32
THE HONGKONG GOVERNMENT GAZETTE, 14TH JANUARY, 1880.
Constitution
power and . procedure of
Court of
Survey.
sec. 7 & 8.]
(M. 6. A. 1875,
Bales for pro- cedure of Court of Survey, &c. [M. S. A. 1876, sec. 9.)
Court may order parment of costs of any investigation.
Jurisdiction
of the Vice- Admiralty Court not to be affected.
YM, S. A. 1876,
Bec. 14)
10. The Court shall also be a Court of Survey, and when sitting as a Court of Survey the following provisions shall have effect:-
(a.) The case shall be heard in open Court. (b.) Each member of the Court may survey the ship
and shall have for the purposes of this section all the powers of an Inspector appointed by the Board of Trade under the "Merchant Shipping Act, 1854."
(c.) The Court may appoint any competent person or persous to survey the ship and report thereon to the Court, and such person or persons in case of disagreement may be appointed by a majority of the members.
(d.) The Court shall have the same power as the Governor has to order the ship to be released or finally detained, but unless a majority of the main- bers of the Court concur in an order for the deten- tion of the ship, the ship shall be released. (e.) The owner or agent and master of the ship and any person appointed by the owner or agent or master, may attend at any inspection or survey made in pursuance of this section.
11. The Governor in Council may, from time to t'me, make and when made' revoke, alter and add to general rules to carry into effect the provisions of this Ordinance with res- pect to a Court of Survey, and in particular with respect to the summoning of and procedure before the Court, the re- quiring on an appeal under section 9, subsection (d) security for costs and damages, the amount and application of fees and the publication of the rules.
12. All such rules, while in force, shall have effect as if enacted in this Ordinance, and the expression "prescribed" in the provisions of this Ordinance relating to the detention of ships or Court of Survey means prescribed by such rules. 13. The Court may make such order with respect to the costs of any investigation under this section as they think fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as costs in suminary pro- ceedings before any Police Magistrate.
14. Nothing in this section contained shall be deemed to affect in any way the jurisdiction of the Vice-Admiralty Court of Hongkong.
Appeal on refusal of certain Certificates to Ships. XIV. If a ship-owner feels aggrieved:-
(a.) By a declaration of a Government Surveyor or Surveyors under sub-section S of section V of this Ordinance, or by the refusal of a Surveyor to give the said declaration; or
(b.) By the refusal of a certificate of clearance for an emigrant ship under the "Chinese Passengers' Act, 1855, or the Ordinances relating thereto;" or (c.) By the refusal of a certificate of clearance under
this Ordinance,----
the owner, charterer, master, or agent may appeal in the prescribed manner to the Court of Survey. The Court may make such order with respect to the costs of any such investigation as they think fit, and such costs shall be paid accordingly, and shall be recoverable in the same manuer as costs in summary proceedings before any Police Magistrate.
2. On such appeal, the Court of Survey shall report to the Governor on the question raised by the appeal, and the Governor, when satisfied that the requirements of the re- port and the provisions of the enactments have been complied with, may give the certificates required.
3. Subject to any order made by the Court, the costs of and incidental to an appeal under this section shall follow the event.
4. Subject as aforesaid, the provisions of this Ordinance with respect to the Court of Survey and appeals thereto, so far as consistent with the tenour thereof shall apply to the Court of Survey when sitting under this section, and to ap- peals under this section.
5. Where the survey of a ship is made for the purpose of a declaration or certificate under the said enactments, the person appointed to make the survey shall, if so required by the owner, charterer, or agent, be accompanied on the survey by some competent person appointed by the owner, charterer, or agent, to be approved by the Governor, and in such case, if the said two persons agrec, there shall be no appeal to the Court of Survey in pursuance of this section.