679993-1882-Shipping-Casualties-Rules-for-investigations-into-Courts-of-Survey-Rules-for- — Page 1

THE HONGKONG GOVERNMENT GAZETTE, 18TH NOVEMBER, 1882.

GOVERNMENT NOTIFICATION.—No. 448.

873

The following Regulations are published under the provisions of sub-sections 8 and 11 of Section 13 of Ordinance 8 of 1879.

By Command,

Colonial Secretary's Office, Hongkong, 18th November, 1882.

FREDERICK Stewart,

Acting Colonial Secretary.

GENERAL RULES FOR FORMAL INVESTIGATIONS INTO SHIPPING CASUALTIES MADE BY THE GOVERNOR IN COUNCIL Under Sub-SECTION 8 OF SECTION 13 OF ORDINANCE 8 OF 1879.

1. These rules shall be published in the Hongkong Government Gazette, and a copy shall be kep at the Office of the Harbour Master, and may be perused thereat by the Master or Owner of any Shi and by any person deputed by him.

2. 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, ar- pointed 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 casualty, 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 investigation, shall, on showing the nature of his interest, have a right to appear.

3. 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.

4. The Certificate of the Master or of any Officer shall not be cancelled unless the Master or Officer has had the opportunity of making a defence, and for that purpose he may produce any wit- nesses whom he may wish to examine.

5. The Presiding Member of the Court may adjourn the Court from time to time, and from place to place, as may be most convenient.

6. The judgment of the Court shall be given at the end of the proceedings.

To

APPENDIX.

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

of

Master, Mate, Engineer or Owner of the British Steam [or sailing] Ship

and

In pursuance of the provisions of Section 13 of Ordinance 8 of 1879, I hereby give you notice that the Governor has ordered a formal Investigation to be held into the circumstances attending the that subjoined hereto is a copy of the Report [or Statement of the case], upon which the said Investigation has been

ordered.

Dated at Victoria, Hongkong, this

day of

188

Stipendiary Magistrate.

Council Chamber, Hongkong, 14th November, 1882.

ARATHOON SETH, Clerk of Councils.