CAP. 369]
Merchant Shipping (Safety)
[1981 Ed.
Appeal to court of survey.
No appeal in certain cases.
Issue of passenger certificate.
(2) The surveyor conducting a survey under subsection (1) shall, if satisfied that he can properly do so, complete a declaration of survey and forward the completed declaration to the Director.
(3) This section applies to-
(a) ships of not less than 500 tons gross tonnage;
(b) ships of not less than such lower tonnage and of such description as the Governor with the consent of the Secretary of State for Trade may by order specify;
(c) ships not registered in Hong Kong only while they are in the waters of Hong Kong and are not exempt from the cargo ship construction and survey regulations, other than passenger ships.
12. (1) If an owner or master is aggrieved-
(a) by a declaration of a surveyor under this Part, or by the refusal of a surveyor to give the said declaration; or
(b) by the refusal of a certificate of clearance under this Ordinance,
the owner or master may appeal, in the manner prescribed by regulations, to a court of survey, and upon the constitution thereof 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 magistrate.
(2) 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 this Ordinance and any other enactment have been complied with, may require the Director to give the certificates required.
13. Where the survey of a ship is made for the purpose of a declaration under this Part, the person appointed to make the survey shall, if so required by the owner or master, be accompanied on the survey by some competent person appointed by the owner or master, to be approved by the Director, and in such case, if those 2 persons agree, there shall be no appeal to the court of survey as provided by section 12.
Issue of certificates
14. If the Director, on receipt of a declaration of survey under section 10 in respect of a passenger ship, is satisfied that this Part has been complied with, he shall, on the application of the owner, agent or master, issue a passenger certificate stating such compliance and stating the terms of the declaration in accordance with section 10(3) and (4).
10
CAP. 369]
Merchant Shipping (Safety)
[1981 Ed.
Appeal to court of survey.
No appeal in
certain cases.
Issue of
passenger certificate.
(2) The surveyor conducting a survey under subsection (1) shall, if satisfied that he can properly do so, complete a declaration of survey and forward the completed declaration to the Director.
(3) This section applies to-
(a) ships of not less than 500 tons gross tonnage;
(b) ships of not less than such lower tonnage and of such description as the Governor with the consent of the Secre- tary of State for Trade may by order specify;
(c) ships not registered in Hong Kong only while they are in the waters of Hong Kong and are not exempt from the cargo ship construction and survey regulations,
other than passenger ships.
12. (1) If an owner or master is aggrieved-
(a)
by a declaration of a surveyor under this Part, or by the refusal of a surveyor to give the said declaration; or
(b) by the refusal of a certificate of clearance under this
Ordinance,
the owner or master may appeal, in the manner prescribed by regulations; to a court of survey, and upon the constitution thereof 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 magistrate.
(2) 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 this Ordi- nance and any other enactment have been complied with, may require the Director to give the certificates required.
13. Where the survey of a ship is made for the purpose of a declaration under this Part, the person appointed to make the survey shall, if so required by the owner or master, be accompanied on the survey by some competent person appointed by the owner or master, to be approved by the Director, and in such case, if those 2 persons agree, there shall be no appeal to the court of survey as provided by section 12.
Issue of certificates
14. If the Director, on receipt of a declaration of survey under section 10 in respect of a passenger ship, is satisfied that this Part has been complied with, he shall, on the application of the owner, agent or master, issue a passenger certificate stating such compliance and stating the terms of the declaration in accordance with section 10(3) and (4).
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