1901_MERCHANT_SHIPPING_ORDINANCE__1899 — Page 23

HK Historical Laws 香港歷史法例 All AI Reviewed

ID 1899.]

MERCHANT SHIPPING.

[No. 10.

469

Table H.

the owner, agent, master, or charterer may appeal, in the manner prescribed by the general rules in Table H in the Schedule to this Ordinance, to a Court of Survey, constituted under this Ordinance, and, by the Governor, such Court may make such order with respect to the costs of any such investigation as it thinks fit. And such costs shall be paid accordingly, and shall be recoverable in the same manner as costs in summary proceedings before any Stipendiary Magistrate.

No appeal

(13.) On such appeal, the Court of Survey shall report to the Governor on the question raised by the appeal, and the Governor, when satisfied that the requirements of the report and the provisions of the enactments have been complied with, may give the certificates required.

(14) Subject to any order made by the Court of Survey, the costs of and incidental to an appeal under this section shall follow the event.

(15.) Where the survey of a ship is made for the purpose of a declaration under sub-section (8.) of this section, the person appointed to make the survey shall, if so required by the owner, agent, or charterer, be accompanied on the survey by some competent person appointed by the owner, agent, or charterer, to be approved by the Governor, and in such case, if the said two persons agree, there shall be no appeal to the Court of Survey in pursuance of this section.

(16.) It shall be lawful for the owner, agent, master, or charterer of any ship preferring an appeal under this section or under section 17 (5.) (d.) or (e.), in and by the notice of appeal required by the general rules in the said Table H, to give notice that he objects to the Marine Magistrate being a member of the Court of Survey, stating the grounds of his objection, and thereupon the Harbour Master shall forthwith forward such notice to the Governor, who may, in his discretion, direct that the Marine Magistrate shall not be a member of the Court of Survey.

(17.) The owner, agent, or master of every ship requiring a certificate under this section shall pay for every certificate granted by the Governor the fees mentioned in Table C in the Schedule to this Ordinance.

(18.) No certificate shall be held to be in force for the purposes of this section beyond a period of twelve months from the date of its issue or any shorter time specified in the certificate; and no certificate shall be in force after notice is given by the Governor to the owner, agent, or master of the ship to which the same relates that he has cancelled or revoked the same: Provided that if any ship is absent from the Colony at the time when her certificate expires, no penalty shall be incurred under this section until she commences a voyage after her next subsequent return to the Colony. The Governor may require any certificate which has expired or has been revoked or cancelled to be delivered up.

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ID 1899.] MERCHANT SHIPPING. [No. 10. 469 Table H. the owner, agent, master, or charterer may appeal, in the manner prescribed by the general rules in Table H in the Schedule to this Ordinance, to a Court of Survey, constituted under this Ordinance, and, by the Governor, such Court may make such order with respect to the costs of any such investigation as it thinks fit. And such costs shall be paid accordingly, and shall be recoverable in the same manner as costs in summary proceedings before any Stipendiary Magistrate. No appeal (13.) On such appeal, the Court of Survey shall report to the Governor on the question raised by the appeal, and the Governor, when satisfied that the requirements of the report and the provisions of the enactments have been complied with, may give the certificates required. (14) Subject to any order made by the Court of Survey, the costs of and incidental to an appeal under this section shall follow the event. (15.) Where the survey of a ship is made for the purpose of a declaration under sub-section (8.) of this section, the person appointed to make the survey shall, if so required by the owner, agent, or charterer, be accompanied on the survey by some competent person appointed by the owner, agent, or charterer, to be approved by the Governor, and in such case, if the said two persons agree, there shall be no appeal to the Court of Survey in pursuance of this section. (16.) It shall be lawful for the owner, agent, master, or charterer of any ship preferring an appeal under this section or under section 17 (5.) (d.) or (e.), in and by the notice of appeal required by the general rules in the said Table H, to give notice that he objects to the Marine Magistrate being a member of the Court of Survey, stating the grounds of his objection, and thereupon the Harbour Master shall forthwith forward such notice to the Governor, who may, in his discretion, direct that the Marine Magistrate shall not be a member of the Court of Survey. (17.) The owner, agent, or master of every ship requiring a certificate under this section shall pay for every certificate granted by the Governor the fees mentioned in Table C in the Schedule to this Ordinance. (18.) No certificate shall be held to be in force for the purposes of this section beyond a period of twelve months from the date of its issue or any shorter time specified in the certificate; and no certificate shall be in force after notice is given by the Governor to the owner, agent, or master of the ship to which the same relates that he has cancelled or revoked the same: Provided that if any ship is absent from the Colony at the time when her certificate expires, no penalty shall be incurred under this section until she commences a voyage after her next subsequent return to the Colony. The Governor may require any certificate which has expired or has been revoked or cancelled to be delivered up.
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ID 1899.] MERCHANT SHIPPING. [No. 10. 469 Table H. the owner, agent, master, or charterer may appeal, in the manner pre- bed by the general rules in Table H in the Schedule to this Or- Schedule: nance, to a Court of Survey, constituted under this Ordinance, and, constitution thereof by the Governor, such Court may make such der with respect to the costs of any such investigation as it thinks fit, And such costs shall be paid accordingly, and shall be recoverable in the ame manner as costs in summary proceedings before any Stipendiary Légistrate. Court of ja No appeal (13.) On such appeal, the Court of Survey shall report to the Gover- Report of or on the question raised by the appeal, and the Governor, when Survey. atisfied that the requirements of the report and the provisions of the actments have been complied with, may give the certificates required. (14) Subject to any order made by the Court of Survey, the costs of Costs. and incidental to an appeal under this section shall follow the event. (15.) Where the survey of a ship is made for the purpose of a declara- tion under sub-section (8.) of this section, the person appointed to make the survey shall, if so required by the owner, agent, or charterer, be accompanied on the survey by some competent person appointed by the owner, agent, or charterer, to be approved by the Governor, and in such case, if the said two persons agree, there shall be no appeal to the Court of Survey in pursuance of this section. of any to Court of Survey in certain case. constitution of Court. (16.) It shall be lawful for the owner, agent, master, or charterer Objections to any ship preferring an appeal under this section or under ection. 17 (5.) (d.) or (e.), in and by the notice of appeal required the general rules in the said Table H, to give notice that he objects the Marine Magistrate being a member of the Court of Survey, stating the grounds of his objection, and thereupon the Harbour Master shall forthwith forward such notice to the Governor, who may, in his discretion, direct that the Marine Magistrate shall not be a member of the Court of Survey. paid. for Schedule.: Table C. certificate. (17.) The owner, agent, or master of every ship requiring a certificate Fees to be under this section shall pay for every certificate granted by the Governor certificate. the fees mentioned in Table C in the Schedule to this Ordinance. (18.) No certificate shall be held to be in force for the purposes of Duration of this section beyond a period of twelve months from the date of its issue or any shorter time specified in the certificate; and no certificate shall be in force after notice is given by the Governor to the owner, agent, or master of the ship to which the same relates that he has cancelled or revoked the same: Provided that if any ship is absent from the Colony at the time when her certificate expires, no penalty shall be incurred under this section until she commences a voyage after her next subse- quent return to the Colony. The Governor may require any certificate which has expired or has been revoked or cancelled to be delivered up
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ID 1899.]

