687442-1879-Votes-and-Proceedings-Legislative-Council-19th-Nov- — Page 13

THE HONGKONG GOVERNMENT GAZETTE, 26TH NOVEMBER, 1879.

7. The provisions of this section relating to the carriage of dangerous goods shall be deemed to be in addition to, and not in substitution for, or in restraint of, any other enactment for the like object, so nevertheless that nothing in the said provisions shall be deemed to authorize that any person be sued or prosecuted twice in the same matter.

CHAPTER III.

MARINE COURTS AND COURTS OF SURVEY.

XIII. It shall be lawful for the Governor, from time to time and whensoever occasion shall arise or require, by Warrant under his hand and seal of the Colony, to form a Court, which shall be called "The Marine Court;" and such Court shall consist of not more than five or less than three members, of whom one shall be a Stipendiary Magistrate, and one, if possible, a Commissioned Officer in the Royal Navy, and the remainder masters of the mercantile marine, or such persons of nautical, engineering or other special skill or knowledge as the Governor may think fit to appoint.

2. Each of the unofficial members of such Court shall be paid, out of the Colonial Treasury, the sum of $5 a day, during each day that the Court shall hold its sitting.

3. In any of the following cases, that is to say:-

(a.) Whensoever any charge of incompetency or mis- conduct shall be brought by any person against any master, mate, or engineer of a British ship; (b.) Whenever any ship is lost, abandoned, stranded, or materially damaged on or near the coasts of the Colony;

(c.) Whenever any ship causes loss or material damage

to any other ship, on or near such coasts; (d.) Whenever by reason of any casualty happening to, or on board of any ship, on or near such coasts, loss of life ensues;

(e.) Whenever any such loss, abandonment, stranding, damage, or casualty happens elsewhere, and any competent witness thereof, arrive at, or be found at, any place in the said Colony ;

(f.) Whenever a British ship has been lost, or is sup- posed to be lost, and any evidence can be obtained in the Colony as to the circumstances under which she proceeded to sea or was last heard of ;

It shall be lawful for the Court to hear and inquire into any such charge of incompetency or misconduct, and to make inquiry respecting such loss, abandonment, stranding, da- mage, or casualty, and for such purposes, it shall have the powers given by the first part of "The Merchant Shipping Act, 1854," to Inspectors appointed by the Board of Trade, and the powers given by section XXIII of "The Merchant Shipping Act Amendment Act, 1862," and the Court shall, in all things, be governed by the rules of the said last men- tioned section.

4. The Court may also exercise the following further powers:-

(a.) It may,

if unanimous that the safety of the ship or crew, or the interest of the owner, absolutely re- quires it, supersede the master of any British ship then being within the waters of the Colony, and may appoint another person to act in his stead; but no such appointment shall be made without the consent of the consignce of the ship if within the Colony;

(b.) It may discharge any mate, engineer, or seaman

from his ship;

(e.) 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 retained 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 or is to be suspended or cancelled in pursuance of this Or- dinance shall, upon demand of the Court, deliver his certi- ficate 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, incur a penalty not exceeding two hundred and fifty dollars,--but no certificate shall be sus- pended or cancelled until such suspension or cancellation shall have been approved by the Governor.

Saving as to dangerous goods Ordinance. [Ibid, sec. 28.)

Constitution of Marino Court. [See Ordinance 11 of 1860, wec. 1.]

Unofficial members of Court to he remunerated.

Cases where inguis Bre de Pat invited.

Powers of

Court.

Further powers of Court. [See M. S. A., 1854, sec. 263.]

[M. S. A. 1962, BBC, 24.}

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