CO129-487 - Others & Individuals - 1924 — Page 87

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Unofficial members of Court to be remunerated.

Cases for inquiry, and jurisdiction

of Court. ib. s. 478,

Hongkong-Port Regulations, &c.

in

any special

(3.) Each of the unofficial members of such Court shall be paid, out of the Treasury, the sum of 10 dollars a day, or such other sum as the Governor may, case, direct, during each day that the Court sits.

(5.) In any of the following cases,

(a) where a shipwreck or casualty occurs 10 a British or Colonial ship on or near the coasts of the Colony or to a British or Colonial ship in the course of a voyage to the Colony ; (b) where a shipwreck or casualty occurs in any part of the world to a ship registered in the Colony:

(c) where some of the crew of a British or Colonial ship which has been wrecked, or to which a casualty has occurred, and who are competent witnesses to the facts, are found in the Colony ;

(d) where the incompetency or misconduct has occurred on board a British or Colonial ship on or near the coasts of the Colony, or on board a British or Colonial ship in the course of a voyage to the Colony ;

(e) where the incompetency or misconduct has occurred on board a ship registered in the Colony and

(f) where the master, mate, or engineer of a British or Colonial ship who is charged with incompetency or misconduct on board that ship is found in the Colony.

it shall be lawful for such Court to make investigation respecting such shipwreck or casualty and to hear and inquire into any such charge of incompetency or mis- conduct, and for such purposes the Court shall have the same jurisdiction over the matter in question as if it had occurred within its ordinary jurisdiction, but subject to all provisions, restrictions, and conditions which would have been applicable if it had so occurred, Such Court shall also have the powers given by the Merchant Shipping Acts to inspectors appointed by the Board of Trade, as well as all the powers of a Stipen- diary Magistrate acting as Court of Summary

Jurisdiction.

a

Hongkong-Port Regulations, &c.

(8.) The certificate of master, mate, or engineer may he cancelled or suspended—-

(a) if the Court finds that the loss or abandon- ment of, or serious damage to, any ship, or loss of life, has been caused by his wrongful act or default ; or

Grounds for cancelling of suspending Certificate

ib. s. 170.

5. 422.]

(b) if the Court finds that he is incompetent, or [Act of 1894,

that he has been guilty of any gross act of misconduct, drunkenness, or tyranny, or that in a case of collision, he has failed to render such assistance or give such information as is required by the Merchant Shipping Acts.

(13.) It shall be the duty of the person who has applied for a Marine Court to superintend the management of the case and to render such assistance to the Court as is in his power,

(14.) The Court may also exercise the following further powers

(a) it may, if unanimous that the safety of the ship or crew, or the interest of the owner. absolutely requires it, supersede the master of any British or Colonial ship then being within the waters of the Colony, and may appoint another person to act in his stead; but no such appointment shall be made without the consent of the consignee of the ship, if within the Colony:

() it may discharge any mate, engineer, or sea-

man from his ship:

(c) it may order the wages of any mate, engineer, or seaman so discharged, or any part of such wages, to be forfeited, and may direct the same to be retained by way of compensation to the owner or to be paid into the Treasury; aud

(d) it may make such order as it thinks fit respect- ing the costs of the investigation or any part thereof, and such order shall be enforced by the Court in the same way as an order for costs under The Magistrates Ordinance, 1890.

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Person who applies for Court to assist it. ib. s. 400.

Further powers of Cottet.

No. 3 of 1890.

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