1496 ORDINANCE No. 8 OF 1879 .
Merchant Shipping .
An action for any costs or compensation payable by the Governor
under this section shall be brought against the Attorney General in a suit
instituted by the plaintiff as claimant against " The Attorney General "
as defendant, and the provisions of subsections 2 , 3 , 4 , and 5 , of section
83, chapter 14 , of the Hongkong Code of Civil Procedure shall apply to
such suit.
[M.S.A. 1876, 3. Where a complaint is made to the Governor that a British or
sec. 11.]
Power to Colonial ship is unsafe, he may, if he thinks fit , require the complainant
require from
complainant to give security to his satisfaction for the costs and compensation which
security for
costs. he may incur as hereinafter mentioned .
Provided that where the complaint is made by one-fourth, being not
less that three, of the seamen belonging to the ship , and is not , in the
opinion of the Governor, frivolous or vexatious , such security shall not
be required, and the Governor shall, if the complaint is made in sufficient
time before the sailing of the ship, take proper steps for ascertaining
whether the ship ought to be detained under this Ordinance.
[M.S.A. 1876, 4. An order for the detention of a ship provisional or final and an
sec. 12. ]
Supplement order varying the same, shall be served as soon as may be on the master
ary provisions
astodetention of the ship .
of ships.
(a. ) When a ship has been detained under this Ordinance, she
shall not be released by reason of her British or Colonial
register being subsequently closed .
(b. ) For the purposes of a survey under this Ordinance , any
person authorised to make the same may go on board
the ship and inspect the same and every part thereof,
and the machinery, equipments and cargo , and may
require the unloading or removal of any cargo, ballast ,
or tackle.
(c. ) The provisions of the " Merchant Shipping Act, 1854 ,"
with respect to persons who wilfully impede an inspector ,
shall apply as if those provisions were herein enacted ,
with the substitution for the inspector of any member
of the Court of survey, assessor , or surveyor , who,
under this Ordinance, has the same powers as an inspector
or has authority to survey a ship.