Section 149
of Merchant Shipping Ordinance 1960
Section 149
A government surveyor may inspect any British, North Borneo or foreign ship for the purpose of seeing that the ship is properly provided with lights and the means of making
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fog signals, in conformity with the collision regulations; and, if the surveyor finds that the ship is not so provided, he shall give to the master or owner notice in writing, pointing out the deficiency and also what is, in his opinion, requisite in order to remedy the same.
(2)
Every notice so given shall be communicated by such surveyor to the Port Officer and the ship shall be detained, until a certificate under the hand of a government surveyor is produced to the effect that the ship is properly provided with lights and with the means of making fog signals, in conformity with the collision regulations.
(3)
For the purpose of an inspection under this section a government surveyor shall have all the powers of an inspector under this Ordinance.
(4)
Where the certificate as to lights and fog signals is refused, an owner may appeal to the Court of Survey in the prescribed manner.
(5)
On any such appeal, the Court of Survey shall report to the Governor on the question raised by the appeal, and the Governor, when satisfied that the requirements of the report and of the collision regulations as to lights and fog signals have been complied with, may grant or direct a government surveyor or other person appointed by him to grant the certificate.
(6)
Subject to any order made by the Court of Survey, the costs of and incidental to the appeal shall follow the event.
(7)
A government surveyor, in making an inspection under this section, shall, if the owner of the ship so requires, be accompanied on the inspection by some person appointed by the owner, and, if, in that case, the government surveyor and the person so appointed agree, there shall be no appeal under this section to the Court of Survey.
(8)
The prescribed fees shall be paid in respect of an inspection of lights and fog signals under this section.
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