688264-1878-Bill-read-first-time-Merchant-Shipping-Punishment-for-Breach-of-Prison-Discipline- — Page 11

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THE HONGKONG GOVERNMENT GAZETTE, 4TH MAY, 1878.

Unofficial members of

Court to be remunerated.

Cases where inquiries are to be instituted.

Powers of Court.

(M.S.A. 1854, para. 24.)

Rules as to procedure, fees, &c.

(M.S.A. 1876, pars. 30.)

Constitution

power and

procedure of Court of Survey.

(M.S.A. 1876, para. 7 & 8.)

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

ay 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 misconduct 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; (e.) 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 com- petent witness thereof, arrive at, or be found at, any place in the said Colony;

(f.) Whenever a British ship has been lost, or is supposed 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, damage, or casualty, and for such purposes, it shall have the powers given by the first part of "The Merchant Shipping Act, 1854," to Inspectors ap- pointed 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 provided by the said last mentioned section.

4. Every master or mate or engineer whose certificate is or is to be suspended or cancelled in pursuance of this Ordinance shall, upon demand of the Court, deliver bis certificate 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 suspended or cancelled until such suspension or cancella- tion shall have been approved by the Governor.

5. The Governor in Council may, from time to time, make and when made revoke, alter and add to general rules for carrying into effect the enactments relating to formal investigation into shipping casualties and in particular with respect to the procedure, the narties, the persons "llowed *ar year, the ration anu person. 29 Oi

of fees.

marties and application

6. All such rules while in force shall have effect as if enacted by this Ordinance.

7. Every formal investigation into a shipping casualty shall be conducted in such a manner that if a charge is made against any person that person shall have an opportunity of making a defence. 8. The Court shall also be a Court of Survey, and when sitting as a Court of Survey the following provisions shall have effe:

(a) The case shall be heard in open Court.

(b.) Each member of the Court may survey the ship and shall have for the purposes of this section all the powers of an Inspector appointed by the Board of Trade under the "Merchant Shipping Act, 1854.”

(c.) The Court may appoint any competent person or persons to survey the ship and report thereon fo the Court, and such person or persons in case of disagreement to be appointed by a majority of the members.

(d.) The Court shall have the same power as the Governor has to order the ship to be released or finally detained, but unless a majority of the members of the Court concur in an order for the detention of the ship, the ship shall be released.

(e.) The owner or agent and master of the ship and any person appointed by the owner or agent or master, may attend at any inspection or survey made in pursuance of this section.

Rules for pro- 9. The Governor in Council may, from time to time, make and cedure of Court when made revoke, alter and add to general rules to carry into of Survey, &c. effect the provisions of this Ordinance with respect to a Court of (M.S.A. 1876, para. 9.)

Survey, and in particular with respect to the summoning of and procedure before the Court, the requiring on an appeal security for costs and damages, the amount and application of fees and the publication of the rules.

10. All such rules, while in force, shall have effect as if enacted in this Ordinance, and the expression "prescribed" in the provisions of this Ordinance relating to the detention of ships or Court of Survey means perscribed by such rules.