【法规名称】
【法规编号】 58672 什么是编号？
【正 文】
第2页 CAP 497 SUBMARINE TELEGRAPH ORDINANCE
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[接上页] (4) A person who- (a) forges the signature of any master or officer to any such document or certificate as is mentioned in this section; or (b) makes use of any such document or certificate knowing the signature to it to be forged,commits an offence and is liable on conviction on indictment to a fine of $150000 and to imprisonment for 2 years. (Enacted 1996) [cf. 1885 c. 49 s. 8 U.K.] Cap 497 s 9 Liability of masters of vessels Where an offence against this Ordinance has been committed by means of a vessel, or of any boat belonging to a vessel, the master of such vessel shall, unless some other person is shown to have been in charge of and navigating such vessel or boat, be deemed to have been in charge of and navigating the same, and be liable to be punished accordingly. (Enacted 1996) [cf. 1885 c. 49 s. 9 U.K.] Cap 497 s 10 Savings (1) The provisions of this Ordinance shall be in addition to and not in derogation from any other provisions existing at common law or under any enactment for the protection of submarine cables. (2) Subject to subsection (3)- (a) nothing in this Ordinance shall prevent a person being liable under any Ordinance or otherwise to any indictment, proceeding, punishment, or penalty other than as is provided for by this Ordinance; and (b) nothing in this Ordinance, nor any proceedings with respect to any matter, shall exempt a person from any liability in any action or suit with reference to the same matter.(3) The provisions of subsection (2) shall not apply so that a person- (a) is punished twice for the same offence; or (b) is required to pay compensation twice in respect of the same damage. (Enacted 1996) [cf. 1885 c. 49 s. 10 U.K.] Cap 497 s 11 Repeal of Submarine Telegraph Act 1885 (1) The Submarine Telegraph Act 1885 (1885 c. 49 U.K.), in so far as it is part of the law of Hong Kong, is repealed. (2) Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap 1) apply in relation to the repeal of Act referred to in subsection (1) as they apply in relation to the repeal of an Ordinance. (Enacted 1996) Cap 497 SCHEDULE [sections 2, 3, 7 & 8] CONVENTION FOR THE PROTECTION OF SUBMARINE CABLES [Preamble omitted] ARTICLE I The present Convention applies outside territorial waters to all legally established submarine cables landed on the territories, colonies, or possessions of one or more of the High Contracting Parties. ARTICLE II It is a punishable offence to break or injure a submarine cable, wilfully or by culpable negligence, in such manner as might interrupt or obstruct telegraphic communication, either wholly or partially, such punishment being without prejudice to any civil action for damages. This provision does not apply to cases where those who break or injure a cable do so with the lawful object of saving their lives or their ship, after they have taken every necessary precaution to avoid so breaking or injuring the cable. ARTICLE III The High Contracting Parties undertake that, on granting a concession for landing a submarine cable, they will insist, so far as possible, upon proper measures of safety being taken, both as regards the track of the cable and its dimensions. ARTICLE IV The owner of a cable who, on laying or repairing his own cable breaks or injures another cable, must bear the cost of repairing the breakage or injury, without prejudice to the application, if need be, of Article II of the present Convention. ARTICLE V Vessels engaged in laying or repairing submarine cables shall conform to the regulations as to signals which have been, or may be, adopted by mutual agreement among the High Contracting Parties, with the view of preventing collisions at sea. When a ship engaged in repairing a cable exhibits the said signals, other vessels which see them, or are able to see them, shall withdraw to or keep beyond a distance of one nautical mile at least from the ship in question, so as not to interfere with her operations. Fishing gear and nets shall be kept at the same distance. Nevertheless, fishing vessels which see or are able to see a telegraph ship exhibiting the said signals shall be allowed a period of twenty-four hours at most within which to obey the notice so given, during which time they shall not be interfered with in any way. The operations of the telegraph ships shall be completed as quickly as possible. ARTICLE VI Vessels which see, or are able to see, the buoys showing the position of a cable when the latter is being laid, is out of order, or is broken, shall keep beyond a distance of one-quarter of a nautical mile at least from the said buoys. Fishing nets and gear shall be kept at the same distance. ARTICLE VII Owners of ships or vessels who can prove that they have sacrificed an anchor, a net, or other fishing gear in order to avoid injuring a submarine cable shall receive compensation from the owner of the cable. In order to establish a claim to such compensation, a statement supported by the evidence of the crew, should, whenever possible, be drawn up immediately after the occurrence; and the master must, within twenty-four hours after his return to, or next putting into port, make a declaration to the proper authorities. |
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