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商船注册条例英文版

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商船(注册)条例(英文版)

MERCHANT SHIPPING (REGISTRATION) ORDINANCE (CHAPTER 415) ARRANGEMENT OF RT I PRELIMINARY1. Short title2. Interpretation3. Application of Ordinance to certain structures, RT II ADMINISTRATION4. Registrar of Ships5. Instructions6. Protection of public officersPART III THE REGISTER7. Register of ships8. Inspection, etc. of register9. Rectification of register10. Correction of clerical errors in registerPART IV REGISTRATION OF SHIPSRegistrable ships and interests11. Registrable ships12. Registration of property in shipsMeasurement and identification of ships13. Tonnage regulations14. Tonnage and description of ships15. Tonnage of ships registered, etc. outside Hong Kong16. Ship names regulations17. Rules as to ship names18. Marking of shipRegistration procedures19. Application for registration20. Declarations by and on behalf of owners and demise charterers21. Evidence on first registration22. Refusal of registration23. Entry of particulars in the register24. Certificate of registry25. Retention of documents26. Port of registryProvisional registration27. Application for provisional registration28. Entry of particulars in the register on provisional registration29. Period of provisional registration30. Certificate of provisional registration31. Retention of documents on provisional registration32. Application of Ordinance in relation to ships provisionally registeredUse, etc. of certificates and flags33. Custody of certificate34. Use of improper certificate35. Replacement of lost, etc. certificate36. Application of preceding sections to certificate of provisional registry37. Proper coloursPART V TRANSFERS AND TRANSMISSIONS38. Application and interpretation of Part V39. Transfer of ships40. Declaration of transfer41. Registration of transfer42. Transmission of ship by operation of lawPART VI MORTGAGES43. Definitions in Part VI44. Mortgage of ship45. Priority of mortgages, etc.46. Mortgagee not treated as owner47. Mortgagee to have power of disposal48. Transfer of mortgage49. Transmission of mortgage by operation of law50. Discharge of mortgage51. Power of disposal by owner52. Trusts not recognized53. Equities not excludedPART VII CLOSURE OF REGISTRATIONDuties of owners, etc. in relation to registrability of ships54. Notice of change of address, etc. of owner55. Notice of dissolution, etc. of body corporate owner or charterer56. Notice of termination of demise charter57. Notice of loss, transfer, etc. of ship58. Delivery of foreign certificate of deletionClosure of registration59. Owner seeking closure of registration60. Closure on receipt of notice concerning registrability61. Closure on failure to comply with requirements of Ordinance62. Closure on failure to pay fees or charges63. Closure on failure of representative person to act, etc.64. Closure by direction generally65. Issue of certificate of deletion66. Delivery of certificate of registry on closure67. Register entries relating to mortgagesPART VIII REPRESENTATIVE PERSONS68. Representative person69. Notice of change of business by representative person70. Notice of intention to cease acting71. Duties, etc. of representative person72. Notice to replace representative personPART IX GOVERNMENT SHIPS73. Meaning of "Government ship"74. Registrability of Government ships75. Application for registration of Government ship76. Entry of particulars of Government ship in the register77. Certificate of registry of Government ship78. Retention of documents relating to Government ship79. Transfer of registered Government ship80. Application of Ordinance to Government shipsPART X MISCELLANEOUS81. Alterations to ships82. Registration a new83. Grant of new certificate of registry84. Mode of making declarations85. Power of Registrar to dispense with declarations, etc.86. False declarations or information87. Documents, copies and admissibility in evidence88. Service of documents89. Taking detained ship to sea90. Fees and charges regulations91. References to ship registered in Hong Kong92. Amendment of Schedules93. Time limit for criminal proceedingsPART XI TRANSITIONAL SHIPS94. Interpretation of Part XI95. Ships registered under the Act96. Ships not yet registered under the Act97. Entry of particulars in respect of transitional ships98. Certificate of registry for transitional ships99. Retention of documents for transitional ships100. Return of certificates issued under the Act101. Transitional ship ceasing to be registrable102. Application of Ordinance to transitional shipsPART XII CONSEQUENTIAL AND SAVINGS PROVISIONS103. Application of Merchant Shipping Acts104. Savings, amendments and repealsSchedule 1. Proper colours of a registered shipSchedule 2. Specified OrdinancesSchedule 3. Application of Ordinance to Government shipsSchedule 4. Application of Ordinance to transitional shipsSchedule 5. Amendments and repealsAn Ordinance to provide for the registration of ships in Hong Kong and forrelated matters.