ORDINANCE No. 11 OF 1860 . 475
Marine Court of Inquiry.
Whenever any ship causes loss or material damage to any other ship on or
near such coasts ;
Whenever, by reason of any casualty happening to or on board of any ship
on or near such coasts , loss of life ensues ;
Whenever any such loss, abandonment, damage, or casualty happens else
where and any competent witnesses thereof arrive or be found at any
place in the said Colony ;
It shall be lawful for such Court to hear and inquire into any such charge of in
competency or misconduct, and to make inquiry respecting such loss, abandonment ,
damage or casualty ; and for such purposes they shall have the powers given by the
first part of the " Merchant Shipping Act 1854 " to inspectors appointed by the Board
of Trade.
3. The said Court shall, so far as relates to the summoning of parties, compelling Power of Court
to compelattend
ance of parties,
the attendance of witnesses, the regulation of the proceedings, and the enforcement of witnesses, &c.
penalties, have the same powers as are vested in the Court of Petty Sessions * or in the [* See Ord. No. 6
of 1862.]
Chief or assistant Magistrate in proceedings relating to an offence or cause of complaint
upon which such Court of Petty Sessions or Magistrate has power to make a summary
conviction or order, or as near as circumstances will permit.
4. Upon the conclusion of the case, the said Court shall send a report to the Report ofCourt
to be sent to
Board of Trade.
Board of Trade containing a full statement of the case and of their opinion thereon ,
accompanied by such reports of or extracts from the evidence, and such observations
(if any) as the Court may think fit.
Costs of such
5. The said Court may make such order with respect to the costs of any such in investigations.
vestigation or any portion thereof as they may deem fit, and such costs shall be paid
accordingly, and shall be recoverable in the same manner as costs in summary proceed
ings before the Court of Petty Sessions or before the Chief or Assistant Magistrate.
6. The said Court may, if they think fit, require any master or mate possessing a Masters and
mates may be
certificate of competency or service whose conduct is called in question, or appears to required
to deliver certi
ficates to be held
them likely to be called in question in the course of such investigation, to deliver such till close of
inquiry.
certificate to them ; and they shall hold the certificate so delivered until the conclusion
of the investigation , and shall then either return the same to such master or mate, or,
if their report is such as to enable the Board of Trade to cancel or suspend such certi
ficate under the powers given to such Board by the Third Part of the " Merchant Ship
ping Act 1854," shall forward the same to the Board of Trade, to be dealt with as such
Board thinks fit ; and if any master or mate fail so to deliver his certificate, when so
required, he shall incur a penalty not exceeding two hundred current dollars.
7. Provided always, that nothing in this Ordinance contained shall be taken to Jurisdiction of
the Court of
affect in any way the jurisdiction of the Vice- Admiralty Court of Hongkong, howsoever Vice-Admiralty
not to be
affected.
the same may be acquired.
[ Repealed by Ordinance No. 8 of 1879. ]