THE HONGKONG GOVERNMENT GAZETTE, 18TH JULY, 1874.
PART H.
By chapter I of this part, the regulations which by Ordinance No. 1 of 1862, were confined to a certain portion of the Colonial waters there defined as the "harbour," are now extended to the whole of those waters. Much inconvenience has been felt on more than one occasion from vessels anchoring in Colonial waters outside the prescribed limits, and thus while taking ad- vantage of the port, keeping free of its necessary regulations. On the other hand, no advantage has arisen from confining the operation of regulations to a portion of the Colonial waters, which, beyond doubt, under the circumstances of this Colony, are equally applicable, to the whole. Section XXIII of that Ordinance has, therefore, been omitted, and the words "waters of the Colony" substituted for the word "harbour" throughout the chapter. An interpretation of the term "waters of the Colony" has, to prevent doubts arising on the point, been inserted in the preliminary portion of the Ordinance.
Sections XXIV and XXVI of the same Ordinance (No. 1 of 1862) are also omitted as the powers therein specially conferred, are to all intents and purposes contained in paragraplis 3 and 4 of section XXII of the proposed enactment. The Governor pos- sesses the authority purporting to be conferred by section XXV of No. 1 of 1862, independent of the legislature, and that is, therefore, likewise repealed.
Paragraph 3 of section XXIII is new. Situated as this Colony is, the prevalence of small-pox, or other virulent con- tagious, or infectious disorder at a neighbouring port, is a matter very material to be known, and it is felt to be one of too much importance to be left to the discretion of ship masters to report
or not.
Paragraph 4 of section XXV is also new. Its necessity arises from the great increase in the use of steam-launches in these waters, a class of vessels which at present is subject to no kind of regulation.
Section XXVII confers powers on the Harbour Master which he does not now possess. Their utility is obvious. The same observations apply to section XXVIII.
PART III.
Chapter II of this part purposes to place in the hands of the Governor in Council the licensing and management of all the small craft plying in the Colonial waters for hire and of all that numerous class of boats used by the Chinese as residences, by means of regulations. At present, the licensing of sampans and of cargo boats is regulated by section XVI of Ordinance No. 8 of 1858, and of cargo boatmen by Ordinance No. 15 of 1860. Vessels used as residences are not under regulation at all. The convenience of the public will, it is thought, he better met by entrusting the making of tules for the control of all craft of this class to the Executive than by embodying the rules for their government in an Ordinance. As such regulations must of necessity mainly consist of mere matters of detail, it is of importance that they should more readily admit of alteration or amendment than is possible when they form the subject of legislative enactment.
PART IV.
By section XXXVIII all offences againt the provisions of the Ordinance are made triable by any stipendiary Magistrate. As a matter of practice, no doubt such offences will be generally tried before the Harbour Master, who is the Marine Magistrate, but inconvenience has arisen from the terms of sections XXIX and XXX of Ordinance No. 1 of 1862, which makes offences against its provisions coguizable only by any stipendiary Magistrate in the event of the Marine Magistrate being incapacitated from hearing them.
THOMAS C. HAYLLAR,
Acting Attorney General.
325
No. 111.
GOVERNMENT NOTIFICATION.
His Excellency The Governor has been pleased to recognize provisionally, and until Her Majesty's pleasure may be known, TARO ANDO as Vice-Consul for Japan.
By Command,
Colonial Secretary's Office, Hongkong, 4th July, 1874.
J. GARDINER AUSTIN, Colonial Secretary.
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