[3 December 1990] L. N. 366 of 1990 PART I PRELIMINARY1. Short titleThis Ordinance may be cited as the Merchant Shipping (Registration)Ordinance.2. Interpretation(1) In this Ordinance, unless the context otherwise requires-"authorized surveyor" means a surveyor appointed by a Certifying Authorityreferred to in section 13 for the purposes of the tonnage regulations;"builder's certificate" in relation to a ship, means a certificate signedby the builder of the ship and containing a true account of-(a) the proper denomination and tonnage of the ship, as estimated by him;(b) the date when and place where the ship was built; and(c) the name of the person on whose account the ship was built;"certificate of deletion" means a certificate of deletion issued undersection 65; "certificate of provisional registry" means a certificate ofprovisional registry granted under section 30 and a new certificate ofprovisional registry granted under section 35;"certificate of registry" means a certificate of registry granted undersection 24, 77 or 98 and a new certificate of registry granted undersection 35 or 83; "certificate of survey" means a certificate granted byan authorized surveyor under section 14;"certificate or declaration of marking", in relation to a ship, means-(a) a certificate signed by an authorized surveyor; or(b) a declaration made in Hong Kong by one or more of the owners or by thedemise charterer of the ship,certifying or declaring, as the case may be, that the ship's name and portof registry have been marked as directed by the Registrar;"commencement date" means the date appointed by the Governor under section1 (2) for the coming into operation of this Ordinance;"demise charter" means a charter party by which a ship is chartered or letby demise and under which the demise charterer has the possession of theship and has sole control of all matters relating to the navigation andoperation of the ship including employment of the master and crew; "demisecharterer" means the charterer of a ship under a demise charter, and inrelation to a registered or provisionally registered ship means a personregistered as demise charterer under this Ordinance;"Director" means the Director of Marine;"foreign certificate of deletion", in relation to a ship, means acertificate or other document issued by the relevant authority of a placeoutside Hong Kong and certifying or stating, as the case may be, to theeffect that the ship has been deleted from the register of ships in thatplace;"Government" means the Government of Hong Kong;"identity card", in relation to any person, means an identity card issuedto that person under the Registration of Persons Ordinance (Cap. 177);"instructions" means administrative instructions issued by the Directorunder section 5; "lodged" means delivered to and accepted by the Registrarin accordance with this Ordinance;"master" includes every person (except a pilot) having command or chargeof any ship;"owner", in relation to a registered or provisionally registered ship,means a person registered as owner under this Ordinance; "provisionallyregistered", in relation to a ship, means provisionally registered undersection 28;"qualified person" has the meaning assigned to it by section 11 (4);"register" means the register of ships kept under section 7;"registered", in relation to a ship, means registered under thisOrdinance;"registrable", in relation to a ship, means able to be registered underthis Ordinance;"the Registrar" means any person appointed as a Registrar of Ships undersection 4 (1) and, where the term is used in connection with a power orfunction for the time being exercised by the Director pursuant to section4 (3), includes the Director;"representative person", in relation to a ship, means the representativeperson for the time being appointed in relation to the ship under section68;"ship" means, subject to section 3, every description of vessel capable ofnavigating in water not propelled by oars, and includes any ship, boat orcraft and an air-cushion vehicle or similar craft used wholly or partly innavigation in water; "tonnage regulations" means regulations as to thetonnage of ships made under section 13.(2) Where in relation to a ship or to any matter connected with a ship anyprovision of this Ordinance-(a) imposes a duty or liability on either of the owner or demise chartererof the ship; or(b) provides for the service of notice on either of the owner or demisecharterer of the ship, the provision shall be construed as imposing theduty or liability or providing for the service of notice-(i) in the case of a ship registered or to be registered by virtue ofsection 11 (1) (a), on the owner; or(ii) in the case of a ship registered or to be registered by virtue ofsection 11 (1) (b), on the demise charterer, but nothing in thissubsection shall prejudice or affect the operation of that provision in sofar as it imposes the duty or liability, or provides for the service ofnotice, as the case may be, on any person other than the owner or demisecharterer.3. Application of Ordinance to certain structures, e Director may by notice published in the Gazette provide that a thingdesigned or adapted for use at sea and described in the notice is or isnot to be treated as a ship for the purpose of any provision of thisOrdinance specified in the notice, and any such notice may-(a) make different provision in relation to different occasions; and(b) if it provides that a thing is to be treated as a ship for the purposeof a provision specified in the notice, provide that the provision shallhave effect in relation to the craft with such modifications as are sospecified. PART II ADMINISTRATION4. Registrar of Ships(1) The Director shall in writing appoint one or more public officers tobe Registrars of Ships.