1981 Ed.]
Merchant Shipping (Safety)
ICAP. 369
39
(8) The Director shall not order a ship to be released under subsection (7) until all the costs of and incidental to detention and survey and re-survey have been paid.
(9) Where a ship has been detained under this section, the Director may, at any time—
(a) refer the matter to a court of survey; or
(b) order the ship to be released upon such conditions as he
may specify.
69. (1) If a court of survey is satisfied that a ship detained under section 68 was not unsafe at the time of detention the Crown shall be liable to pay to the owner of the ship-
(a) his costs of and incidental to the detention and survey of
the ship; and
(b) compensation for any loss or damage sustained by him by
reason of such detention and survey.
(2) If a court of survey is satisfied that a ship detained under section 68 was unsafe at the time of detention the owner, agent or master of the ship shall be liable to pay to the Crown the costs of and incidental to such survey and detention.
(3) For the purposes of this section the costs of and incidental to the detention and survey of a ship shall include-
(a) a reasonable amount in respect of remuneration of—
(i) the surveyor appointed under section 68(2); and (ii) the assessor (if any) approved under section 68(5); and
(b) the costs of proceedings before a court of survey, to be determined, in case of any dispute, by the Registrar of the Supreme Court.
70. Where a complaint is made to the Director that a ship for the time being in Hong Kong is unsafe within the meaning of section 67 he may require the complainant to give such security as the Director may determine for such costs and compensation as the Crown may become liable to pay in respect of the detention and survey of the ship:
Provided that where the complaint is made by one-fourth, not being less than 3, of the seamen belonging to the ship and is not, in the opinion of the Director, frivolous or vexatious--
(a) such security shall not be required to be given; and
(b) the Director shall cause the complaint to be investigated to determine whether he should make an order for the detention of the ship under section 68.
Liability for costs and damages.
Power to require security for costs from complainant.
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