687505-1879-Merchant-Shipping-Consolidation-Bill-Published- — Page 30

THE HONGKONG GOVERNMENT GAZETTE, 3RD DECEMBER, 1879.

Deck and Load Lines.

XL. All ships registered in the Colony shall be marked with deck and load lines as is provided in the "Merchant Shipping Act, 1876." When a ship registered in the Co- lony has been marked as by this section required, she shall be kept so marked until her next return to a port of dis- charge in the Colony.

2. The owner, or agent, or master of every British ship shall, before clearing his ship outwards from any port in the Colony, mark the load line required by section 26 of the "Merchant Shipping Act, 1876."

3. The owner, agent or master shall also, upon so clear- ing her, deliver to the Harbour Master a statement in writ- ing of the distance in feet and inches between the centre of the disc and the upper edge of each of the lines indi- cating the position of the ship's decks which is above that centre. If default is made in delivering this statement in the case of any such ship, the Harbour Master may refuse to clear the ship

Grain Cargoes.

XLI. The penalty provided by section 22 of the "Mer- chant Shipping Act, 1876," for knowingly allowing any grain cargo or part of a grain cargo to be shipped on any British ship contrary to the provisions of the said section may be recovered upon summary conviction before any Stipendiary Magistrate.

PART IV.

General,

XLII. So much of the various provisions of the third part of the "Merchant Shipping Act, 1854," and other Acts amending the same not being inconsistent with the provisions of this Ordinance and now in force in England, as relates to rights to wages and remedies for the recovery thereof; to leaving seamen abroad; to the provisions, health and accommodation of seamen; to the power of seamen to make complaints; to the protection of seamen from imposition; to discipline; and to crimes committed abroad, shall apply mutatis mutandis, and so far as the same can be extended, to all ships registered in this Colony when such ships are within the jurisdiction of this Government, and to the owners, masters and crews of such ships.

2. Every offence declared by the "Merchant Shipping Acts, 1854 to 1876," to be a misdemeanor where jurisdic- tion is given to the Court in this Colony shall be tried by the Supreme Court in the same manner as other misdemea- nors are tried, and every offence thereby made punishable - by imprisonment for any period not exceeding six months with or without hard labour or by any penalty not exceed- ing £100, shall be prosecuted summarily before any Magis- trate or any two Justices of the Peace in like manner as other offences of like character committed in the Colony may be punished summarily, and any person convicted summarily shall have the like right of appeal as if the.. offence with which he is charged had been tried under any local Ordinance.

3. Where any order, notice, statement, or document re- quires, for the purpose of any provision of this Ordinance, to be served on the master of a ship, the same shall be served where there is no master and the ship is in the Colony, on the owner or one of the owners of the ship, or if there is no owner, on the agent of the ship in the Colony, or where no such agent is known or can be found, by affix- ing a copy thereof to the mast of the ship.

4. Any such order, notice, statement, or document may be served by delivering a copy thereof personally to the person to be served or by leaving the same at his last place of abode, or in the case of a master by leaving it for him on board the ship with the person being or appearing to be in command of such ship.

5. Any person who obstructs the service of any order, notice, statement, or document on the master of a ship shall incur a penalty not exceeding fifty dollars and if the owner, agent, or master of the ship is a party or privy to such obstruction he shall be guilty of a misdemeanor.

6. Where under this Ordinance a ship is authorised or ordered to be detained, if the ship after such detention or after service on the master of any notice of or order for such detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner or agent, and any person who sends the ship to sea, if such

Ships to be marked with deck and load Kincs.

(M.S.A. 1876, sections 25, 26.)

(M. S. A. 1854, para. 518.)

Service of order on master, &c. [M. S. A. 1876, para. 35.]

Enforcing detention of ship. [M. S. A. 1876, para. 34.]

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