THE HONGKONG GOVERNMENT GAZETTE, IST AUGUST, 1891.
or obliterate any of the said marks except in the event of the particulars thereby denoted being lawfully altered or except for the purpose of escaping capture by an enemy shall for each offence incur a penalty not exceeding five hundred dollars.
If any of the marks required by this section is in any respect inaccurate so as to be likely to mislead the owner or master of the ship shall incur a penalty not exceeding five hundred dollars.
(5.) Where the Board of Trade certify that the laws and regulations for the time being in force in any foreign State with respect to overloading and improper loading are equally effective with the provisions of the Merchant Ship- ping Acts with respect thereto, it shall be lawful for the “Governor in Council to direct that, on proof of a ship of that State having complied with those laws and regulations, she shall not, when in the waters of the Colony be liable to detention for non-compliance with the said provisions of the Merchant Shipping Acts, nor shall there arise any liability to any penalty which would otherwise arise for non-compliance with those provisions.
Provided that this sub-section shall not apply in the case of ships of any foreign country in which it appears to the Governor in Council that corresponding provisions are not extended to British ships.
Grain Cargoes.
41. No cargo of which more than one third consists of any kind of grain, corn, rice, paddy, pulse, seeds, nuts, or nut kernels, hereinafter referred to as grain cargo shall be carried on board any ship, unless such grain cargo be con- tained in bags, sacks or barrels or secured from shifting by boards, bulkheads or otherwise.
If the master or owner of any such ship or any agent of such, who is charged with the loading of the ship or the sending her to sea, knowingly allows any grain cargo or part of a grain cargo to be shipped therein for carriage, he shall, for every such offence, incur a penalty not exceeding fifteen hundred dollars to be recovered sum- marily before a Stipendiary Magistrate.
The penalty provided by The Merchant Shipping (car- riage of grain) Act, 1890, section 3, for omitting to take the precantions required by that section in respect of grain cargo laden on British ship may likewise be recovered upon summary conviction before any Stipendiary Magistrate.
Generat.
42. (1.) So much of the various provisions of the third part of the "Merchant Shipping Act, 1854, and other Acts amending the saine not being inconsistent with the provi- sions of this Ordinance and now in force in England, as relates to rights to wages and remedies for the recovery thereof; to leaving seamen abroad; to the provisions, health and accommodation of seamen; to the power of sea- men to make complaints; to the protection of seamen from imposition; to discipline; and to crimes committed abroad, shall apply mutatis mutandis, and so far as the same cau be extended, to all ships registered in this Colony when such ships are within the jurisdiction of this Government and to the owners, masters and crews of such ships.
(2.) Every offence declared by the "Merchant Shipping Acts, 1854 to 1890," to be a misdemeanor may if tried in this Colony be tried by the Supreme Court in the same manner as other misdemeanors are tried, and every offence thereby made punishable by imprisonment for any period not exceeding six months with or without hard labour or by any penalty not exceeding £100 except as hereinbefore provided, may be prosecuted summarily before any Stipendiary Magistrate or any two Justices of the Peace in like manner as other offences of like character committed in the Colony may be punished summarily, and any person convicted summarily shall have the like right of appeal as if the offence with which he is charged had been tried under any local Ordinance.
(3.) Where any order, notice, statement, or document requires, for the purpose of any provision of this Ordinance, to be served on the master of a ship, the saine shall be served where there is no master and the ship is in the
(M. S. A. 1876, 5. 29.)
Carriage af grain.
(39 and 40 Vict. c. 50
sec. 2.)
Application of certain parts of Merchant Shipping Acts.
Trial in tuis Colony offences under Merchant Shipping Acts 1854 tu 1890.
Fervice of order on master. &c.
689
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