2
3
Parties to proceed- ings.
Parties by permission.
Proceed- ings on behalf of Governor;
by com- plainant;
by appellant.
Witnesses in reply.
Addresses
8. The Governor and the appellant shall be parties to the proceedings.
9. Any other person may by permission of the president of the court be made a party to the proceedings.
10. At the hearing the person representing the Governor shall first call his witnesses and, having done so, shall state in writing what order he requires the court to make.
11. The complainant, if he has appeared, shall then call his witnesses and, having done so, shall state in writing what order he requires the court to make.
12. The appellant shall then call his witnesses and, having done so, shall state in writing what order he requires the court to make.
13. After the appellant has examined all his witnesses, the person representing the Governor and the complainant may, on cause shown to the satisfaction of the court, call further witnesses in reply.
14. After all the witnesses have been examined, the court
of parties. shall first hear the appellant, then the complainant (if any), and
afterwards the person representing the Governor.
Adjourn. ment
Thelivery of decision.
Release or detention of vessel and report. Forme 3 and J.
Firel appendix.
Fees.
Second
appendix.
15. The president may adjourn the court from time to time and from place to place as may be most convenient.
16. The president shall deliver the decision of the court in writing and the same may be sent or delivered to the respective parties, and it shall not be necessary to hold a court merely for the purpose of giving the decision.
17. As soon as possible after the court has come to its deci- sion the court shall issue an order for the release or detention (either finally or on condition) of the vessel, in the prescribed form and the president shall report to the Governor in the prescribed form similarly prescribed.
18. The forms in the first appendix are prescribed for use under these regulations.
19. The fees a table whereof is in the second appendix to these regulations shall be demanded and taken in any proceedings before a court of survey.
{Fraser,
20. The Court of Survey Regulations promulgated as Rescission. Table H under the Merchant Shipping Ordinance, 1899, are Vol. I. rescinded.
FIRST APPENDIX
FORM 1.
[reg. 18.
(reg. 2.
Notice of Appeal.
In the matter of the ship
To the Director of Marine of Hong Kong.
Take notice that I, (name and address) the master for managing owner of
shares) of the ship
of the part of
do appeal-
(1) From the report of
the surveyor appointed by the Governor to survey the anid ship; or
(2) From a declaration given by
of
Assistant Director of Marine (Ship Surveys) (ar from the refusal Assistant Director of Marine (Ship Surveys), to give a declaration), ander the provisions of section 28 of the Merchant Shipping Ordinance, 1953; or
(3) From the refusal of
the Immigration Officer, tu give a certificate under the Chinese Passengers Act, 1855, or under the Asiatic Emigration Ordinance. 1915; or
(4) From the refusal of the Director of Marine to give a clearance under section 44 of the Merchant Shipping Ordinance, 1983.
The address at which all notices and documents may be served by post or otherwise on me is
Dated this
day of
19 •
(To be signed by the appellant).
Forn 2.
SUMMONS TO COURT.
The Court of Survey for Hong Kong.
In the matter of an appeal by from the report of
the Governor to survey the
for as the case may be).
[reg. 4.
the surveyor appointed by
In pursuance of the Merchant Shipping Ordinance, 1953, 1 hereby summor you to attend As
on this appeal, at
a.m. on the
A copy of the police of appeal is attached. Dated at Victoria, Hong Kong, this
day of
day of
+
19
►
19
Magistrate and President of the Court.
1 will attend as ammoned.
(Signature of person summoned).
P. 323.)
No comments yet.
Private notes are available after approval.