1923_MERCHANT_SHIPPING_ORDINANCE__1899 — Page 17

HK Historical Laws 香港歷史法例 All AI Reviewed

MERCHANT SHIPPING.

No. 10 of 1899.

931

belonging to the crew of any British ship who has deserted (s. 9 contd.) therefrom or otherwise absconded or absented himself from duty, while such ship is within the waters of the Colony, knowing such seaman to have deserted, absconded or absented himself from duty; or

(b) causes, induces or persuades, or attempts to cause, induce or persuade, any such seaman in any manner whatsoever to violate or to attempt to violate any agreement which he may have entered into to serve on board any such ship; or

(c) knowingly connives at the desertion, absconding or absence from duty of any such seaman,

shall be liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment for any term not exceeding six months.

The Harbour Master, before granting a port clearance to any ship, may, if he has reasonable grounds for believing that any deserter is concealed on board of such ship, proceed on board thereof, and then and there require the master to institute due and diligent search for such deserter, and, further, if he deems it necessary, require the master to make a statutory declaration that to the best of his knowledge and belief, after due and diligent search, no such deserter is concealed within or about his ship; and every master of a ship who refuses or unnecessarily delays to comply with such requisition shall be liable to a fine not exceeding two hundred dollars; and every master of a ship who makes any such statutory declaration containing any false statement shall be guilty of a misdemeanor.

Every seaman lawfully engaged, and every apprentice to the sea service, who commits any of the following offences against discipline, within the waters of the Colony, shall be liable to be punished as follows:-

(a) if he deserts from his ship, he shall be guilty of the offence of desertion, and be liable to forfeit all or any part of the effects which he leaves on board and of the wages which he has then earned and also to satisfy any excess of wages properly paid by the owner or master of the ship to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him; and also he shall be liable to imprisonment for any term not exceeding twelve weeks;

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MERCHANT SHIPPING.No. 10 of 1899.931belonging to the crew of any British ship who has deserted (s. 9 contd.) therefrom or otherwise absconded or absented himself from duty, while such ship is within the waters of the Colony, knowing such seaman to have deserted, absconded or absented himself from duty; or(b) causes, induces or persuades, or attempts to cause, induce or persuade, any such seaman in any manner whatsoever to violate or to attempt to violate any agreement which he may have entered into to serve on board any such ship; or(c) knowingly connives at the desertion, absconding or absence from duty of any such seaman,shall be liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment for any term not exceeding six months.The Harbour Master, before granting a port clearance to any ship, may, if he has reasonable grounds for believing that any deserter is concealed on board of such ship, proceed on board thereof, and then and there require the master to institute due and diligent search for such deserter, and, further, if he deems it necessary, require the master to make a statutory declaration that to the best of his knowledge and belief, after due and diligent search, no such deserter is concealed within or about his ship; and every master of a ship who refuses or unnecessarily delays to comply with such requisition shall be liable to a fine not exceeding two hundred dollars; and every master of a ship who makes any such statutory declaration containing any false statement shall be guilty of a misdemeanor.Every seaman lawfully engaged, and every apprentice to the sea service, who commits any of the following offences against discipline, within the waters of the Colony, shall be liable to be punished as follows:-(a) if he deserts from his ship, he shall be guilty of the offence of desertion, and be liable to forfeit all or any part of the effects which he leaves on board and of the wages which he has then earned and also to satisfy any excess of wages properly paid by the owner or master of the ship to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him; and also he shall be liable to imprisonment for any term not exceeding twelve weeks;
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MERCHANT SHIPPING.No. 10 of 1899.931belonging to the crew of any British ship who has deserted (s. 9 contd.] therefrom or otherwise absconded or absented himself from duty, while such ship is within the waters of the Colony, knowing such seaman to have deserted, absconded or absented himself from duty; or(b) causes, induces or persuades, or attempts to cause, induce or persuade, any such seaman in any manner what- soever to violate or to attempt to violate any agreement which he may have entered into to serve on boardship; or any such (e) knowingly connives at the desertion, absconding or absence from duty of any such seaman,shall be liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment for any term not exceeding six months.may requiresuspecteddeclaration(4)The Harbour Master, before granting a port clearanceHarbour to any ship, may, if he has reasonable grounds for believingMaster that any deserter is concealed on board of such ship, proceedmaster to on board thereof, and then and there require the master tosearch for institute due and diligent search for such deserter, and deserters, further, if he deems it necessary, require the master to makeand to make a statutory declaration that to the best of his knowledge andof search. belief, after due and diligent search, no such deserter is concealed within or about his ship; and every master of a ship who refuses or unnecessarily delays to comply with such requisition shall be liable to a fine not exceeding two hundred dollars; and every master of a ship who makes any such statutory declaration containing any false statement shall be guilty of a misdemeanor.(5)Every seaman lawfully engaged, and every apprenticeOffences to the sea service, who commits any of the following offences against discipline. within the waters of the Colony, shall be liable to be punish- ed as follows:-(a) if he deserts from his ship, he shall be guilty of the57 & 58 Vict. offence of desertion, and be liable to forfeit all or any partc. 60, s. 221. of the effects which he leaves on board and of the wages which he has then earned and also to satisfy any excess of wages properly paid by the owner or master of the ship to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him; and also he shall be liable to imprisonment for any term not exceeding twelve weeks;
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MERCHANT SHIPPING.

No. 10 of 1899.

931

belonging to the crew of any British ship who has deserted (s. 9 contd.] therefrom or otherwise absconded or absented himself from duty, while such ship is within the waters of the Colony, knowing such seaman to have deserted, absconded or absented himself from duty; or

(b) causes, induces or persuades, or attempts to cause, induce or persuade, any such seaman in any manner what- soever to violate or to attempt to violate any agreement which he may have entered into to serve on board

ship; or

any such

(e) knowingly connives at the desertion, absconding or absence from duty of any such seaman,

shall be liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment for any term not exceeding six months.

may require

suspected

declaration

(4) The Harbour Master, before granting a port clearance Harbour to any ship, may, if he has reasonable grounds for believing Master that any deserter is concealed on board of such ship, proceed master to on board thereof, and then and there require the master to search for institute due and diligent search for such deserter, and deserters, further, if he deems it necessary, require the master to make and to make a statutory declaration that to the best of his knowledge and of search. belief, after due and diligent search, no such deserter is concealed within or about his ship; and every master of a ship who refuses or unnecessarily delays to comply with such requisition shall be liable to a fine not exceeding two hundred dollars; and every master of a ship who makes any such statutory declaration containing any false statement shall be guilty of a misdemeanor.

(5) Every seaman lawfully engaged, and every apprentice Offences to the sea service, who commits any of the following offences against

discipline. within the waters of the Colony, shall be liable to be punish- ed as follows:-

(a) if he deserts from his ship, he shall be guilty of the 57 & 58 Vict. offence of desertion, and be liable to forfeit all or any part c. 60, s. 221. of the effects which he leaves on board and of the wages which he has then earned and also to satisfy any excess of wages properly paid by the owner or master of the ship to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him; and also he shall be liable to imprisonment for any term not exceeding twelve weeks;

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