MERCHANT SHIPPING (COURT OF SURVEY) REGULATIONS

MERCHANT SHIPPING (COURT OF SURVEY) REGULATIONS

MERCHANT SHIPPING (COURT OF SURVEY)
REGULATIONS.

ARRANGEMENT OF REGULATIONS.
Regulation. Page

1. Citation ................................... ... ... ... ... ... B2

2. Filing of notice of appeal .............. ... ... ... ... ... ... ... B 2

3.....................Proceedings for constituting court ... ... ... ... ... ... ... ... B 2

4. Summoning of court ................... ... ... ... ... ... ... ... B 2

5.....................Notice to complainant of hearing ... ... ... ... ... ... ... ... B 2

6...................Forwarding copy of report ... ... .... ... ... ... ... ... ... B 2

7............Time of hearing ............... ... ... ... ... ... ... ... ... ... B 2

8. Parties to proceedings .................. ... ... ... ... ... ... B 2
9. Parties by permission ................... ... ... ... ... ... ... B 2

10...........................Calling of witness by Governor's representative ... ... ... ... ... B 2

11....................Calling of witness by complainant ... ... ... ... ... ... ... ... B 3

12. Cafling of witness by appeUant ... ... ... ... ... ... ... ... ... B 3

13.............Witnesses in reply ............. ... ... ... ... ... ... ... ... B 3
14.............Addresses of parties ..... ... ... ... ... ... ... ... ... ... ... B 3

15...........Adjournment ................... ... ... ... ... ... ... ... ... B 3
16...........Delivery of decision ....... ... ... ... ... ... ... ... ... ... ... B 3

17. Release or detention of vessel and report ... ... ... ... ... ... ... B 3

18.......Forms ............................. ... ... ... ... ... ... ... ... B 3
19.......Fees ........................... ... ... ... ... ... ... ... ... B 3

First Schedule. Forms ........................... ... ... ... .... ... ... B 3

Second Schedule. [Revoked]....................... ... ... ... ... ... ... ... B 5





MERCHANT SHIPPING (COURT OF SURVEY)
REGULATIONS.

(Cap. 281, sections 29 and 60).

[30th October, 1953.]

1. These regulations may be cited as the Merchant Shipping (Court
of Survey) Regulations.

2. Where the owner or master of a ship, hereinafter called the
appellant, desires to appeal to the court of survey, he shall file with the
Director of Marine a notice in the form of Form 1 in the First Schedule.

3. Immediately on the filing of the notice of appeal the
Director shall inform the Governor, and if the ship is a foreign
ship the Director shall give notice to the consular officer for the
state to which the ship belongs and such consular officer may
nominate one person to act as a member of the court of survey
whose name shall be submitted to the Governor at the same time.

4. When the Governor has issued his warrant constituting the
court, the person appointed to be the president of the court, hereinafter
referred to as the president, shall summon the court in the form of Form
2 in the First Schedule.

5. If the survey has been made on the complaint of any person,
hereinafter called the complainant, the president shall send to him notice
of the time and place appointed for the hearing.

6. Previous to the hearing the Governor shall forward to the
president, to be produced as evidence at the hearing, an official copy of
the report of the surveyor.

7. The court shall if practicable be summoned to hear the appeal on
a day not later than fourteen days from the filing of the notice of appeal.

8. The Governor and the appellant shall be parties to the
proceedings.

9. Any other person may by permission of the president of the
court be made a party to the proceedings.

10. At the hearing the person representing the Governor shall first
call his witnesses and, having done so, shall state in writing what order
he requires the court to make.





11. The complainant, if he has appeared, shall then call his
witnesses and, having done so, shall state in writing what order
he requires the court to make.

12. The appellant shall then call his witnesses and, having
done so, shall state in writing what order he requires the court
to make.

13. After the appellant has examined all his witnesses, the
person representing the Governor and the complainant may, on
cause shown to the satisfaction of the court, call further witnesses
in reply.

14. After all the witnesses have been examined, the court
shall first hear the appellant, then the complainant (if any), and
afterwards the person representing the Governor.

15. The president may adjourn the court from time to time
and from place to place as may be most convenient.

16. The president shall deliver the decision of the court in
writing and the same may be sent or delivered to the respective
parties, and it shall not be necessary to hold a court merely for
the purpose of giving the decision.

