Cap 83 - STOWAWAYS ORDINANCE 1

Chapter: 83 STOWAWAYS ORDINANCE Gazette Number Version Date

Long title 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))

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Stowaways Ordinance.

Section: 2 Interpretation 30/06/1997


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

Section: 3 Offences 64 of 1999 01/07/1997


Remarks:
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)


Section: 4 Presumption 64 of 1999 01/07/1997


Remarks:
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)

Section: 5 Stowaways brought into the waters of Hong Kong in

custody
64 of 1999 01/07/1997



Remarks:
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)



Cap 83 - STOWAWAYS ORDINANCE 2


Section: 6 Onus 30/06/1997


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

Section: 7 Arrest 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.

Section: 8 Penalties 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.