654343-1891-Ordinances-25-and-26-of-1891-Assented-to — Page 50

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THE HONGKONG GOVT GAZETTE EXTRAORDINARY, 9TH DEC., 1891. 1155

TABLE (G).

General Rules for formal investigations into Shipping Casualties under Sub-section 8 of section 13.

1. When the Governor has directed that a formal investigation into a Shipping Casualty shall take place and has issued a warrant to form a Court for the purpose, the Stipendiary Magistrate, appointed as the Presiding Member of the Court, shall cause a notice to be served on the Master, and upon the certificated Officers of the Ship who were on board at the time of the happening of the casualty, in the Form No. 1 in the Appendix.

When the Master himself applies for an investigation into a casual- ty, and the Governor has issued a warrant thereon, the Stipendiary Magistrate shall cause a notice to be served on the certificated Officers only, who were on board at the time of the casualty.

The Stipendiary Magistrate may cause a notice to be served upon 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 showing the nature of his interest, have a right to appear.

2. The proceedings at the investigation 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, and who can give material evidence in regard thereto.

3. The Certificate of the Master or of any Officer shall not be can- celled unless the Master or Officer has had the opportunity of making a defence, and for that purpose he may produce any witnesses whoni he may wish to examine.

4. The Presiding Member of the Court may adjourn the Court from time to time, and from place to place, as may be most convenient. 5. The judgment of the Court shall be given at the end of the proceedings.

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APPENDIX.

No. 1.-Notice of holding a Formal Investigation.

Master, Mate,

Engineer or Owner of the British Steam [or sailing] Ship

of

In pursuance of the provisions of Section 13 of The Merchant Shipping Consolidation Ordinance, 1891. I hereby give you notice that the Governor has ordered a formal Investigation to be held into the circumstances attending the

and

that subjoined hereto is a copy of the Report [or Statement of the case], upon which the said Investigation has been ordered.

The Court will assemble at the Harbour Office the

A.M., and your presence is requested.

at

Dated at Victoria, Hongkong, this

dity

of

189

Stipendiary Magistrate and President of the Court.

TABLE (H).

General Rules for Courts of Survey. Section 9 sub-section 1 (d.) Sub-section 11 of section 13, and s. 14 (1.)

1. Where the Owner or Master of a ship, hereinafter called the Appellant, desires to appeal to the Court of Survey, he shall file at the Office of the Harbour Master a notice in the Form No. 1 in Appendix,

2. Immediately upon the filing of the notice of appeal, the Harbour Master shall inform the Governor, and if the ship is a foreign ship, the Harbour Master shall give notice to the Consular Officer for the State to which the ship belongs, and such Consular Officer may nominate one person to act as a member of the Court of Survey whose name shall be submitted to the Governor at the same time.

3. When the Governor has issued his warrant constituting the Court, the person appointed to be President of the Court, herein- after referred to as the President, shall summon the Court in the Form No. 2 in the Appendix.

4. If the Survey has been made on the complaint of any person, hereinafter called the Complainant, the President shall send to him notice of the time and place appointed for the hearing.

5. Previous to the hearing, the Governor shall forward to the President, to be produced as evidence at the hearing, an official copy of the report of the Surveyor.

6. The Court shall, if practicable, be summoned to hear the appeal on a day not later than fourteen days from the filing of the notice of appeal.

7. The Governor and the Appellant shall be parties to the proceed- ings.

8. Any other person may, by permission of the President of the Court, be made a party to the proceedings.

9. At the hearing, the person representing the Governor shall first call his witnesses and, having done so shall state in writing what order he requires the Court to inake.

10. The Complainant, if he has appeared. shall then call his wit- nesses, and having done so, shall state in writing what order he requires the Court to make.