40
Penalty for taking detained ship to sea.
[cf. pr. Act, s. 692(1).]
Notice to be given to nearest consular officer where proceedings taken in respect of a foreign ship.
1932 c. 9, s. 69 & 1949 c. 43, s. 35.
61/89513
CAP. 281]
Merchant Shipping
[1986 Ed.
109. (1) Where under this Ordinance a ship is authorized or ordered to be detained, if the ship, after such detention or after service on the master of any notice of or order for such detention, proceeds or attempts to proceed to sea before having been released by competent authority, the master of the ship, and also the owner or agent, and any person who sends the ship to sea, if such owner, agent or person is party or privy to the offence, shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 years. (Amended, 73 of 1974, s. 12)
(2) Where a ship proceeds to sea in contravention of subsection (1) whilst having on board a public officer who is acting in the execution of his duty, the master and owner of the ship-
(a) in addition to any penalty to which he may be liable under subsection (1), shall each be guilty of an offence against this subsection and shall each be liable on conviction to imprisonment for 6 months and to a fine of $20,000 and an additional fine of $1,000 for each day during the period from the date on which the ship proceeded to sea until the date on which the officer is returned to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable route; and
(b) shall be jointly and severally liable to pay all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong,
and all such expenses may be recovered in the same manner as a fine. (Replaced, 73 of 1974, s. 12)
110. Where any foreign ship is detained under the Merchant Shipping (Safety and Load Line Conventions) Act 1932, or under the Merchant Shipping (Safety Convention) Act 1949, as such have been extended to Hong Kong and where any proceedings are taken under either such Acts against the master or owner of any such ship, notice shall forthwith be given to the nearest consular officer for the country to which the ship belongs, and such notice shall specify the grounds on which the ship has been detained or the proceedings have been taken.
Use of official log and articles of agreement as evidence.
[cf. pr. Act, s. 239(6).]
PART XVI
EVIDENCE, REGULATIONS AND FEES
111. [Repealed, 5 of 1971, s. 13]
112. In any proceeding in court against any person for a breach of the provisions of this Ordinance, all entries in the official log and the articles of agreement shall be received in evidence subject to all just exceptions.
40
Penalty for taking detained ship to sea.
[cf. pr. Act, s. 692(1).)
Notice to be given to nearest consular officer
where proceed- ings taken in respect of a foreign ship.
1932 c. 9, s. 69 & 1949 c. 43, s. 35.
61/89513
CAP. 281]
Merchant Shipping
[1986 Ed.
109. (1) Where under this Ordinance a ship is authorized or ordered to be detained, if the ship, after such detention or after service on the master of any notice of or order for such detention, proceeds or attempts to proceed to sea before having been released by competent authority, the master of the ship, and also the owner or agent, and any person who sends the ship to sea, if such owner, agent or person is party or privy to the offence, shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 years. (Amended, 73 of 1974, s. 12)
(2) Where a ship proceeds to sea in contravention of subsec- tion (1) whilst having on board a public officer who is acting in the execution of his duty, the master and owner of the ship-
(a) in addition to any penalty to which he may be liable under subsection (1), shall each be guilty of an offence against this subsection and shall each be liable on conviction to imprisonment for 6 months and to a fine of $20,000 and an additional fine of $1,000 for each day during the period from the date on which the ship proceeded to sea until the date on which the officer is returned to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable route; and
(b) shall be jointly and severally liable to pay all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong,
and all such expenses may be recovered in the same manner as a fine. (Replaced, 73 of 1974, s. 12)
110. Where any foreign ship is detained under the Merchant Shipping (Safety and Load Line Conventions) Act 1932, or under the Merchant Shipping (Safety Convention) Act 1949, as such have been extended to tony and where any proceedings are taken
the under either such Acts against the master or owner of any such ship, notice shall forthwith be given to the nearest consular officer for the country to which the ship belongs, and such notice shall specify the grounds on which the ship has been detained or the proceedings have been taken.
t
Use of official log and
articles of
agreement as evidence.
[cf. pr. Act, s. 239(6).)
PART XVI
EVIDENCE, REGULATIONS AND FEES
111. [Repealed, 5 of 1971, s. 13]
112. In any proceeding in court against any person for a breach of the provisions of this Ordinance, all entries in the official log and the articles of agreement shall be received in evidence subject to all just exceptions.
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