THE HONGKONG GOVERNMENT GAZETTE, 7ти NOVEMBER, 1885.
(4.) A person shall not be deemed to have unlawfully and wilfully broken or injured any submarine cable, where in the bonâ fi le attempt to repair another submarine ible injury has been done to such first-mentioned cable, or the same has been brokeu ; but this shall not apply so as to exempt such person from any liability under this Act or otherwise to pay the cost of repairing such breakage or injury.
(5.) Any person who within or (being a subject of Her Majesty) without Her Majesty's dominions in any manner procures, counsels, aids, abets, or is accessory to the commission of any offence under this section, shall be guilty of a misdemeanour, and shall be liable to be tried and punished for the offence as if he had been guilty as
principal.
a
A.D. 1885,
947
Article four of Convention.
4. Article four of the schedule to this Act shall not apply to that part of a cable Limitation of which is laid in a depth of water exceeding one hundred fathoms; but nothing in the Convention or this Act shall take away, prejudice, or affect any right or remedy to which by law any party is or may be entitled otherwise than under the provisions of the Convention or this Act.
5. (1.) It is hereby declared that the enactments of the Merchant Shipping Act, 1862, and the enactments amending the same, touching regulations as to lights and to signals and for the avoiding of collisions, shall extend to authorise regulations for carrying into effect Articles five and six of the schedule to this Act, within as well as without the territorial waters of Her Majesty's dominions, and regulations may be made, applied, altered, and revoked, and the contravention thereof punished accordingly under the said enactments, and section six of the Sea Fisheries Act, 1883, shall extend to the enforcement of the said regulations as regards sea fishing boats within the limits of
that Act.
(2.) If any vessel engaged in the laying or repairing of a submarine cable to which the Convention for the time being applies, interferes contrary to the said regulations or articles with any vessel engaged in fishing, or if the operations of any vessel in connexion with uny such submarine cable are wilfully delayed so as to interfere with sa fishing, the master of the vessel, or the owner thereof, if it appear that he was in fault, shall be deemed guilty of a breach of the sail regulations and may be punished accordingly.
6. (1.) For the purpose of carrying into effect the Convention. a person com- manding a ship of war of Her Majesty or of any foreign state for the time being bound by the Convention, or a ship specially commissioned for the purpose of the Convention by Her Majesty or by the government of such foreign state, may exercise and perform the powers and duties vested in and imposed on such officer by any article in the Schedule to this Act.
(2.) If any person obstructs any such officer in such exercise or performance, or refuses or neglects to comply with any demand or direction lawfully made or given by him in pursuance of this Act, such person shall be liable, on summary conviction. to a fine not exceeding fifty pounds, or to be imprisoned for a term not exceeding two months, with or without hard labour.
(3.) Any action, prosecution, or proceeding against any officer for any act done in pursuance or execution or intended execution of this Act, or in respect of any alleged neglect or default in the execution of this Act, shall not lie or be instituted unless it is commenced within twelve months next after the act, neglect, or default complained of.
(4.) In any such action ten ler of amends before the action was commenced may. in lieu of or in addition to any other plea, be pleaded. If the action was commenced after such tender, or is proceeded with after payment into court of any money in satis- faction of the plaintiff's claim, and the plaintiff does not recover more than the sum tended or paid, he shall not recover any costs incurred after such tender or payment, and the defendants shall be entitled to costs, to be taxel as between solicitor and client, as from the time of such tender or payment.
(5.) Every such action shall be brought in one of Her Majesty's superior courts in the United Kingdom (which, courts shall have jurisdiction to try the same wherever the matter complained of occurred) or in a supreme court in India or in a court exer- cising in a British possession the like authority as the High Court of Justice in England, but in no other court whatsoever.
7. Part X. of the Merchant Shipping Act, 1854 (which relates to legal procedure), and the enactments amending the same, so far as unrepealed, shall have effect as if enacted in this Act, and offences under this Act may be tried, and fines under this Act recovered accordingly, save that nothing in the said part shall authorise the award of any punishment not authorised by this Act, or the sum:nary prosecution of any indict- able offence under this Act.
Application of law
as to lights and signals for
carrying into
effect Articles five and six of
Convention. 25 and 26 Vict. c. 63.
Powers of British and Foreign Officers.
Incorporation of Part X. of 17 and
18 Vict, e. 104,
M
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