### Merchant Shipping Ordinance 《商船條例》

56. Provisions for re-hearing and appeal
(1) The Chief Executive may, in any case where under this Part an investigation as to a casualty affecting a ship or an inquiry into the conduct of a holder of a certificate of competency has been held, order the case to be re-heard either generally or as to any part thereof, either by the court by which it was heard in the first instance or by a marine court appointed under this Part or by a judge sitting in admiralty jurisdiction, and shall do so— (Amended 47 of 1985 s. 2; 64 of 1999 s. 3)
(a) if new and important evidence which could not be produced at the investigation or inquiry has been discovered; or
(b) if for any other reason there has in his opinion been ground for suspecting that a miscarriage of justice has occurred. (Amended 64 of 1980 s. 4)
(2) Where an application under subsection (1) for a re-hearing is not made or is refused, an appeal shall lie from any order or finding of the court or tribunal holding the inquiry to the Court of First Instance. (Replaced 25 of 1998 s. 2)
(3) Subject to the provisions of any regulations relating thereto made under section 58, an appeal to the Court of First Instance under this section shall be to 1 judge or to the Court of Appeal as the Chief Justice may decide and shall be subject to any rules of court made under the High Court Ordinance (Cap. 4). (Replaced 37 of 1959 s. 10. Amended 25 of 1998 s. 2)
(4) The provisions of this section shall apply to any investigation or inquiry referred to in subsection (1) whether held before or after the commencement* of the Merchant Shipping (Amendment) Ordinance 1985 (47 of 1985). (Added 47 of 1985 s. 2)
[cf. 1894 c. 60 s. 478 U.K.]Editorial Note:* Commencement date: 26 July 1985.

### Merchant Shipping Ordinance 《商船條例》

57. Further powers of court
(1) A marine court shall have the following further powers—
(a) it may remove the master of any ship if that removal is shown to the satisfaction of the court by evidence on oath to be necessary. Such removal may be made upon the application of any owner of the ship or his agent, or of the consignee of the ship, or of any certificated mate, or of one-third or more of the crew of the ship; (Amended E.R. 3 of 2022)
(b) it may appoint a new master instead of the one removed:
Provided that where the owner, agent or consignee of the ship is within the jurisdiction of the marine court, such an appointment shall not be made without the consent of that owner, agent or consignee;
(c) it may make such order as it thinks fit respecting the costs of the investigation or any part thereof, and such order shall be enforced by the court in the same way as an order for costs under the Magistrates Ordinance (Cap. 227).
(2) (Repealed 17 of 1965 s. 27)

58. Regulations as to procedure, fees, etc.
(1) The Chief Executive in Council may by regulation prescribe and provide for carrying into effect the enactments relating to formal investigations into casualties and inquiries into charges of incompetency or misconduct and to the re-hearing of or appeal from any such investigation or inquiry, and in particular, with respect to the procedure, the parties, the persons allowed to appear, the notice to such parties and persons or to persons affected, and the amount and application of fees. (Amended 37 of 1959 s. 10; 64 of 1999 s. 3)
(2) For the purposes of this Part, a marine court shall have all the powers of a magistrate sitting under the Magistrates Ordinance (Cap. 227).
(3) Every formal investigation or inquiry shall be conducted in such a manner that, if a charge is made against any person, he shall have an opportunity of making a defence. (Amended 37 of 1959 s. 11)

### Merchant Shipping Ordinance 《商船條例》

91. Interpretation
In this Part—
trawler (拖網漁船) means any mechanically propelled vessel of non-primitive design and build of whatever tonnage, which engages in fishing operations for profit upon the high seas with nets, lines or trawls and which operates from Hong Kong as a ship registered in Hong Kong, but excludes any sailing or mechanically propelled fishing boat, junk or dinghy licensed under regulations made under section 105; (Amended 61 of 1989 s. 13; 74 of 1990 s. 104; L.N. 386 of 1993)
voyage (航程) means a fishing trip commencing with a departure from a port for the purpose of fishing, and ending with the first return to a port thereafter upon the conclusion of the trip when one of such ports is within Hong Kong: (Amended 61 of 1989 s. 13)
Provided that a return due to distress only shall not be deemed to be a return if it is followed by a resumption of the trip.

92. Certificates of competency as trawling masters
(1) The holder of a certificate of competency as a trawling master which is not endorsed with the word “LIMITED” may, subject to the provisions of this Part, command a trawler on any voyage.
(2) The holder of a certificate of competency as a trawling master which is endorsed with the word “LIMITED” may command a trawler for the purpose only of fishing in an area bounded on the North by the parallel of 25 degrees North, on the South by the parallel of 15 degrees North and on the East by the meridian of 122 degrees East.
(3) The Director may, on the application of a person holding a certificate of competency as a trawling master which is endorsed with the word “LIMITED”, exempt such person from the restriction specified in subsection (2). (Amended L.N. 262 of 1985)
(4) The holder of a certificate of competency as a trawling master, whether or not the certificate is endorsed with the word “LIMITED”, shall, in so far as he does not contravene the provisions of this section, be a duly certificated trawling master. (Amended 64 of 1999 s. 3)
(Replaced 63 of 1970 s. 2)