96
No. 10 of 1899.
Table G.
MERCHANT SHIPPING.
1
the case) upon which the said investigation has been ordered. further give you notice to produce to the Court your certificate, the log books of the vessel and any document relevant to the case which may be in your possession.
. 19
. at
A.M.
The Court will assemble at the Harbour Office on the day of
Dated at Victoria, Hongkong, this
day of
19
Stipendiary Magistrate and President of the Court.
No. 3. Summons to Person Charged.
To
of
Whereas a charge of
been brought against you by
bas
And whereas the Governor has appointed a Marine Court to inquire into such charge:
These are therefore to require you personally to be and appear on the
day of
o'clock in the forenoon
at
at the Harbour Office before the said Court to answer the said charge bringing with you your certificate as
MERCHANT SHIPPING.
No. 10 of 1899.
97
2. Immediately on the filing of the notice of appeal, the Harbour Table H. Master shall inform the Governor, and, if the ship is a foreign ship, Proceedings the Harbour Master shall give notice to the consular officer for the for obstitu ting Court. State to which the ship belongs, and such consular officer may nominate one person to act as a member of the Court of Survey, whose name shall be submitted to the Governor at the same time.
3. When the Governor has issued his warrant constituting the Court, Summoning the person appointed to be the president of the Court, hereinafter re- of Court. ferred to as the president, shell summon the Court in form 2 in the appendix to these rules.
4. If the survey has been made on the complaint of any person Notice to hereinafter called the complainant, the president shall send to him complainant
of hearing. notice of the time and place appointed for the hearing.
5. Previous to the hearing, the Governor shall forward to the presid- Forwarding ent, to be produced as evidence at the hearing, an official copy of the copy of report. report of the Surveyor.
6. The Court shall, if practicable, be summoned to hear the appeal Time for on a day not later than 14 days from the filing of the notice of appeal. hearing.
7. The Governor and the appellant shall be parties to the proceed Parties to ings.
proceedings.
Filing of notice of
appeal.
To
Dated at Victoria, Hongkong, this
day of
19
Stipendiary Magistrate and President of the Court.
No. 4. Summons to Witnesses.
of
Whereas a Marine Court has been appointed to
and it appears that you are likely to be able to give material evidence to the said Court:
19
This is therefore to summon you to he and appear before the said Marine Court on the
day of
at a.m., at the Harbour Office to testify what you shall know concerning the
19
!
matter.
Dated at Victoria, Hongkong, this
day of
Stipendiary Magistrate and President of the Court.
Table H.
[as. 10 (12) & 20 (2).] GENERAL RULES FOR COURT OF SCRVEY.
1. Where the owner or master of a ship, hereinafter called the appellant, desires to appeal to the Court of Survey, he shall file at the Harbour Master's office a notice in form I in the appendix to these rules.
As amended by G. N. 189 of 1906.
8. Any other person, may, by permission of the president of the Parties by
permission. Court, be made a party to the proceedings.
9. At the hearing, the person representing the Governor shall first Proceedings call his witnesses, and, having done so, shall state in writing what on behalf of
Governor: order be requires the Court to make.
10. The complainant, if he has appeared, shall then call his witnesses by complain. and having done so, shall state in writing what order he requires the ant; Court to make.
11. The appellant shall then call his witnesses, and, having done so, by appellant. shall state in writing what order he requires the Court to make.
12. After the appellant has examined all his witnesses, the person Witnesses in representing the Governor and the complainant may, on cause shewn reply. to the satisfaction of the Court, call further witnesses in reply.
13. After all the witnesses have been examined, the Court shall first Addresses of bear the appellant, then the complainant (if any), and afterwards the parties, person representing the Governor.
14. The president may adjourn the Court from time to time and Adjournment. from place to place, as may be most convenient.
15. The president shall deliver the decision of the Court in writing; Delivery of and the same may be sent or delivered to the respective parties, and it decision. shall not be necessary to hold a Court merely for the purpose of giving the decision.
16. As soon as possible after the Court has come to its decision, the Release or Court shall issue an order for the release or detention (either finally or detention of
vassal. on condition) of the vessel in form 3 in the appendix to these rules.
571