This ordinance treats certain stowaway conduct on ships in Hong Kong waters as offences, shifts the burden of proving the owner’s consent to the accused, lets the ship’s master or crew arrest an offender without warrant, and sets a summary-conviction penalty of a level 1 fine and 9 months’ imprisonment.
To amend the law relating to stowaways, and the law relating to river steamers. [1 August 1924](Format changes—E.R. 2 of 2019) 1. Short title This Ordinance may be cited as the Stowaways Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—owner (船東) includes agent and charterer. 3. Offences 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) 4. Presumption 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) 5. Stowaways brought into the waters of Hong Kong in custody 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) 6. Onus The onus of proving the consent of the owner shall lie upon the accused. 7. Arrest 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. 8. Penalties Any person who commits any offence against this Ordinance shall be liable on summary conviction to a fine at level 1 and to imprisonment for 9 months.(Amended E.R. 2 of 2019)