688264-1878-Bill-read-first-time-Merchant-Shipping-Punishment-for-Breach-of-Prison-Discipline- — Page 8

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THE HONGKONG GOVERNMENT GAZETTE, 4TH MAY, 1878.

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Unseaworthy Ships.

IX. Where a British ship being in any port of the Colony, is by (M.S.A. 1876, reason of the defective condition of her hull, equipment, or para. 6.) machinery, or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, Power to de- having regard to the nature of the service for which she is intended, ships, and pro- any such ship (hereinafter referred to as "unsafe") may be pro- cedure for such visionally detained for the purpose of being surveyed, and either detention. finally detained or released, as follows:-

(a.) The Governor, if he has reason to believe on complaint, 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 reloading 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 shi within seven days after such service the owner o agent or master of the ship may appeal in the pres-ribed manner to the Court of Survey constituted under section

of this Ordinance.

and

(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 Governor shall cause the ship to be detained or rel- sed accordingly, but if they differ, the Governor may

tion had not been made, and th master shall have the like appr

1. C.. for as is

(f) Where

y lo

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f the requ

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agent a d

e report of

դր.

the Governor 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.

tain unsafe

2. If it appears that there was not reasonable and probable (M.S.A. 1876, cause, by reason of the condition of the ship or the act or default para. 10.)

of th

owner or agent, for the provisional detention of the ship, Liability of the the Governor shall be liable to pay to the owner of the ship his Governor and costs of and incidental to the detention and survey of the ship, costs and

ship-owner for and also compensation for any loss or damage sustained by him by damages. 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 deten- tion, unsafe within the meaning of this Ordinance, 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 pur- poses of this Ordinance the costs of and incidental to any proceed ing before a Court of Survey and a reasonable amount in respect of the remuneration 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 Ördinance may be referred to the Registrar of the Supreme Court, who, on request made to him for that purpose by the Governor, shall ascertain and certify the proper amount of such costs.

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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 provisions of sub- sections 2, 3, 4, & 5, of para. 83, chapter

th of the Hongkong Code of Civil Procedure shall apply to

XIV. 3. Whe

such sui Lere a complaint is ma

or that a British (M.S.A. 1876, ship is unsafe, he may, if he thinks fit, require th the Goveri,

e complainant to para. 11.) give security to his satisfaction for the costs and tioned.

Power to re- Compensation which he may become liable to pay as hereinafter men

quire from complai securit

costs

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