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THE HONGKONG GOVERNMENT GAZETTE, 3RD DECEMBER, 1879.

(M.S.A. 1876,

Hec. 6.)

Power to de-

tain unsafe

ships, and pro- cedure for such deten- tion.

(M.S.A. 1876, вес. 10.)

Liability of the Governor and ship- owner for costs and damages.

by the licence, or when no special licence has been granted in excess of the proportion of two passengers for every registered three (net) tons of the said steam ship.

Unseaworthy Ships..

IX. Where a British ship being in any port of the Colo- ny, is by reason of the defective condition of her hull, equip- ment, or machinery, or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, any such ship (hereinafter referred to as "unsafe") may be provisionally detained for the pur- pose of being surveyed, and either finally detained or released, as follows:-

(a.) The Governor, if he has reason to believe on com- plaint, or otherwise, that a British ship is unsafe, may provisionally order the detention of the ship for the purpose of being surveyed.

(b.) When a ship has been provisionally detained, there shall be forthwith served on the master of the ship a written statement of the grounds of her detention, and the Governor may, if he thinks fit, appoint some competent person or persons to survey the ship and report to him.

(c.) The Governor on receiving the report may either order the ship to be released, or, if in his opinion the ship is unsafe, may order her to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or re- loading of cargo as the Governor thinks necessary for the protection of human life, and may, from time to time, vary or add to any such order. (d.) Before the order for final detention is made, a copy of the report shall be served upon the master of the ship, and within seven days after such service the owner, or agent, or master of the ship may appeal in the prescribed manner to the Court of Survey constituted under Chapter III section 13 sub-section 8 of this Ordinance.

(e.) Where a ship has been provisionally detained, the owner, or agent, or master of the ship, at any time before the person appointed under this section to survey the ship makes such survey, may require that he shall be accompanied by such person of nautical, engineering, or other special skill and experience to be approved by the Governor as the owner or agent or master may select, and in such case, if the Surveyor or Assessor agree, the Gov- ernor shall cause the ship to be detained or re- leased accordingly, 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 like appeal touching the report of the surveyor as is before provided by this section. (f) Where a ship is provisionally detained, the Gov- ernor may at any time, if he thinks it expedient, refer the matter to the Court of Survey.

(g.) The Governor may, at any time, if satisfied that a ship detained under this Ordinance is not unsafe, order her to be released either upon or without any conditions.

2. If it appears that there was not reasonable and proba- ble cause, by reason of the condition of the ship or the act or default of the owner or agent, for the provisional deten- tion of the ship, the Governor shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or

survey.

If a ship is finally detained under this Ordinance, or if it appears that a ship provisionally detained was, at the time of such detention, unsafe within the meaning of this Ordi- nance, the owner of the ship shall be liable to pay to the Governor his costs of and incidental to the detention and survey of the ship, and those costs shall, without prejudice to any other remedy, be recoverable in a summary way before any Stipendiary Magistrate for the purposes of this Ordinance the costs of and incidental to any proceeding before a Court of Survey and a reasonable amount in respect of the remu- neration of the Surveyor of the Governor shall be deemed to be part of the costs of the detention and survey of the ship, and any dispute as to the amount of costs under this Ordinance may be referred to the Registrar of the Supreme