ORDINANCE No. 11 OF 1860.
Marine Court of Inquiry,
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.
3. The said Court shall, so far as relates to the summoning of parties, compelling the attendance of witnesses, the regulation of the proceedings, and the enforcement of penalties, have the same powers as are vested in the Court of Petty Sessions or in the Chief or assistant Magistrate 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.
4. 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, accompanied by such reports of or extracts from the evidence, and such observations (if any) as the Court may think fit.
5. The said Court may make such order with respect to the costs of any such investigation or any portion thereof as they may deem fit, and such costs shall be paid accordingly, 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.
6. The said Court may, if they think fit, require any master or mate possessing 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 fail so to deliver his certificate, when so required, he shall incur a penalty not exceeding two hundred current dollars.
7. Provided always, that nothing in this Ordinance contained shall be taken to affect in any way the jurisdiction of the Vice-Admiralty Court of Hongkong, howsoever the same may be acquired.
[Repealed by Ordinance No. 8 of 1879.]
475
Power of Court to compel attendance of parties, witnesses, &c.
[* See Ord. No. 6 of 1862.]
Report of Court to be sent to Board of Trade.
Costs of such investigations.
Masters and mates may be required to deliver certificates to be held till close of inquiry.
Jurisdiction of the Court of Vice-Admiralty not to be affected.
ORDINANCE No. 11 OF 1860.
Marine Court of Inquiry,
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 else- where 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 in- competency 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.
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3. The said Court shall, so far as relates to the summoning of parties, compelling the attendance of witnesses, the regulation of the proceedings, and the enforcement of penalties, have the same powers as are vested in the Court of Petty Sessions* or in the Chief or assistant Magistrate 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.
4. 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, accompanied by such reports of or extracts from the evidence, and such observations (if any) as the Court may think fit.
5. 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 accordingly, and shall be recoverable in the same manner as costs in summary proceed- ings before the Court of Petty Sessions or before the Chief or Assistant Magistrate.
6. The said Court may, if they think fit, require any master or mate possessing 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 certi- ficate under the powers given to such Board by the Third Part of the "Merchant Ship- ping 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 fail so to deliver his certificate, when so required, he shall incur a penalty not exceeding two hundred current dollars.
7. Provided always, that nothing in this Ordinance contained shall be taken to affect in any way the jurisdiction of the Vice-Admiralty Court of Hongkong, howsoever the same may be acquired.
[Repealed by Ordinance No. 8 of 1879.]
475
Power of Court to compel attend- unce of parties, witnesses, &c.
[* See Ord. Nɔ, 6 of 1862.]
Report of Court" to be sent to Board of Trade.
Costs of such investigations.
Masters and mates may be required
to deliver certi- fleates to be held till close of inquiry.
Jurisdiction of the Court of Vice-Admiralty not to be affected.
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