MERCHANT SHIPPING -- UNSEAWORTHY SHIPS ORDINANCE
Title
MERCHANT SHIPPING -- UNSEAWORTHY SHIPS ORDINANCE
Description
ORDINANCE No. 1 of 1874.
Merchant Shipping -- Unseaworthry Ships.
No. 1 of 1874
An Ordinance to empower the Governor to exercise certain Powers under
'The Merchant Shipping Act, 1873.'
[5th March, 1874.]
WHEREAS it is expedient to give similar powers to the Governor of Hongkong
Preamble.
to those which are egerciled under sections 12 and 13 of 'The Merchant
Shipping Act, 1873,' by the Board of Trade: Be it enacted by the Governor of Hongkong,
with the advice of the Legislative Council thereof, as follows:-
1. Where the Governor has received a complaint or has reason to believe that
any British ship is, by reason of the. defective condition of her hull,
equipments, or
machinery, or by reason of overloadipg or improper loading, unfit to
proceed to sea
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 po''tvers of
an inspector appointed, un?er ' The Merchant Shipping Act, 184.'
Any person who (having notice of the intention to hold such survey)
wilfully does
or causes to be done any set, 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 malting 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 nay thick 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 map 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
been at the time of the survey, having regard to the nature of the service for which
Appe4 from
deciaioa oP
Governor:
fX s. A. 78j
Pam 14.1-
ORDINANCE . 1 ON 18 74.
Merchant Slaipping-Unseaworthg 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.
I o%
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 fw any loss or damage
which he rnay
have sustained by reason of the detention of t6a 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 asJad 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 b© rendered liable to pay fob loss or
damage caused
by her detention for the purpose of such suwey, 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 hex
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, bo paid out of
moneys to
be provided by the Imperial Parliameyt.
3, If the owner of any ship surveyed under this Ordinance is dissatisfied
with any
order of the Governor made upon such survey, be may apply to the
Vice-Admiralty
.Court of Hongkong. The Court way,,, 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 they 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 rna~e 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 payxi;,ent of the
expenses of the
original survey, and of the surveA anew, and otherwise as to4he payment
of any costs
of, and incident to, the application, as to the Court may seem just.
[Repealed by Ordinance No. 4'of 18f9.3
1307
Title.
Preamble.
Survey of ships suspected of being unseaworthy.
[M. S. S. 73, Para. 12.]
Costs of survey.
[M. S. A. 73, Para. 13.]
1308
Appeal from decision of Governor.
[M. S. A. 73, Para. 14.]
Merchant Shipping -- Unseaworthry Ships.
No. 1 of 1874
An Ordinance to empower the Governor to exercise certain Powers under
'The Merchant Shipping Act, 1873.'
[5th March, 1874.]
WHEREAS it is expedient to give similar powers to the Governor of Hongkong
Preamble.
to those which are egerciled under sections 12 and 13 of 'The Merchant
Shipping Act, 1873,' by the Board of Trade: Be it enacted by the Governor of Hongkong,
with the advice of the Legislative Council thereof, as follows:-
1. Where the Governor has received a complaint or has reason to believe that
any British ship is, by reason of the. defective condition of her hull,
equipments, or
machinery, or by reason of overloadipg or improper loading, unfit to
proceed to sea
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 po''tvers of
an inspector appointed, un?er ' The Merchant Shipping Act, 184.'
Any person who (having notice of the intention to hold such survey)
wilfully does
or causes to be done any set, 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 malting 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 nay thick 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 map 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
been at the time of the survey, having regard to the nature of the service for which
Appe4 from
deciaioa oP
Governor:
fX s. A. 78j
Pam 14.1-
ORDINANCE . 1 ON 18 74.
Merchant Slaipping-Unseaworthg 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.
I o%
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 fw any loss or damage
which he rnay
have sustained by reason of the detention of t6a 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 asJad 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 b© rendered liable to pay fob loss or
damage caused
by her detention for the purpose of such suwey, 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 hex
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, bo paid out of
moneys to
be provided by the Imperial Parliameyt.
3, If the owner of any ship surveyed under this Ordinance is dissatisfied
with any
order of the Governor made upon such survey, be may apply to the
Vice-Admiralty
.Court of Hongkong. The Court way,,, 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 they 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 rna~e 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 payxi;,ent of the
expenses of the
original survey, and of the surveA anew, and otherwise as to4he payment
of any costs
of, and incident to, the application, as to the Court may seem just.
[Repealed by Ordinance No. 4'of 18f9.3
1307
Title.
Preamble.
Survey of ships suspected of being unseaworthy.
[M. S. S. 73, Para. 12.]
Costs of survey.
[M. S. A. 73, Para. 13.]
1308
Appeal from decision of Governor.
[M. S. A. 73, Para. 14.]
Abstract
1307
Title.
Preamble.
Survey of ships suspected of being unseaworthy.
[M. S. S. 73, Para. 12.]
Costs of survey.
[M. S. A. 73, Para. 13.]
1308
Appeal from decision of Governor.
[M. S. A. 73, Para. 14.]
Title.
Preamble.
Survey of ships suspected of being unseaworthy.
[M. S. S. 73, Para. 12.]
Costs of survey.
[M. S. A. 73, Para. 13.]
1308
Appeal from decision of Governor.
[M. S. A. 73, Para. 14.]
Identifier
https://oelawhk.lib.hku.hk/items/show/330
Edition
1890
Volume
v3
Cap / Ordinance No.
No. 1 of 1874
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MERCHANT SHIPPING -- UNSEAWORTHY SHIPS ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 26, 2025, https://oelawhk.lib.hku.hk/items/show/330.