986
No. 10 of 1899.
Opportunity for defence.
Constitution, powers, and procedure of Court of Survey.
Rules as to procedure, fees, etc.
Table H.
Power to order payment of costs of investigation.
No. 3 of 1890.
Saving of Admiralty Jurisdiction.
MERCHANT SHIPPING.
(19) Every formal investigation shall be conducted in such a manner that, if a charge is made against any person, he shall have an opportunity of making a defence.
Courts of Survey.
20.-(1) It shall be lawful for the Governor, whenever occasion may arise, to appoint a Court of Survey in the same manner and composed of the same persons as in the case of a Marine Court, and in such case 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 such purpose all the powers of an inspector appointed by the Board of Trade under the Merchant Shipping Acts;
(c) the Court may order the ship to be surveyed, and may appoint any competent person to survey the ship and report thereon to the Court, and such person may, in case of disagreement, 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 members concur in an order for the detention of the ship, the ship shall be released; and
(e) the owner or agent and the master of the ship, and any person appointed by the owner, agent, or master, may attend at any inspection or survey made in pursuance of this section.
(2) The Governor-in-Council may make general rules for carrying into effect the provisions of this Ordinance with respect to a Court of Survey and appeals thereto, and in particular with respect to the summoning of and procedure before the Court, the requiring on an appeal under section 17 (5) (d) or (e) security for costs and damages, and the amount and application of fees.
(3) The Court may make such order with respect to the costs of any investigation under this section as it may think fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as a civil debt under the Magistrates Ordinance, 1890.
(4) Nothing in this section shall be deemed to affect in any way the Admiralty Jurisdiction of the Supreme Court.
* As amended by No. 50 of 1911, No. 16 of 1912, No. 17 of 1912 and No. 21 of 1912.
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