1964_MERCHANT_SHIPPING_(SAFETY)_ORDINANCE — Page 24

1981 Ed.]

Merchant Shipping (Safety)

[CAP. 369

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333

(iii) the season of the year;

(iv) the safety of the ship; and

(v) any other circumstance,

may require.

(2) If any passenger ship to which section 9 applies goes to sea from Hong Kong without having its compasses adjusted or without protection for deck passengers in contravention of subsection (1), the owner or the master commits an offence and is liable-

(a) in the case of the owner, to a fine of $50,000 and to

imprisonment for 2 years; and

(b) in the case of the master, to a fine of $20,000 and to

imprisonment for 6 months.

(3) If any requirement of this section or of regulations as to the number of permissible passengers is not complied with in the case of any passenger ship, the Director shall not grant a clearance and if any such ship attempts to go to sea without a clearance, the Director may detain it.

37. (1) A ship shall not carry passengers on more than one deck below the water line.

(2) The owner and master of any ship which carries passengers in contravention of subsection (1) commits an offence and is liable to a fine of $10,000.

38. (1) A ship shall not within the waters of Hong Kong carry any passengers in excess of the number allowed by the passenger certificate, or, where the ship has no passenger certificate, the ship shall not-

(a) carry any passengers if the ship is not fit to do so under the provisions of this Ordinance, or would not be fit to do so under those provisions if they applied to the ship;

(b) carry any passengers in excess of the maximum number which the ship is fit to carry under the provisions of this Ordinance, or would be fit to carry under those provisions if they applied to the ship.

(2) The owner, agent and master of any ship which carries passengers in contravention of subsection (1) commits an offence and is liable-

(a) on conviction upon indictment to imprisonment for 4 years and to a fine of $10,000 and an additional fine of $5,000 for each excess passenger; and

(b) on summary conviction to imprisonment for 2 years and to a fine of $10,000 and an additional fine of $5,000 for each excess passenger.

(3) For the purposes of this section every person carried in a ship, other than-

Restriction to decks on which

passengers may be carried.

Excess passengers.