MARINE COURT OF INQUIRY ORDINANCE

MARINE COURT OF INQUIRY ORDINANCE

Marine Court of Inquiry.

No. 11 of 1880.

An Ordinance to constitute a Marine Court of Inquiry in Hongkong.

[10th July, 1860. ]

rmuEnhip. '( xx'~'HEREAS it is expedient to constitute a tribunal within
this Colony with author-

ity to snake inquiry into charges of incompetency or misconduct on
the.part

of masters and mates of ships, and as to casualties affecting ships: Be
it, therefore,
enacted and ordained by His Excellency the Governor of Hongkong, with the
advice of
the Legislative Council thereof, as follows:-

[' Sae Ord. .i'o. S
VIM.]

ruses it, whi0n
inyniries are to
be Instltnted 6p
such Court,

Cnnstitutien ef 1. It shall be lawful for the Governor, from time to time,
and whensoever occa.:
Dlarine Court.
sion shall arise or require, by warrant under his hand gild seal, to
appoint five persons.
to form a Court, which shall be called 'Tile Marine Court ; ' and such
Court shall

consist of the Chief Magistrate, and Harbour Master, for the time being,
an un-official
Justice of the Peace, and two other persons, who shall be both, or either
of them,,-

Government Marine Surveyors, or master mariners.

Q. In any of the cases following, (that is to say,) wheresoever a charge
of incompe`-
tency or misconduct shall be brought by any person against any master or
mate of a
British ship;
Whenever ally slim is lost, abandoned, or materially damaged, on or near
tie-;
coasts of tlieColony of Hongkong;
ORDINANCE No. 11 oF, 1860.

.Marine Court of Inquiry.

Whenever any ship causes loss or material damage to any other ship on or
near such coasts;
Whenever, by reason of any casualty happening to or on board of any ship
on or near such coasts, loss of life ensues;
Whenever any such loss, abandonment, damage, or casualty happens else.
where and any. competent witnesses thereof arrive or be found at any
place in the said Colony;
It shall be lawful for such Court to bear and inquire into any such
charge of in.
competency or misconduct, and to make inquiry respecting such loss,
abandonment,
damage or casualty; and for such purposes they shall have the powers
given by the
first part of the 'Merchant Shipping Act 1854' to inspectors appointed by
the Board
of Trade.

3. The said Court shall, so far as relates to the summoning of parties,
compelling haa-1. of Court
to comlael utterd=
the attendance of witnesses, the regulation of the proceedings and the
enforcement of O're Of Parties,
witnesses, 3;c.

penalties, have the same powers as are vested in the Court of Petty
Sessions` or in the
Chief or assistant Magistrate in proceedings relating to an offence or
cause of complaint
upon which such Court of Petty Sessions or Magistrate has power to make a
summary
conviction or order, or as near as circumstances will permit.

4. Upon the conclusion of the case, the said Court shall send a report to
the
Board of Trade containing a full statement of the case and of their
opinion thereon,
accompanied by such reports of ox extracts from the evidence, and such
observations
<if any) as the Court.may think fit.

5. The said Court may make such order with respect to the costs of any
such in-
vestigation or any portion thereof as they may. deem fit, and such costs
shall be paid
.accordingly, and shall be recoverable in the same manner as costs in
summary proceed-
ings before the Court of Petty Sessions or before the Chief or Assistant
Magistrate.

g. The said Court may, if they tbink fit, require any master or mate
possessing a
certificate of competency or service whose conduct is called in question,
or appears to
them likely to be called in question in the course of such investigation;
to deliver such
certificate to them; and they shall hold the certificate so delivered
until the conclusion:
of the investigation, and shall then either return the same to such
master or mate, or,
if their report is such as to enable the Board of Trade to cancel or
suspend such certi-
ficate under the powers given to such Board by the Third Part of the
'Merchant Ship-
ping Act 1854,' shall forward the same to the Board of Trade, to be dealt
with as such
Board thinks fit; and if any master or mate fail so to deliver his
certificate, when so
required, he shall incur a penalty not exceeding two hundred current
dollars.

7. Provided always, that nothing in this -Ordinance contained shall be
taken to .lnrisdict;on 9f

tile Court Of

affect in any way the jurisdiction of the Vice-Admiralty Court of
Hongkong, howsoever vice-Admtralty

not to be .

-the same may be acquired. _ ,- ntfeeted.

of 1862.]

I;cport of Court'
to be seat to
Board of Trade.

Costs of Snell

33

finkters and
nmtes may be
required
to deliver certi-
ficates to be held
till close of
inquiry.

[Repealed by Ordinance Aro. 8 of 187J.]
474

Preamble.
Constitution of Marine Court.
[* See Ord. No. 6 of 1862.]
Cases in which inquiries are to be instituted by such Court.
Power of Court to compel attendance of parties, witnesses, &c.
[* See Ord. No. 6 of 1862.]
Report of Court to be sent to Board of Trade.
Costs of such investigations.
Masters and mates may be required to deliver certificates to be held till close of inquiry.
Jurisdiction of the Court of Vice-Admiralty not to be affected.

474

Preamble.
Constitution of Marine Court.
[* See Ord. No. 6 of 1862.]
Cases in which inquiries are to be instituted by such Court.
Power of Court to compel attendance of parties, witnesses, &c.
[* See Ord. No. 6 of 1862.]
Report of Court to be sent to Board of Trade.
Costs of such investigations.
Masters and mates may be required to deliver certificates to be held till close of inquiry.
Jurisdiction of the Court of Vice-Admiralty not to be affected.

https://oelawhk.lib.hku.hk/items/show/151

1890

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No. 11 of 1860

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