:
MERCHANT SHIPPING.
No. 10 of 1899.
95
570
94
No. 10 of 1899.
MERCHANT SHIPPING.
Deductions 6. On the lower deck, one passenger to be deducted for each 6 from number square feet occupied by cattle or cargo, and on the upper deck, ong of passengers. passenger to be deducted for each 9 square feet occupied by cattle or
cargo.
Service of preliminary notice of
Table G.
[B. 19 (18).]
GENERAL RULES FOR FORMAL INVESTIGATIONS INTO SHIPPING CASUALTIES OR INQUIRIES INTO MISCONDUCT OR INCOMPETENCY ON THE PART OF OFFICERS.
1. Whenever it is intended to appoint a Marine Court under section 19 to make an investigation respecting any shipping casualty or to Marins Court, inquire into any charge of misconduct or incompetency on the part of any master, mate or engineer, the Marine Magistrate shall cause a preliminary notice in form 1 in the appendix to these rules to be served on the master of the ship or on the person whose conduct or competency is in question,
Service of notice of holding of Court.
Adjudication in absence of
person served.
Servion of
notice on certificated officers:
and on other persons, eta.
Proceedings at investiga-
tion into
shipping
Casualty.
2. When the Governor has issued a warrant to form a Marine Court to investigate into a shipping casualty or to inquire into any charge of incompetency or misconduct, the Stipendiary Magistrate, appointed as the presiding member of the Court, shall, in the case of a shipping casualty, cause a notice to be served on the master, and on the certificated officers of the ship who were on board at the time of the happening of the casualty, in form 2 in the appendix to these rules; and in the case of a charge of misconduct or incompetency on the person whose conduct or competency is in question, in form 3 in the said appendix; and in either case, in form 4 in the said appendix, on such witnesses as it is considered necessary to call to elucidate the facts of the case.
3. If the meater or other person, on whom a preliminary notice has been served, fails to attend before the Marine Court, the Court, in addition to any other power, may proceed to bear and adjudicate upon the case in his absence.
4. When the master himself applies for an investigation into a casualty, and the Governor has issued a warrant thereon, the Stipendiary Magistrate shall cause a notice to be served on the certificated officers who were on board at the time of the casualty.
5. The Stipendiary Magistrate may cause a notice to be served on any other person who appears to have been in any way responsible for the casualty; and any person having any interest in the investi- gation shall, on abowing the nature of his interest, have a right to
appear.
6. The proceedings at the investigation into a shipping casualty shall commence with the examination of the master, officers, and any other person whether on board the ship or not at the happening of the casualty, who can give matorial evidence in regard thereto.
* As amended by G. N. 169 of 1908.
at inquir
7. The proceedings at an inquiry into any charge of misconduct or Table &. incompetency shall commence with the examination of the several Proceedings witnesses who speak to the charges and the conduct of the person into charge of charged; after they have been cross-examined by the person charged, miscaduct re-examined by the prosecutor and examined by the Court, the person or incom- charged may call his own witnesses who may be examined, cross- petency.
If the person examined, and re-examined in a similar manner. charged has not already given evidence, he is then to be allowed an opportunity of offering any explanation, which may be either verbal or in writing.
8. The certificate of the master or of any officer shall not be Restriction cancelled unless the master or officer has had an opportunity of making a power of
certificate. a defence, and for that purpose he may produce any witnesses whom ceiling he may wish to examine,
9. The presiding member of the Court may adjourn the Court from Adjournment. time to time, and from place to place, as may be most convenient.
10. The judgment of the Court shall be given at the end of the Judgment. proceedings.
To
APPENDIX.
No. 1.-Preliminary Notice of a Marine Court.
of
Take notice that, by virtue of the provisions of section 19 of the Merchant Shipping Ordinance, 1899, it is intended to appoint a Marine Court to
The Court will assemble at the Harbour Office on a day to be subsequently appointed and of which due notice will be given to you.
Dated at Hongkong, this
day of
19
Marine Magistrate.
N.B.If the person on whom this notice is served fails to attend before the Marine Court, the Court may proceed to hear and adjudicate upon the case in his absence."
To
No. 2.-Notice of Holding a Marine Court.
owner of the British steam [or sailing] ship
master, mate, engineer or
In pursuance of the provisions of section 19 of the Merchant Ship- ping Ordinance, 1899, I hereby give you notice that the Governor has ordered a Marine Court to be held to make investigations into
and subjoined hereto is a copy of the report (or statement of
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Private notes are available after approval.