【法规名称】
【法规编号】 61598 什么是编号？
【正 文】
第4页 CAP 281 MERCHANT SHIPPING ORDINANCE
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[接上页] Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Chief Executive may whenever occasion may arise in the circumstances detailed in section 53(2) (whether a preliminary inquiry under section 51 has been held or not) by warrant under his hand and the seal of Hong Kong, appoint a court (which shall be called the marine court) to make investigations as to casualties affecting ships, or to inquire into charges of incompetency or misconduct on the part of masters, mates or engineers of ships. (Amended 42 of 1956 s. 2; 37 of 1959 s. 9; 61 of 1989 s. 13) (2) Such court shall consist of a judge, district judge or magistrate and shall hold its investigation or inquiry with the assistance of 2 or more assessors who shall be appointed by the Chief Executive and shall be masters of the Hong Kong mercantile marine or persons of nautical, engineering or other special skill or knowledge: Provided that where any investigation or inquiry involves or appears likely to involve any question as to the cancellation or suspension of the certificate of a master, mate or engineer the court shall be assisted by not less than 2 assessors having experience in the Hong Kong mercantile marine. (Replaced 37 of 1959 s. 9. Amended 76 of 1978 s. 81) (3) The assessors appointed to such court shall be remunerated at a rate which shall take account of the amount of work and time occupied by them upon the business of the court and such remuneration shall be determined by the Chief Executive either generally from time to time or specifically in any particular case: Provided that nothing in this subsection shall be construed to authorize the payment of remuneration to any person employed full time in any office of emolument under the Government. (Replaced 17 of 1965 s. 25) (Amended 64 of 1999 s. 3) [cf. 1894 c. 60 s. 478 U.K.] Cap 281 s 53 Enumeration of casualties, causes for inquiry, etc. Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) For the purpose of an investigation under this Part, a casualty shall be deemed to occur- (a) when on or near the coasts of Hong Kong any ship registered in Hong Kong is lost, abandoned or materially damaged; (b) when on or near the coasts of Hong Kong any ship registered in Hong Kong has been stranded or damaged, and any witness is found in Hong Kong; (c) when on or near the coasts of Hong Kong any ship registered in Hong Kong causes loss or material damage to any other ship; (ca) when on or near the coasts of Hong Kong any material damage is caused by the escape from a ship registered in Hong Kong of oil or any substance other than oil; (Added 37 of 1990 s. 12) (d) when any loss of life ensues by reason of any casualty happening to or on board any ship registered in Hong Kong on or near the coasts of Hong Kong; (Amended L.N. 386 of 1993) (e) when in any place any such loss, abandonment, material damage or casualty as above-mentioned has occurred, and any witness is found in Hong Kong; (f) when in any place any ship registered in Hong Kong has been stranded or damaged, and any witness is found in Hong Kong; and (g) when any ship registered in Hong Kong has been lost or is supposed to have been lost, and any evidence is obtainable in Hong Kong as to the circumstances in which such ship proceeded to sea or was last heard of.(2) In any of the following cases- (a) (Repealed 64 of 1999 s. 3) (b) where a casualty occurs in any part of the world to a ship registered in Hong Kong; (c)-(d) (Repealed 64 of 1999 s. 3) (e) where the incompetency or misconduct has occurred on board a ship registered in Hong Kong; and (f) (Repealed 64 of 1999 s. 3)such court may make investigation respecting such casualty and may hear and inquire into any such charge of incompetency or misconduct, and for such purposes the court shall have the same jurisdiction over the matter in question as if it had occurred within its ordinary jurisdiction, but subject to all provisions, restrictions and conditions which would have been applicable if it had so occurred. Such court shall also have the powers given by section 115 of the Merchant Shipping (Safety) Ordinance (Cap 369) as well as all the powers of a magistrate acting as a court of summary jurisdiction. [cf. 1894 c. 60 ss. 478 & 729 U.K.] (3) An inquiry shall not be held into any matter which has once been the subject of an investigation or inquiry other than a preliminary inquiry under section 51, and has been reported on by a competent court or tribunal in Hong Kong, or in respect of which the certificate of a master, mate or engineer has been cancelled or suspended by a naval court. (Amended 42 of 1956 s. 3) (4) (Repealed 64 of 1999 s. 3) (Amended 61 of 1989 s. 13; 74 of 1990 s. 104; 64 of 1999 s. 3) [cf. 1894 c. 60 s. 464 U.K.] Cap 281 s 54 Penalty for refusing to attend as a witness, etc. Any person who refuses to attend as a witness before any person or court having the powers given by section 115 of the Merchant Shipping (Safety) Ordinance (Cap 369), after having been required in the exercise of any such power to do so, or refuses or neglects to make any answer, or to give any return, or to produce any document in his possession, or to make or subscribe any declarations required by any such person or court in the exercise of any such power, shall be guilty of an offence and shall be liable on conviction to a fine of $5000. |
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