1901_MERCHANT_SHIPPING_ORDINANCE__1899 — Page 36

482

Constitution of Court.

Unofficial members of Court to be remunerated.

Enumeration of shipping casualties.

M. S. Act, 1894, s. 464.

No. 10.] THE ORDINANCES OF HONGKONG : [A.D. 1860

(2.) Such Court shall consist of not more than five or less than three members, of whom one shall be a Stipendiary Magistrate and President of the Court, and one or more a commissioned officer or officers in the Royal Navy, and the remainder masters of the British mercantile marine, or such persons of nautical, engineering, or other special skill or knowledge as the Governor may think fit to appoint: Provided always that where any investigation involves or appears likely to involve any question as to the cancelling or suspension of the certificate of a master, mate, or engineer, the Court shall include not less than two members having experience in the merchant service.

(3.) Each of the unofficial members of such Court shall be paid, out of the Colonial Treasury, the sum of ten dollars a day, or such other sum as the Governor may, in any special case, direct, during each day that the Court may hold its sitting.

(4.) For the purpose of an investigation under this Part, a shipping casualty shall be deemed to occur-

(a.) when on or near the coasts of the Colony any ship has been abandoned, or materially damaged;

(b.) when on or near the coasts of the Colony any ship has been stranded or damaged, and any witness is found in the Colony;

(c.) when on or near the coasts of the Colony any ship causes loss or material damage to any other ship;

Ord. 2/03 3.11

Cases for inquiry, and jurisdiction of Court.

Ib. s. 478.

(d.) when any loss of life ensues by reason of any casualty happening to or on board any ship on or near the coasts of the Colony;

(e.) when in any place any such loss, abandonment, material damage, or casualty as above mentioned has occurred, and any witness is found in the Colony;

(f.) when in any place any British or Colonial ship has been stranded or damaged, and any witness is found in the Colony; and

(g.) when any British or Colonial ship has been lost or is supposed to have been lost, and any evidence is obtainable in the Colony as to the circumstances under which she proceeded to sea or was last heard of.

(5.) In any of the following cases; that is to say,

(a.) where a shipwreck or casualty occurs to a British or Colonial ship on or near the coasts of the Colony or to a British or Colonial ship in the course of a voyage to the Colony;

(b.) where a shipwreck or casualty occurs in any part of the world to a ship registered in the Colony;

(c.) where some of the crew of a British or Colonial ship which has been wrecked or to which a casualty has occurred, and who are competent witnesses to the facts, are found in the Colony;

(d.) where the incompetency or misconduct has occurred on board a British or Colonial ship.