Hong Kong Ordinances

MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 75

Procedure in respect of courts of survey

(1) All proceedings before a court of survey shall be heard in open court.

(2) Every member of the court may survey the ship subject of the proceedings
and, for that purpose, shall have all of the powers conferred by section 115.

(3) The court may order a ship to be surveyed and, for that purpose, may
appoint, by majority vote in case of disagreement, any competent person to
survey the ship and report thereon to the court.

(4) The court shall have the same powers as are vested in the Director under
this Ordinance to order that a ship be released or detained: Provided that
unless a majority of the members of the court concur in an order for the
detention of the ship the court shall order that the ship be released.

(5) The owner, agent and master of any ship subject of the proceedings and any
person appointed by the owner, agent or master of the ship may attend at any
inspection or survey of a ship made or ordered by the court.

(6) The court may make such order with respect to the cost of-

   (a)  any proceedings before the court; and

   (b)  any inspection or survey of a ship made or ordered by the court, which
        costs shall be recoverable as a civil debt.

(7) The presiding officer of the court shall send to the Governor such report
as may be directed by regulations made under section 109 and each other member
of the court shall either sign the report or report to the Governor the
reasons for his dissent.