MERCHANT SHIPPING (REGISTRATION) ORDINANCE

MERCHANT SHIPPING (REGISTRATION) ORDINANCE (CHAPTER 415) ARRANGEMENT OF SECTIONS Section.

PART I PRELIMINARY 1. Short title 2. Interpretation 3. Application of Ordinance to certain structures, etc.

PART II ADMINISTRATION 4. Registrar of Ships 5. Instructions 6. Protection of public officers PART III THE REGISTER 7. Register of ships 8. Inspection, etc. of register 9. Rectification of register 10. Correction of clerical errors in register PART IV REGISTRATION OF SHIPS Registrable ships and interests 11. Registrable ships 12. Registration of property in ships Measurement and identification of ships 13. Tonnage regulations 14. Tonnage and description of ships 15. Tonnage of ships registered, etc. outside Hong Kong 16. Ship names regulations 17. Rules as to ship names 18. Marking of ship Registration procedures 19. Application for registration 20. Declarations by and on behalf of owners and demise charterers 21. Evidence on first registration 22. Refusal of registration 23. Entry of particulars in the register 24. Certificate of registry 25. Retention of documents 26. Port of registry Provisional registration 27. Application for provisional registration 28. Entry of particulars in the register on provisional registration 29. Period of provisional registration 30. Certificate of provisional registration 31. Retention of documents on provisional registration 32. Application of Ordinance in relation to ships provisionally registered Use, etc. of certificates and flags 33. Custody of certificate 34. Use of improper certificate 35. Replacement of lost, etc. certificate 36. Application of preceding sections to certificate of provisional registry 37. Proper colours PART V TRANSFERS AND TRANSMISSIONS 38. Application and interpretation of Part V 39. Transfer of ships 40. Declaration of transfer 41. Registration of transfer 42. Transmission of ship by operation of law PART VI MORTGAGES 43. Definitions in Part VI 44. Mortgage of ship 45. Priority of mortgages, etc.

46. Mortgagee not treated as owner 47. Mortgagee to have power of disposal 48. Transfer of mortgage 49. Transmission of mortgage by operation of law 50. Discharge of mortgage 51. Power of disposal by owner 52. Trusts not recognized 53. Equities not excluded PART VII CLOSURE OF REGISTRATION Duties of owners, etc. in relation to registrability of ships 54. Notice of change of address, etc. of owner 55. Notice of dissolution, etc. of body corporate owner or charterer 56. Notice of termination of demise charter 57. Notice of loss, transfer, etc. of ship 58. Delivery of foreign certificate of deletion Closure of registration 59. Owner seeking closure of registration 60. Closure on receipt of notice concerning registrability 61. Closure on failure to comply with requirements of Ordinance 62. Closure on failure to pay fees or charges 63. Closure on failure of representative person to act, etc.

64. Closure by direction generally 65. Issue of certificate of deletion 66. Delivery of certificate of registry on closure 67. Register entries relating to mortgages PART VIII REPRESENTATIVE PERSONS 68. Representative person 69. Notice of change of business by representative person 70. Notice of intention to cease acting 71. Duties, etc. of representative person 72. Notice to replace representative person PART IX GOVERNMENT SHIPS 73. Meaning of "Government ship" 74. Registrability of Government ships 75. Application for registration of Government ship 76. Entry of particulars of Government ship in the register 77. Certificate of registry of Government ship 78. Retention of documents relating to Government ship 79. Transfer of registered Government ship 80. Application of Ordinance to Government ships PART X MISCELLANEOUS 81. Alterations to ships 82. Registration a new 83. Grant of new certificate of registry 84. Mode of making declarations 85. Power of Registrar to dispense with declarations, etc.

