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MERCHANT SHIPPING ACT 1894 - SECT 73

National colours for ships, and penalty on carrying improper colours.

73.(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 [be liable on
conviction on indictment to a fine or on summary conviction to a fine not
exceeding one thousand pounds].

(3) Any commissioned officer on full pay in the military or naval service of
Her Majesty, or any officer of the 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.

Subs.(4) (5) rep. by 1979 c.39 s.50(4) sch.7 Pt.II

© 1894 Crown Copyright

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