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THE HONGKONG GOVERNMENT GAZETTE, 14TH JULY, 1860.
T
Preamble.
Constitution of Marine Court.
Cases in which In- quiries are to be in-
HONGKONG.
ANNO VICESIMO QUARTO VICTORIÆ REGINÆ.
No. 11 of 1860.
By His Excellency SIR HERCULES GEORGE ROBERT ROBINSON, Knight, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong.
An Ordinance to constitute a Marine Court of Inquiry in Hongkong.
[10th July, 1860.]
Whereas it is expedient to constitute a Tribunal within this Colony with Authority to make Inquiry into Charges of Incompetency or Misconduct on the part of Masters and Mates of Ships, and as to Casualties affecting Ships: Be it, therefore, enacted and ordained by Ilis Excellency the Governor of Hongkong, with the Advice of the Legis, lative Council thereof, as follows:-
I. It shall be lawful for the Governor, from Time to Time, and whensoever occasion shall arise or require, by Warrant under his Hand and Seal, to appoint Five Persons to form a Court, which shall be called "The Marine Court;" and such Court shall consist of the Chief Magistrate, and Harbour Master, for the Time being, an un-Official Justice of the Peace, and two other Persons, who shall be both, or either of them, Government Marine Surveyors, or Master Mariners.
II. In any of the Cases following, (that is to say,) Whensoever a Charge of Incompe- stituted by such tency or Misconduct shall be brought by any Person against any Master or Mate of a -
British Ship;
Cont.
Power of Court to compel Attendance of,
Whenever any Ship is lost, abandoned, or materially damaged, on or near the Coasts
of the Colony of Hongkong;
Whenever any Ship causes Loss or material Damage to any other Ship on or near
such Coasts;
Whenever, by reason of any Casualty happening to or on board of any Ship on
or near such Coasts, Loss of Life ensues;
Whenever any such Loss, Abandonment, Damage, or Casualty happens elsewhere and any competent Witnesses thereof arrive or be found at any Place in the said Colony;
It shall be lawful for such Court to hear and inquire into any such Charge of Incompetency or Misconduct, and to make Inquiry respecting such Loss, Abandonment, Damage or Casualty; and for such Purposes they shall have the Powers given by the First Part of the "Merchant Shipping Act 1854" to Inspectors appointed by the Board
of Trade.
III. The said Court shall, so far as relates to the Summoning of Parties, compel- Parties, Witnesses, &c ling the Attendance of Witnesses, the Regulation of the Proceedings, and the Enforce- ment of Penalties, have the same Powers as are vested in the Court of Petty Sessions or in the Chief or Assistant Magistrate in Proceedings relating to an Offence or Cause of Complaint upon which such Court of Petty Sessions or Magistrate has Power to make a summary Conviction or Order, or as near as Circumstances will permit.
Report of Court to
Trade.
*
IV. Upon the Conclusion of the Case, the said Court shall send a Report to the he sent to Board of Board of Trade containing a full Statement of the Case and of their Opinion thereon, ac- compained by such Reports of or Extracts from the Evidence, and such Observations (if any) as the Court may think fit.
vestigations.
Costs of such In- V. The said Court may make such Order with respect to the Costs of any such In- vestigation or any Portion thereof as they may deem fit, and such Costs shall be paid ac- cordingly, and shall be recoverable in the same Manner as Costs in Summary Proceedings before the Court of Petty Sessions or before the Chief or Assistant Magistrate.
Masters and fates may be required to
inquiry.
VI. The said Court may, if they think fit, require any Master or Mate possessing deliver Certificates to a Certificate of Competency or Service whose Conduct is called in Question, or appears to be held till close of them likely to be called in Question in the course of such Investigation, to deliver such Certificate to them; and they shall hold the Certificate so delivered until the Conclusion of the Investigation, and shall then either return the same to such Master or Mate, or, if their Report is such as to enable the Board of Trade to cancel or suspend such Certificate under the Powers given to such Board by the Third Part of the "Merchant Shipping Act 1854," shall forward the same to the Board of Trade, to be dealt with as such Board thinks
fit: and if any shall incur a F
VII. Pro affect in any V the same may
Passed th th
By His E and Cominand Adiniral of the
An Ordinance
Whereas
a
of providing ar and it is neces: Be it, therefor with the Advic
I.. A Sum venue of this ( City of Victori charged upon 1 curred in and: lency the Gove Sum or Sums, think fit.
II. In cas in addition to it shall be law such Sum or hereinafter auf annexed.
III. Ever shall be redeen determine: P be given to the appropriate out to carry out s to the Amour exceed in the y
IV. Upor yearly on the C trict of Victoria late" estimat perty set forth visions of the ( Appeal, shall e
V. The st place, in main fed therewith; been borrowed the Interest ac neral Revenue