672
THE HONGKONG GOVERNMENT GAZETTE, 1ST AUGUST, 1891.
Steam-ships
to carry certificated engineers. (See M. S. A. 1862, sec. 5.)
M. 3. 4. 1881 sec. 285.
M. S. A., 1854, scetien 138.
M. S. A., 1862. section 5.
Ord. 8 of 1879. sec. 16 sub-
Shipping of
seamen.
Payment of fees on en- gagement and discharge of
seamen..
Master hall
give to sexMAT scharged in Colony certifi- cate of dis-
charge, and, if required, an account of
wages. {[bid. sub-s, 6)
As to the discharge of
seamen.
(Ibid sec. b. sub-s. 7.
(4.) Every British steam-ship of one hundred nominal horse power or upwards, leaving the waters of the Colony shall have as its first and second engineers, two certificated engineers, the first possessing a "first class engineer's certificate," and the second possessing a "second class engineer's certificate," or a certificate of the higher grade, and every British steam-ship, of less than one hundred nominal horse power shall have as its only or first engineer, an engineer possessing a second class engineer's certificate" or a certificate of the higher grade.
(5.) The master of any British or Colonial ship leaving the waters of the Colony without having on board such mates or engineers possessing the certificates required by sub-sec- tions 3 and 4 of this section shall incur a penalty not ex- ceeding five hundred dollars and it shall be lawful for the Harbour Master to refuse a Port clearance to any British or Colonial or to any Foreign ship holding a passenger cer- tificate under section 5 of this Ordinance in case of non- compliance with the provisions of the two last preceding sub-sections, and the master of any such ship to which a clearance has been refused proceeding to sea without a clearance shall be liable to a penalty not exceeding $500.
(6.) In any proceeding in a Court of Justice against any person for a breach of the provisions of this Ordinance all entries in the official log and the articles of agreement shall be received in evidence subject to all just exceptions.
(7.) Every person who having been engaged in any of the capacities mentioned in sub-sections 2 and 3 in any such ship as aforesaid goes to sea in that capacitywithout being at the time entitled to, and possessed of such certificate as is required by this section, and every person who employs any person in any of the above capacities in such ship with- out ascertaining that he is at the time entitled to, or pos- sessed of such certificate as is required by this section, shall, for each such offence, incur a penalty not exceeding two hundred and fifty dollars.
(8.) No seaman shall, except with the sanction of the Harbour Master, be shipped to do duty on board a British ship, or any foreign ship whose flag is not represented by a Consular Officer resident in the Colony, elsewhere than at the Mercantile Marine Office and the Superintendent shall require such seaman to lodge with him his certificate of discharge from the last ship, and failing the production of such certificate, such seaman shall be bound to give satis-. factory explanation to the Harbour Master of the cause of the non-production thereof.
Such fees not exceeding the sums specified in table I. in the Schedule hereto, as are from time to time fixed by the Governor in Council shall be payable upon all engage- ments and discharges and the Superintendent shall cause a scale of such fees to be prepared and to be conspicuously placed in the Mercantile Marine Office and the Super- intendent may refuse to proceed with any engagement or discharge unless the fees payable thereon are first paid.
(9.) Every Owner or Master of a ship engaging or dis- charging any scamen or seaman at the Mercantile Marine Office shall pay to the Superintendent the whole of the fees hereby made payable in respect of such engagement or discharge, and may, for the purpose of in part reimbursing" himself, deduct in respect of each such engagement or discharge from the wages of all persons (except apprentices) so engaged or discharged and retain any sums not ex- ceeding the sums specified in that behalf in the table marked J. in the Schedule bereto: Provided that, if in any cases the stuns which the owner is so entitled to de- duct exceed the amount of the fce payable by him such excess shall be paid by him to the Superintendent in addition to such fee.
(10.) Whenever any seaman shall be discharged at the Mercantile Marine Office from any ship within the Colony, the master of such ship shall give at the time of such dis- charge to such seaman a written certificate of discharge, specifying the time and nature of service, and the time of discharge of such seaman, signed by himself; and if such seaman require it, shall further give him, within twenty- four hours after demand, a true account in writing of the wages of such seaman, and of all deductions therefrom.
(11.) No seaman shall be discharged from a British ship, or any foreign ship whose flag is not represented by a Coù- sular Officer resident in the Colony, elsewhere than at the Mercantile Marine Office, and every scaman discharged from a foreign ship so represented, shall, within twenty-
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