1953-HKRS29-8-20_Part01 — Page 45

Authenticated Laws 確真本香港法例 All

Pr. Act.

281, (1), (2).

Appeal to court of

survey. La/. pr. Act. 6.276 (1).)

(18 & 19 Vict. c.104.) (30 of 1915.)

Regula- tlone, Table 7.

[cf. pr. Act, $.275 (2).]

20

(4) Such certificate in duplicate, when completed, shall be delivered by the Director to the owner, agent or master applying for the same subject to payment of the fee and other sums, if any, payable in that behalf,

[10(11)

(5) The owner, agent or master of every such ship shall, upon the transmission of any such certificate as aforesaid to him or his agent, cause one of the duplicates thereof so transmitted to be exhibited in some conspicuous part of the ship so as to be visible to all persons on board the same, and shall cause it to continue to be exhibited so long as it remains in force and such ship is in use. In default such owner, agent or master shall be liable to a fine of five hundred dollars.

[10(20)

28. (1) If an owner, agent or master is aggrieved- (a) by a declaration of a surveyor or surveyors under this Part, or by the refusal of a surveyor to give the said declaration; or

(b) by the refusal of a certificate of clearance for an emigrant ship under the Chinese Passengers Act, 1855, or the Asiatic Emigration Ordinance, 1915; or

(c) by the refusal of a certificate of clearance under this

Ordinance,

the owner, agent, master or charterer may appeal, in manner prescribed by regulations, to a court of survey constituted under this Ordinance, and upon the constitution thereof by the Governor such court may make such order with respect to the costs of any such investigation as it thinks fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as costs io summary proceedings before any magistrate.

[10(12)

(2) On such appeal, the court of survey shall report to the Governor on the question raised by the appeal, and the Governor, when satisfied that the requirements of the report and the provi sions of the enactments have been complied with, may give the certificates required.

[10(13)

(3) An owner, agent, master or charterer of any ship preferring an appeal under this section or under section 48, may give notice in and by the prescribed notice of appeal that he objects to any marine magistrate being a member of the court of survey, stating the grounds of his objection, and the Director shall forward such notice to the Governor, who may in his discretion direct that such marine magistrate shall not be a member of the court of survey.

[10(10)

21

(4) Subject to any order made by the court of survey, the [ef. pr. Act, costs of and incidental to an appeal under this section shall 8.276 (9).1

[10(14)

follow the event.

casea.

20. Where the survey of a ship is made for the purpose of a No appeal declaration under section 27, the person appointed to make the in certain survey shall, if so required by the owner, agent or charterer, be [ef. pr. Act, accompanied on the survey by some competent person appointed 8.275 (4).) by the owner, agent or charterer, to be approved by the Governor, and in such case, if the said two persons agree, there shall be no appeal to the court of survey as provided by section 28. [10(18)

30. (1) No certificate shall be held to be in force for the Duration of purposes of this Part beyond a period of twelve months from the certificate. date of its issue or any shorter time specified in the certificate; 5.278.)

[ef. pr. Act, and no certificate shall be in force after notice is given by the Governor to the owner, agent or master of the ship to which the same relates that he has cancelled or revoked the same : Provided that if any ship is absent from the Colony at the time of expiry of any certificate granted under this section no penalty shall be incurred under this section until the said ship commences a voyage [ef. pr. Act, after the next return to the Colony.

[1018) 280.1

(2) The Governor may require any certificate which has expired or has been revoked or cancelled to be delivered up as he directs, and every owner, agent or master who, without reasonable cxcuse, refuses or neglects to comply with such requirement shall be liable to a fine of two hundred dollars.

{10(18)

31. (t) The Governor may revoke and cancel any such Governor certificate in any case in which he has reason to believe-

may cancel

certificate

(a) that the declarations of the sufficiency and good condition and require

of the hull, equipments and machinery of the ship have been fraudulently or erroneously made; or

(b) that such certificate has otherwise been issued upon false

or erroneous information; or

(c) that, since the making of such leclarations, the hull, equipments or machinery of the ship has or have sus tained any injury or is or are otherwise insufficient, and in every such case the Governor may require the owner to have the hull, equipments or machinery of the ship again surveyed, and to transmit a further declaration or declarations of the suffi- ciency and good condition thereof, before re-issuing any certificate or granting a fresh one in lieu thereof.

[10(10)

(a) The Governor may revoke and cancel any such certificate in any case in which he has reason to believe that the certificated

fresh de- claration. [s/pr. Act, 6.279.1

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.