46
Opportunity
for defonca.
Constitution,
powers, and
procedure of
Court of Sarvey.
Rules as to procedure, feel, etc.
Table I.
Power to order payment of costs of investigation. No. 3 of 1890.
Saving of
Admiralty
Jurisdiction.
No. 10 of 1899.
MERCHANT SHIPPING.
(19) Every formal investigation shall be conducted in such a man- ner 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;
(e) 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 smmoning of and procedure before the Court, the requir ing 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 Lod
No. 21 of 1912.
HONGKONG.
No. 25 or 1913.
An Ordinance to amend the Merchant Shipping
Ordinance, 1899.
I assent to this Ordinance.
IN
F. H. MAY, Governor.
[8th August, 1918.]
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Connell thereof, as follows:-
545
1. This Ordinance may be cited as the Merchant Ship- Short title. ping Amendment Ordinance, 1913, and shall be read and construed as one with the Merebant Shipping Ordinance, 1899 (hereinafter called the Principal Ordinance) and the Ordinauras amending the same and this Orclinanço and the said Ordinances may be cited together as the Merchant Shipping Ordinances, 1899-1913,
2. Section 39, sub-section (14), of the Principal Onli- Amendment nance a re-enacted by section 4 of the Merchant Shipping of section 39 Amendment Ordinance, 1911, is hereby amended as fol- Ordinance a of Principal low:-
re-enacted]
1911.
(a.) by the insertion of the words "except licensed of Ordinance
by section 4 fishing junks** between the worls and shall in the first line thereof.
'junk" No. 48 of
(4.) by the substitution of a "full stop" for the
" COMMS after the word inclusive " fifth line thereof.
in the
(c) by the deletion of the words "except in the case of a licensed tishing junk which has obtained a special permit from the Harbour Master" in the fifth, sixth and seventh lines thereof.
Passed the Legislative Council of Hongkong, this 7th day of August, 1913.
C. CLEMENTI,
Clerk of Councila.
Assented to by Ilis Excellency the Govenor, the 8th day of August, 1913.
CLAUD SEVERN,
Colonal Secretary.