1964_MERCHANT_SHIPPING_ORDINANCE — Page 17

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CAP. 281]

Merchant Shipping

[1986 Ed.

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desertion order him to be conveyed on board his ship or delivered to the master or mate of his ship, or to the owner of the ship or his agent to be so conveyed, and any such warrant or order may be executed accordingly. Any person who harbours or secretes any deserter liable to be apprehended under this subsection, knowing or having reason to believe that he has deserted, shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months. (Amended, 17 of 1965, s. 8 and 73 of 1974, s. 12)

(3) A magistrate, on complaint of the master of any British ship to the effect that he has reasonable cause to believe that any seaman who has deserted while such ship is within the waters of the- Colony is harboured, secreted or concealed, or suspected to be harboured, secreted or concealed, on board any other ship, boat or other vessel or in any house or place whatsoever, may issue a warrant directing a police officer to search such ship, boat or other vessel, or such house or place, and to lodge such seaman in any police station, and any such seaman shall with all convenient speed be brought before a magistrate to be dealt with as is hereinbefore directed.

(4) Any person who-

(a) harbours, conceals, employs or retains, or assists in har- bouring, concealing, employing or retaining, any seaman belonging to the crew of any British ship who has deserted therefrom or otherwise absconded or absented himself from duty while such ship is within the waters of the Hong Kong 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 guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months. (Amended, 17 of 1965, s. 8 and 73 of 1974, s. 12)

(5) The Director before granting a port clearance to any ship may, if he has reasonable grounds for believing that any deserter is concealed on board 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. (Amended, 17 of 1965, s. 8 and 73 of 1974, s. 12)