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THE HONGKONG GOVT GAZETTE EXTRAORDINARY, 9TH DEC., 1891.
An action for any costs or compensation payable by the Governor under this section shall be brought against the Attorney General in a suit instituted by the plaintiff as claimant against "The Attorney General" as defendant, and the provisions of sub-sections 2, 3, 4, and 5, of section 83, chapter XIV., of the Hongkong Code of Civil Procedure, shall apply to such suit.
(3.) Where a complaint is made to the Governor that a British or Colonial ship is unsafe, he may, if he thinks fit, require the complainant to give security to his satisfaction for the costs and compensation which he may incur as hereinafter mentioned and any suit that may be necessary to enforce such security may be instituted in the name of the Attorney General for and on behalf of the Governor.
Provided that where the complaint is made by one-fourth, being not less than three of the seamen belonging to the ship, and is not, in the opinion of the Governor, frivolous or vexatious, such security shall not be required, and the Governor shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascer taining whether the ship ought to be detained under this Ordinance.
(4.) An order for the detention of a ship provisional or final and an order varying the same, shall be served as soon as may be on the master of the ship.
(a.) When a ship has been detained under this Ordi- nance, she shall not be released by reason of her British or Colonial register being subsequently closed.
(6.) For the purposes of a survey under this Ordinance, any person authorized to make the same may go on board the ship and inspect the same and every part thereof, and the machinery, equip- ments and cargo, and may require the unloading or removal of any cargo, ballast, or tackle. (c.) The provisions of "The Merchant Shipping Act 1854," with respect to persons who wilfully impede an Inspector, shall apply as if those provisions were herein enacted, with the sub- stitution for the Inspector of any member of the Court of Survey, Assessor, or Surveyor, who, under this Ordinance, has the same powers as an Inspector or has authority to survey a ship.
Foreign Ships, Overloading.
10. Where a foreign ship has taken on board all or any part of her cargo at a port in the Colony, and is whilst at that port unsafe by reason of overloading or improper load- ing, the provisions of this Ordinance with respect to the detention of ships shall apply to that foreign ship as if she were a British ship, with the following modifications:-
(a.) A copy of the order for the provisional detention of the ship shall be forthwith served on the Consular Officer for the State to which the ship belongs.
(b.) Where a ship has been provisionally detained, the Consular Officer, on the request of the owner, or agent, or master of the ship, may require that the person (if any) appointed by the Gov- ernor to survey the ship shall be accompanied by such person as the Consular Officer may se- lect, and in such case, if the Surveyor and such person agree, the Governor shall cause the ship to be detained or released accordingly; but if they differ, the Governor may act as if the re- quisition had not been made, and the owner, or agent, and master shall have the appeal to the Court of Survey touching the report of the Surveyor which is before provided by this Or- dinance; and
(c.) Where the owner, or agent, or master of the ship appeals to the Court of Survey, the Consular Officer, on the request of such owner or master, may nominate any competent person or persons to be a member or members of the Court of Survey, not exceeding two.
In this section the expression "Consular Officer" means any Consul-General, Vice-Consul, Consular Agent, or other Officer recognised by the Governor as a Consular Officer of a foreign State.
Power to require from complainant security for costs.
(Ibid. sub-8.3.)
Supplement- ary provision. as to detention of ships. (Ibid. sub-s. 4.)
Application to foreign shipa of provisions as to deten- tion.
(Ibid. sec. 10.)