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Merchant Shipping (Foreign Deserters) (Kingdom of Greece) Order 1954

MERCHANT SHIPPING

TITLE XXIV

MARINE

(i) Orders in Council and subsidiary legislation made under Imperial Enactments.

THE MERCHANT SHIPPING ACTS

Proclamation 19th March, 1885

PORTS OF REGISTRY.

Proclaimed by the Governor

The Port of Suva is approved as a port for the registration of vessels under the *Merchant Shipping Act, 1854, and the said port is hereby established as a Port of Registry for the purposes of the said Act.

DESERTERS FROM FOREIGN SHIPS

THE MERCHANT SHIPPING (FOREIGN DESERTERS)
(KINGDOM OF GREECE) ORDER, 1954

Made ............................................................................... 10th February, 1954
Laid before Parliament .................................................. 11th February, 1954
Coming into Operation ...................................... 14th February 1954

AT THE COURT OF SAINT JAMES,

the 10th day of February, 1954.

PRESENT:

HER MAJESTY QUEEN ELIZABETH THE QUEEN MOTHER.
HER ROYAL HIGHNESS THE PRINCESS MARGARET.
HIS ROYAL HIGHNESS THE DUKE OF GLOUCESTER,

Whereas Her Majesty, in pursuance of the Regency Acts, 1937 to 1953, was pleased, by Letters Patent dated the twentieth day of November, 1953, to delegate to Her Majesty Queen Elizabeth The Queen Mother, Her Royal Highness The Princess Margaret, His Royal Highness The Duke of Gloucester Her Royal Highness The Princess Royal and the Earl of Harewood, or any two or more of them, as Counsellors of State, full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval of anything for which Her Majesty's approval in Council is required:

And whereas it is provided by subsection (1) of section 238 of the Merchant Shipping Act, 1894, (hereinafter referred to as "the Act") that where it appears to Her Majesty that due facilities are or will be given by the Government of any foreign country for recovering and apprehending seamen who desert from British merchant ships in that country, Her Majesty may, by Order in Council, stating that such facilities are or will be given, declare that that section shall apply in the case of such foreign country, subject to any limitations, conditions and qualifications contained in the Order:

And whereas it appears to Her Majesty Queen Elizabeth The Queen Mother, Her Royal Highness The Princess Margaret and His Royal Highness The Duke of Gloucester that due facilities are given by the Government of the Kingdom of Greece for recovering and apprehending seamen who desert from British merchant ships in that country:

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother, Her Royal Highness The Princess Margaret and His Royal Highness The Duke of Gloucester, being authorised thereto by the said Letters Patent, and in pursuance of sections 238 and 738 of the Act and of all other powers in that behalf, do hereby, by and with the advice of Her Majesty’s Privy Council, on Her Majesty’s behalf order and declare, and it is hereby ordered and declared, as follows:-

(1) (1) This Order may be cited as the Merchant Shipping (Foreign Deserters) (Kingdom of Greece) Order, 1954, and shall come into operation on the fourteenth day of February, 1954.

(2) In this Order the expressions "Colony" and "British protected person" have respectively the same meanings as they have in or for the purposes of the British Nationality Act, 1948.

(3) The Interpretation Act, 1889, shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

2. The Order in Council made on the 12th day of July, 1887, is hereby revoked.

3. Section 238 of the Act shall apply in the case of the Kingdom of Greece subject to the following limitations, conditions and qualifications, namely -

(a) the said section shall only apply as respects seamen and apprentices who desert from ships registered at any port in the Kingdom of Greece, and when those ships are within the United Kingdom, any of the Channel Islands, the Isle of Man or any Colony; and

(b) nothing in the said section shall be taken to confer any power or impose any duty or obligation on any court, justice or officer in relation to the apprehension, or conveyance on board his ship, of a deserter who satisfies that court, justice or officer that he is -

(i) a citizen of the United Kingdom and Colonies or a Southern Rhodesian citizen or a British protected person; or

(ii) a person in respect of whom there is reasonable ground for believing that his life or liberty will be endangered, for reasons of race, nationality, political opinion or religion, in any country to which his ship is likely to go.

W. G. AGNEW.

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