section 5 (1) of Ordinance No. 3 of 1904.

16. Section 16 of this Ordinance is taken from section 37 of the Pilotage Act, 1913. It corresponds to, but is wider than, section 5 (3) of Ordinance No. 3 of 1904.

17. Section 17 of this Ordinance is based on section 46 of the Pilotage Act, 1913. It corresponds to section 6 of Ordinance No. 3 of 1904. It differs both from the Act and from Ordinance No. 3 of 1904 in two respects. In the first place it applies to acts endangering any person whatsoever and not only to acts endangering persons on board the ship which is being piloted. In the second place it makes the offence a summary one.

18. Section 18 is based on section 47 of the Pilotage Act, 1913. There is no corresponding provision in Ordi- nance No. 3 of 1904. The reference to aiders and abettors in the Act is omitted in reliance of section 37 of the

Magistrates Ordinance, 1890.

19. Section 19 is based on section 48 of the Pilotage Act, 1913. It corresponds to section 5 (4) of Ordinance

No. 3 of 1904.

20. Section 20 is based on section 49 of the Pilotage Act, 1913. The corresponding section in Ordinance No. 3 of 1904 is section 7. Section 20 of this Ordinance gives the Harbour Master power to withhold a clearance from a ship in any case in which the pilotage dues have not been paid. This power does not appear in the Act but it is contained in section 7 of Ordinance No. 3 of 1904.

Page 10Page 11

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.