1912_MERCHANT_SHIPPING_ORDINANCE__1899 — Page 43

HK Historical Laws 香港歷史法例 All AI Reviewed

984

No. 10 of 1899.

(s. 19 contd.)

Decision of Court. M. S. Act, 1894, s. 470.

Report to Board of Trade.

Copy of report to be furnished.

Board of Trade may order re-hearing.

Person who applies for Court to assist it. ib. s. 466.

Further powers of Court.

MERCHANT SHIPPING.

or give such information as is required by the Merchant Shipping Acts.

(9) Where any case before any such Court as aforesaid involves a question as to the cancelling or suspending of a certificate, the Court shall, at the conclusion of the case or as soon afterwards as possible, state in open Court the decision to which it has come with respect to the cancelling or suspending thereof.

(10) The Court shall in all cases send a full report on the case, with the evidence, to the Board of Trade, and shall also, if it determines to cancel or suspend any certificate, send the certificate cancelled or suspended to the Board of Trade or other authority by whom the certificate was granted.

(11) A certificate shall not be cancelled or suspended by a Court under this section, unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, has been furnished, before the commencement of the investigation or inquiry, to the holder of the certificate.

(12) The Board of Trade may order the re-hearing of any inquiry under this section in like manner as they may order the re-hearing of a similar investigation or inquiry in the United Kingdom, but if an application for re-hearing either is not made or is refused, an appeal shall lie from any order or finding of the Court or tribunal holding the inquiry to the High Court in England: Provided that an appeal shall not lie,

(a) from any order or finding on an inquiry into a casualty affecting a ship registered in a British possession; or

(b) from a decision affecting the certificate of a master, mate, or engineer, if that certificate has not been granted, either in the United Kingdom or in a British possession, under the authority of the Merchant Shipping Acts.

(13) It shall be the duty of the person who has applied for a Marine Court to superintend the management of the case and to render such assistance to the Court as is in his power.

(14) The Court may also exercise the following further powers:

(a) it may, if unanimous that the safety of the ship or crew, or the interest of the owner, absolutely requires it, supersede the master of any British or colonial ship then being within the waters...

