Merchant Shipping (Court of Survey) Regulations
[30 October 1953]
(Format changes—E.R. 1 of 2024)
These regulations may be cited as the Merchant Shipping (Court of Survey) Regulations.
Where the owner or master of a ship, hereinafter called the appellant, desires to appeal to the court of survey, he shall file with the Director of Marine a notice in the form of Form 1 in the First Schedule.
Immediately on the filing of the notice of appeal the Director shall inform the Chief Executive, and if the ship is a ship not registered in Hong Kong the Director shall give notice to the consular officer for the state to which the ship belongs and such consular officer may nominate one person to act as a member of the court of survey whose name shall be submitted to the Chief Executive at the same time.
When the Chief Executive has issued his warrant constituting the court, the person appointed to be the president of the court, hereinafter referred to as the president, shall summon the court in the form of Form 2 in the First Schedule.
If the survey has been made on the complaint of any person, hereinafter called the complainant, the president shall send to him notice of the time and place appointed for the hearing.
Previous to the hearing the Chief Executive shall forward to the president, to be produced as evidence at the hearing, an official copy of the report of the surveyor.
The court shall if practicable be summoned to hear the appeal on a day not later than fourteen days from the filing of the notice of appeal.
The Chief Executive and the appellant shall be parties to the proceedings.
Any other person may by permission of the president of the court be made a party to the proceedings.
At the hearing the person representing the Chief Executive shall first call his witnesses and, having done so, shall state in writing what order he requires the court to make.
The complainant, if he has appeared, shall then call his witnesses and, having done so, shall state in writing what order he requires the court to make.
The appellant shall then call his witnesses and, having done so, shall state in writing what order he requires the court to make.
After the appellant has examined all his witnesses, the person representing the Chief Executive and the complainant may, on cause shown to the satisfaction of the court, call further witnesses in reply.
After all the witnesses have been examined, the court shall first hear the appellant, then the complainant (if any), and afterwards the person representing the Chief Executive.
The president may adjourn the court from time to time and from place to place as may be most convenient.
The president shall deliver the decision of the court in writing and the same may be sent or delivered to the respective parties, and it shall not be necessary to hold a court merely for the purpose of giving the decision.
As soon as possible after the court has come to its decision the court shall issue an order for the release or detention (either finally or on condition) of the vessel, in the form of Form 3 in the First Schedule and the president shall report to the Chief Executive in the form of Form 4 in the First Schedule.
The forms in the First Schedule are prescribed for use under these regulations.
The appropriate fees prescribed in the Merchant Shipping (Fees) Regulations (Cap. 281 sub. leg. F) shall be payable in respect of any proceedings before a court of survey.
| Form 1 | |
| [reg. 2] |
N A
In the matter of the ship
To the Director of Marine of Hong Kong.
Take notice that I, (name and address) the master (or managing owner of shares) of the ship of the part of
do appeal from the report of the surveyor appointed by the Chief Executive to survey the ship.
The address at which all notices and documents may be served by post or otherwise on me is
Dated this day of , .
(To be signed by the appellant).
| Form 2 | |
| [reg. 4] |
S C
The Court of Survey for Hong Kong
In the matter of an appeal by
from the report of , the surveyor appointed by the Chief Executive to survey the
(or as the case may be).
In pursuance of the Merchant Shipping Ordinance (Cap. 281), I hereby summon you to attend as
on this appeal, at a.m. on the day of , . A copy of the notice of appeal is attached.
Dated this day of , .
Magistrate and President of the Court.
I will attend as summoned.
(Signature of person summoned).
| Form 3 | |
| [reg. 17] |
O C R D S The Court of Survey for Hong Kong
In the matter of an appeal by
from the report of , the surveyor appointed by the Chief Executive to survey the
(or as the case may be).
We do order the said ship to be released (or detained finally or conditionally upon
).
Given under our hands at , Hong Kong, this day of , .
Members of the Court of Survey.
| Form 4 | |
| [reg. 17] |
R M C The Court of Survey for Hong Kong
In the matter of an appeal by
from the report of , the surveyor appointed by the Chief Executive to survey the
(or as the case may be).
We do report that having heard this appeal, we did order the said ship to be released (or detained finally or conditionally upon ) for the reasons set forth in the annexed statement.
We are also of opinion that the costs of this appeal should be paid by the appellant (or by the Government), or (that all parties shall pay their own costs).
Dated this day of , .
Members of the Court of Survey.
(Repealed L.N. 86 of 1965)