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(Cap 369 section 123(3))* [30 October 1953] (G.N.A. 114 of 1953) ___________________________________________________________________ Note: * These regulations were made under the repealed sections 29 and 60 of the Merchant Shipping Ordinance (Cap 281, 1974 R. Ed.). See section 119(1) of the Merchant Shipping Ordinance (Cap 281) and section 123(3) of the Merchant Shipping (Safety) Ordinance (Cap 369). Cap 369A reg 1 Citation These regulations may be cited as the Merchant Shipping (Court of Survey) Regulations. Cap 369A reg 2 Filing of notice of appeal 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. Cap 369A reg 3 Proceedings for constituting court Remarks: Amendments retroactively made-see 23 of 1998 s. 2 Immediately on the filing of the notice of appeal the Director shall inform the Governor, and if the ship is a ship not registered in Hong Kong 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. (23 of 1998 s. 2) Cap 369A reg 4 Summoning of court 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. Cap 369A reg 5 Notice to complainant of hearing 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. Cap 369A reg 6 Forwarding copy of report 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. Cap 369A reg 7 Time of hearing 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. Cap 369A reg 8 Parties to proceedings The Governor and the appellant shall be parties to the proceedings. Cap 369A reg 9 Parties by permission Any other person may by permission of the president of the court be made a party to the proceedings. Cap 369A reg 10 Calling of witness by Governor's representative 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. Cap 369A reg 11 Calling of witness by complainant 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. Cap 369A reg 12 Calling of witness by appellant The appellant shall then call his witnesses and, having done so, shall state in writing what order he requires the court to make. Cap 369A reg 13 Witnesses in reply 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. Cap 369A reg 14 Addresses of parties 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. Cap 369A reg 15 Adjournment The president may adjourn the court from time to time and from place to place as may be most convenient. Cap 369A reg 16 Delivery of decision 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. Cap 369A reg 17 Release or detention of vessel and report As soon as possible after the court has come to its decision 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. Cap 369A reg 18 Forms The forms in the First Schedule are prescribed for use under these regulations. Cap 369A reg 19 Fees The appropriate fees prescribed in the Merchant Shipping (Fees) Regulations (Cap 281 sub. leg.) shall be payable in respect of any proceedings before a court of survey. (L.N. 86 of 1965) Cap 369A Sched 1 [regulation 18] FORM 1 [regulation 2] NOTICE OF APPEAL In the matter of the ship To the Director of Marine of Hong Kong. Take notice that I, (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 , 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 (Cap 281); or (3) (Repealed 52 of 1977 s. 3) (4) From the refusal of the Director of Marine to give a clearance under section 45 of the Merchant Shipping Ordinance (Cap 281).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 [regulation 4] SUMMONS TO 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). In pursuance of the Merchant Shipping Ordinance (Cap 281), 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.I will attend as summoned. (Signature of person summoned) FORM 3 [regulation 17] 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 [regulation 17] 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. Cap 369A Sched 2 (Repealed L.N. 86 of 1965)