1953-HKRS29-8-20_Part02 — Page 4

29

a mia.

demeanor.

he proves either that he used all reasonable means to ensure the Iaf. pr. Act, ship being sent to sea in a seaworthy state, or that the going to sea in such an unseaworthy state was, in the circumstances, reasonable and justifiable.

B.457.1

Power ta detain un- safe ship. and pro- cedure for

(17(1)

(3) The master of a British ship who knowingly takes the same to sea in such an unseaworthy state that the life of any person is likely to be thereby endangered shall be guilty of a misdemeanor, unless he proves that the going to sea in such an unseaworthy slate was, in the circumstances, reasonable and justifiable.

[17(2)

(3) A prosecution under subsection (1) or (2) shall not be instituted except with the consent of the Governor and a mis- demeanor under such subsections shall not be punishable on summary conviction.

[17(3), (4)

44. (1) Where a British ship being in any port of the Colony is an unsafe ship, that is to say, is, by reason of the defective condition of the hull, equipment or machinery or by reason of such deten- undermanning or of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which the ship is intended. any such ship (hereinafter described as unsafe) may be provi- sionally detained, and afterwards either finally detained or released as provided in this section.

[17(5)

tion.

[of me. Ael,

8.459 (1).1"

(2) The Director or any Government surveyor if he has reason to believe, on complaint or otherwise, that a British ship is unsafe, may order the provisional detention of such ship for a period not exceeding twenty-four hours, and subject to the further provisions of this section the Governor may by order extend such period either indefinitely or for such definite period as he may deem fit.

[17(5)

(3) When a ship has been provisionally detained, there shall be forthwith served on the master of the ship a written statement of the grounds of delcntion, and the Governor may if he thinks fit appoint some competent person to survey the ship and report to him.

[17(6)

(4) The Governor on receiving the report may either order the ship to be released or if in his opinion the ship is unsafe may order the ship to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repairs or alterations or the unloading or reloading of cargo or the manning of the ship as the Governor thinks necessary for

the protection of human life, and he may vary or add to any such order.

(17(8)

(5) Before the order for final detention is made, a copy of the report shall be served on the master of the ship, and within seven days of such service, the owner, agent or master of the ship may appeal in the manner prescribed by regulations to a court of survey constituted under section 57.

[17(5)

In

(6) Where a ship has been provisionally detained, the owner, agent or master of the ship at any time before the person appointed under subsection (3) to survey the ship makes such survey may require that he shall be accompanied by such person of nautical, engineering or other special skill and experience to be approved by the Governor as the owner, agent or master may select. such case, if the surveyor and assessor 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 and master shall have the like appeal touching the report of the surveyor as is before provided by this section.

[17(5)

(7) Where a ship is provisionally detained, the Governor may at any time, if he thinks it expedient, refer the matter to the court of survey.

[17(6)

(8) The Governor may at any time, if satisfied that a ship detained under this Ordinance is not unsafe, order such ship to be released, either upon or without any conditions.

(17(5)

and of

for costs

45. (1) If it appears that there was not reasonable and Liability of probable cause by reason of the condition of the ship or the act or

Government default of the owner or agent for the provisional detention of the ship owner ship under section 44, the Government shall be liable to pay and dam- to the owner of the ship his costs of and incidental to the ages. detention and survey of the ship and compensation for lef. pr. Act,

any 8.460.] loss or damage sustained by him by reason of the detention or survey.

[17(6)

(2) If a ship is finally detained under this Ordinance or if it appears that a ship provisionally detained was at the time of such detention unsafe, the owner of the ship shall be liable to pay to the Government the costs of and incidental to the detention and survey of the ship, and such costs shall without prejudice to any other remedy be recoverable in a summary way before a magistrate.

(17(6)