1496
[M.S.A. 1876,
sec. 11.] Power to
require from complainant security for
costs.
[M.S.A. 1876, SEC. 12.]
ORDINANCE No. 8 OF 1879.
Merchant Shipping.
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 the provisions of subsections 2, 3, 4, and 5, of section 83, chapter 14, of the Hongkong Code of Civil Procedure shall apply to such suit.
3. Where a complaint is made to the Governor that a British or Colonial ship is unsafe, he may, if he thinks fit, require the complainant to give security to his satisfaction for the costs and compensation which he may incur as hereinafter mentioned.
Provided that where the complaint is made by one-fourth, being not less than three, of the seamen belonging to the ship, and is not, in the opinion of the Governor, frivolous or vexatious, such security shall not be required, and the Governor shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained under this Ordinance.
4. An order for the detention of a ship provisional or final and an order varying the same, shall be served as soon as may be on the master as to detention of the ship.
Supplementary
provisions
as to detention
of ships.
(a.) When a ship has been detained under this Ordinance, she shall not be released by reason of her British or Colonial register being subsequently closed.
(b.) For the purposes of a survey under this Ordinance, any person authorised to make the same may go on board the ship and inspect the same and every part thereof, and the machinery, equipments and cargo, and may require the unloading or removal of any cargo, ballast, or tackle.
(c.) The provisions of the "Merchant Shipping Act, 1854,"
with
respect to persons who wilfully impede an inspector, shall apply as if those provisions were herein enacted, with the substitution for the inspector of any member of the Court of survey, assessor, or surveyor, who, under this Ordinance, has the same powers as an inspector or has authority to survey a ship.
1496
[M.S.A. 1876,
sec. 11.] Power tu
require from complainant security for
COSES.
[M.S.A. 1876, SUG. 12.]
ORDINANCE No. 8 OF 1879.
Merchant Shipping.
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 the provisions of subsections 2, 3, 4, and 5, of section 83, chapter 14, of the Hongkong Code of Civil Procedure shall apply to such suit.
3. Where a complaint is made to the Governor that a British or Colonial ship is unsafe, he may, if he thinks fit, require the complainant to give security to his satisfaction for the costs and compensation which he may incur as hereinafter mentioned.
Provided that where the complaint is made by one-fourth, being not less that three, of the seamen belonging to the ship, and is not, in the opinion of the Governor, frivolous or vexatious, such security shall not be required, and the Governor shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained under this Ordinance.
4. An order for the detention of a ship provisional or final and an order varying the same, shall be served as soon as may be on the master as to detention of the ship.
Supplenient-
ary provisions
of ships.
(a.
When a ship has been detained under this Ordinance, she shall not be released by reason of her British or Colonial register being subsequently closed.
(b.) For the purposes of a survey under this Ordinance, any person authorised to make the same may go on board the ship and inspect the same and every part thereof, and the machinery, equipments and cargo, and may require the unloading or removal of any cargo, ballast, or tackle.
(c.) The provisions of the "Merchant Shipping Act, 1854,'
with
respect to persons who wilfully impede an inspector, shall apply as if those provisions were herein enacted, with the substitution for the inspector.of any member of the Court of survey, assessor, or surveyor, who, under this Ordinance, has the same powers as an inspector or has authority to survey a ship.
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