1953-HKRS29-8-20_Part02 — Page 8

Regulations

as to pro- cedure, fees, etc.

Rerula- tions, Table 8.

36

(2) Each member of the court shall either sign the report made on any investigation under this Part or report to the Governor his reasons for dissent therefrom.

[18(15)

85. (1) The Governor in Council may by regulations pres- cribe and provide for carrying into effect the enactments relating to formal investigations into casualties and into charges of in- competency or misconduct, and in particular, with respect to the procedure, the parties, the persons allowed to appear, the notice to such parties and persons or to persons affected, and the amount and application of fees.

[19(18)

(2) For the purposes of this Part a marine court shall have all the powers of a magistrate sitting under the Magistrates (Cap. 287). Ordinance.

(3) Every formal investigation shall be conducted in such a manner that, if a charge is made against any person, he shall have an opportunity of making a defence.

(19(10)

Report to 58. When any steamship has sustained or caused any Director of accident occasioning loss of life or serious injury or material

accident

to ship. Pr. Act, 9. 425.

Constitu- tlon,

damage to property or has received any material damage affecting the seaworthiness or the efficiency thereof, either in the hull or in any part of the machinery, the master shall, within twenty-four hours after the happening of the accident or damage or as soon thereafter as possible, report the same by letter to the Director, and in default without reasonable excuse therefor he shall be liable to a fine of five hundred dollars.

[19A

57. (1) The Governor whenever occasion may arise may appoint a court of survey in the same manner and composed of the same persons as in the case of a marine court, and in such of court of case the following provisions shall have effect-

powers and

procedure

SUTYBY.

[cf. pr.

Act,

s. 188.]

(a) the case shall be heard in open court;

(b) each member of the court may survey the ship, and shall have for such purpose all, the powers of an inspector appointed by the Minister under the Merchant Shipping Acts;

(c) the court may order the ship to be surveyed and may appoint any competent person to survey the ship and report thereon to the court and such person may in case of disagreement be appointed by a majority of the members;

ST

(d) the court shall have the same power as the Governor has to order the ship to be released or finally detained, but unless a majority of the members concur in an order for the detention of the ship the ship shall be released; and (e) the owner or agent and the master of the ship and any person appointed by the owner, agent or master, may attend at any inspection or survey made in pursuance of this section.

[20(1)

(a) The Governor in Council may by regulations prescribe and provide for carrying into effect the provisions of this Ordin- ance with respect to a court of survey and appeals thereto, and in particular with respect to the summoning of and procedure before the court, the requiring of security for costs and damages Rogula- on as appeal under section 28 or section 44, and the amount and tions, application of fees.

[20(2)

(3) The court may make such order with respect to the costs of any investigation under this Part as it may think fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as a civil debt under the Magistrates Ordinance.

Table 7.

[20(3) (Cap. 221.)

(4) Nothing in this Part shall be deemed to affect in any way the admiralty jurisdiction of the Supreme Court. [20(4)

PART IX.

REGULATION AND CONTROL OF Ports and Waters.

of ports..

58. The Governor may declare by notification certain places Declaration in the waters of the Colony to be ports, and no master of any and prohi ship or junk shall, except from stress of weather or some other bition of sufficient cause, anchor at any other place in the waters of the ship or Colony without the written permission of the Director.

junk [21 Dachoring elsewhere.

59. (t) The master of every vessel arriving within signal- Signalling ling distance of any signal station shall hoist the national colours statione. and (if one shall exist) the house flag and the signal letters of the ship, and shall identify the vessel to such station by visual signals. He shall also hoist the national colours of the vessel when entering or leaving any port of the Colony.

[22(1)

(2) The signal stations shall be Waglan, Green Island, and such signal stations in substitution therefor or in addition thereto as shall be notified by the Governor in the Gazette. [22(1)