688264-1878-Bill-read-first-time-Merchant-Shipping-Punishment-for-Breach-of-Prison-Discipline- — Page 28

THE HONGKONG GOVERNMENT GAZETTE, 4TH MAY, 1878.

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 provision 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 provi- sions, 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 jurisdic- tion of this Government, and to the owners, masters and crews of such ships.

2. Every offence declared by the "Merchant Shipping Acts, 1854 (M.S.A. 1854, to 1876," to be a misdemeanour where jurisdiction is given to the para. 518.) Court in this Colony shall be tried by the Supreme Court in the same manner as other misdemeanours 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 exceeding £100, shall be prosecuted summarily before any Magistrate 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 Ordinace.

3. Where any order, notice, statement, or document requires, Service of for the purpose of any provision of this Ordinance, to be served on order on the master of a ship, the same shall be served where there is no master, &c. master and the ship is in the Colony, on the owner or one of the (M.S.A. 1876, owners of the ship, or if there is no owner, on the agent of the

para. 35.) ship in the Colony, or where no such agent is known or can be found, by affixing 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

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6. Where under this rainance a ship is authorised or ordered Enforcing to be detained, if the ship after such detention or after service on detention of the master of any notice of or order for such detention proceeds to ship. sea before it is released by competent authority, the master of the (M.S.A. 1876, ship, and also the owner or agent, and any person who sends the

para. 34.) ship to sea, if such owner or agent, or person be party or privy to the offence, shall forfeit and pay to Her Majesty a penalty not exceeding five hundred dollars.

7. Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorised to detain the ship, or any Surveyor or officer appointed by the Governor, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or Surveyor being so taken to sea and also a penalty not exceeding five hundred dollars, or, if the offence is not prosecuted in a summary manner, not exceeding fifty dollars for every day until the officer or Surveyor returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken, and such expenses may be recovered in like manner as the penalty.

General

power

8. In addition to the powers hereinbefore given, it shall be lawful for the Governor in Council, from time to time, to make, to the Governor alter and repeal regulations for the better and more effectual in Council carrying out of the provisions of this Ordinance. All such regula- to make tions shall be published in the Gazette, and when so published regulations.

shall have the force of law.

9. In any regulations under this Ordinance, except with reference And to impose to quarantine, it shall be lawful for the Governor in Council to penalties. impose penalties for the breach thereof, but so nevertheless that the penalty for the breach of any such regulations do not exceed two hundred dollars or six months' imprisonment with or without hard labour.

10. Where the Governor has power to make any orders, rules, or Provision as to regulations in Council it shall be lawful for him, from time to time, rules, &c., to make such orders, rules and regulations in Council and to made by revoke, alter, or add to any orders, rules or regulations so made. Governor in

11. All such orders, rules and regulations shall be published in (M.S.A. 1876, the Gazette.

para. 38.)

Council

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