【法规名称】
【法规编号】 61584 什么是编号？
【正 文】
CAP 281G MERCHANT SHIPPING (MARINE COURTS) REGULATIONS
|
(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 Cap 281G reg 5 (Repealed L.N. 157 of 1982) Cap 281G reg 6 Parties to proceedings (1) The Director and each person on whom a notice of investigation has been served under regulation 3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. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！