ORDINANCE No. 8 OF 1879. 1549


Merchant Shipping.


The Stipendiary Magistrate may cause a notice to be served upon any other person
who appears to have been in any way responsible for the casualty ; and any person
having any interest in the investigation, shall , on showing the nature of his interest, have
a right to appear.
3. The proceedings at the investigation shall commence with the examination of
the master, officers, and any other person whether on board the ship or not at the
happening of the casualty, and who can give material evidence in regard thereto.
4. The certificate of the master or of any officer shall not be cancelled unless the
master or officer has had the opportunity of making a defence, and for that purpose he
may produce any witnesses whom he may wish to examine .
5. The presiding member of the Court may adjourn the Court from time to time ,
and from place to place, as may be most convenient .
6. The judgment of the Court shall be given at the end of the proceedings .


APPENDIX.

No. 1.- Notice ofholding a formal investigation.
Το master, mate, engineer or owner of the British steam [ or sailing ] ship
of
In pursuance of the provisions of section 13 of Ordinance 8 of 1879, I hereby give you notice that
the Governor has ordered a formal investigation to be held into the circumstances attending the
and that subjoined hereto is a copy of the report [ or statement of the case], upon
which the said investigation has been ordered.
Dated at Victoria, Hongkong, this day of 188 ·
Stipendiary Magistrate.



General rules for Courts of survey made by the Governor in Council under
sub-section 11 of section 13 of Ordinance 8 of 1879 on the 14th
November, 1882. [ Gazette 18th November, 1882. ]


1. These rules shall be published in the Hongkong Government Gazette, and a
copy shall be kept at the office of the Harbour Master, and may be perused thereat by
the master or owner of any ship which may be provisionally detained under Ordinance 8
of 1879, and by any one deputed by him.
2. 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 office of the Harbour Master a notice
in the form No. 1 in Appendix .
3. Immediately upon the filing of the notice of appeal, the Harbour Master shall
inform the Governor, and if the ship is a foreign ship, the Harbour Master shall give
notice to the Consular officer for the 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.
4. When the Governor has issued his warrant constituting the Court, the person
appointed to be president of the Court, herein after referred to as the president, shall
summon the Court in the form No. 2 in the Appendix .

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