1959-HKRS28-8-26_Part03 — Page 5

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(c) by the addition after paragraph (b) of the following new

paragraph-

Arcadment

9.

of pection 30.

(a)

Amendnient

"(c) any other foreign ship while within the waters of the Colony by reason of her being within the waters of the Colony if she would not have been withio such waters but for stress of weather or any other circum- stance that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled.".

Section 50 of the principal Ordinance is amended-

in subsection (1) by the deletion of the word "form" and the substitution therefor of the following-

"appoint":

(b) by the deletion of subsection (2) and the substitution therefor

of the following-

"(2) Such court shall consist of a judge, district judge or magistrate and shall hold its investigation or inquiry with the assistance of two or more assessors who shall be appointed by the Governor and shall be masters of the British mercautile marine or persons of nautical, engineer- ing or other special skill or knowledge:

Provided that where any investigation or inquiry involves or appears likely to involve any question as to the cancellation or suspension of the certificate (excluding a local certificate of competency issued under Part XIII) of a master, mate or engineer the court shall be assisted by not less than two assessors having experience in the British mercantile marine.":

(c) in subsection (3) by the deletion of the expression "unofficial

members" and the substitution therefor of the following-

"assessors".

10. Section 53 of the principal Ordinance is amended by the dele- of section 33. tion of subsection (3) and the substitution therefor of the following-

*(3) Subject to the provisions of any regulations relating thereto made under section 55, an appeal to the Supreme Court under this section shall be to onc judge or to the Full Court as the Chief Justice may decide and shall be subject to any rules of court made under the Supreme Court Ordinance.".

11. Section 55 of the principal Ordinance is amended- (a) in subsection (1)—–

() by the insertion after the words "casualties and" of the following-

"inquiries"; and

(1)) by the insertion after the word "misconduct" of the following-

"and to the rehearing of or appeal from any such investiga-

tion or inquiry":

(b) in subsection (3) by the insertion after the word "investigation"

of the following-

"or inquiry”.

Amendment

of section 35.

12. Section 57 of the principal Ordinance is amended in sub- Amendment section (1) by the deletion of the words "The Governor whenever of section 57. 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 case the following provisions shall have effect-” and the substitution therefor of the following-

"The Governor whenever occasion may arise may appoint by warrant under his hand and the seal of the Colony, a court. which shall be called a court of survey, and shall consist of not less than three nor more than five members, of whom one shall be a judge, district judge or magistrate and who shall preside over the court, and the remainder shall be masters of the British mercantile marine or persons of nautical engineering or other special skill or knowledge, and in such case the following provisions shall have effect...”.

13. Section 61 of the principal Ordinance is amended by the Amendment deletion of subsection (4) and the substitution therefor of the of section 61. following-

"(4) The obligations imposed by this section shall fall on the owners, agents or charterers in the case of any ship without a master.**.

*

14. Section 66 of the principal Ordinance is amended in sub- Amendment section (2) by the deletion of the words and comma and in either of of section 66 such cases" and the substitution therefor of the following-

“and in addition thereto".

15. Section 68 of the principal Ordinance is amended- (a) in subsection (1) by the deletion of the words “a fine of one thousand dollars, or to imprisonment for six months" and the substitution therefor of the following --

"a fine of one thousand dollars and imprisonment for six months*;

Amendment

of section 58.