86. False declarations or information 87. Documents, copies and admissibility in evidence 88. Service of documents 89. Taking detained ship to sea 90. Fees and charges regulations 91. References to ship registered in Hong Kong 92. Amendment of Schedules 93. Time limit for criminal proceedings PART XI TRANSITIONAL SHIPS 94. Interpretation of Part XI 95. Ships registered under the Act 96. Ships not yet registered under the Act 97. Entry of particulars in respect of transitional ships 98. Certificate of registry for transitional ships 99. Retention of documents for transitional ships 100. Return of certificates issued under the Act 101. Transitional ship ceasing to be registrable 102. Application of Ordinance to transitional ships PART XII CONSEQUENTIAL AND SAVINGS PROVISIONS 103. Application of Merchant Shipping Acts 104. Savings, amendments and repeals Schedule 1. Proper colours of a registered ship Schedule 2. Specified Ordinances Schedule 3. Application of Ordinance to Government ships Schedule 4. Application of Ordinance to transitional ships Schedule 5. Amendments and repeals An Ordinance to provide for the registration of ships in Hong Kong and for related matters.

[3 December 1990] L. N. 366 of 1990 PART I PRELIMINARY 1. Short title This 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 Authority referred to in section 13 for the purposes of the tonnage regulations; "builder's certificate" in relation to a ship, means a certificate signed by 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 under section 65; "certificate of provisional registry" means a certificate of provisional registry granted under section 30 and a new certificate of provisional registry granted under section 35; "certificate of registry" means a certificate of registry granted under section 24, 77 or 98 and a new certificate of registry granted under section 35 or 83; "certificate of survey" means a certificate granted by an 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 the demise charterer of the ship, certifying or declaring, as the case may be, that the ship's name and port of registry have been marked as directed by the Registrar; "commencement date" means the date appointed by the Governor under section 1 (2) for the coming into operation of this Ordinance; "demise charter" means a charter party by which a ship is chartered or let by demise and under which the demise charterer has the possession of the ship and has sole control of all matters relating to the navigation and operation of the ship including employment of the master and crew; "demise charterer" means the charterer of a ship under a demise charter, and in relation to a registered or provisionally registered ship means a person registered as demise charterer under this Ordinance; "Director" means the Director of Marine; "foreign certificate of deletion", in relation to a ship, means a certificate or other document issued by the relevant authority of a place outside Hong Kong and certifying or stating, as the case may be, to the effect that the ship has been deleted from the register of ships in that place; "Government" means the Government of Hong Kong; "identity card", in relation to any person, means an identity card issued to that person under the Registration of Persons Ordinance (Cap. 177); "instructions" means administrative instructions issued by the Director under section 5; "lodged" means delivered to and accepted by the Registrar in accordance with this Ordinance; "master" includes every person (except a pilot) having command or charge of any ship; "owner", in relation to a registered or provisionally registered ship, means a person registered as owner under this Ordinance; "provisionally registered", in relation to a ship, means provisionally registered under section 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 this Ordinance; "registrable", in relation to a ship, means able to be registered under this Ordinance; "the Registrar" means any person appointed as a Registrar of Ships under section 4 (1) and, where the term is used in connection with a power or function for the time being exercised by the Director pursuant to section 4 (3), includes the Director; "representative person", in relation to a ship, means the representative person for the time being appointed in relation to the ship under section 68; "ship" means, subject to section 3, every description of vessel capable of navigating in water not propelled by oars, and includes any ship, boat or craft and an air-cushion vehicle or similar craft used wholly or partly in navigation in water; "tonnage regulations" means regulations as to the tonnage of ships made under section 13.

(2) Where in relation to a ship or to any matter connected with a ship any provision of this Ordinance- (a) imposes a duty or liability on either of the owner or demise charterer of the ship; or (b) provides for the service of notice on either of the owner or demise charterer of the ship, the provision shall be construed as imposing the duty or liability or providing for the service of notice- (i) in the case of a ship registered or to be registered by virtue of section 11 (1) (a), on the owner; or (ii) in the case of a ship registered or to be registered by virtue of section 11 (1) (b), on the demise charterer, but nothing in this subsection shall prejudice or affect the operation of that provision in so far as it imposes the duty or liability, or provides for the service of notice, as the case may be, on any person other than the owner or demise charterer.

