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THE HONGKONG GOVERNMENT GAZETTE, 1ST AUGUST, 1891.
TABLE (H).
General Rules for Courts of Survey made under Sub-section 11 of Section 13.
1. Where the Owner or Master of a ship, hereinafter called the Appellant, desires to appeal to the Court of Survey, he shall file at the Office of the Harbour Master a notice in the Form No. 1 in Appendix.
2. Immediately upon the filing of the notice of appeal, the Harbour Master shall inform the Governor, and if the ship is a foreign ship, the Harbour Master shall give notice to the Consular Officer for the State to which the ship belongs. and such Consular Officer may nominate one person to act as a member of the Court of Survey whose name shall be submitted to the Governor at the same time.
3. When the Governor has issued his warrant constituting the Court, the person appointed to be President of the Court, herein. after referred to as the President, shall summon the Court in the Form No. 2 in the Appendix.
4. If the Survey has been made on the complaint of any person, hereinafter called the Complainant, the President shall send to him notice of the time and place appointed for the hearing.
5. Previous to the hearing, the Governor shall forward to the President, to be produced as evidence at the hearing, an official copy of the report of the Surveyor.
6. The Court shall, if practicable, be summoned to hear the appeal on a day not later than fourteen days from the filing of the notice of appeal.
7. The Governor and the Appellant shall be parties to the proceed. ings.
8. Any other person may, by permission of the President of the Court, be made a party to the proceedings.
9. At the hearing, the person representing the Governor shall first call his witnesses and, having done so shall state in writing what order he requires the Court to make.
10. The Complainant, if he has appeared, shall then call his wit- nesses, and having done so, shall state in writing what order he requires the Court to make.
11. The Appellant shall then call his witnesses, and having done so, shall state in writing what order he requires the Court to make.
12. After the Appellant has examined all his witnesses, the person representing the Governor and the Complainant may, on cause shewn to the satisfaction of the Court. call further witnesses in reply.
13. After all the witnesses have been examined, the Court shall first hear the Appellant, then the Complainant (if any), and after- wards the person representing the Governor.
14. The President may adjourn the Court from time to time and from place to place, as may be most convenient,
15. The President shall deliver the decision of the Court in writing; and the same may be sent or delivered to the respective parties, and it shall not be necessary to hold a Court merely for the purpose of giving the decision.
16. As soon as possible after the Court has come to its decision, the Court shall issue an order for the release or detention (either finally or on condition) of the vessel in the Form No. 3 in Appendix. 17. The President shall report to the Governor in the Form No. 4 in Appendix.
18. The Fees, a table whereof is in Appendix (d), shall be demanded and taken in any proceedings before a Court of Survey.
APPENDIX.
No. 1.-Notice of Appeal,
In the Matter of the Ship
To the Harbour Master of Hongkong.
Take notice that I, [name and address] the Master for managing owner or owner of shares of the Ship"
of the Port of
(1.) From the Report of
do appeal,-
the Surveyor appointed by the Governor to survey the said Ship; or
(2.) From a declaration given by
of
a Shipwright, Surveyor or Engineer, [or from the refusal a Shipwright, Surveyor or Engineer to give a declaration], under the provisions of Sub-section 8 of Section 5 of Ordinance of 1891; or (3.) From the refusal of
an Emigration Officer [or as the case may be] to give a Certificate of Clearance under The Chinese Passengers' Act, 1855; or
(4.). From the refusal of
appointed by the Governor under the provisions of Sub- section 4 of Section 5 of Ordinance of 1891, to give a Certificate that the said Ship is properly provided with Lights and with the means of making Fog Signals. The address at which all notices and documents may be served by post or otherwise on me is
Dated at
189
this
day of
(To be signed by the Appellant.)
No. 2.-Summons to Court.
The Court of Survey for Hongkong.
In the matter of an Appeal by
from the Report of
appointed by the Governor to survey the
(or as the case may be].
In pursuance of Ordinance of 1891, I hereby attend as
at
hour of in the
on the
noon.
Dated at Victoria, Hongkong, this
189
1 will attend as summoned.
day of
the Surveyor
summon you to on this Appeaj. at the
day of
Stipendiary Magistrate and President of the Court.
(Signature of person, sunmoned.)
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