1953-HKRS28-8-20_Part02 — Page 7

(Cap. 4. rales.)

Power to require

costs from complain-

ant

30

(3) For the purposes of this Ordinance, the costs of and incidental to any proceeding before a court of survey and a reasonable amount in respect of remuneration of the surveyor appointed under subsection (3) of section 44 shall be part of the costs of the detention and survey of the ship. Any dispute as to The amount of costs under this Ordinance may be referred to the Registrar of the Supreme Court, who on request made to him for that purpose by the Governor shall ascertain and certify the proper amount of such costs.

[17(6)

(4) A claim for any costs or compensation payable by the Government under this section may be brought against the Attorney General in an action brought by the plaintiff as claimant against the Attorney General as defendant, and the provisions of the rules of court relating to actions against the Government shall apply to such action.

[17(6)

46. Where a complaint is made in the Governor that a British security for ship is unsafe, he may require the complainant to give security to his satisfaction for the costs and compensation which may be incurred by the Government and any action that may be noceSSITY TeApp. Act, to enforce such security may be brought in the name of the $.481.1

Attorney General: Provided that where the complaint is made by one-fourth, being not less than 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.

[17(7)

Supple. mentary provisions an to detention of ships.

Tek pr. Act. 8.462.1

47. (1) An order for the detention of a ship, whether provisional or final, and an order varying the same, shall be served as soon as may be on the master of the ship.

[17(8)

(2) A ship which has been detained under this Ordinance shall not be released by reason of the British register of such ship being subsequently closed.

[17(8) (3) For the purposes of a survey under this Part, any person authorized to make the same may go on board the ship and inspect the same and every part thereof and the machinery, equipment and cargo, and may require the unloading or removal of any cargo, ballast or tackle.

[17(8)

(4) The provisions of the Merchant Shipping Acts 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 section, has the same powers as an inspector or has authority to survey a ship.

[17(8)

31

As to de-

48. (1) When a foreign ship whilst in the waters of the Application Colony is unsafe by reason of the defective condition of the hull, ships of

to foreign equipments or machinery, or by reason of undermanning or of provisions overloading or improper loading, the provisions of this Ordinance tention. with respect to the detention of ships shall apply to that foreign [ef. pr. Act, ship as if such ship were a British ship, with the modifications 9.462.] contained in this section.

[18

(2) A copy of the order for the provisional detention of the ship shall be forthwith served on the consular officer for the state to which the ship belongs, and if there is no such consular officer on the master of the ship.

[18

(3) Where a ship has been provisionally detained, the con- sular officer on the request of the owner, agent or master of the ship and if there is no such consular officer the owner, agent or master of the ship, may require that the person, if any, appointed by the Governor to survey the ship shall be accompanied by such person as such officer, or owner, agent or master, as the case may be, may select. In such case if the surveyor and such person agree the Governor shall cause the ship to be detained or released accordingly, but if they differ, the Governor may act as if the requisition had not been made and the owner, agent or master shall have the like appeal to a court of survey touching the report of the surveyor as is hereinbefore provided.

[16

(4) Where the owner, agent or master of the ship appeals to the court of survey, the consular officer on the request of such owner, agent or master, or, if there is no such consular officer the owner, agent or master, may nominate any competent person or persons, not exceeding two, to be members of the court of survey,

[18

7. c. 18,

49. Nothing in this Part shall affect any foreign ship not Exemptions. bound to the Colony which comes into the waters of the Colony for [ 6 Edw. any purpose other than that of embarking or landing passengers s. 6.) or taking in or discharging cargo or taking in bunkers. [18A

PART VIII.

MARINE COURTS AND COURTS OF SURVEY.

50. (c) The Governor may whenever occasion may arise in Governor the circumstances detailed in subsection (2) of section 51 by warrant MEY under his hand and the seal of the Colony, form a court (which marine appoint shall be called the marine court) to make investigations as to court;