Stowaways.
[CAP. 83
CHAPTER 83.
STOWAWAYS.
To amend the law relating to stowaways, and the law originally relating to river steamers.
[1st August, 1924.]
3 of 1924. Fraser 3 of 1924. 6 of 1895.
22 of 1950.
1. This Ordinance may be cited as the Stowaways Ordinance.
Short title.
2. In this Ordinance "owner" includes agent and charterer.
Interpretation.
3. The following shall be deemed to be offences against this Ordinance-
(a) being on board any ship in the waters of the Colony with intent to obtain a passage therein without the consent of the owner; and
(b) arriving in the waters of the Colony on board any ship, having obtained a passage therein to Hong Kong without the consent of the owner.
4. Any person who is found on board any ship between Hong Kong and the next port of call and who is unable to prove that he left the Colony on board the said ship with the consent of the owner shall be deemed to have been on board the said ship in the waters of the Colony with intent to obtain a passage therein without the consent of the owner.
Presumption.
5. Any person who, at some place outside the Colony and the waters thereof, obtains a passage on board any ship without the consent of the owner, and who is brought into the waters of the Colony on board the said ship in custody, shall, notwithstanding the fact of such custody, be deemed to have committed the offence specified in paragraph (b) of section 3, provided that such person was first detained in custody on board the said ship after leaving the last port of call before arrival in the waters of the Colony.
6. The onus of proving the consent of the owner shall lie upon the accused.
Onus.
517
Stowaways.
[CAP. 83
CHAPTER 83.
STOWAWAYS.
To amend the law relating to stowaways, and the law Originally
relating to river steamers.
[1st August, 1924.]
3 of 1924. Fraser 3 of 1924. 6 of 1895.
22 of 1950.
1. This Ordinance may be cited as the Stowaways Short title. Ordinance.
2. In this Ordinance "owner" includes agent and Interpretation.
charterer.
3. The following shall be deemed to be offences offences. against this Ordinance-
(a) being on board any ship in the waters of the Colony with intent to obtain a passage therein without the consent of the owner; and
(b) arriving in the waters of the Colony on board any ship, having obtained a passage therein to Hong Kong without the consent of the owner.
4.
Any person who is found on board any ship Presumption. between Hong Kong and the next port of call and who is unable to prove that he left the Colony on board the said ship with the consent of the owner shall be deemed to have been on board the said ship in the waters of the Colony with intent to obtain a passage therein without the consent of the owner.
5. Any person who, at some place outside the Colony and the waters thereof, obtains a passage on board any ship without the consent of the owner, and who is brought into the waters of the Colony on board the said ship in custody, shall, notwithstanding the fact of such custody, be deemed to have committed the offence specified in para- graph (b) of section 3, provided that such person was first detained in custody on board the said ship after leaving the last port of call before arrival in the waters of the Colony.
Stowaways the waters in custody.
brought into
of the Colony
6. The onus of proving the consent of the owner shall Onus. lie upon the accused.
517
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