1124 THE HONGKONG GOVT GAZETTE EXTRAORDINARY, 9TH DEC., 1891.,
(Ibid. sub-s. 5.)
(Ibid, sub-s, 6.)
Re-caring.
Rules as to
procedure,
fees, &c.
(Ibid, sub-s. 8.)
(Ibid, sub-s, 9.)
Constitution power and procedure of Court of Survey. Obid sub-s. 10.)
Kules for procedure of Court of Survey, &c. (Ibid. sub-s, 11.)
(b.) It may discharge any mate, engineer, or seaman
from his ship;
(c.) It may order the wages of any mate or engineer so discharged, or any part of such wages to be forfeited, and may direct the same to be retain- ed by way of compensation to the owner. (5.) Each member of the Court shall either sign the re- port made on any investigation under this section, or report 'to the Governor his reasons for dissent therefrom.
(6.) Every master or mate or engineer whose certificate is suspended or cancelled in pursuance of this Ordinance shall, upon demand of the Court, deliver his certificate to the Court, or if it is not demanded by the Court, deliver it to the Governor or as he directs, and in default shall, for each offence, be liable to a penalty not exceeding two hun- dred and fifty dollars.
(7.) Where an investigation into the conduct of a master, mate, engineer, or into a shipping casualty, has been held under this Ordinance, or auy Ordinance amending the same, the Governor may, in any case, and shall, if new and im- portant evidence which could not be produced at the inves- tigation has been discovered, or if for any other reason there has in his opinion been ground for suspecting a mis- carriage of justice, order that the case be re-heard, either generally or as to any part thereof, and either by the Court by whom it was heard in the first instance, or by a Marine Court to be appointed under this section or by a Judge of the Colonial Court of Admiralty of this Colony, and the case shall be so re-heard accordingly.
(8.) The Governor in Council may, from time to time, make and when made revoke, alter and add to general rules for carrying into effect the enactments relating to formal investigation into shipping casualties and in particular with respect to the procedure, the parties, the persons allowed to appear, the notice to such parties and persons, or to persons affected, and the amount and application of fees.
Provided that unless and until such general rules are made rescinded or varied the general rules in Table G of the schedule to this Ordinance shall apply.
(9.) Every formal investigation into a shipping casualty shall be conducted in such a manner that if a charge is made against any person that person shall have an oppor- tunity of making a defence.
(10.) It shall be lawful for the Governor from time to time and whensoever occasion may arise or require to ap- point a Court of Survey in the same manner and composed of the same persons as in the case of a Marine Court and in such case the following provisions shall have effect :-
(a.) The case shall be heard in open Court. (b.) Each member of the Court may survey the ship and shall have for the purposes of this section all the powers of an Inspector appointed by the Board of Trade under "The Merchant Shipping Act, 1854."
(c.) The Court may in its discretion order the said ship to be surveyed and may appoint any com- petent person or persons to survey the ship and report thereon to the Court, and such persou or persons in case of disagreement may be appointed by a majority of the members. (d.) The Court shall have the same power as the Governor has to order the ship to be released or finally detained, but unless a majority of the members of the Court concur in an order for the detention of the ship, the ship shall be released.
(e.) The owner or agent and master of the ship and any person appointed by the owner or agent or master, may attend at any inspection or survey made in pursuance of this section.
(11.) The Governor in Council may, from time to time, make and when made revoke, alter and add to general rules to carry into effect the provisions of this Ordinance with respect to a Court of Survey and appeals thereto and in particular with respect to the summoning of and procedure before the Court, the requiring on an appeal under section 9, sub-section (d) security for costs and damages, the amount and application of fees.
:
No comments yet.
Private notes are available after approval.