1972 Ed.]
Consular Relations (Merchant Shipping) [CAP. 259
UNIVERSITY
OF
(Japan) Order
[Subsidiary]
CONSULAR RELATIONS (MERCHANT SHIPPING) (JAPAN) ORDER
L.N. 32/72.
[Cap. 259, sections 5, 6, 7 and 8]
[4th February, 1972.]
1. This order may be cited as the Consular Relations (Merchant Shipping) (Japan) Order.
2. (1) For the purpose of this order a ship shall be treated as belonging to Japan if it is carrying the papers required by the law of Japan in proof of Japanese nationality.
(2) Nothing in this order shall apply to any ship of war.
3. Proceedings relating to the remuneration or any contract of service of the master or a member of the crew of any ship belonging to Japan shall not be entertained by any court in Hong Kong unless a consular officer of Japan has been notified of the intention to invoke the jurisdiction of that court and has not objected within a period of two weeks from the date of such notification and a statement to that effect is included among the details on which the claim is based at the time when the proceedings are commenced.
4. Where an offence is alleged to have been committed on board any ship belonging to Japan by the master or a member of the crew, proceedings for the offence instituted otherwise than at the request or with the consent of a consular officer of Japan shall not be entertained by any court in Hong Kong, unless-
(a) the offence is alleged to have been committed-
(i) by or against a person who is a citizen of the United Kingdom and Colonies, a citizen of Southern Rhodesia, a British subject by virtue of section 2, 13 or 16 of the British Nationality Act 1948 or the British Nationality Act 1965, or a British protected person within the meaning of the said Act of 1948; or
(ii) against a person other than the master or a member of the crew; or
(b) the offence is one involving the tranquillity or safety of a port, or the law relating to safety of life at sea, public health, oil pollution, wireless telegraphy, immigration or customs; or
(c) the offence is one punishable (on a first conviction) with imprisonment for a term that may extend to five years or with a more severe sentence.
Citation.
Ships to be treated as belonging to Japan.
Proceedings relating to the remuneration, etc., of the master or crew of a ship belonging to Japan.
Proceedings relating to offences committed on board ships belonging to Japan.
(1948 c. 56.)
(1965 c. 34.)
1972 Ed.]
Consular Relations (Merchant Shipping) [CAP. 259
RSITY
OF
(Japan) Order
WI
[Subsidiary]
ATIONS (MERCHANT SHIPPING) (JAPAN) ORDER
L.N. 32/72.
HO
CONSULAR REL
(Cap. 259, sections 5, 6, 7 and 8)
LAW
LIBRARY
[4th February, 1972.]
1. This order may be cited as the Consular Relations (Merchant Shipping) (Japan) Order.
2. (1) For the purpose of this order a ship shall be treated as belonging to Japan if it is carrying the papers required by the law of Japan in proof of Japanese nationality.
(2) Nothing in this order shall apply to any ship of war.
3. Proceedings relating to the remuneration or any contract of service of the master or a member of the crew of any ship belonging to Japan shall not be entertained by any court in Hong Kong unless a consular officer of Japan has been notified of the intention to invoke the jurisdiction of that court and has not objected within a period of two weeks from the date of such notification and a statement to that effect is included among the details on which the claim is based at the time when the pro- ceedings are commenced.
4. Where an offence is alleged to have been committed on board any ship belonging to Japan by the master or a member of the crew, proceedings for the offence instituted otherwise than at the request or with the consent of a consular officer of Japan shall not be entertained by any court in Hong Kong, unless-
(a) the offence is alleged to have been committed-
(i) by or against a person who is a citizen of the United Kingdom and Colonies, a citizen of Southern Rhodesia, a British subject by virtue of section 2, 13 or 16 of the British Nationality Act 1948 or the British Nationality Act 1965, or a British protected person within the meaning of the said Act of 1948; or
(ii) against a person other than the master or a member of the crew; or
(b) the offence is one involving the tranquillity or safety of a port, or the law relating to safety of life at sea, public health, oil pollution, wireless telegraphy, immigration or cus- toms; or
(c) the offence is one punishable (on a first conviction) with imprisonment for a term that may extend to five years or with a more severe sentence.
Citation.
Ships to be treated as belonging to Japan.
Proceedings relating to the remuneration,
etc., of the master or crew of a ship belonging to Japan.
Proceedings relating to offences com- mitted on board
ships belonging to Japan.
(1948 c. 56.)
(1965 c. 34.)
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