1981 Ed.]
Merchant Shipping (Safety)
[CAP. 369
41
(i) the loading of the ship;
(ii) the preparing of the ship for sea; or
(iii) the sending of the ship to sea,
shall use all reasonable means to ensure the safety of the ship for the voyage at the time when the voyage commences and to keep it in a safe condition during the voyage.
(2) Nothing in this section shall subject the owner of a ship to any liability by reason of the ship being sent to sea in an unseaworthy state where, owing to special circumstances, the sending of the ship to sea in such a state was reasonable and justifiable.
PART VI
Courts of Survey
74. (1) The Governor may, whenever the occasion may arise, appoint by warrant under his hand and the seal of Hong Kong a court of survey.
(2) A court of survey shall consist of not less than 3 nor more than 5 members, of whom-
(a) one shall be a judge, district judge or magistrate, who shall
preside over the court; and
(b) the remainder shall be masters of the British mercantile marine or persons of nautical, engineering or other special skill or knowledge.
75. (1) All proceedings before a court of survey shall be heard in open court.
(2) Every member of the court may survey the ship subject of the proceedings and, for that purpose, shall have all of the powers conferred by section 115.
(3) The court may order a ship to be surveyed and, for that purpose, may appoint, by majority vote in case of disagreement, any competent person to survey the ship and report thereon to the court.
(4) The court shall have the same powers as are vested in the Director under this Ordinance to order that a ship be released or detained:
Provided that unless a majority of the members of the court concur in an order for the detention of the ship the court shall order that the ship be released.
(5) The owner, agent and master of any ship subject of the proceedings and any person appointed by the owner, agent or master of the ship may attend at any inspection or survey of a ship made or ordered by the court.
Appointment of courts of survey.
Procedure in respect of courts of survey.