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984 No. 10 of 1899. (s. 19 contd.) Decision of Court. M. S. Act, 1894, s. 470. Report to Board of Trade. Copy of report to be furnished. Board of Trade may order re-hearing. Person who applies for Court to assist it. ib. s. 466. Further powers of Court. MERCHANT SHIPPING. or give such information as is required by the Merchant Shipping Acts. (9) Where any case before any such Court as aforesaid involves a question as to the cancelling or suspending of a certificate, the Court shall, at the conclusion of the case or as soon afterwards as possible, state in open Court the decision to which it has come with respect to the cancelling or suspending thereof. (10) The Court shall in all cases send a full report on the case, with the evidence, to the Board of Trade, and shall also, if it determines to cancel or suspend any certificate, send the certificate cancelled or suspended to the Board of Trade or other authority by whom the certificate was granted. (11) A certificate shall not be cancelled or suspended by a Court under this section, unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, has been furnished, before the commencement of the investigation or inquiry, to the holder of the certificate. (12) The Board of Trade may order the re-hearing of any inquiry under this section in like manner as they may order the re-hearing of a similar investigation or inquiry in the United Kingdom, but if an application for re-hearing either is not made or is refused, an appeal shall lie from any order or finding of the Court or tribunal holding the inquiry to the High Court in England: Provided that an appeal shall not lie, (a) from any order or finding on an inquiry into a casualty affecting a ship registered in a British possession; or (b) from a decision affecting the certificate of a master, mate, or engineer, if that certificate has not been granted, either in the United Kingdom or in a British possession, under the authority of the Merchant Shipping Acts. (13) It shall be the duty of the person who has applied for a Marine Court to superintend the management of the case and to render such assistance to the Court as is in his power. (14) The Court may also exercise the following further powers: (a) it may, if unanimous that the safety of the ship or crew, or the interest of the owner, absolutely requires it, supersede the master of any British or colonial ship then being within the waters...
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984 No. 10 of 1899. (s. 19 contd.] Decision of Court. M. S. Act, 1894, s. 470. Report to Board of Trade. Copy of report to be furnished. Board of Trade may order re- hearing. Person who applies for Court to assist it. ib. s. 466. Further powers of Court. MERCHANT SHIPPING. or give such information as is required by the Merchant Shipping Acts. (9) Where any case before any such Court as aforesaid involves a question as to the cancelling or suspending of a certificate, the Court shall, at the conclusion of the case or as soon afterwards as possible, state in open Court the decision to which it has come with respect to the cancelling or suspending thereof. (10) The Court shall in all cases send a full report on the case, with the evidence, to the Board of Trade, and shall also, if it de- termines to cancel or suspend any certificate, send the certificate cancelled or suspended to the Board of Trade or other authority by whom the certificate was granted. (11) A certificate shall not be cancelled or suspended by a Court under this section, unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, has been furnished, before the commencement of the investigation or inquiry, to the holder of the certificate. (12) The Board of Trade may order the re-hearing of any inquiry under this section in like manner as they may order the re-hearing of a similar investigation or inquiry in the United Kingdom, but if an application for re-hearing either is not made or is refused, an appeal shall lie from any order or finding of the Court or tribunal holding the inquiry to the High Court in England: Provided that an appeal shall not lie,- (a) from any order or finding on an inquiry into a casualty affect- ing a ship registered in a British possession; or (b) from a decision affecting the certificate of a master, mate, or engineer, if that certificate has not been granted, either in the United Kingdom or in a British possession, under the authority of the Merchant Shipping Acts. (13) It shall be the duty of the person who has applied for a Marine Court to superintend the management of the case and to render such assistance to the Court as is in his power. (14) The Court may also exercise the following further powers (a) it may, if unanimous that the safety of the ship or crew, or the interest of the owner, absolutely requires it, supersede the master of any British or colonial ship then being within the waters S t t e. KÕLA DE 2 or ཊུཅ ུ་ྲ ལྦུ pc be be ca an or Jt re- ing sh ཁྐྲཊྛ an pe: to
2026-05-03 03:56:17 · Baseline
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984

No. 10 of 1899.

(s. 19 contd.]

Decision of Court. M. S. Act, 1894, s. 470.

Report to Board of Trade.

Copy of report to be furnished.

Board of Trade may order re- hearing.

Person who applies for

Court to

assist it. ib. s. 466.

Further powers of Court.

MERCHANT SHIPPING.

or give such information as is required by the Merchant Shipping Acts.

(9) Where any case before any such Court as aforesaid involves a question as to the cancelling or suspending of a certificate, the Court shall, at the conclusion of the case or as soon afterwards as possible, state in open Court the decision to which it has come with respect to the cancelling or suspending thereof.

(10) The Court shall in all cases send a full report on the case, with the evidence, to the Board of Trade, and shall also, if it de- termines to cancel or suspend any certificate, send the certificate cancelled or suspended to the Board of Trade or other authority by whom the certificate was granted.

(11) A certificate shall not be cancelled or suspended by a Court under this section, unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, has been furnished, before the commencement of the investigation or inquiry, to the holder of the certificate.

(12) The Board of Trade may order the re-hearing of any inquiry under this section in like manner as they may order the re-hearing of a similar investigation or inquiry in the United Kingdom, but if an application for re-hearing either is not made or is refused, an appeal shall lie from any order or finding of the Court or tribunal holding the inquiry to the High Court in England: Provided that an appeal shall not lie,-

(a) from any order or finding on an inquiry into a casualty affect- ing a ship registered in a British possession; or

(b) from a decision affecting the certificate of a master, mate, or engineer, if that certificate has not been granted, either in the United Kingdom or in a British possession, under the authority of the Merchant Shipping Acts.

(13) It shall be the duty of the person who has applied for a Marine Court to superintend the management of the case and to render such assistance to the Court as is in his power.

(14) The Court may also exercise the following further powers (a) it may, if unanimous that the safety of the ship or crew, or the interest of the owner, absolutely requires it, supersede the master of any British or colonial ship then being within the waters

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