3. Application of Ordinance to certain structures, etc.

The Director may by notice published in the Gazette provide that a thing designed or adapted for use at sea and described in the notice is or is not to be treated as a ship for the purpose of any provision of this Ordinance 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 purpose of a provision specified in the notice, provide that the provision shall have effect in relation to the craft with such modifications as are so specified.

PART II ADMINISTRATION 4. Registrar of Ships (1) The Director shall in writing appoint one or more public officers to be Registrars of Ships.

(2) The Registrar shall have such powers, functions and duties as are conferred or imposed upon him by this Ordinance or any other law.

(3) Without prejudice to subsection (2), the Director shall have and may exercise the powers and functions of the Registrar referred to in that subsection.

5. Instructions (1) The Director may issue to the Registrar and to other public officers such administrative instructions not inconsistent with this Ordinance as may appear to him to be necessary or expedient for the better carrying out of the provisions of this Ordinance.

(2) The Director shall publish such instructions in such manner as he sees fit.

(3) Where in this Ordinance there is reference to a specified form or manner- (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 or manner not affecting the substance thereof shall not invalidate that form or manner.

(4) The Registrar and any other public officer shall comply with any instructions issued to him.

6. Protection of public officers (1) No public officer shall be personally liable for any damage, injury or loss suffered or incurred by any person as a result of any act done or omission made by the public officer in good faith in the exercise or performance or purported exercise or performance of any power, function or duty under this Ordinance.

(2) The protection conferred on public officers by subsection (1) in respect of any act or omission shall not in any way affect any liability of the Crown in tort for that act or omission.

PART III THE REGISTER 7. Register of ships (1) The Registrar shall keep a register of ships registered or provisionally 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 in non-legible form any entry in the register shall be capable of being reproduced in legible form.

8. Inspection, etc. of register Any 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 in the register in legible form; or (c) require such copy or extract to be certified as a true copy by or on behalf of the Registrar.

9. Rectification of register (1) Where it appears to any person interested that there is a material error in the register, he may apply in writing to the Director for rectification 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 High Court for rectification of the register.

(3) Subsection (2) (b) shall not apply in any case where, in the opinion of the Director, the material error is due to the negligence or wilful act or omission of the Registrar.

(4) Notice of an application to the High Court under this section for rectification shall be served by the applicant on the Director and the Director 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 the register; and (b) decide any question that it is necessary or expedient to decide concerning such rectification.

(6) A copy of an order under subsection (5) shall be served on the Director 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), and if 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 fact or substance in the register; (b) without limiting the generality of paragraph (a), there is a material error 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 the register shall be read as including a reference to a matter that is required or permitted by this Ordinance to be entered, or to remain, in the register but is not entered in, or is removed from, the register.

(9) The jurisdiction of the High Court under this section may be exercised by the Registrar of the Supreme Court or a Master thereof.

10. Correction of clerical errors in register The Registrar may correct, or cause to be corrected, any clerical error or obvious mistake in the register.

PART IV REGISTRATION OF SHIPS Registrable ships and interests 11. Registrable ships (1) Subject to this Ordinance, a ship is registrable if- (a) a majority interest in the ship is owned by one or more qualified persons; or (b) the ship is operated under a demise charter by a body corporate being a qualified person (whether or not a majority interest in the ship is owned by one or more qualified persons), and a representative person is appointed in relation to the ship.

(2) A registered ship ceases to be registrable if- (a) being a ship registered by virtue of subsection (1) (a), a majority interest in the ship ceases to be owned by one or more qualified persons; (b) being a ship registered by virtue of subsection (1) (b)- (i) the ship ceases to be operated under a demise charter by a body corporate being a qualified person (whether by reason of the termination of the demise charter or otherwise); (ii) the ship or any share in or part of the ship is transferred or transmitted; or (iii) the rights of the demise charterer under the demise charter are assigned; (c) the ship is taken in war or hostilities, as a result of which the owner or demise charterer has lost control over the operation of the ship; (d) the ship is broken up, or is an actual or constructive total loss such that it is no longer capable of being used in navigation; (e) the ship at the time of registration remains registered in a place outside Hong Kong; (f) the ship subsequently becomes registered in a place outside Hong Kong; or (g) a representative person ceases to be appointed in relation to the ship.

