683332-1880-Ordinance-No-8-of-1879-Publishes- — Page 11

THE HONGKONG GOVERNMENT GAZETTE, 14TH JANUARY, 1880.

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(c.) The provisions of the Merchant Shipping Act, 1854," with respect to persons who wilfully impede an Inspector, shall apply as if those provisions were herein enacted, with the substitution for the Inspector of any member of the Court of Survey, Assessor, or Surveyor, who, under this Ordinance, has the same powers as an Inspector or has authority to survey a ship.

Foreign Ships, Overlouding.

X. Where a foreign ship has taken on board all or any part of her cargo at a port in the Colony, and is whilst at that port unsafe by reason of overloading or improper load- ing, the provisions of this Ordinance with respect to the detention of ships shall apply to that foreign ship as if she were a British ship, with the following modifications:-

(a.) A copy of the order for the provisional detention of the ship shall be forthwith served on the Con- sular Officer for the State to which the ship belongs. (b.) Where a ship has been provisionally detained, the Consular Officer, on the request of the owner, or agent, or master of the ship, may require that the person appointed by the Governor to survey the ship shall be accompanied by such person as the Consular Officer may select, and in such case, if the Surveyor and such person agree, the Governor shall cause the ship to be detained or released ac- cordingly, but if they differ, the Governor may act as if the requisition had not been made, and the owner, or agent, and master shall have the ap- peal to the Court of Survey touching the report of the Surveyor which is before provided by this Ordinance; and

(c.) Where the owner, or agent, or master of the ship appeals to the Court of Survey, the Consular Officer, ou the request of such owner or master, may nominate any competent persou or persons to be a member or members of the Court of Survey, not exceeding two.

In this Section the expression "Consular Officer" means any Consul-General, Vice-Consul, Consular Agent, or other Officer recognised by the Governor as a Consular Officer of a foreign State.

Sending Unseaworthy Ships to Sea.

XI. Every person who sends or attempts to send, or is a party to sending or attempting to send a British or Colonial ship to sea in such unseaworthy state that the life of any person is likely to be cudangered, shall be guilty of a mis- demeanor unless he proves that he used all reasonable means to ensure her being sent to sea in a seaworthy state, or that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable, and for the purpose of giving such proof, he may give evidence in the same manner as any other witness.

2. Every master of a British or Colonial ship who knowingly takes the same to sea in such unseaworthy state that the life of any person is likely to be thereby endangered, shall be guilty of a misdemeanor, unless he proves that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable, and for the purpose of giving such proof, he may give evidence in the same manner as any other witness.

3. A prosecution under this section shall not be instituted except with the consent of the Governor.

4. A misdemeanor under this section shall not be punish- able upon suminary conviction.

Dangerous Goods.

XII. If any person sends or attempts to send by, or not being master or owner of the vessel, carries or attempts to carry in any vessel, British or foreign, any dangerous goods, that is to say:-aquafortis, vitriol, naphtha, benzine, gun- powder, lucifer matches, nitro-glycerine, petroleum, or any other goods of a dangerous nature, without distinctly marking their nature on the outside of the package containing the same,

and giving written notice of the nature of such goods and of the name and address of the sender or carrier thereof to the master or owner of the vessel at or before the time of sending the same to be shipped, or taking the same on board the vessel, he shall, for every sneh offence, incur a 'penalty not execeding five hundred dollars: Provided that if

IM.S.A. 1976, sec. 13.3 Application to foreign ships

of provisions se to detention.

Sending

unseawor ship to se misleme [M.S.A. 18 scc. 4.7

Restrictions

on carriage of dangerous goede.

[M. S. A. 1873, Sec. 23.j

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