MERCHANT SHIPPING.

[No. 10.

469

Table H.

the owner, agent, master, or charterer may appeal, in the manner pre-

bed by the general rules in Table H in the Schedule to this Or- Schedule: nance, to a Court of Survey, constituted under this Ordinance, and, constitution thereof by the Governor, such Court may make such der with respect to the costs of any such investigation as it thinks fit, And such costs shall be paid accordingly, and shall be recoverable in the ame manner as costs in summary proceedings before any Stipendiary

Légistrate.

Court of

ja

No appeal

(13.) On such appeal, the Court of Survey shall report to the Gover- Report of or on the question raised by the appeal, and the Governor, when Survey. atisfied that the requirements of the report and the provisions of the actments have been complied with, may give the certificates required. (14) Subject to any order made by the Court of Survey, the costs of Costs. and incidental to an appeal under this section shall follow the event.

(15.) Where the survey of a ship is made for the purpose of a declara- tion under sub-section (8.) of this section, the person appointed to make the survey shall, if so required by the owner, agent, or charterer, be accompanied on the survey by some competent person appointed by the owner, agent, or charterer, to be approved by the Governor, and in such case, if the said two persons agree, there shall be no appeal to the Court of Survey in pursuance of this section.

of any

to Court of

Survey in certain case.

constitution of

Court.

(16.) It shall be lawful for the owner, agent, master, or charterer Objections to

any ship preferring an appeal under this section or under ection. 17 (5.) (d.) or (e.), in and by the notice of appeal required the general rules in the said Table H, to give notice that he objects the Marine Magistrate being a member of the Court of Survey, stating the grounds of his objection, and thereupon the Harbour Master shall forthwith forward such notice to the Governor, who may, in his discretion, direct that the Marine Magistrate shall not be a member of the Court of Survey.

paid. for

Schedule.: Table C.

certificate.

(17.) The owner, agent, or master of every ship requiring a certificate Fees to be under this section shall pay for every certificate granted by the Governor certificate. the fees mentioned in Table C in the Schedule to this Ordinance.

(18.) No certificate shall be held to be in force for the purposes of Duration of this section beyond a period of twelve months from the date of its issue or any shorter time specified in the certificate; and no certificate shall be in force after notice is given by the Governor to the owner, agent, or master of the ship to which the same relates that he has cancelled or revoked the same: Provided that if any ship is absent from the Colony at the time when her certificate expires, no penalty shall be incurred under this section until she commences a voyage after her next subse- quent return to the Colony. The Governor may require any certificate which has expired or has been revoked or cancelled to be delivered up

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