(Cap 281 section 58) [30 August 1968] (L.N. 88 of 1968) Cap 281G reg 1 Citation These regulations may be cited as the Merchant Shipping (Marine Courts) Regulations. Cap 281G reg 2 Interpretation In these regulations, unless the context otherwise requires- "Director" (处长) means the Director of Marine; "investigation" (调查) 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" (海事法庭) means a marine court appointed under section 52 of the Ordinance. Cap 281G reg 3 Notice of investigation (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. Cap 281G reg 4 Amendment of notice of investigation (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. Cap 281G reg 5 (Repealed L.N. 157 of 1982) Cap 281G reg 6 Parties to proceedings (1) The Director and each person on whom a notice of investigation has been served under regulation 3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. Cap 281G reg 7 Representation at investigation (1) The Director may be represented at an investigation by a legal officer within the meaning of the Legal Officers Ordinance (Cap 87) 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. Cap 281G reg 8 Notice to produce (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. Cap 281G reg 9 Notice to admit documents (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. Cap 281G reg 10 Summons to witness 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. Cap 281G reg 11 Court not bound by rules of evidence (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. Cap 281G reg 12 Hearing A marine court may proceed with the investigation whether or not the parties to the investigation, or any of them, are present. Cap 281G reg 13 Commencement of proceedings The proceedings before a marine court shall commence with the production and examination of witnesses by the Director. Cap 281G reg 14 Cross-examination of witnesses The marine court shall determine in which order the parties to the investigation may question a witness produced and examined by any other party. Cap 281G reg 15 Certain questions, etc. not to be objected to 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. Cap 281G reg 16 Framing of questions for court (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. Cap 281G reg 17 Calling of witnesses, etc. by other parties (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. Cap 281G reg 18 Director of Marine may call further witnesses At the conclusion of the examination of the witnesses called by the other parties to the investigation, the Director may produce further witnesses. Cap 281G reg 19 Any party may put further questions to a witness A marine court may at any time permit any party to the investigation to put further questions to any witness. Cap 281G reg 20 Final address by parties (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. Cap 281G reg 21 Adjournment of investigation A marine court may adjourn an investigation from time to time. Cap 281G reg 22 Decision of court (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) Where the decision of a marine court is given in writing, the decision shall be served on each of the parties to the investigation. Cap 281G reg 23 Service of notice, etc. (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. Cap 281G reg 24 Regulations to apply to re-hearing of investigation Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 These regulations shall apply mutatis mutandis to a re-hearing ordered by the Chief Executive under subsection (1) of section 56 of the Ordinance. (64 of 1999 s. 3) Cap 281G reg 25 Prescribed forms The forms in the Schedule are prescribed for the purposes of these regulations. Cap 281G SCHEDULE [regulation 25] FORM 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 investigation/inquiry will commence at .................... o'clock on the .............. day of ................................... 19 ........... at ................................................................................. ** 3. Attached hereto is a copy of a statement of the case on which the investigation/inquiry has been ordered. (L.N. 144 of 1971) 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 investigation/inquiry. Dated this ................ day of ............................. 19 .......... ................................................................. * Delete whichever is inapplicable. ** Delete if inapplicable. (L.N. 144 of 1971) 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/misconduct 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.
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