653395-1891-Bills-The-Arms-Consolidation-The-Merchant-Shipping-Consolidation — Page 25

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676

THE HONGKONG GOVERNMENT GAZETTE, 1ST AUGUST, 1891.

Ships or

houses may be searched for deserters from ships,

(Ibid, sub-s. 8.)

Penalty on

persons har- bouring

deserters from ships.

(Ibid, sub-8. 3.)

Harbour Mas- ter or deputy may require, before grant→ Ing a port clearance

to

a ship, the master thereof to search for suspected de- Berters, and to make declara- tion of such search.

Penalty for not complying with such request. (Ibid, sub-s. 4.)

Offences of foreigu Scaniеu.

(Ibid, sub-s. 5.)

Act of da obedience.

Continued disobedience.

Combining

to disobey,

Expenses by whom payable. (Ibid, sub-3.6.)

(2.) It shall be lawful for any Stipendiary Magistrate, upon complaint of the master of such ship, to the effect that he has reasonable cause to believe that any runaway seaman belonging to the crew of any such ship is harboured, secreted, or concealed, or suspected to be harboured, secreted, or concealed on board any other ship, boat, or other vessel, or in any house or place whatsoever, to issue a warrant directing a constable to search such ship, boat, or other vessel, or such house or place, and such seaman to lodge in any or the nearest Police Station; and every such sen- man shall, with all convenient speed, be brought before a Stipendiary Magistrate, to be dealt with as is hereinbefore directed with respect to seamen apprehended for desertion, absconding, or absence from duty.

(3.) If any person whatsoever shall harbour, conceal, em- ploy, or retain, or assist in harbouring, concealing, employ- ing, or retaining any scaman belonging to the crew of any ship, who shall have deserted therefrom, or otherwise ab- sconded, or absented himself from duty, while such ship or vessel is within the waters of the Colony, knowing such seaman to have deserted, absconded, or absented himself from duty, or shall cause, induce, or persuade or endea- vour to cause, induce, or persuade any such seaman, in any manner whatsoever to violate, or to attempt or endeavour to violate, any agreement which he may have entered into to serve ou board any such ship, or shall knowingly connive at the desertion, absconding, or absence from duty of any such seaman, such person so offending shall, for every such offence, upon conviction thereof before a Stipendiary Ma- gistrate, incur a penalty not exceeding two hundred and fifty dollars, or imprisonment with or without hard labour for any period not exceeding six months.

(4.) The Harbour Master, or his deputy, before granting a port clearance to any ship, may, if he have reasonable grounds for belief that any deserter from a merchant vessel be con- cealed on board of such ship, proceed on board thereof and then and there require her master to institute due and diligent search for such deserter, and further, if he deem it necessary, require the master to make oath or solemn declaration that to the best of his knowledge and belief, after due and dili- gent search, no such deserter is concealed within or about his ship; and any master of a ship refusing or unnecessarily delaying to comply with such requisition, shall incur upon conviction, a penalty not exceeding two hundred dollars, and imprisonment until such fine be paid.

(5.) Whenever any seaman engaged in any ship com- mits any of the following offences within the waters of the Colony, he shall be liable to be punished summarily by a Stipendiary Magistrate as follows, that is to say :-

(a.) For wilful disobedience to any lawful command, he shall be liable to imprisonment for any period not exceeding four weeks, with or without hard labour, and also, at the discretion of the Court, to forfeit, out of his wages, a sum not exceeding two days' pay;

(b.) For continued wilful disobedience to lawful com-' mands, or continued wilful neglect of duty, he, shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour, and also, at the discretion of the Court, to forfeit, for every twenty-four hours' continuance of such disobedience or neglect either a sum not exceeding six days' pay, or any expenses which have been incurred in hiring a substitute;

(c.) For combining with any other or others of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship, or the progress of the voyage, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour: Provided that when there is a Consul, Vice-Consul, or Con- . sular Agent resident at Hongkong of the nation to which the ship belongs, the Court shall not deal with the case unless thereto requested by such officer in writing.

(6.) All expenses incidental to the apprehension, confine- ment, and removal of any seaman, under this section, shall be paid by the master of the ship to which such seaman may belong, and be recoverable from him at the suit of the Captain Superintendent of Police, as a debt due to the Goy- ernment of this Colony; and the subsistence money for every such seaman confined in gaol shall be paid in advance to the Superintendent of the gaol, and in default of such