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THE HONGKONG GOVERNMENT GAZETTE, 4TH MAY, 1878.
(M.S.A. 1876, para. 11.)
Provided that where the complaint is made by one-fourth, being not less than three, of the seamen belonging to the ship, and is not, in the opinion of the Governor, frivolous or vexatious, such security shall not be required, and the Governor shall, if the com- plaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained under this Ordinance.
4. An order for the detention of a ship provisional or final and an order varying the same, shall be served as soon as may be on Supplementary the master of the ship. provisions as to
detention of ships.
foreign ships of
(a.) When a ship has been detained under this Ordinance, she shall not be released by reason of her British register being subsequently closed.
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(b.) For the purposes of a survey under this Ordinance, any person authorised to make the same may go on board the ship and inspect the same and every part thereof, and the machinery, equipments and cargo, and may re- quire the unloading or removal of any cargo, ballast, or tackle. (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 Surveyof, who, under this Ordinance, has the same powers as an Inspector has authority to survey a ship.
Foreign Ships, Overloading.
(M.S.A. 1876, X. Where a foreign ship has taken on board all or any part of para. 13.) her cargo at a port in the Colony, and is whilst at that port unsafe Application to by reason of overloading or improper loading, the provisions of provisions as to this Ordinance with respect to the detention of ships shall apply detention. to that foreign ship as if she were a British ship, with the follow-
ing modifications:-
misdemeanor.
(a.) A copy of the order for the provisional detention of the ship shall be forthwith served on the Consular 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 ma of the ship, may require that the person appoint- Governor to survey the ship shall be accom-
person as the Consular Officer may select if the Surveyor and such person agr
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released a ungly, but die, er, the Governor may act as if the requisition had not been made, and the owner or agent and master shall have the appeal 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, on the request of such owner or master, may nominate any competent person 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.
Sending XI. Every person who sends or attempts to send, or is a party unseaworthy to sending or attempting to send a British ship to sea in such ship to sea a unseaworthy state that the life of any person is likely to be en- (M. S. A. dangered, shall be guilty of a misdemeanor unless he proves 1871, sec. 11.) 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 unsea- worthy state was, under the circumstances, reasonable and justi- fiable, 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 proof, he may give evidence in the same manner as any otpuch "ness.
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3. A prosecutioer his section shall not ba
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with the consent.
n under 4. A misdeme of the Gove.
upon summ?
stituted except
anor under this section shall not be punishable ry conviction.
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