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THE HONGKONG GOVERNMENT GAZETTE, 1ST AUGUST, 1891.
the same shall not extend, according to the regulations contained in Table F in the schedule hereunto annexed.
(2.) Such special licence shall continue in force during the period in which the River Steamer holding the same shall be regularly employed in such capacity; but such special licence may be revoked by the Governor in Council upon receiving a declaration in writing from any Govern- ment surveyor that the River Steamer holding the same has become unfit to carry the number of passengers author- ized by such licence or upon such River Steamer ceasing to be regularly employed as such.
(3.) The owner or master of any River Steamer leaving or entering the waters of the Colony with passengers on board in excess of the number authorized by the special licence shall incur a penalty not exceeding two hundred and fifty dollars, and in addition a penalty not exceeding five dollars for every passenger on board in excess of the number authorized by the special licence.
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(4.) No steam-ship not holding a special licence shall, between the waters of the Colony and any port in the Can- ton River or Macao, carry more than two passengers in portion to every three tons of the registered net tonnage of such steam-ship; and the owner, agent, or master of any such steam-ship leaving or entering the waters of the Colony with passengers on board in excess of such proportion, shall incur a penalty not exceeding two hundred and fifty dollars in addition to a penalty not exceeding five dollars for every passenger carried in excess of such proportion.
Unseaworthy Ships.
9. (1.) Where a British or Colonial ship being in any port of the Colony is by reason of the defective condition of her hull, equipment, or machinery, or by reason of over- loading or improper loading, unfit to proceed to sea with- out serious danger to human life, having regard to the nature of the service for which she is intended, any such ship (hereinafter referred to as "unsafe") may be pro- visionally detained and either finally detained or released, as follows:-
(a.) The Governor, if he has reason to believe on complaint, or otherwise, that a British or Co- lonial ship is unsafe, may provisionally order the detention of such ship.
(b.) When a ship has been provisionally detained, there shall be forthwith served on the master of the ship a written statement of the grounds of her detention, and the Governor may, if he thinks fit, appoint some competent person or persons to survey the ship and report to him. (c.) The Governor on receiving the report may either order the ship to be released, or, if in his opinion the ship is unsafe, may order her to be finally detained, either absolutely or until the per- formance of such conditions with respect to the execution of repairs or alterations, or the un- loading or reloading of cargo as the Governor thinks necessary for the protection of human life, and may, from time to time, vary or add to any such order.
(d.) Before the order for final detention is made, a copy of the report shall be served upon the master of the ship, and within seven days after such service the owner, or agent, or master of the ship, may appeal in the prescribed manner to the Court of Survey constituted under chapter 3, section 13, sub-section 10, of this Ordinance. (c.) Where a ship has been provisionally detained, the owner, or agent, or master of the ship, at any time before the person appointed under this section to survey the ship makes such survey, may require that he shall be accompanied by sich person of nautical, engineering, or other special skill and experience to be approved by the Governor as the owner, or agent, or master may select, and in such case, if the Surveyor and Assessor agree, the Governor shall cause the ship to be detained or released accordingly, but if they differ, the Governor may act as if the requisition had not been made, and the owner, or agent, and master shall have the like appeal touching the report of the surveyor as is before provided by this section.
Period during which licances shall be in force.
(Ibid, sub-8. 9.)
Penalty for exceeding limit allowed by licences. (Thid, sub-s. 3.)
Limit of passengers to be carried by *teau-ships not holding
hetween Hongkong, Canton and Macao. (Thil, sub-s. 4.)
Power to detain unsafe ships, and procedure for such deten- tion.
(M.S. A. 1876, sec. 6. Ibid, rec. 9.)
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