the-ordinances-of-the-legislative-counci-1890v3 — Page 24

ORDINANCE No. 1 OF 1874. 1307


Merchant Shipping- Unseaworthy Ships.


No. 1 of 1874 .

An Ordinance to empower the Governor to exercise certain Powers under Title.

" The Merchant Shipping Act, 1873. "

[ 5th March, 1874. ]

HEREAS it is expedient to give similar powers to the Governor of Hongkong Preamble.
W to those which are exercised under sections 12 and 13 of " The Merchant
Shipping Act, 1873," by the Board of Trade : Re it enacted by the Governor of Hong
kong, with the advice of the Legislative Council thereof, as follows :

1. Where the Governor has received a complaint or has reason to believe that Survey of ships
suspected of
being unsea
any British ship is , by reason of the defective condition of her hull, equipments , or worthy.
[M. S. A. 73,
machinery, or by reason of overloading or improper loading, unfit to proceed to sea Para. 12.1
without serious danger to human life, he may, if he thinks fit, appoint some competent
person or persons to survey such ship, and the equipments, machinery and cargo
thereof, and to report thereon to the Governor.

Any person so appointed may, for the purposes of such survey, require the
unloading or removal of any cargo, ballast, or tackle and shall have all the powers of
an inspector appointed under " The Merchant Shipping Act, 1854."

Any person who (having notice of the intention to hold such survey) wilfully does
or causes to be done any act, by which the person appointed to make such survey is
prevented from or obstructed in ascertaining the condition of the ship , her equipments,
machinery and cargo, shall be liable to a penalty not exceeding fifty pounds.

The Governor may, if he thinks fit, order that any ship be detained for the purpose
of being surveyed under this section, and thereupon the Harbor Master may detain
such ship until her release be ordered either by the Governor or by any Court to which
an appeal is given under this Ordinance.

Upon the receipt of the report of the person making any such survey, the Governor
may, if in his opinion the ship cannot proceed to sea without serious danger to human
life, make such further order as he may think requisite as to the detention of the ship ,
or as to her release, either absolutely or upon the performance of such conditions
with respect to the execution of repairs or alterations, or the unloading or reloading of
cargo, as the Governor may impose. He may also, from time to time, vary or add to
such order.
A copy of any such order and of the report upon which it was founded, and also

of any variation of, or addition to, such order, shall be delivered as soon as possible to
the owner or master of the ship to which it relates .

When a ship has been detained under this section, she shall not be released by
reason of her British register having been closed.

2. If upon the survey of a ship under this Ordinance, she is reported to have Costs of survey.
[M. S. A. 73,
been at the time of the survey, having regard to the nature of the service for which Para. 13.1