THE HONGKONG GOVT GAZETTE EXTRAORDINARY. 9TH DEC., 1891.
(6.) The Magistrates shall have and may exercise the aforesaid powers of forfeiture and disposal, notwithstanding that the owner of the goods has not committed any offence under the provisions of this section relating to dangerous goods, and be not before the Court, and has not no- tice of the proceedings, and notwithstanding that there be no evidence to show to whom the goods belong; never- theless the Magistrates may, in their discretion, require such notice to be given to the owner or shipper of the goods before the same are forfeited.
(7.) The provisions of this section relating to the car- riage of dangerous goods shall be deemed to be in addition to, and not in substitution for, or in restraint of, any other enactment for the like object, so nevertheless that nothing in the said provisions shall be deemed to authorize that any person be sued or prosecuted twice in the same matter.
CHAPTER III.
MARINE COURTS AND COURTS OF SURVEY.
13. (1.) It shall be lawful for the Governor, from time to time and whensoever occasion shall arise or require, by Warrant under his hand and seal of the Colony, to form a Court, which shall be called "The Marine Court"; and such Court shall consist of not more than five or less than three members, of whom one shall be a Stipendiary Ma- gistrate and President of the Court, and one (or more if possible), a Commissioned Officer in the Royal Navy and the remainder masters of the mercantile marine, or such persons of nautical, engineering or other special skill or knowledge as the Governor may think fit to appoint: Provided always that where any such investigation involves or appears likely to involve any question as to the cancelling or suspension of the certificate of a master, mate, or engineer, the Court shall include not less than two members having experience in the mercantile marine.
(2.) Each of the unofficial members of such Court shall be paid, out of the Colonial Treasury, the sum of $5 a day, or such other sum as the Governor may, in any special case, direct during each day that such Court shall hold its sitting.
(3.) In any of the following cases, that is to say :----
(a.) Whensoever any charge of incompetency or mis- conduct shall be brought by any person against any master, mate, or engineer of a British ship; (b.) Whenever any ship is lost, abandoned, stranded, or damaged on or near the coasts of the Colony; (c.) Whenever any ship causes loss or damage to any
other ship, on or near such coasts;
(d.) Whenever by reason of any casualty happening to, or on board of any ship, on or near such coasts, loss of life ensues;
(e.) Whenever any such loss, abandonment, stranding, damage, or casualty happens elsewhere, and any competent witness thereof, arrive at, or be found at, any place in the said Colony; (f) Whenever a British ship has been lost, or is sup- posed to be lost, and any evidence can be obtained in the Colony as to the circumstances under which she proceeded to sea or was last heard of;
It shall be lawful for such Court to hear and inquire into any such charge of incompetency or misconduct, and to make inquiry respecting such loss, abandonment, stranding, damage, or casualty, and for such purposes, it shall have the powers given by the first part of "The Merchant Ship- ping Act, 1854," to Inspectors appointed by the Board of Trade, and the powers given by section 23 of "The Mer- chant Shipping Act Amendment Act, 1862," and the Court shall be governed by the rules of the said last mentioned section, subject to the further requirements of this Ordi- nance, or of any Imperial Act or local Ordinance which may be from time to time, enacted.
(4.) Such Court may also exercise the following fur- ther powers:
(a.) It may, if unanimous that the safety of the ship or crew, or the interest of the owner, absolutely requires it, supersede the master of
any British ships then being within the waters of the Colony, and may appoint another person to act in his stead; but no such appointment shall be made without the consent of the consignee of the ship if within the Colony;
The Court may proceed in absence of the owners. (Ibid. sub-s. 6.)
Saving as to dangerous goods Ürdinance. (Ibid. sub-s.7.) (See No. 8 of 1873 and No. 19 of 1890.)
Constitution of Marine Court. (Ibid. 8.113.)
Unofficial
members of Court to be remunerated. (Ibid. sub-s.2.)
Cases where Inquiries are to be Instituted. (Ibick sub-s. B.)
Powers of Court.
Further
powers of Court,
(1 bid.
sub-6. 4.)
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