654343-1891-Ordinances-25-and-26-of-1891-Assented-to — Page 39

1144 THE HONGKONG GOVT GAZETTE EXTRAORDINARY, 9TH DEC., 1891.-

Punishment for drowning passengers in overcrowded bouts. (No. 8 of 1879, s. 39, sub-6 2.)

(e.) For the regulation and management of all boats,

sampans, or other vessels, used as dwelling places within the waters of the Colony and not plying for hire;

(f) For the registration or licensing of such last mentioned vessels and of the people dwelling in the same.

Provided that unless and until such regulations are made, rescinded or varied the regulations in table U of the schedule to this Ordinance and the forms therein contained shall apply and be used.

2. In case any greater number of persons or passen- gers shall be taken or carried in any boat or vessel afore- said within the waters of the Colony, than are respectively allowed to be carried therein by the regulations in Table A or by any regulations hereafter made by the Governor in Council, and any one or more of such persons or passengers shall be drowned in consequence thereof, every person who shall be in charge of such boat, or vessel, shall be guilty of a misdemeanor, and may be punished therefore without prejudice to any civil remedy.

Ships to he

marked with deck and lon lines.

(Ibid. sec. 40.)

(Ibid. sub-s. 2.)

[53 v. c. 9.) ([bit, sub-3.3.)

Penalty in case of

British ship neglecting to mark.

[53 V. c. 9, s. 1.]

PART IV.

Deck and Load Lines.

40. (1.) All ships registered in the Colony shall be marked with deck and load lines, as is provided in the Merchant Shipping Acts, 1876 and 1890. When a ship registered in the Colony has been marked as by this section required, she shall be kept so marked until her next return to a port of discharge in the Colony.

(2.) The owner, or agent, or master of every British ship shall, before clearing his ship outwards from any port in the Colony, mark the load line required by section 26 of the Merchant Shipping Act, 1876, as amended by section 1 of Merchant Shipping Act, 1890.

(3.) The owner, agent or master shall also, upon so clearing her, deliver to the Harbour Master a statement in writing of the distance in feet and inches between the centre of the disc and the upper edge of each of the lines indicating the position of the ship's decks which is above that centre. If default is made in delivering this statement in the case of any such ship, the Harbour Master may refuse to clear the ship.

(4.) Any owner or master of a British ship being within the waters of this Colony who neglects to cause such ship to be marked as required by this section or to keep her so marked or who allows such ship to be so loaded as to submerge in salt water the centre of the disc and any person who conceals removes alters defaces or obliterates or suffers any person under his control to conceal remove alter deface 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 be liable to a penalty not exceeding five hundred dollars.

If

any of the marks required by this section are in any respect inaccurate so as to be likely to mislead the owner or master of the ship shall be liable to 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 Aets, 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.