Hong Kong Ordinances

MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 69

Liability for costs and damages

(Past version on 30/06/1997).

Amendments retroactively made-see 25 of 1998 s. 2

(1) If a court of survey is satisfied that a ship detained under section 68
was not unsafe at the time of detention the Crown shall be liable to pay to
the owner of the ship-

   (a)  his costs of and incidental to the detention and survey of the ship;
        and

   (b)  compensation for any loss or damage sustained by him by reason of such
        detention and survey.

(2) If a court of survey is satisfied that a ship detained under section 68
was unsafe at the time of detention the owner, agent or master of the ship
shall be liable to pay to the Crown the costs of and incidental to such survey
and detention.

(3) For the purposes of this section the costs of and incidental to the
detention and survey of a ship shall include-

   (a)  a reasonable amount in respect of remuneration of-

        (i)    the surveyor appointed under section 68(2); and

        (ii)   the assessor (if any) approved under section 68(5); and

   (b)  the costs of proceedings before a court of survey, to be determined,
        in case of any dispute, by the Registrar of the High Court. (Amended
        25 of 1998 s. 2)