653395-1891-Bills-The-Arms-Consolidation-The-Merchant-Shipping-Consolidation — Page 15

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THE HONGKONG GOVERNMENT GAZETTE, 1ST AUGUST, 1891.

Liability of the Governor

and ship-

owner for

eusts and dam 1zca.

(M. S. A., 170, sec. 10)

Power to require from Bmplainant >curity for QUALE.

(3.8. A., 1878,

C. 11.)

Supplement- Ary provisions

as to detention.

of ships. (31.S.A., 1976, Rec. 12.)

Application to foreign shins nad provisions

:" to detell

tion.

; M.S A. 19-71..

. 13.

Hid, sec. 10.)

(.) Where a ship is provisionally detained, the Gov- ernor may at any time, if he thinks it expedient, refer the matter to the Court of Survey.

(9.) The Governor may, at any time, if satisfied that a ship detained under this Ordinance is not unsafe, order her to be released either upon or without any conditions.

(2.) If it appears that there was not reasonable and probable cause, by reason of the condition of the ship or the act or default of the owner or agent, for the provisional detention of the ship, the Governor shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey.

If a ship is finally detained under this Ordinance, or if it appears that a ship provisionally detained was, at the time of such detention, unsafe within the meaning of this Ordi- nauce, the owner of the ship shall be liable to pay to the Governor his costs of and incidental to the detention and survey of the ship, and those costs shall, without prejudice to any other remedy, be recoverable in a summary way before any Stipendiary Magistrate.

For the purposes of this Ordinance the costs of and inci- dental to any proceeding before a Court of Survey and a reasonable amount in respect of the remuneration of the Surveyor of the Governor shall be deemed to be part of the costs of the detention and survey of the ship, and any dispute as to the amount of costs under this Ordinance may be referred to the Registrar of the Supreme Court, who, on request made to him for that purpose by the Governor, shall ascertain and certify the proper amount of such costs.

An action for any costs or compensation payable by the Governor under this section shall he brought against the Attorney General in a suit instituted by the plaintiff as claimant against "The Attorney General" as defendaut, and the provisions of sub-sections 2, 3, 4, and 5, of section So, chapter XIV., of the Hongkong Code of Civil Procedure, shall apply to such suit.

(3.) Where a complaint is made to the Governor that a British or Colonial ship is unsafe, he may, if he thinks fit, require the complainant to give security to his satisfaction for the costs and compensation which he may incur as hereinafter mentioned and any suit that may be necessary to enforce such security may be instituted in the name of the Attorney General for and on behalf of the Governor.

Provided that where the complaint is made by one-fourth, being not less than three of the seamen belonging to the ship, and is not, iu the opinion of the Governor, frivolous or vexations, such security shall not be required, and the Governor shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascer taining whether the ship ought to be detained under this Ordinance.

(4.) An order for the detention of a ship provisional or final and an order varying the same, shall be served as soon' as may be on the master of the ship.

(a.) When a ship has been detained under this Ordi- nance, she shall not be released by reason of her British or Colonial register being subsequently closed.

(6.) For the purposes of a survey under this Ordinance, any person anthorized to make the same may go on board the ship and inspect the same and every part thereof, and the machinery, equip- ments and cargo, and may require the unloading or removal of any cargo, ballast, or tackle. (c.) The provisions of "The Merchant Shipping Act 1854," with respect to persons who wilfully impede an Inspector, shall apply as if those provisions were hereiu enacted, with the sub- stitution for the Inspector of any member of the Court of Survey, Assessor, or Surveyor, who, under this Ordinance, has the same powers as au Inspector or has authority to survey a ship.

Foreign Ships, Overloading.

10. Where a foreign ship has taken on board all or any part of her cargo at a port in the Colony, and is whilst at that port unsafe by reason of overloading or improper load- ing, the provisions of this Ordinance with respect to the detention of ships shall apply to that foreign ship as if she were a British ship, with the following modifications :----