(8)
the person appointed to make such survey is prevented from, or obstructed in, ascertaining the condition of the ship, her equip- ts, machinery and cargo, shall be liable to a penalty not exceeding two hundred and fifty dollars.
The Governor may, if he thinks fit, order that any ship be detained for the purpose of being surveyed under this section, and thereupon the Harbour Master may detain such ship until her release be ordered, either by the Governor, or by any Court to which an appeal is given under this section.
Upon the receipt of the report of the person making any such survey, the Governor may, if in his opinion the ship cannot proceed to sea without serious danger to human life, make such further order, as he may think requisite, as to the detention of the ship, or as to her release, either absolutely or upon the perform- ance of such conditions with respect to the execution of repairs or alterations, or the unloading or reloading of cargo, as the Governor may impose. He may also, from time to time, vary or add to such
order.
A copy of any such order, and of the report upon which it was founded, and also of any variation of, or addition to, such order, shall be delivered as soon as possible to the owner or master of the ship to which it relates.
When a ship has been detained under this section, she shall not be released by reason of her British register having been closed.
2. If upon the survey of a ship under this section, she is Costs of survey. reported to have been at the time of the survey, having regard to (M. S. A. the nature of the service for which she was then intended, unfit to 1873, sec. 19.) proceed to sea without serious danger to human life, the expenses incurred by the Governor in respect of the survey shall be paid by the owner of the ship to the Governor, and shall, without prejudice to any other remedy, be recoverable by him in the same manner as salvage is recoverable.
If upon such survey the ship is not reported to have been un- fit to proceed to sea, having regard to the nature of the service for which she was intended, the Governor shall be liable to pay com- pensation to any person for any loss or damage which he may have sustained by reason of the detention of the ship for the purpose of survey, or otherwise in respect of such survey.
Where a complaint has been made to the Governor that a ship is not fit to proceed to sea, he may, if he thinks fit, before ordering a survey of the ship, require the complainant to give or provide such security as he may think sufficient for the payment of the costs and expenses which he may incur in respect of the survey of the ship and of the compensation which he may be rendered liable to pay for loss or damage caused by her detention for the purpose of such survey, or otherwise in respect of such
survey.
Where a ship has been surveyed under this section in consequence of a complaint made to the Governor, if upon such survey being made, it appear that such complaint was made with- out reasonable canse, the expenses incurred by the Governor in respect of the survey of the ship, and the amount, if any, which the Governor may have been rendered liable to pay in respect of any loss or damage caused by her detention, shall be recoverable by the Governor from such complainant.
All moneys payable by the Governor in respect, or by reason of the survey or detention of a ship under this section, shall, subject to the right by this paragraph provided of recovering such moneys from the complainant, be paid out of the Colonial Re-
venue.
Governor.
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3. If the owner of any ship surveyed under this section Appeal from is dissatisfied with any order of the Governor made upon such decision of survey, he may apply to the Vice-Admiralty Court of Hongkong (Ibid, 20. The Court may, upon such application, if it thinks fit, appoint 14.) one or more competent persons to survey the ship anew, and any surveyor so appointed shall have all the powers of the person by whom the original survey was made. Such survey anew shall, if so required by the Governor, or the shipowner, be made in the presence of any person or persons appointed by them respectively to attend at the survey.
The Court to which such application is made may make such order as to the detention or release of the ship, as to the payment of any costs and damages which may have been occasioned by her detention,
as to the payment of the expenses of the original survey, and of the survey anew, and otherwise as to the payment of any costs of, and incident to, the application, as to the Court may seem just.
There shall be paid in respect of the several measurements, inspections, and surveys mentioned in Schedule C hereto, such lees, not exceeding those specified in that behalf in the said Schedule, as the Governor may, from time to time, determine.
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