683332-1880-Ordinance-No-8-of-1879-Publishes- — Page 9

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THE HONGKONG GOVERNMENT GAZETTE, 14TH JANUARY, 1880.

8. If any person places an undue weight or pressure on the safety valve of any steam-ship licensed under this section, he shall incur a penalty not exceeding one hundred dollars or imprisonment with or without hard labour for a period not exceeding three months.

9. Every steam-ship, whether licensed or not, of less than fifty tons burden shall, when under way between sunset and sunrise, exhibit a green light on the starboard bow and a red light on the port bow and a bright light at least ten feet above the coloured lights; and every such steam-ship shall, when at anchor between sunset and sunrise, exhibit a bright light at least 10 feet above the gunwales.

10. Any person offending against the provisions of this section, or against any of the regulations in force for the time being under this section shall, where no penalty is spe- cified, incur a penalty not exceeding fifty dollars.

River Steamers.

VIII. It shall be lawful for the Governor in Council to grant a special licence to any River Steamer specifying the number of passengers she may lawfully carry.

2. Such special licence shall continue in force during the period in which the River Steamer holding the same shall be regularly employed in such capacity; but such special licence may be revoked by the Governor in Council upon receiving a declaration in writing from any Government Surveyor that the River Steamer holding the same has be- come unfit to carry the number of passengers authorised by such licence or upon such River Steamer ceasing to be re- gularly employed as such.

3. The Owner or Master of any River Steamer leaving or entering the waters of the Colony with passengers on board in excess of the number authorised by the special licence, shall incur a penalty not exceeding $250, and in addition a penalty not exceeding $5 for every passenger on board in excess of the number authorised by the special licence.

4. No steam-ship not holding a special licence shall, between the waters of the Colony and any port in the Canton River or Macao, carry more than 2 passengers in proportion to every three tous of the registered net tonnage of such steam-ship; and the owner, agent, or master of any such steam-ship leaving or entering the waters of the Colony with passengers on board in excess of such proportion, shall incur a penalty not excceding $250 in addition to a penalty not exceeding $5 for every passenger carried in excess of such proportion.

Unseaworthy Ships.

IX. Where a British or Colonial ship being in any port of the Colony, is by reason of the defective condition of her hull, equipment, or machinery, or by reason of overloading or im- proper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, any such ship (hereinafter referred to as "unsafe") may be provisionally detained for the purpose of being surveyed, and either finally detained or released, as follows:--

(a.) The Governor, if he has reason to believe ou com- plaint, or otherwise, that a British or Colonial ship is unsafe, may provisionally order the detention of such ship for the purpose of being surveyed. (b.) When a ship has been provisionally detained, there shall be forthwith served on the master of the ship a written statement of the grounds of her detention, and the Governor may, if he thinks fit, appoint some competent person or persons to survey the ship and report to him.

(e.) The Governor on receiving the report may either order the ship to be released, or, if in his opinion the ship is unsafe, may order her to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or re- loading of cargo as the Governor thinks necessary for the protection of human life, and may, from time to time, vary or add to any such order. (d.) Before the order for final detention is made, a copy of the report shall be served upon the master of the ship, and within seven days after such service the owner, or agent, or master of the ship may appeal in the proscribed mannor to the Court of Survey constituted under Chapter III, section 13, subsection 10, of this Ordinance.

Steamers to

exhibit lights.

Offences

against regulations,

Licences may be granted to River Steam- era limiting the number

of passengers. Period caring which licences shall be in

force.

Penalty for exceeding limit allowed by licences.

Limit of passengers to be carried by Steam-ships not holding special licences between Hongkong, Canton and Macao.

[M.S.A. 1976,

60. 6.] Power to de tain unsafe ships, and pro- cedure for such deten- tion.

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