26
No. 10 of 1899.
31
MERCHANT SHIPPING.
MERCHANT SHIPPING.
432
No. 10 of 1899.
27
[s. 10 contd.]
22 Geo. 5, c. 9, s. 9 (2).
Statement in declara-
tion if ship is fit to ply in a special passenger trade only. 22 Geo. 5, c. 9, s. 2 (3).
Transmis sion of
declarations to Colonial Secretary. [cf. 57 & 58 Vict. c. 60, s. 273. ]
Issue of
certificate. [ef. 57 & 58 Vict. c. 60, s. 274.]
(vi) that the certificates of the engineer or engineers of the ship are such as are required by law; and
(c) in the case only of ships required by law to be provided with a wireless telegraph installation, a declaration of a Govern- ment wireless telegraphy surveyor containing statements of the following particulars :-
(i) the voyages or class of voyages on which, as regards wireless telegraphy, the ship is fit to ply;
(ii) that, having regard to the tonnage of the ship and the voyages or class of voyages on which she is declared to be fit to ply, the wireless telegraph installation complies with the wireless telegraphy rules;
(iii) that the certificates of the wireless telegraphy operators and watchers are such as are required by those rules.
(8A) If in the judgment of any such surveyor a passenger ship is fit to ply on international voyages while engaged in a special passenger trade only, his declaration of survey shall state
that fact.
(9) The said owner, agent, or master shall transmit such declarations to the Colonial Secretary within fourteen days after the dates of the receipt thereof respectively; and in default shall forfeit a sum not exceeding five dollars for every day that the sending of such declarations is delayed; and such sum shall be paid on the delivery of the certificate hereinafter mentioned, in addition to the fee payable for the same, and shall be applied in the same manner as such fees; and if the declarations are not transmitted to the Colonial Secretary within twenty-eight days, the fees and forfeitures shall be recoverable as a debt due to the Crown.
(10) On receipt of such declarations, and if satisfied that the provisions of this section have been complied with, the Governor may,
if in his absolute discretion he thinks fit to do so, cause a passenger certificate in duplicate to be prepared and issued to the effect that the provisions of the law with respect to the survey of the ship and the transmission of declarations in respect thereof have been complied with; and such certificate shall state the limits, if any, beyond which, according to the
declaration of the surveyor or surveyors such ship is not fit to [s.10 contd.] ply, and shall also contain a statement of the number of passengers which, according to the declaration of the surveyor or surveyors such ship is fit to carry, distinguishing (if neces- sary) between the respective numbers to be carried on the deck and in the cabins, such number to be subject to such conditions and variations, according to the time of the year, the nature of voyage, the cargo carried, and other circumstances as the case may require.
(10A) Any such certificate may be signed on behalf of the 22 Geo. 5, c. Governor by any person authorized by him for the
9, s. 15 (4). purpose, and a certificate purporting to be so signed shall be admissible in evidence in like manner as if it had been signed by the Governor,
(11) Such certificate in duplicate, when completed, shall be delivered by the Harbour Master to the owner, agent or master applying for the same and paying the balance of the fee and other sums, if any, payable in that behalf.
(12) If a ship-owner feels aggrieved—
(a) by a declaration of a surveyor or surveyors under this section, or by the refusal of a surveyor to give the said declara- tion; or
(b) by the refusal of a certificate of clearance for an emigrant ship under the Chinese Passengers Act, 1855, or the Asiatic Emigration Ordinance, 1915; or
Delivery of
certificate in duplicate.
Appeal to Court of Survey.
. 57 & 58 Viet. c. 60, s. 275 (1).]
18 & 19 Vict.
104.
Ordinance No. 30 of
(c) by the refusal of a certificate of clearance under this 1915. Ordinance,
the owner, agent, master or charterer may appeal, in the manner prescribed by the regulations in Table H in the Regulations, Regulations to a Court of Survey constituted under this Ordinance, and, Table H. upon the constitution thereof by the Governor, such court may [cf. s. 20 make such order with respect to the costs of any such inves- (2).] tigation as it thinks fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as costs in summary proceedings before any magistrate.
Court of
(13) On such appeal, the Court of Survey shall report to Report of the Governor on the question raised by the appeal, and the Survey. Governor, when satisfied that the requirements of the report and [cf. 57 & 58
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