(2) The Registrar shall have such powers, functions and duties as areconferred or imposed upon him by this Ordinance or any other law.(3) Without prejudice to subsection (2), the Director shall have and mayexercise the powers and functions of the Registrar referred to in thatsubsection.5. Instructions(1) The Director may issue to the Registrar and to other public officerssuch administrative instructions not inconsistent with this Ordinance asmay appear to him to be necessary or expedient for the better carrying outof the provisions of this Ordinance.(2) The Director shall publish such instructions in such manner as he seesfit.(3) Where in this Ordinance there is reference to a specified form ormanner-(a) that form or manner may be specified by the Director in instructions;and(b) if the instructions so provide, deviations from the specified form ormanner not affecting the substance thereof shall not invalidate that formor manner.(4) The Registrar and any other public officer shall comply with anyinstructions issued to him.6. Protection of public officers(1) No public officer shall be personally liable for any damage, injury orloss suffered or incurred by any person as a result of any act done oromission made by the public officer in good faith in the exercise orperformance or purported exercise or performance of any power, function orduty under this Ordinance.(2) The protection conferred on public officers by subsection (1) inrespect of any act or omission shall not in any way affect any liabilityof the Crown in tort for that act or omission. PART III THE REGISTER7. Register of ships(1) The Registrar shall keep a register of ships registered orprovisionally registered under this Ordinance.(2) The register shall contain such particulars in respect of ships,owners and their respective interests in ships, demise charterers,mortgagees and representative persons as are prescribed.(3) The register may be kept in legible or non-legible form but if kept innon-legible form any entry in the register shall be capable of beingreproduced in legible form.8. Inspection, etc. of registerAny person may, on payment of the prescribed fee-(a) inspect the register in legible form;(b) require to be furnished with a copy of, or extract from, any entry inthe register in legible form; or(c) require such copy or extract to be certified as a true copy by or onbehalf of the Registrar.9. Rectification of register(1) Where it appears to any person interested that there is a materialerror in the register, he may apply in writing to the Director forrectification of the register.(2) Upon receipt of an application under subsection (1) the Director may,if in his opinion there is a material error in the register-(a) direct the Registrar to rectify the register; or(b) subject to subsection (3), require the applicant to apply to the HighCourt for rectification of the register.(3) Subsection (2) (b) shall not apply in any case where, in the opinionof the Director, the material error is due to the negligence or wilful actor omission of the Registrar.(4) Notice of an application to the High Court under this section forrectification shall be served by the applicant on the Director and theDirector may appear and be heard in the proceedings.(5) The High Court may, in proceedings under this section-(a) make such order as it thinks fit concerning the rectification of theregister; and(b) decide any question that it is necessary or expedient to decideconcerning such rectification.(6) A copy of an order under subsection (5) shall be served on theDirector and the Registrar.(7) The Registrar shall-(a) comply with any direction to rectify the register under subsection (2)(a);(b) upon receipt of the copy of an order served under subsection (6), andif the order so requires, rectify the register accordingly.(8) For the purposes of this section-(a) there is a material error in the register if there is an error of factor substance in the register;(b) without limiting the generality of paragraph (a), there is a materialerror in the register if-(i) an entry is omitted from the register;(ii) an entry is made in the register without sufficient cause;(iii) an entry wrongly exists in the register; or(iv) there is an error or defect in an entry in the register; and(c) the reference in paragraph (b) (i) to an entry omitted from theregister shall be read as including a reference to a matter that isrequired or permitted by this Ordinance to be entered, or to remain, inthe register but is not entered in, or is removed from, the register.(9) The jurisdiction of the High Court under this section may be exercisedby the Registrar of the Supreme Court or a Master thereof.10. Correction of clerical errors in registerThe Registrar may correct, or cause to be corrected, any clerical error orobvious mistake in the register. PART IV REGISTRATION OF SHIPS