1901_MERCHANT_SHIPPING_ORDINANCE__1899 — Page 32

478

Penalty for

unlawfully

carrying

grain.

+

No. 10.] THE ORDINANCES OF HONGKONG: [A.D. 189

(2.) If the owner or master of any such ship, or any agent of any s ship who is charged with the loading of the ship or the sending of her sea, knowingly allows any grain cargo or part of a grain cargo to l shipped therein for carriage contrary to the provisions of this Ordinand he shall, for every such offence be liable, on summary conviction, to penalty not exceeding fifteen hundred dollars.

Unseaworthy Ships.

Sending

17.—(1.) Every person who sends or attempts to send, or is a part unseaworthy British or

to sending or attempting to send, a British or Colonial ship to sea in sua Colonial

an unseaworthy state that the life of any person is likely to be thereby en ship to sea a misdemeanor. dangered shall be guilty of a misdemeanor, unless he proves either that he used all reasonable means to ensure her being sent to sea in a seaworth state or that her going to sea in such an unseaworthy state was, under the circumstances, reasonable and justifiable, and, for the purpose of giving such proof, he may give evidence in the same manner as any other witness.

Master know-

ingly taking

unseaworthy ship to sea.

Consent of Governor to prosecution. Misdemeanor not punish-

able on sum- mary convic- tion.

Power to

detain unsate ship, and

procedure for

such deten- tion.

..

(2.) Every master of a British or Colonial ship who knowingly takes the same to sea in such an 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 an unseaworthy state was under the circumstances, reasonable and justifiable, and, for the purpose of giving such proof, he may give evidence in the same manner as any other witness.

(3.) A prosecution under the preceding sub-sections of this section shall not be instituted except with the consent of the Governor.

(4.) A misdemeanor under the preceding sub-sections of this secto shall not be punishable on summary conviction.

(5.) Where a British or Colonial ship being in any port of the Colony is an unsafe ship, that is to say, is, by reason of the defective condition of her hull, equipment, or machinery or by reason of overloading or im proper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended any such ship (hereinafter referred to as "unsafe ") may be provisionall detained and either finally detained or released, as follows:-

(a.) the Governor, if he has reason to believe, on complaint or otherwise, that a British or Colonial ship is unsafe, may pro visionally order the detention of such ship;

(b.) when a ship has been provisionally detained, there shall be forthwith served on the master of the ship a written statemen of the grounds of her detention, and the Governor may, if he thinks fit, appoint some competent person or persons to survey the ship and report to him;