687442-1879-Votes-and-Proceedings-Legislative-Council-19th-Nov- — Page 12

736

THE HONGKONG GOVERNMENT GAZETTE, 26TH NOVEMBER,

Restrictious on carriage of dungerens proovis,

İM. 8. A. 1873. SP. 23.)

Penalty fee Indianestriprion of dangerous goods.

hi, sec. 24.)

Power to Tê-

fuse to carry goods suspect - ed of being

rous,

[ [bini, sec, 25.]

Power te

throw over-

board an

gerous goods.

[bid, ser, 20.]

Forfeiture of dung-mals goods im properly sent.

Ibid, men. 27.3

The Court muy proceed in absence of the owners.

likely to be endangered, shall be guilty of a misdemeanor 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 circumstan- ces, 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 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 summary 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 hoard the vessel, he shall, for every such offence, incur a penalty not exceeding five hundred dollars: Provided that if such person show that he was merely an agent in the ship- ment of any such goods as aforesaid, and was not aware and did not suspect and had no reason to suspect that the goods shipped by him were of a dangerous nature, the penalty which he incurs shall not exceed fifty dollars.

2. If any person knowingly sends, or attempts to send by, or carries, or attempts to carry in, any vessel, British or foreign, any dangerous goods, or goods of a dangerous nature, under a false description, or falsely describes the sender or carrier thereof, he shall incur a penalty not exceeding two thousand and five hundred dollars, to be recovered in a summary way before two Stipendiary Magis- trates sitting together.

3. The master or owner of any vessel, British or foreign, may refuse to take on board, any package or parcel which he suspects to contain goods of a dangerous nature, and may require it to be opened to ascertain the fact.

4. Where any dangerous goods as defined in paragraph 1 of this section, or any goods which, in the judgment of the master or owner of the vessel, are of a dangerous nature, have been sent or brought aboard any vessel, British or foreign, without being marked as aforesaid, or without such notice having been given as aforesaid, the master or owner of the vessel may cause such goods to be thrown overboard, together with any package or receptacle in which they are contained; and neither the master nor the owner of the vessel shall, in respect of such throwing overboard, be subject to any liability, civil or criminal, in any Court.

5. Where any dangerous goods have been sent or carried, or attempted to be sent or carried, on board any vessel, British or foreign, without being marked as aforesaid, or without such notice having been given as aforesaid, and where any such goods have been sent or carried, or attempted to be sent or carried, under a false description, or the sender or carrier thereof has been falsely described, it shall be lawful for two Stipendiary Magistrates, sitting together to declare such goods, and any package or receptacle in which they are contained, to be, and they shall thereupon be, forfeited, and when forfeited shall be disposed of as the Court directs.

6. The Court shall have and may excercise the aforesaid powers of forfeiture and disposal, notwithstanding that the owner of the goods has not committed any offence under the provisions of this section relating to dangerous goods, and be not before the Court, and has not notice of the proceed- ings, and notwithstanding that there be no evidence to show to whom the goods belong; nevertheless the Court may, in its discretion, require such notice as it may direct to be given to the owner or shipper of the goods before the same are forfeited.

1879.