653395-1891-Bills-The-Arms-Consolidation-The-Merchant-Shipping-Consolidation — Page 11

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662

THE HONGKONG GOVERNMENT GAZETTE, 1ST AUGUST, 1891.

Surveyors to make returns of the build and other particulars, of steam-ships and owners' and masters

to give information for that purpose. (Ibid, sub-s. 16.)

Harbour Master may refuse clear- ances to ship carrying more passengers than allowed by certificate (İbid, sub-8, 6.)

Penalty on master for taking more passengers than allowod by certificate, and also for leaving with- out a port clearance.

Penalty on

owner, agent, &c., in like case,

Refusal of clearance. (M. S. A. 1851, sec. 318.)

Governer may prohibit

conveyance of deck

passengers.

This section not to apply to ships or vessels which come under

The Chinese l'assengers Act. 1855," &c.

Steam-ships

under 60 tons not to unrry passengers for hire without licence. (Urd, 8 of 1879, sec. 7.)

Licences to ply for hire.

on board the same, and shall cause it to be continued so put up so long as such certificate remains in force and such steam-ship is in use; and in default, such owner, agent, or master shall, for every offence, incur a penalty not exceed- ing fifty dollars.

(16.) The said surveyor or surveyors shall, from time to time, make such returns to the Governor as he requires with respect to the build, dimensions, draught, burden, rate of sailing, room for fuel, and the nature and particulars of machinery and equipments of the steam-ship surveyed by him or them; and every owner, master, and engineer of any such ship shall, on demand, give to such surveyor or sur- veyors all such information and assistance within his power as he or they require for the purpose of such returns; and every such owner, master, or engineer who, ou being applied to for that purpose, wilfully refuses or neglects to give such information or assistance, shall incur a penalty not exceed- ing twenty-five dollars.

Penalties for carrying Passengers in excess of the Numbers allowed by Certificate, or in a certain proportion to tonnage.

6. (1.) The master of any, ship carrying more than twelve passengers shall, upon application to the Harbour Master for a port clearance, state the number of passengers he purposes to carry on the then projected voyage; and if such number shall be in excess of the number mentioned in the passenger certificate, the Harbour Master may refuse a port clearance to such ship. Any master wilfully misre- presenting the number of passengers so about to be carried shall incur a penalty not exceeding two hundred and fifty dollars.

(2.) Any master of any such ship who shall, after having obtained such port clearance, leave the waters of the Colony with any number of passengers greater than that allowed by the said port clearance, shall incur a penalty not exceeding two hundred dollars in addition to a penalty not exceeding five dollars for every such passenger in excess of the number permitted to be carried by the said port clearance; and the master of any such ship proceeding to sea without a port clearance shall incur a penalty not exceeding five hundred dollars.

(3.) When any Muster of any ship shall under the pro- visions of sub-section 2 have become liable to the penalty therein mentioned, the Owner, Agent or Consignee of such vessel shall incur a like penalty unless he proves that such passengers were shipped without his knowledge or consent and that he derived no profit, benefit or advantage from the shipping of the said passengers.

(4.) It shall be lawful for the Harbour Master to refuse a clearance to any ship carrying more than twelve passen- gers unless upon the production of the Passenger Certifi- cate (being a certificate then in force and applicable) and he may detain such ship until such certificate is produced. (5.) It shall be lawful for the Governor in Council to prohibit the conveyance of deck passengers by any ship.

(6.) This section shall not apply to ships or vessels which come within the operation of “The Chinese Passengers Act, 1855," or of any Ordinance made or hereafter to be made in pursuance of the provisions thereof, provided that such ships shall have complied with the requirements of section 5.

Steam-ships under 60 tons.

7. (1.) It shall not be lawful for any steam-ship of less thau sixty tons burden to ply for hire within the waters of the Colony, or to any place outside the waters of the Colony, unless she has obtained a licence as herein- after provided, and in case any such steam-ship shall be so employed as aforesaid without a licence, the owner, master, or person in charge thereof shall incur a penalty not exceed- ing five hundred dollars.

(2.) It shall be lawful for the Harbour Master to grant to any owner of any steam-ship under 60 tons a licence authorizing such steam-ship to ply for hire within the waters of the Colony or between this Colony and other ports, within or outside the "The Local Trade Limits" during such period and subject to the conditions named in the licence and to such Regulations as are for the time being in force under this section: Provided that no such licence shall be granted unless the intended licensee shall enter into a bond together with one or more sureties resident

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