1901_MERCHANT_SHIPPING_ORDINANCE__1899 — Page 18

M. S. Act, 1894, s. 225.

Ib.

Ib.

Ib.

of 9: 20th 1903

See below

Any imprisonment

Payment of expenses.

No. 10.] THE ORDINANCES OF HONGKONG: [AD

he shall be liable to imprisonment for any term not exceeding four weeks, and also, at the discretion of the Court, to forfeit out of his wages a sum not exceeding two days' pay; (e.) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, he shall be liable to imprisonment for any term not exceeding twelve weeks, and also, at the discretion of the Court, to forfeit, for every twenty-four hours' continuance of disobedience or neglect, either a sum not exceeding six days' pay or any expenses properly incurred in hiring a substitute;

(f) if he assaults the master or any mate or certificated engineer of the ship, he shall be liable to imprisonment for any term not exceeding twelve weeks;

(g.) if he combines with any of the crew to disobey lawful command or to neglect duty, or to impede the navigation of the ship or progress of the voyage, he shall be liable to imprisonment for any term not exceeding twelve weeks; and

(h.) if he wilfully damages the ship, or embezzles or wilfully damages any of her stores or cargo, he shall be liable to forfeit out of his wages a sum equal to the loss thereby sustained, and also, at the discretion of the Court, to imprisonment for any term not exceeding twelve weeks:

Provided that, in the case of a Foreign ship, the Stipendiary Magistrate may only deal with cases arising out of the offences mentioned in paragraphs (d.), (e.), (f.), and (g.) of this sub-section, and provided also that if there is a Consular Officer resident in the Colony of the nation to which such ship belongs, the Stipendiary Magistrate shall not deal with any case unless he is requested to do so by such officer in writing, and unless such officer undertakes that any such seaman shall not become a charge on the Colony in consequence of being so dealt with at his request.

(6.) All expenses incidental to the apprehension and confinement of any seaman or apprentice under this section shall be payable by the master of the ship to which such seaman or apprentice may belong, and be recoverable from him, at the suit of the Captain Superintendent of Police, as a debt due to the Government of this Colony; and the subsistence money for every such seaman or apprentice confined in gaol shall be paid in advance to the superintendent of the gaol, and, in default of such payment, the gaoler may release such seaman or apprentice: Provided that every seaman or apprentice imprisoned under this section may, by direction of the committing Stipendiary Magistrate, be sent on board his ship or may be placed at the disposal of the Consular Officer at whose request the Magistrate dealt with the case, on the written application of such officer, either on or before the expiration of his term of imprisonment,