STOWAWAYS ORDINANCE
- CHAPTER 83

STOWAWAYS ORDINANCE - LONG TITLE  
Long title VerDate:30/06/1997



To amend the law relating to stowaways, and the law relating to river 
steamers.

[1 August 1924]

(Originally 3 of 1924; 18 of 1895 (Cap 83 1950))



STOWAWAYS ORDINANCE - SECT 1
Short title VerDate:30/06/1997



This Ordinance may be cited as the Stowaways Ordinance.



STOWAWAYS ORDINANCE - SECT 2
Interpretation VerDate:30/06/1997



In this Ordinance, unless the context otherwise requires-
"owner" (船東) includes agent and charterer.
"owner" (船東)


STOWAWAYS ORDINANCE - SECT 3
Offences VerDate:01/07/1997


Adaptation amendments retroactively made - see 64 of 1999 s. 3
The following shall be deemed to be offences against this Ordinance-

        (a)	being on board any ship in the waters of Hong Kong with intent 
to obtain a passage therein without the consent of the owner; and

        (b)	arriving in the waters of Hong Kong on board any ship, having 
obtained a passage therein to Hong Kong without the consent of the owner.
(Amended 64 of 1999 s. 3)



STOWAWAYS ORDINANCE - SECT 3
Offences VerDate:30/06/1997



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.



STOWAWAYS ORDINANCE - SECT 4
Presumption VerDate:01/07/1997


Adaptation amendments retroactively made - see 64 of 1999 s. 3
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 Hong Kong 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 Hong Kong with intent to obtain a 
passage therein without the consent of the owner.
(Amended 64 of 1999 s. 3)



STOWAWAYS ORDINANCE - SECT 4
Presumption VerDate:30/06/1997



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.



STOWAWAYS ORDINANCE - SECT 5
Stowaways brought into the waters of Hong Kong in custody VerDate:01/07/1997


Adaptation amendments retroactively made - see 64 of 1999 s. 3
Any person who, at some place outside Hong Kong 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 Hong Kong 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 Hong Kong.
(Amended 64 of 1999 s. 3)



STOWAWAYS ORDINANCE - SECT 5
Stowaways brought into the waters of the Colony in custody VerDate:30/06/1997



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 ORDINANCE - SECT 6
Onus VerDate:30/06/1997



The onus of proving the consent of the owner shall lie upon the accused.



STOWAWAYS ORDINANCE - SECT 7
Arrest VerDate:30/06/1997



Any person who has committed any offence against this Ordinance may be 
arrested without warrant by the master or any member of the crew of the 
ship on which the offence was committed.



STOWAWAYS ORDINANCE - SECT 8
Penalties VerDate:30/06/1997



Any person who commits any offence against this Ordinance shall be liable 
on summary conviction to a fine of $1000 and to imprisonment for 9 months.