$74 THE HONGKONG GOVERNMENT GAZETTE, 18TH NOVEMBER, 1882.
GENERAL RULES FOR COURTS OF SURVEY MADE BY THE GOVERNOR IN COUNCIL UNDER SUB-SECTION 11 OF SECTION 13 OF ORDINANCE 8 OF 1879.
1. These Rules shall be published in the Hongkong Government Gazette, and a copy shall be kept at the Office of the Harbour Master, and may be perused thereat by the Master or Owner of any ship which may be provisionally detained under Ordinance 8 of 1879, and by any one deputed by him.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. The Governor and the Appellant shall be parties to the proceedings.
9. Any other person may, by permission of the President of the Court, be made a party to the proceedings.
10. 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.
11. The Complainant, if he has appeared, shall then call his witnesses, and having done so, shall state in writing what order he requires the Court to make.
12. The Appellant shall then call his witnesses, and having done so, shall state in writing what order he requires the Court to make.
13. After the Appellant has examined all his witnesses, the person representing the Governor and the Complainant may, on cause shown to the satisfaction of the Court, call further witnesses in reply.
14. After all the witnesses have been examined, the Court shall first hear the Appellant, then the Complainant (if any), and afterwards the person representing the Governor.
15. The President may adjourn the Court from time to time and from place to place, as may be most convenient.
16. 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.
17. 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.
18. The President shall report to the Governor in the Form No. 4 in Appendix.
19. The Fees, a table whereof is in Appendix (4), shall be demanded and taken in any proceed- ings before a Court of Survey.
In the Matter of the Ship
APPENDIX.
No. 1.—Notice of Appeal.
To the Harbour Master of Hongkong.
Take notice that I, [name and address] the Master [or managing owner or owner of
of the Port of (1.) From the Report of
Ship; or
shares] of the Ship
do appeal,-
the Surveyor appointed by the Governor to survey the said