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THE HONGKONG GOVERNMENT GAZETTE, 14TH JANUARY, 1871
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[M.S.A. 1976, Bec. 10.]
Liability of the Governor and ship Owner for
costs and
damages.
[MLS.A. 1976, Bee. 11.) Power to
requi from cory lainaus
security for
costs.
[M.S.A. 1876, Sec. 12.1 supplement- aty provisiona as to detention
of ships.
(c.) Where a ship has been provisionally detained, the owner, or agent, or master of the ship, at any time before the person appointed under this section to survey the ship makes such survey, may require that be shall be accompanied by such person of nautical, engineering, or other special skill and experience to be approved by the Governor as the owner, or agent, or master may select, and in such case, if the Surveyor and Assessor agree, the Gov- ernor shall cause the ship to be detained or re- leased accordingly, but if they differ, the Governor may act as if the requisition had not been made, and the owner, or agent, and master shall have the like appeal touching the report of the surveyor as is before provided by this section.
(f) Where a ship is provisionally detained, the Gov- einor may at any time, if he thinks it expedient, refer ti e mattor to the Court of Survey.
(9.) The Governor may, at any time, if satisfied that a ship detained under this Ordinance is not unsafe, order her to be released either upon or without any conditions.
2. If it appears that there was not reasonable and proba- ble cause, by reason of the condition of the ship or the act or default of the owner or agent, for the provisional deten- tion of the ship, the Governor shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey.
If a ship is finally detained under this Ordinance, or if it appears that a ship provisionally detained was, at the time of such detention, unsafe within the meaning of this Ordi- nance, the owner of the chip shall be liable to pay to the Governor his costs of and incidental to the detention and survey of the ship, and those costs shall, without prejudice to any other remedy, be recoverable in a summary way before any Stipendiary Magistrate.
For the purposes of this Ordinance the costs of and inci- dental to any proceeding before a Court of Survey and a reasonable amount in respect of the remuneration of the Surveyor of the Governor shall be deemed to be part of the costs of the detention and survey of the ship, and any dispute as to the amount of costs under this Ordinance may be referred to the Registrar of the Supreme Court, who, on request made to him for that purpose by the Governor, shall ascertain and certify the proper amount of such costs.
An action for any costs or compensation payable by the Governor under this section shall be brought against the Attorney General in a suit instiluted by the plaintiff as claimant against "The Attorney General” as defendant, and the provisions of subscetioas 2, 3, 4, & 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.
Provided that where the complaint is made by one-fourth, being aot less than three, of the seamon 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.
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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.
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(b.) For the purposes of a survey under this Ordinance, any person authorised to make the same may go on board the ship and inspect the same and every part thereof, and the machinery, equipments and cargo, and may require the unloading or removal of any cargo, ballast, or tackle.
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