671683-1885-Protection-of-Submarime-Telegraph-Cables-Act- — Page 3

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948

A.D. 1885.

Evidence.

THE HONGKONG GOVERNMENT GAZETTE, 7TH NOVEMBER. 1885.

Liability of masters of vessels.

Savings.

Extent of Act.

Definitions.

Commencement

and continuance of Act,

8. (1.) Any document drawn up in pursuance of Article seven or Article ten of the schedule to this Act shall be admissible in any proceeding, civil or criminal, as prima

facie evidence of the facts or matters therein stated.

(2.) If evidence contained in any such document was taken on oath in the presence of the person charged in such evidence, and such person had an opportunity of cross. examining the person giving such evidence and of making his reply to such evidenc, the officer drawing up such document may certify the said facts, or any of them.

(3.) Any document or certificate in this section mentioned purporting to be signe l by an officer authorised to act under the Schedule to this Act for

into effect carrying the Convention, shall be admissible in evidence without proof of such signature, and, i purporting to be signed by any other person, shall, if certified by any such officer t.. have been so signed, be deemed until the contrary is proved to have been signed by such other person.

(4.) If any person forges the signature of any such officer to any snch document as above mentioned, or makes use of any such document knowing the signature thereto to be forged, such person shall be guilty of a misdemeanour and liable on summary conviction to imprisonment for a term not exceeding three months with or without hari labour, and on conviction on indictment to imprisonment with or without hard labour for a terin not excecding two years.

9. Where any offence against this Act has been committed by means of a vessel, or of any beat belonging to a vessel, the master of such vessel shall, until some other person is shown to bave been in charge of and navigating such vessel or boat, be deemed to have been in charge of and navigating the same, and be liable to be punished accor- dingly.

10. The provisions of this Act shall be in addition to and not in derogation of any other provisions existing at common law or under Act of Parliament or under the law of a British possession for the protection of submarine cables; and nothing in this Act shall prevent any person being liable under any Act of Parliament, law of a British possession, or otherwise to any indictment, proceeding, punishment, or penalty other than is provided for any offence by this Act, so that no person shall be punished twice for the same offence; and nothing in this Act, nor any preceedings with respect to any matter, shall excmpt a person from any liability in any action or suit with reference to the same matter so that no person shall be required to pay compensation twice in of the same injury.

respect

11. This Act shall so far as such extension is consistent with the tenor of this Act extend to the whole of Her Majesty's dominions, and to all places within the jurisdiction of the Admiral of England, and to all places where Her Majesty has jurisdiction.

12. In this Act, unless the context otherwise requires,-

The expression "vessel" means every description of vessel used in navigation in whatever way it is propelled; and any reference to a vessel shall include a reference to a boat belonging to such vessel :

The expression "master" includes every person having command or charge

of a vessel:

The expression "British possession" includes any part of Her Majesty's

dominions exclusive of the United Kingdom:

The expression "person" includes a body of persons corporate or unincor-

porate.

13. This Act shall come into force on such day as may be fixed by a notice in that behalf published in the London Gazette, and if the Convention ceases to be binding on Her Majesty, shall cease to be of any effect.

SCHEDULE.

SUBMARINE TELEGRAPHS CONVENTION.

CONVENTION for the preservation of telegraphic communications by means of submarine telegraph. made on the 14th of March 1884, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of Iudia, His Majesty the German Emperor, King of Prussia, His Excellency the President of the Argentine Confederation, His Majesty the Emperor of Austria, King of Bohemia, &e, and Apostolic King of Hungary, His Majesty the King of the Belgians, His Majesty the Emperor of Brazil, His Excellency the President of the Republic of Costa Rica, His Majesty the King of Denmark,

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