1980 Ed.]
Stowaways
CHAPTER 83
STOWAWAYS
[CAP. 83
1
To amend the law relating to stowaways, and the law relating to
river steamers.
Originally
3 of 1924. 18 of 1895.
(Cap. 83, 1950.)
[1 August 1924.]
30 of 1911.
50 of 1911.
51 of 1911.
1 of 1912.
2 of 1912.
8 of 1912.
22 of 1950. 17 of 1965.
1.
This Ordinance may be cited as the Stowaways Ordinance.
Short title.
2. In this Ordinance, unless the context otherwise requires-
Interpretation.
"owner" includes agent and charterer.
3. The following shall be deemed to be offences against this Ordinance-
Offences.
(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 section 3(b), 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 brought into the waters of the Colony in custody.
6. The onus of proving the consent of the owner shall lie upon the accused.
Onus.
7. Any person who has committed any offence against this Ordinance may be arrested without warrant by the master or any
Arrest.
1980 Ed.]
Stowaways
CHAPTER 83
STOWAWAYS
[CAP. 83
1
To amend the law relating to stowaways, and the law relating to
river steamers.
Originally
3 of 1924. 18 of 1895.
(Cap. 83, 1950.)
[1 August 1924.]
30 of 1911.
50 of 1911.
51 of 1911.
1 of 1912.
2 of 1912.
8 of 1912.
22 of 1950. 17 of 1965.
1.
This Ordinance may be cited as the Stowaways Ordin-
Short title.
i
ance.
2. In this Ordinance, unless the context otherwise requires- Interpretation. "owner" includes agent and charterer.
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.
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, notwithstand- ing the fact of such custody, be deemed to have committed the offence specified in section 3(b), 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.
Offences.
Presumption.
Stowaways brought into the waters of the Colony in custody.
Onus.
7. Any person who has committed any offence against this Arrest. Ordinance may be arrested without warrant by the master or any
1
No comments yet.
Private notes are available after approval.