Cap. 281G 《商船(海事法庭)規例》Merchant Shipping (Marine Courts) Regulations

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.

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.

A notice of investigation shall—

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.

Such notice shall be served, before the investigation commences, on each person on whom the notice of investigation was served.

The Director and each person on whom a notice of investigation has been served under regulation 3 shall be a party to the investigation.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Without prejudice to paragraph (1), a marine court may receive and consider any affidavit or statutory declaration.

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.

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.

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.

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.

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.

Each party to the investigation may make a final address to the court on the evidence.

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.

Save as provided in subsection (2) of section 55 of the Ordinance, a marine court may give its decision in writing.

Where the decision of a marine court is given in open court, the decision may be given in the absence of the assessors.

Where the decision of a marine court is given in writing, the decision shall be served on each of the parties to the investigation.

Any notice, summons or other document to be served under these regulations may be served personally or by registered post.

The service of any such notice, summons or other document may be proved by affidavit.