480
See Ordinance
No. 3 of 1901
Power to require from complainant security for costs.
Supplementary provisions
No. 10.] THE ORDINANCES OF HONGKONG : [A.D. 18.
without prejudice to any other remedy, be recoverable in a summary way before any Stipendiary Magistrate.
(c.) For the purposes of this Ordinance, the costs of and incident to any proceeding before a Court of Survey, and a reasonable amount in respect of the remuneration of the surveyor, shall be part of the costs of the detention and survey of the ship; and any dispute as to the amount of costs under this Ordinance may be referred to the Registrar of the Supreme Court, who, on request made to him for that purpose by the Governor, shall ascertain and certify the proper amount of such costs.
(d.) A claim for any costs or compensation payable by the Government under this section may be brought against the Attorney General in an action brought by the plaintiff as claimant against the Attorney General as defendant, and the provisions of the Code of Civil Procedure for the time being in force relating to actions against the Government of the Colony shall apply to such action.
(7.) 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 may be incurred by the Government, and any action that may be necessary to enforce such security may be brought in the name of the Attorney General for and on behalf of the Governor: 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.
(8.)-(a.) An order for the detention of a ship, whether provisional as to detention or final, and an order varying the same, shall be served as soon as may be on the master of the ship.
Detention of ships.
57 & 58 Vict. c. 60.
(b.) 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.
(c.) For the purposes of a survey under this section, any person authorized to make the same may go on board the ship and inspect the same and every part thereof and the machinery, equipment, and cargo, and may require the unloading or removal of any cargo, ballast, tackle.
(d) The provisions of the Merchant Shipping Act, 1894, 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...
480
See Ordinance
No. 3 of 19013
Power to require from complainant security for costa.
Supplement-
ary provisions
No. 10.] THE ORDINANCES OF HONGKONG : [A.D. 18.
without prejudice to any other remedy, be recoverable in a sun way before any Stipendiary Magistrate.
(c.) For the purposes of this Ordinance, the costs of and incident to any proceeding before a Court of Survey, and a reasonable amo in respect of the remuneration of the surveyor, shall be part of costs of the detention and survey of the ship; and any dispute as the amount of costs under this Ordinance may be referred Registrar of the Supreme Court, who, on request made to him that purpose by the Governor, shall ascertain and certify the pro amount of such costs.
:
(d.) A claim for any costs or compensation payable by the Government under this section may be brought against the Attorney General an action brought by the plaintiff as claimant against the Attorne General as defendant, and the provisions of the Code of Civil Procedu for the time being in force relating to actions against the Gove ment of the Colony shall apply to such action.
(7.) Where a complaint is made to the Governor that a British t 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 may be incurred by the Government, and any action that may b necessary to enforce such security may be brought in the name of the Attorney General for and on behalf of the Governor: Provided the 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 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.
(8.)-(a.) An order for the detention of a ship, whether provisional as to detention or final, and an order varying the same, shall be served as soon as may
be on the master of the ship.
of ships.
57 & 58 Vict. c. 60...
(b.) When a ship has been detained under this Ordinance, she shal not be released by reason of her British or Colonial register being sub sequently closed.
(c.) For the purposes of a survey under this section, any person authorized to make the same may go on board the ship and inspect the same and every part thereof and the machinery, equipment, and car and may require the unloading or removal of any cargo, ballast, tackle.
(d) The provisions of the Merchant Shipping Act, 1894, with respect to persons who wilfully impede an inspector shall apply as if those pro visions were herein enacted, with the substitution for the inspector of au member of the Court of Survey, assessor, or surveyor, who, under th
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