653395-1891-Bills-The-Arms-Consolidation-The-Merchant-Shipping-Consolidation — Page 39

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THE HONGKONG GOVERNMENT GAZETTE, 18T AUGUST, 1891.

Enforcing detention of ship.

M. S. A. 1876, sec. 34.

Taking ofteer Buthorised to detain ship, to sca.

General power to the Govern- or in Council

Lo make

regulations.

Aud to impose penaltics.

Provisions an to rules. &c

inade by

Governor in Council.

IM. S. A. 1976, soc. 381.

Recovery of penalties and expenses.

forgery.

Colony, on the owner or one of the owners of the ship, or if there is no owner, on the agent of the ship in the Colony, or where no such agent is known or can be found, by affixing a copy thereof to the mast of the ship..

(4.) Any such order, notice, statement, or document may be served by delivering a copy thereof personally to the person to be served or by leaving the same at his last place of abode, or in the case of a master by leaving it for him on board the ship with the person being or appearing to be in command of such ship.

(5.) Any person who obstructs the service of any order, notice, statement, or document on the master of a ship shall incur a penalty not exceeding fifty dollars and if the owner, agent, or master of the ship is a party or privy to such obstruction he shall be guilty of a misdemeanor,

(6.) Where under this Ordinance a ship is authorized or ordered to be detained, if the ship after such detention or after service on the master of any notice of or order for such detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner or agent and any person who sends the ship to sea if such owner or agent or person be party or privy to the offence, shall forfeit and pay to Her Majesty a penalty not exceed- ing five hundred dollars.

(7.) Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorized to detain the ship, or any Surveyor or officer appointed by the Governor, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or Surveyor being so taken to sea and also a penalty not exceeding five hundred dollars, or, if the offence is not prosecuted in a summary manner, not exceeding fifty dollars for every day until the officer or Surveyor returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken, and such expenses may be recovered in like manner as the penalty.

(8.) In addition to the powers hereinbefore given, it shall be lawful for the Governor in Council, from time to time, to make, alter and repeal regulations for the better and more effectual carrying out of the provisions of this Ordi-

nance.

(9.) In any regulations under this Ordinance, except with reference to quarantine, it shall be lawful for the Governor in Council to impose penalties for the breach thereof, but so nevertheless that the penalty for the breach of any such regulations do not exceed two hundred dollars or six months' imprisonment with or without hard labour.

(10.) Where the Governor has power to make any orders, rules, or regulations in Council it shall be lawful for him, from time to time, to make such orders, rules and regulations in Conneil and to revoke, alter, or add to any orders, rules or regulations so made.

(11.) All such orders, rules and regulations shall be pu- blished in the Gazette,

(12.) Upon the publication of any such orders, rules or regulations in the Gazette they shall, after the date of such publication, or any later date mentioned in such orders, rules, or regulations, take effect as if they were enacted by the Legislature of this Colony.

(13.) There may be paid out of the Colonial Revenue to any officer or person appointed under this Ordinance or to any member of a Marine Board, Examination Board or Court of Survey or to any Assessor, such remuneration (if any) as this Ordinance directs, or, in so far as this Ordi- nance does not extend, as the Governor from time to time directs.

(14.) There may be paid out of Colonial Revenue all costs and compensation payable by the Governor in pur- suance of this Ordinance.

(15.) All offences against this Ordinance, or any regula- tions made thereunder, except when otherwise provided, may be heard and determined by any Stipendiary Magistrate and all penalties and forfeitures imposed and declared by and expenses recoverable under this Ordinance, or any regulation made thereunder, except when otherwise provided, may be recovered and enforced in a summary way before any Stipendiary Magistrate.

(16.) Whosoever, with intent to defraud, shall forge, or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any certificate, ticket,