721752-1860-HONG-KONG-ANNO-VICESIMO-QUARTO-VICTORLE-REGINE-NO-OF-1860 — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 30ти JUNE, 1860.

Establishment and Constitution of Ma- rine Court.

Cases in which In-

quiries are to be in-

stituted by such

Court.

Power of Court to compel Attendance of

and Mates of Ships and as to Casualties affecting Ships: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the Advice of the Legis- lative Council thereof, as follows:-

I. There shall be a Court established to be called "The Marine Court," and such Court shall sit at the Chief Magistrate's Office from Time to Time whensoever Occasion shall arise or require, and such Court shall consist of the Chief or Assistant Magistrate for the Time being, a Justice of the Peace other than the Chief and Assistant Magistrate. and the Harbour Master for the Time being.

II. In any of the Cases following (that is to say,) Whensoever a Charge of Incompe- tency or Misconduct shall be brought by any Person against any Master or Mate of a British Ship;

*

Whenever any Ship is lost, abandoned, or materially damaged, on or near the Coasts

of the Colony of Hongkong;

Whenever any Ship causes Loss or material Damage to any other Ship on or near

such Coasts;

Whenever by reason of any Casualty happening to or on board of any Ship on

or near such Coasts Loss of Life ensues;

Whenever any such Loss, Abandonment, Damage, or Casualty happens elsewhere and any competent Witnesses thereof arrive or be found at any Place in the said Colony;

It shall be lawful for such 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 they shall have the Powers given by the First Part of the 'Merchant Shipping Act 1854' to Inspectors appointed by the Board of Trade.

III. The said Court shall, so far as relates to the Summoning of Parties, compell- Parties, Witnesses, &cing the Attendance of Witnesses and the Regulation of the Proceedings, have the same Powers as are vested in the Court of Petty Sessions or in the Chief or Assistant Magis- trate in Proceedings relating to an Offence or Cause of Complaint upon which such Court of Petty Sessions or Magistrate has power to make a summary Conviction or Order, or as near as Circumstances will permit.

Report of Court to be sent to Board of Trade.

Power to appoint a Nautical Assessor.

Costs of such In- vestigations.

Masters and Mates may be required to

be held till close of inquiry.

IV. Upon the Conclusion of the Case the said Court shall send a Report to the Board of Trade containing a full Statement of the Case and of their Opinion thereon, ac- compained by such Reports of or Extracts from the Evidence and such Observations (if any) as the Court may think fit.

V. In cases where Nautical Skill and Knowledge are required, the Court shall have the Power to appoint some Person of Nautical Skill and Knowledge to act as Assessor to such Court. And such Assessor shall before the Conclusion of the Case either signify his Coincidence in the Report of the Court by signing the same, or if he dissents therefrom, shall signify such Dissent and his Reasons therefor to the Board of Trade.

VI. The said Court may make such Order with respect to the Costs of any such In- vestigation or any Portion thereof as they may deem fit, and such Costs shall be paid ac- cordingly and shall be recoverable in the same Manner as Costs in summary Proceedings before the Court of Petty Sessions or before the Chief or Assistant Magistrate.

VII. The said Court may, if they think fit, require any Master or Mate possessing deliver Certificates to a Certificate of Competency or Service whose Conduct is called in Question, or appears to them likely to be called in Question in the course of such Investigation, to deliver such Certificate to them and they shall hold the Certificate so delivered until the Conclusion of the Investigation, and shall then either return the same to such Master or Mate, or, if their Report is such as to enable the Board of Trade to cancel or suspend such Certificate under the Powers given to such Board by the Third Part of the Merchant Shipping Act 1854, shall forward the same to the Board of Trade, to be dealt with as such Board thinks fit; and if any Master or Mate fails so to deliver his Certificate when so required, he shall incur a Penalty not exceeding

Jurisdiction of the

VIII. Provided always, that Nothing in this Ordinance contained shall be taken to Court of Vice Admi- affect in any Way the Jurisdiction of the Vice-Admiralty Court of Hongkong howsoever

the same may be acquired.

ralty not to be affect- ed.

The f

published f

Counci

By His and Comma Admiral of

An Ordinar

also to a

Where

the purpose

of Victoria, such Works kong, with

I. AS

venue of thi supplying th hereafter be to be incurr Excellency such Sum o think fit.

II. In addition to

it shall be l such Portio Revenue in ed in that b

III. U on all the St and Soo-kos the gross A Year, and a Valuation A

IV. TI Place in ma ed therewith been borrow the Interest pended out

V. His Sums of Mo and for that to the Morty cable to the

VI. E of this Ordin cutive Coun such Intenti authorised a of Money as

VII. I clude the Of

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