| An Ordinance to give effect in Hong Kong to the Convention for the Protection of Submarine Cables made at Paris on 14 March 1884. (Enacted 1996) [27 December 1996] (Originally 78 of 1996) Cap 497 s 1 Short title This Ordinance may be cited as the Submarine Telegraph Ordinance. (Enacted 1996) [cf. 1885 c. 49 s. 1 U.K.] Cap 497 s 2 Interpretation Remarks: Amendments retroactively made - see 28 of 1998 s. 2(1) In this Ordinance, unless the context otherwise requires- "the Convention" (《公约》) means the Convention for the Protection of Submarine Cables which was made at Paris on 14 March 1884 and which was established in the French language; "master" (船长) includes every person having command or charge of a vessel; "officer" (高级船员) means an officer commanding such a ship as described in Article X of the Schedule; "person" (人) includes a body of persons corporate or unincorporate; "vessel" (船只) means every description of vessel used in navigation in whatever way it is propelled; and any reference to a vessel shall include a reference to a boat belonging to such vessel. (Enacted 1996. Amended 28 of 1998 s. 2(1)) [cf. 1885 c. 49 s. 12 U.K.] Cap 497 s 3 Convention to have the force of law Subject to the provisions of this Ordinance, the Convention as set out in the Schedule, being an English translation of the French original, shall continue to have the force of law in Hong Kong. (Enacted 1996) [cf. 1885 c. 49 s. 2 U.K.] Cap 497 s 4 Contravention of Article II of the Convention (1) A person who unlawfully and wilfully breaks or damages any submarine cable to which the Convention applies, in such manner as might interrupt or obstruct in whole or in part telegraphic communication, commits an offence and is liable on conviction on indictment to a fine of $500000 and to imprisonment for 5 years. (2) A person who by culpable negligence breaks or damages any submarine cable to which the Convention applies, in the manner described in subsection (1), commits an offence and is liable on summary conviction to a fine at level 6 and to imprisonment for 1 year. (3) A person who attempts to break or damage, unlawfully and wilfully, any submarine cable to which the Convention applies, in the manner described in subsection (1), commits an offence and is liable to be punished in like manner as if he had committed an offence under subsection (1). (Enacted 1996) [cf. 1885 c. 49 s. 3(1) & (2) U.K.] Cap 497 s 5 Defences and exceptions (1) Where a person does any act for the purposes of- (a) preserving the life of or preventing injury to himself or any other person; or (b) preserving the vessel to which he belongs or any other vessel,and takes all reasonable precautions to avoid damage to a submarine cable, such person is deemed not to have acted unlawfully and wilfully within the meaning of section 4. (2) If in a bona fide attempt to repair a submarine cable, another cable is broken or damaged, such breakage or damage is deemed not to be unlawful and wilful. (3) Subsection (2) shall not apply so as to exempt any person from any liability under this Ordinance or otherwise to pay the cost of repairing any breakage of or damage to any submarine cable. (Enacted 1996) [cf. 1885 c. 49 s. 3(3) & (4) U.K.] Cap 497 s 6 Accessories Remarks: Amendments retroactively made - see 28 of 1998 s. 2(1) A person who- (a) within Hong Kong; or (b) being a permanent resident of the Hong Kong Special Administrative Region or a body corporate incorporated or established in Hong Kong, in any place outside Hong Kong, (Amended 28 of 1998 s. 2(1))in any manner procures, counsels, aids, abets or is accessory to the commission of an offence under section 4, commits an offence and is liable to be tried and punished for the offence as if he had been a principal. (Enacted 1996) [cf. 1885 c. 49 s. 3(5) U.K.] Cap 497 s 7 Obstruction of officers A person who obstructs an officer in the exercise or performance of the powers and duties vested in and imposed on him by any Article of the Schedule, or who refuses or neglects to comply with any demand or direction lawfully made or given by such officer in pursuance of this Ordinance, commits an offence and is liable on summary conviction to a fine at level 6 and to imprisonment for 1 year. (Enacted 1996) [cf. 1885 c. 49 s. 6(1) & (2) U.K.] Cap 497 s 8 Evidence (1) Any document drawn up in pursuance of Article VII or Article X of the Schedule shall be admissible in any proceeding, civil or criminal, as prima facie evidence of the facts or matters stated in the document. (2) If evidence contained in any document as mentioned in subsection (1) was taken on oath in the presence of the person accused in such evidence, and the person accused had an opportunity of cross-examining the person giving such evidence and of making his reply to such evidence, the master or officer drawing up such document may certify the said facts, or any of them. (3) Any document or certificate mentioned in this section purporting to be signed by a master or officer shall be admissible in evidence without proof of such signature, and, if purporting to be signed by any other person, shall, if certified by any such master or officer to have been so signed, be deemed until the contrary is proved to have been signed by such other person. |
