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Merchant Shipping Act 1894
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73National colours for ships, and penalty on carrying improper colours.
(1)The red ensign usually worn by merchant ships, without any defacement or modification whatsoever, is hereby declared to be the proper national colours for all ships and boats belonging to any British subject, except in the case of Her Majesty's ships or boats, or in the case of any other ship or boat for the time being allowed to wear any other national colours in pursuance of a warrant from Her Majesty or from the Admiralty.
(2)If any distinctive national colours, except such red ensign or except the Union Jack with a white border, or if any colours usually worn by Her Majesty's ships or resembling those of Her Majesty, or if the pendant usually carried by Her Majesty's ships or any pendant resembling that pendant, are or is hoisted on board any ship or boat belonging to any British subject without warrant from Her Majesty or from the Admiralty, the master of the ship or boat, or the owner thereof, if on board the same, and every other person hoisting the colours or pendant, shall for each offence incur a fine not exceeding five hundred pounds.
(3)Any commissioned officer on full pay in the military or naval service of Her Majesty, or any officer of customs in Her Majesty s dominions, or any British consular officer, may board any ship or boat on which any colours or pendant are hoisted contrary to this Act, and seize and take away the colours or pendant, and the colours or pendant shall be forfeited to Her Majesty.
(4)A fine under this section may be recovered with costs in the High Court in England or Ireland, or in the Court of Session in Scotland, or in any Colonial Court of Admiralty or Vice-Admiralty Court within Her Majesty's dominions.
(5)Any offence mentioned in this section may also be prosecuted, and the fine for it recovered, summarily, provided that—
(a)where any such offence is prosecuted summarily, the court imposing the fine shall not impose a higher fine than one hundred pounds ; and
(b)nothing in this section shall authorise the imposition of more than one fine in respect of the same offence.
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