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THE HONGKONG GOVERNMENT GAZETTE, 18TH JULY, 1874.

Constitution

of Marine

Court.

[See Ordinance 11 of 1860, sec. 1.]

Unofficial

CHAPTER III.

MARINE COURTS.

XI. 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 a Stipendiary Magistrate, and two other persons, who shall be both or either of them Commissioned Officers in the Royal Navy, Govern- ment Marine Surveyors, or Masters in the mercantile marine.

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 remunerated. day that the Court shall hold its sitting.

members of Court to be

Cases where inquiries are to be instituted.

Powers of Court.

Further powers of Court.

[See M. S. A., 1854,

sec. 263.]

Court may

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 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, damage, or casualty happens elsewhere, and any competent witness thereof, arrive at, or be found at, any place in the said Colony;

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, 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. 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 requires 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 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;

(c.) 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.

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

investigation.

Jurisdiction

of the Vice-

Admiralty

Court not to

be affected.

Applicant to

Harbour

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

CHAPTER IV.

BOARD OF EXAMINERS.

XII. Whenever any person shall be desirous to obtain a cer- give notice to tificate of competency as master, mate, or engineer in the Master. mercantile marine, he shall give notice in writing to that effect to [SeeOrdinance the Harbour Master, who shall forward the same to the Governor. 17 of 1860.] Board of Examiners to be appointed.

of board.

con-

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

3. Upon such appointment being notified to the Harbour Master, he shall summon the other members of the said board to attend at the Harbour Master's office for the purpose of examining the said applicant, at a day and at an hour to be named in such summons, (such day not to be more than seven days after the date of such summons); and shall also notify the applicant to attend accordingly.

Harbour Mas- ter to summon board and

notify applicant.