1912_MERCHANT_SHIPPING_ORDINANCE__1899 — Page 20

HK Historical Laws 香港歷史法例 All AI Reviewed

MERCHANT SHIPPING.

No. 10 of 1899.

961

contd.] M. S. Act,

(d) if he is guilty of wilful disobedience to any lawful command, [s.9 he shall be liable to imprisonment for any term not exceeding 4 weeks, and also to forfeit out of his wages a sum not exceeding 2 days' pay; 1804, s. 225.

(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 12 weeks, and also, at the discretion of the Court, to forfeit, for every 24 hours continuance of disobedience or neglect, either a sum not exceeding 6 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 12 weeks;

(g) if he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, he shall be liable to imprisonment for any term not exceeding 12 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 12 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.

expenses.

(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 belongs and be recoverable from him, at the suit of the Captain Superintendent of Police, as a debt due to the Government; 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

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MERCHANT SHIPPING. No. 10 of 1899. 961 contd.] M. S. Act, (d) if he is guilty of wilful disobedience to any lawful command, [s.9 he shall be liable to imprisonment for any term not exceeding 4 weeks, and also to forfeit out of his wages a sum not exceeding 2 days' pay; 1804, s. 225. (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 12 weeks, and also, at the discretion of the Court, to forfeit, for every 24 hours continuance of disobedience or neglect, either a sum not exceeding 6 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 12 weeks; (g) if he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, he shall be liable to imprisonment for any term not exceeding 12 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 12 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. expenses. (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 belongs and be recoverable from him, at the suit of the Captain Superintendent of Police, as a debt due to the Government; 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 Page 20 Page 21
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· port r be- oceed titute eems that gent and nply pen- and tion r. sea ters as ice ts ted he çe ot is ly r $ Q > 3 MERCHANT SHIPPING. No. 10 of 1899. 961 contd.] M. S. Act, (d) if he is guilty of wilful disobedience to any lawful command, [s.9 he shall be liable to imprisonment for any term not exceeding 4 weeks, and also to forfeit out of his wages a sum not exceeding 2 1804, s. 225. days' pay; (e) if he is guilty of continued wilful disobedience to lawful com- ib. mands or continued wilful neglect of duty, he shall be liable to imprisonment for any term not exceeding 12 weeks, and also, at the discretion of the Court, to forfeit, for every 24 hours continuance of disobedience or neglect, either a sum not exceeding 6 days' pay or any expenses properly incurred in hiring a substitute; (f) if he assaults the master or any mate or certificated engineer ib. of the ship, he shall be liable to imprisonment for any term not exceeding 12 weeks; (g) if he combines with any of the crew to disobey lawful com- ib. mands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, he shall be liable to imprisonment for any term not exceeding 12 weeks; and (h) if he wilfully damages the ship, or embezzles or wilfully ib. 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 12 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. expenses. (6) All expenses incidental to the apprehension and confinement Payment of of any seaman or apprentice under this section shall be payable by the master of the ship to which such seaman or apprentice belongs and be recoverable from him, at the suit of the Captain Super- intendent of Police, as a debt due to the Government; 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 Page 20Page 21
2026-05-03 03:53:29 · Baseline
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MERCHANT SHIPPING.

No. 10 of 1899.

961

contd.] M. S. Act,

(d) if he is guilty of wilful disobedience to any lawful command, [s.9 he shall be liable to imprisonment for any term not exceeding 4 weeks, and also to forfeit out of his wages a sum not exceeding 2 1804, s. 225. days' pay;

(e) if he is guilty of continued wilful disobedience to lawful com- ib. mands or continued wilful neglect of duty, he shall be liable to imprisonment for any term not exceeding 12 weeks, and also, at the discretion of the Court, to forfeit, for every 24 hours continuance of disobedience or neglect, either a sum not exceeding 6 days' pay or any expenses properly incurred in hiring a substitute;

(f) if he assaults the master or any mate or certificated engineer ib. of the ship, he shall be liable to imprisonment for any term not exceeding 12 weeks;

(g) if he combines with any of the crew to disobey lawful com- ib. mands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, he shall be liable to imprisonment for any term not exceeding 12 weeks; and

(h) if he wilfully damages the ship, or embezzles or wilfully ib. 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 12 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.

expenses.

(6) All expenses incidental to the apprehension and confinement Payment of of any seaman or apprentice under this section shall be payable by the master of the ship to which such seaman or apprentice belongs and be recoverable from him, at the suit of the Captain Super- intendent of Police, as a debt due to the Government; 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

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