the-ordinances-of-the-legislative-counci-1890v3 — Page 25

1308 ORDINANCE No. 1 or 1874.


Merchant Shipping- Unseaworthy Ships.


she was then intended, unfit to proceed to sea without serious danger to human life,
the expenses incurred by the Governor in respect of the survey shall be paid by the
owner of the ship to the Governor and shall, without prejudice to any other remedy ,
be recoverable by him in the same manner as salvage is recoverable.

If upon such survey the ship is not reported to have been unfit to proceed to sea,
having regard to the nature of the service for which she was intended, the Governor
shall be liable to pay compensation to any person for any loss or damage which he may
have sustained by reason of the detention of the ship for the purpose of survey, or
otherwise in respect of such survey.

Where a complaint has been made to the Governor that a ship is not fit to proceed
to sea, he may, if he thinks fit, before ordering a survey of the ship, require the
complainant to give or provide such security as he may think sufficient for the payment
of the costs and expenses which he may incur in respect of the survey of the ship and
of the compensation which he may be rendered liable to pay for loss or damage caused
by her detention for the purpose of such survey, or otherwise in respect of such survey .

Where a ship has been surveyed under this Ordinance in consequence of a
complaint made to the Governor, if upon such survey being made, it appear that such
complaint was made without reasonable cause, the expenses incurred by the Governor
in respect of the survey of the ship and the amount, if any, which the Governor may
have been rendered liable to pay in respect of any loss or damage caused by her
detention, shall be recoverable by the Governor from such complainant.

All moneys payable by the Governor in respect, or by reason of the survey or
detention of a ship under this Ordinance, shall, subject to the right by this section
provided of recovering such moneys from the complainant, be paid out of moneys to
be provided by the Imperial Parliament.

Appeal from 3. If the owner of any ship surveyed under this Ordinance is dissatisfied with any
decision of
Governor. order of the Governor made upon such survey, he may apply to the Vice-Admiralty
(M. S. A. 73,
Para. 14.]
Court of Hongkong. The Court may, upon such application , if it thinks fit, appoint
one or more competent persons to survey the ship anew, and any surveyor so appointed
shall have all the powers of the person by whom the original survey was made. Such
survey anew shall, if so required by the Governor or the shipowner, be made in the
presence of any person or persons appointed by them respectively to attend at the
survey.

The Court to which such application is made may make such order as to the
detention or release of the ship , as to the payment of any costs and damages which
may have been occasioned by her detention, as to the payment of the expenses of the
original survey, and of the survey anew, and otherwise as to the payment of any costs
of, and incident to, the application , as to the Court may seem just.

[Repealed by Ordinance No. 8 of 1879.]