102
THE HONGKONG GOVERNMENT GAZETTE, 7TH MARCH, 1874.
Title.
Preamble.
suspected of being unsea- worthy.
HONGKONG.
ANNO TRICESIMÒ SEPTIMO
VICTORIA REGINE
SIR ARTHUR Edward Kennedy, K.C.M.G., C.B., Governor and Commander-in-Chief.
No. 1 of 1874.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to empower the Governor to exercise certain Powers under "The Merchant Shipping Act, 1873."
[5th March, 1874.]
which are exercised under
HEREAS it is expedient to give similar Powers to the
Sections XII and XIII of "The Merchant Shipping Act, 1873," by the Board of Trade: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:- Survey of Ships I. Where the Governor has received a Complaint or has Reason to believe that any British Ship is, by reason of the defective Con- dition of her Hull, Equipments, or Machinery, or by reason of [M. S. A. 73, overloading or improper Loading, unfit to proceed to Sea without serious Danger to human Life, he may, if he thinks fit, appoint some competent Person or Persons to survey such Ship, and the Equipments, Machinery and Cargo thereof, and to report thereon to the Governor.
Para. 12.]
Costs of Survey.
Any Person so appointed may, for the Purposes of such Survey, require the Unloading or Removal of any Cargo, Ballast, or Tackle and shall have all the Powers of an Inspector appointed under “The Merchant Shipping Act, 1854."
Any Person who (having Notice of the Intention to hold such Survey) wilfully does or causes to be done any Act by which the Person appointed to make such Survey is prevented from or obs- tructed in ascertaining the Condition of the Ship, her Equipments, Machinery and Cargo, shall be liable to a Penalty not exceeding Fifty Pounds.
The Governor may, if he thinks fit, order that any Ship be detained for the Purpose of being surveyed under this Section, and thereupon the Harbor Master may detain such Ship until her Release be ordered either by the Governor or by any Court to which an Appeal is given under this Ordinance.
Upon the Receipt of the Report of the Person making any such Survey, the Governor may, if in his Opinion the Ship cannot pro- ceed to Sea without serious Danger to human Life, make such further Order as he may think requisite as to the Detention of the Ship, or as to her Release, either absolutely or upon the Perform- ance of such Conditions with respect to the Execution of Repairs or Alterations, or the Unloading or Reloading of Cargo, as the Governor may impose. He may also, from Time to Time, vary or add to such Order.
A Copy of any such Order and of the Report upon which it was founded, and also of any Variation of, or Addition to, such Order, shall be delivered as soon as possible to the Owner or Master of the Ship to which it relates.
When a Ship has been detained under this Section, she shall not be released by reason of her British Register having been closed.
II. If upon the Survey of a Ship under this Ordinance, she is re- [M. S. A. 73, ported to have been at the Time of the Survey, having regard to the Para. 13.]
Nature of the Service for which she was then intended, unfit to proceed to Sea without serious Danger to human Life, the Ex- penses incurred by the Governor in respect of the Survey shall be paid by the Owner of the Ship to the Governor and shall, without Prejudice to any other Remedy, be recoverable by him in the same Manner as Salvage is recoverable.
If upon such Survey the Ship is not reported to have been unfit to proceed to Sea, having regard to the Nature of the Service for which she was intended, the Governor shall be liable to pay Com- pensation to any Person for any Loss or Damage which he may have sustained by reason of the Detention of the Ship for the Purpose of Survey, or otherwise in respect of such Survey.
Where a Complaint has been made to the Governor that a Ship is not fit to proceed to Sea, he may, if he thinks fit, before ordering a Survey of the Ship, require the Complainant to give or provide such Security as he may think sufficient for the Payment of the Costs and Expenses which he may incur in respect of the Survey of the Ship and of the Compensation which he may be rendered liable to pay for Loss or Damage caused by her Detention for the Purpose of such Survey, or otherwise in respect of such Survey.
: