MERCHANT SHIPPING (MARINE COURTS) REGULATIONS

MERCHANT SHIPPING (MARINE COURTS) REGULATIONS

MERCHANT SHIPPING (MARINE COURTS)
REGULATIONS.
(Cap. 281, section 58).
[30th August, 1968.1

1. These regulations may be cited as the Merchant
Shipping (Marine Courts) Regulations.

2. In these regulations, unless the context otherwise requires-

'Director' means the Director of Marine;






'investigation' means an investigation by a marine court as to a
casualty affecting a ship and an inquiry by a marine court into a
charge of incompetency or misconduct on the part of the master or
a mate or engineer of a ship;

'marine court' means a marine court appointed under section 52 of the
Ordinance.

3. (1) Where a marine court has been appointed to make an
investigation as to a casualty affecting a ship, the Director shall cause a
notice of investigation in the prescribed form to be served on the owner,
or the agent in Hong Kong of the owner, of the ship and on any other
person who in his opinion ought to be served with the notice.

(2) Where a marine court has been appointed to inquire into a
charge of incompetency or misconduct on the part of the master or a
mate or engineer of a ship, the Director shall cause a notice of
investigation in the prescribed form to be served on the master, mate or
engineer.

(3) A notice of investigation shall-

(a)specify the time and place at which the investigation will
commence; and

(b)be accompanied by a statement of the questions which, on
the information then in his possession, the Director considers
that the marine court will be called upon to determine.

4. (1) The Director may, at any time before the investigation
commences, by a subsequent notice amend the statement of questions
accompanying the notice of investigation served pursuant to paragraph
(2) of regulation 3.

(2) Such notice shall be served, before the investigation
commences, on each person on whom the notice of investigation was
served.





5. A marine court shall not sit in a building in which any
court sits.

6. (1) The Director and each person on whom a notice of
investigation has been served under regulation 3 shall be a party to the
investigation.

(2) Any other person may, by leave of the marine court, appear at
an investigation, and any person so appearing shall also be a party to
the investigation.

7. (1) The Director may be represented at an investigation by a
legal officer within the meaning of the Legal Officers Ordinance or by
counsel or a solicitor.

(2) Any other party to an investigation, and any other-person who
is required to give evidence or produce documents before a marine
court, may be represented by counsel or a solicitor.

8. (1) Any party to an investigation may serve on any other such
party notice in writing requiring him to produce any document relating
to the matters in question and which is in the possession of or under the
control of such other party.

(2) Where a notice to produce a document is not complied with,
secondary evidence of the document may be given by the party who
gave the notice.

9. (1) Any party to an investigation may serve on any other such
party notice in writing requiring him to admit the documents specified in
the notice.

(2) If the party on whom a notice is served under paragraph (1)
does not admit any document specified therein, he shall, within fourteen
days after the service of the notice, serve on the party by whom it was
given a notice in writing stating that he does not admit the document
and requires it to be proved.

(3) A party who does not serve notice in accordance with
paragraph (2) in relation to any document shall be deemed to have
admitted the document unless the marine court otherwise orders.

10. A summons requiring any person to attend before a marine
court to give evidence or to produce any document shall be in the
prescribed form.

11. (1) A marine court may receive and consider any evidence
which in the opinion of the court is material to the questions which it is
to determine, notwithstanding that the evidence would not be
admissible in the courts of Hong Kong under the law relating to
evidence:





Provided that neither a party to the investigation nor any
person who is required to give evidence before the court shall be
bound to answer any question tending to incriminate him.

(2) Without prejudice to paragraph (1), a marine court may
receive and consider any affidavit or statutory declaration.

12. A marine court may proceed with the investigation
whether or not the parties to the investigation, or any of them,
are present.

13. The proceedings before a marine court shall commence
with the production and examination of witnesses by the Director.

14. The marine court shall determine in which order the
parties to the investigation may question a witness produced and
examined by any other party.

15. No objection shall be allowed to any evidence adduced
.in the course of the examination of witnesses produced by the
Director on the ground that such evidence is not relevant to any
question in the statement of questions accompanying the notice of
investigation served pursuant to paragraph (2) of regulation 3.

16. (1) At the conclusion of the examination of the witnesses
produced by the Director, he shall state to the marine court, having
regard to the evidence given by those witnesses, the questions
which the court is to determine.

(2) In framing such questions, the Director shall not be
bound by any question in the statement of questions accompanying
the notice of investigation served pursuant to paragraph (2) of
regulation 3.

(3) Any party may request the marine court to add further
questions as questions which the court is to determine and if any
other party objects to the addition of those questions the court,
after considering the objections, shall determine whether or not
those questions shall be questions which it is to determine.

17. (1) After the questions which the marine court is to
determine have been settled, each party to the investigation may
address the court and produce witnesses, including any witness
produced by the Director.

(2) A marine court shall determine the order in which the
parties to the investigation (other than the Director) may so address
the court and produce witnesses.





18. At the conclusion of the examination of the witnesses called by
the other parties to the investigation, the Director may produce further
witnesses.

19. A marine court may at any time permit any party to the
investigation to put further questions to any witness.

20. (1) Each party to the investigation may make a final address to
the court on the evidence.

(2) At the conclusion of all the addresses made to the court
pursuant to paragraph (1), the Director may make a final address in reply
on the whole case.

1

21. A marine court may adjourn an investigation from time to time. 1
1

22. (1) Save as provided in subsection (2) of section 55 of the
Ordinance, a marine court may give its decision in writing.

(2) Where the decision of a marine court is given in open court, the
decision may be given in the absence of the assessors.

(3) W here the decision of a marine court is given in writing, the
decision shall be served on each of the parties to the investigation.

23. (1) Any notice, summons or other document to be served under
these regulations may be served personally or by registered post.

(2) The service of any such notice, summons or other document
may be proved by affidavit.

24. These regulations shall apply mutatis mutandis to a rehearing
ordered by the Governor under subsection (1) of section 56 of the
Ordinance.

25. The forms in the Schedule are prescribed for the purposes of
these regulations.





SCHEDULE. [reg. 25.1

FORM 1. 1.
Notice of investigation.

MERCHANT SHIPPING ORDINANCE.
(Chapter 281).
MERCHANT SHIPPING (MARINE COURTS) REGULATIONS.
Notice of Investigation.

TO .................................

TAKE NOTICE that

a marine court has been appointed under section 52 of the Merchant Shipping
Ordinance to make investigation as to a casualty affecting

...................................

a marine court has been appointed under section 52 of the Merchant Shipping
Ordinance to inquire into charges of incompetency/misconduct on your part
when .........................................................

...................................
2. The investigationlinquiry will commence at o'clock

on the .day of ......19 .at

3. Attached hereto is a copy of the report/a statement of the case on which the
investigation/inquiry has been ordered.

4. Also attached hereto is a statement of the questions which, on the
information now in his possession, the Director of Marine considers that the
marine court will be called upon to determine. Under the Merchant Shipping
(Marine Courts) Regulations, these questions may be varied, omitted or added to
either before or during the investigation/inquiry.

5. You are informed that by virtue of regulation 6 of the Merchant Shipping
(Marine Courts) Regulations service of this notice on you will constitute you a
party to the investigationlinquiry.

Dated this .day of ....19

.................

Delete whichever is inapplicable.
Delete if inapplicable.

FORM 2.

Summons to witness.
MERCHANT SHIPPING (MARINE COURTS) REGULATIONS.

TO .................................

WHEREAS-

a marine court has been appointed under section 52 of the Merchant
Shipping Ordinance to make investigation as to a casualty affecting

...................................
...................................





a marine court has been appointed under section 52 of the Merchant Shipping
Ordinance to inquire into charges of incompetency/mis

conduct on the part of when

....................................

AND WHEREAS it appears that you are likely to give evidence which is
material to the investigation/inquiry.

THESE ARE, THEREFORE, to require you to be and appear on day

the ...day of ........19 .at ....o'clock

in the ........noon at ........................................................................

before the marine court then sitting there to testify what you know concerning the
matter of the investigation/inquiry.

Dated this .day of .......19

President.

Delete whichever is inapplicable.
Marine court not to sit in court building. Parties to proceedings. Representation at investigation. (Cap. 87.) Notice to produce. Notice to admit documents. Summons to witness. Court not bound by rules of evidence. Hearing Commencement of proceedings. Cross-examination of witnesses. Certain questions, etc. not to be objected to. Framing of questions for court. Calling of witnesses, etc. by other parties. Director of Marine may call further witnesses. Any party may put further questions to a witness. Final address by parties. Adjournment of investigation. Decision of court. Service of notice, etc. Regulations to apply to re-hearing of investigation. Prescribed forms. Schedule.

Marine court not to sit in court building. Parties to proceedings. Representation at investigation. (Cap. 87.) Notice to produce. Notice to admit documents. Summons to witness. Court not bound by rules of evidence. Hearing Commencement of proceedings. Cross-examination of witnesses. Certain questions, etc. not to be objected to. Framing of questions for court. Calling of witnesses, etc. by other parties. Director of Marine may call further witnesses. Any party may put further questions to a witness. Final address by parties. Adjournment of investigation. Decision of court. Service of notice, etc. Regulations to apply to re-hearing of investigation. Prescribed forms. Schedule.

https://oelawhk.lib.hku.hk/items/show/3094

1964

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