786
THE HONGKONG GOVERNMENT GAZETTE, 3RD DECEMBER, 1879.
Rules as to procedure, fees, &c.
[M. S. A. 1876, sec. 30.]
Constitution
power and procedure, of Court of
Survey.
[M. S. A. 1876,
sec. 7 & 8.]
Rules for pro- cedure of Court of Survey, &c. [M. S. A. 1876, Bec. 9.]
Court may order payment of costs of any investigation.
Jurisdiction
of the Vice- Admiralty Court not to be affected.
[M. E. A. 1876, Bec. 14.]
7. The Governor in Council may, from time to time, make and when made revoke, alter and add to general rules for carrying into effect the enactments relating to formal investigation into shipping casualties and in particular with respect to the procedure, the parties, the persons allowed to appear, the notice to such parties and persons, or to persons affected, and the amount and application of fees.
8. All such rules while in force shall have effect as if enacted by this Ordinance.
9. Every formal investigation in a shipping casualty shall be conducted in such a manner that if a charge is made against any person that person shall have an opportunity of making a defence.
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 persons to survey the ship and report thereon to the Court, and such person or persons in case of disagreement to 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 mem- 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 time, ma ke 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 sub-section (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 such investigation as they think fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as costs in summary proceedings 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 8 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.
1. 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 manner 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.