688264-1878-Bill-read-first-time-Merchant-Shipping-Punishment-for-Breach-of-Prison-Discipline- — Page 12

THE HONGKONG GOVERNMENT GAZETTE, 4т¤ MAY, 1878.

powers of

(See M. S. A.,

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

(a.) It may, if unanimous that the safety of the ship or Court.

crew, or the interest of the owner, absolutely requires 1854, it, supersede the master of any British ship then being sec. 263.) within the waters of the Colony, and may appoint another person to act in his stead; but no such appoint- ment shall be made without the consent of the consignee 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 dis- charged, or any part of such wages to be forfeited, and may direct the same to be retained by way of compen- sation to the owner.

12. Each member of the Court shall either sign the Report made on any investigation under this section, or report to the Governor his reasons for dissent therefrom.

of costs of any

13. The Court may make such order with respect to the Court may costs of any such investigation as they think fit, and such costs) order payment shall be paid accordingly, and shall be recoverable in the same! investigation. manner as costs in summary proceedings before any Police Magistrate.

of of the Vice-

14. Nothing in this section contained shall be deemed to affect Jurisdiction in any way the jurisdiction of the Vice-Admiralty Court Hongkong.

Appeal on refusal of certain Certificates to Ships. XIV. If a ship-owner feels aggrieved,-

Admiralty Court not to be affected,

(M.S.A. 1876,

(a.) By a declaration of a Shipwright Surveyor, or an Engi- paru. 14.)

neer Surveyor under sub-section 8 of section VI, of this Ordinance, or by the refusal of a Surveyor to give the said declaration, or

(b.) By the refusal of a certificate of clearance for an emi- grant ship under the "Chinese Emigration Consolidation Ordinance, 1874," or

(c.) By the refusal of a certificate of clearance under this

Ordinance,

the owner, charterer, or agent may appeal in the prescribed manner to the Court of Survey.

2. On such appeal, the Court of Survey shall report to the Governor on the question raised by the appeal, and the Governor, when satisfied that the requirements of the report and the provisions of the enactments have been complied with, may give the certificates required

3. Subject to an,

y ~nt Cic...

Le costs of and in- cidental to an appeal under this section shall follow the event.

4. Subject as aforesaid, the provisions of this Ordinance with res- pect to the Court of Survey and appeals thereto, so far as consistent with the tenour thereof shall apply to the Court of Survey when sitting under this section, and to appeals under this section.

5. Where the survey of a ship is made for the purpose of a decla- ration or certificate under the said enactments, the person appointed to make the survey shall, if so required by the owner, charterer, or agent, be accompanied on the survey by some competent person appointed by the owner, charterer, or agent, to be approved by the Governor, and in such case, it tu said two persons agree, there shall be no appeal to the Court of Survey in pursuance of this > section.

CHAPTER IV.

BOARD OF EXAMINERS.

XV. Examination shall be instituted for persons who intend to (M.S.A. 1854, become masters, engineers, or mates of foreign going ships, or who para, 131.) wish to procure certificates of competency hereinafter mentioned.

2. The Governor in Council may, from time to time, lay down (M.S.A. 1854, rules as to the conduct of such examinations, and as to the quali- para. 132.) fications of the applicants, and such rules shall be strictly adhered to by all examiners.

3. Whenever any person shall be desirous to obtain a cer- Applicant to tificate of competency as master, mate, or engineer in the give notice to mercantile marine, he shall give notice in writing to that effect to Harbour the Harbour Master, who shall forward the same to the Governor. (SeeOrdinance

17 of 1860.)

Master.

4. It shall thereupon be lawful for the Governor to con- Board of stitute and appoint a board of examiners to inquire into the Examiners to competency of such applicant, and such board shall consist of be appointed. three members, one of whom shall be the Harbour Master, and the remaining two shall be either or both Commissioned Constitution Officers in the Royal Navy, or Masters, or duly qualified Engineers of board. in the mercantile marine.

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