17. As soon as possible after the court has come to its de-
cision the court shall issue an order for the release or detention
(either finally or on condition) of the vessel, in the form of Form 3
in the First Schedule and the president shall report to the
Governor in the form of Form 4 in the First Schedule.

18. The forms in the First Schedule are prescribed for use
under these regulations.

19. The appropriate fees prescribed in the Merchant Shipping
(Fees) Regulations shall be payable in respect of any proceedings
before a court of survey.

FIRST SCHEDULE. [reg. 18.]
FORM 1. [reg. 2.]
NOTICE OF APPEAL.
In the matter of the ship
To the Director of Marine of Hong Kong.
Take notice that 1, (name and address) the master (or managing owner
of shares) of the ship of the part of
do appeal-

(1) From the report of the surveyor appointed by
the Governor to survey the said ship; or





(2) From a declaration given by 1
Assistant Director of Marine (Ship Surveys) (or from the refusal
of Assistant Director of Marine (Ship
Surveys), to give a declaration), under the provisions of section 29
of the Merchant Shipping Ordinance; or

(3) From the refusal of the
Immigration Officer, to give a certificate under the Chinese
Passengers Act 1855, or under the Asiatic Emigration Ordinance;
or

(4)From the refusal of the Director of Marine to give a clearance under
section 45 of the Merchant Shipping Ordinance.

The address at which all notices and documents may be served by post or
otherwise on me is

Dated this day of 19
(To be signed by the appellant).

FORM 2. [reg. 4.1
SUMMONS TO COURT.

The Court of Survey for Hong Kong.

In the matter of an appeal by

from the report ofthe surveyor appointed by
the Governor to survey the
(or as the case may be).
In pursuance of the Merchant Shipping Ordinance, I hereby summon

you to attend as
on this appeal, at a.m. on the day of 19
A copy of the notice of appeal is attached.
Dated at Victoria, Hong Kong, this day of 19
Magistrate and President of the
Court.
1 will attend as summoned.
(Signature of person summoned).

FORM 3. [reg. 17.1
ORDER OF COURT FOR RELEASE OR DETENTION OF SHIP.

The Court of Survey for Hong Kong.

In the matter of an appeal by
from the report of the surveyor appointed
by the Governor to survey the
(or as the case may be).
We do order

the said ship to be released (or detained finally or conditionally upon

Given under our hands at Hong Kong,
this day of 19

Members of the Court of Survey.





FORM 4. [reg. 17.1

REPORT OF MEMBERS OF COURT.

The Court of Survey for Hong Kong.

In the matter of an appeal by
from the report of the surveyor appointed by
the Governor to survey the
(or as the case may be).
We do report
that having heard this appeal, we did order the said ship to be released
(or detained finally or conditionally upon
for the reasons set forth in the annexed statement.

We are also of opinion that the costs of this appeal should be paid by
the appellant (or by the Government), or (that all parties shall pay their own
costs).

Dated this day of 19

Members of the Court of Survey.

SECOND SCHEDULE.

[Deleted, L.N. 861651
G.N.A. 114/53. L.N. 86/65. Citation. Filling of notice of appeal. Form 1. Proceedings for constituting court. Summoning of court. Form 2. Notice to complainant of hearing. Forwarding copy of report. Time of hearing. Parties to proceedings. Parties by permission. Calling of witness by Governor's representative. Calling of witness by complainant. Calling of witness by appellant. Witnesses in reply. Addresses of parties. Adjournment. Delivery of decision. Release or detention of vessel and report. Forms 3 and 4. Forms First Schedule. Fees. L.N. 86/65. (Cap. 281, sub. leg.) (Cap. 281.) (18 & 19 Vict. C. 104.) (Cap. 79.) (Cap. 281.) (Cap. 281.)

G.N.A. 114/53. L.N. 86/65. Citation. Filling of notice of appeal. Form 1. Proceedings for constituting court. Summoning of court. Form 2. Notice to complainant of hearing. Forwarding copy of report. Time of hearing. Parties to proceedings. Parties by permission. Calling of witness by Governor's representative. Calling of witness by complainant. Calling of witness by appellant. Witnesses in reply. Addresses of parties. Adjournment. Delivery of decision. Release or detention of vessel and report. Forms 3 and 4. Forms First Schedule. Fees. L.N. 86/65. (Cap. 281, sub. leg.) (Cap. 281.) (18 & 19 Vict. C. 104.) (Cap. 79.) (Cap. 281.) (Cap. 281.)

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