687442-1879-Votes-and-Proceedings-Legislative-Council-19th-Nov- — Page 11

THE HONGKONG GOVERNMENT GAZETTE, 26TH NOVEMBER, 1879.

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 be brought against the Attorney General in a suit instituted by the plaintiff as claimant against "The Attorney General" as defendant, and the provisions of subsections 2, 3, 4, & 5, of para. 83, chap- ter 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 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 become liable to pay as hereinafter mentioned.

Provided that where the complaint is made by one-fourth, being not less than three, of the scamen belonging to the ship, and is not, in the opinion of the Governor, frivolous or vexatious, 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 register being subsequently closed. (b.) For the purposes of a survey under this Ordinance, any person authorised to make the same may go on board the ship and inspect the same and every part thereof, and the machinery, equipments 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 herein enacted, with the substitution for the - Inspector of any member of the Court of Survey, Assessor, or Surveyor, who, under this Ordinance, has the same powers as an Inspector has authority to survey a ship.

Foreign Ships, Overloading.

X. 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:-

(a.) A copy of the order for the provisional detention of the ship shall be forthwith served on the Con- sular Officer for the State to which the ship belongs. (b.) Where a ship has been provisionally detained, the Consular Officer, on the request of the owner or agent or master of the ship, may require that the person appointed by the Governor to survey the ship shall be accompanied by such person as the Consular Officer may select, and in such case, if the Surveyor and such person agree, the Governor shall cause the ship to be detained or released ac- cordingly; but if they differ, the Governor may act as if the requisition had not been made, and the owner or agent and master shall have the ap- peal to the Court of Survey touching the report of the Surveyor which is before provided by this Ordinance; and

(e.) Where the owner, or agent, or master of the ship appeals to the Court of Survey, the Consular Officer, on the request of such owner or master, may nominate any competent person or persons to be a member or members of the Court of Survey, not exceeding two.

In this Section the expression "Consular Officer" means any Consul-General, Vice-Consul, Consular Agent, or other Officer recognised by the Governor as a Consular Officer of a foreign State.

Sending Unseaworthy Ships to Sea.

XI. Every person who sends or attempts to send, or is a party to sending or attempting to send a British ship to sea in such unseaworthy state that the life of any person is

(M.S.A. 1876. sec. 11.) Power to require from complainant security for

costa.

(M.S.A. 1876, sec. 12.) Supplement- ary provisions as to detention of ships.

(M.S.A. 1876, sec. 13.) Application to foreign ships of provisions as to detention.

Sending

unsosworthy ship to sea a misdemeanor. (M.S. A. 1876, 300. 4.)

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