(3) For the purposes of this section, one or more persons shall be treated as owning a majority interest in a ship if there is vested in that person or in those persons, taken together, the legal title to more than one half of the shares or parts into which the property in the ship is divided for the purposes of registration, there being left out of account for this purpose any share or part which is jointly owned by a person other than a qualified person.

(4) The following are qualified persons for the purposes of this section- (a) an individual who holds a valid identity card and who is ordinarily resident in Hong Kong; (b) a body corporate incorporated in Hong Kong; and (c) an oversea company registered under Part XI of the Companies Ordinance (Cap. 32).

(5) Nothing in this section shall derogate from or affect the provisions of Part IX or XI.

12. Registration of property in ships For the purposes of registration of a ship- (a) the interest in a ship may be divided into any number of shares or parts and any number of persons may be registered as owners of the ship or of a share in or part of the ship; (b) any number of persons may be registered as joint owners of a ship or of any share in or part of the ship, but any such joint owner is not entitled to dispose of his interest in severalty; and (c) a body corporate shall be registered as owner by its corporate name.

Measurement and identification of ships 13. Tonnage regulations (1) The Governor in Council may make regulations- (a) providing for persons or bodies to be, or to be authorized by the Director to be, Certifying Authorities for the purposes of the regulations; (b) providing for the measurement and survey of ships for the purpose of ascertaining tonnage to be undertaken, in such circumstances as may be specified in the regulations, by or on behalf of a Certifying Authority; (c) providing for the issue by Certifying Authorities of certificates of register tonnage or net tonnage of any ship or of the tonnage which is to be taken for any purpose specified in the regulations as the tonnage of a ship not registered in Hong Kong and for the cancellation and delivery up of such certificates in such circumstances as may be prescribed by the regulations; (d) providing for assigning to a ship, either instead of or as an alternative to the tonnage ascertained in accordance with the other provisions of the regulations, a lower tonnage applicable where the ship is not loaded to the full depth to which it can be safely loaded, and for indicating on the ship, by such mark as may be specified in the regulations, that such a lower tonnage has been assigned to it and, where it has been assigned to it as an alternative, the depth to which the ship may be loaded for the lower tonnage to be applicable; (e) providing for the alteration of the particulars relating to the register tonnage or net tonnage of a ship; (f) prohibiting or restricting the carriage of goods or stores in spaces not included in the register tonnage or net tonnage of a ship; (g) making different provision for different descriptions of ships or for the same description of ships in different circumstances; (h) making any provision of the regulations dependent on compliance with such conditions, to be evidenced in such manner, as may be specified in the regulations; (i) providing for the payment of fees to Certifying Authorities; (j) providing that where any provision of the regulations is contravened, the owner or master, or each of them, commits an offence and is liable to a fine of $5,000.

(2) When the tonnage of any ship has been ascertained and registered in accordance with the tonnage regulations it shall thenceforth be deemed to be the tonnage of the ship, and shall be repeated in every subsequent registration thereof, unless any alteration is made in the form or capacity of the ship, or unless it is discovered that the tonnage has been erroneously computed; and in either of those cases the ship shall be remeasured, and its tonnage determined and registered according to the tonnage regulations.

14. Tonnage and description of ships (1) Where a ship is to be registered- (a) an authorized surveyor shall- (i) ascertain the ship's tonnage in accordance with the tonnage regulations; and (ii) grant a certificate, in the specified form, specifying the ship's tonnage and build, and such other particulars descriptive of the identity of the ship as may for the time being be required by the Director; and (b) the owner or demise charterer of the ship shall cause the certificate to be delivered to the Registrar before the ship is registered.

(2) Subsection (1) shall not apply in relation to a ship which is to be provisionally registered.

15. Tonnage of ships registered, etc. outside Hong Kong (1) The Governor in Council may, where it appears to him that legislation to the same effect as the tonnage regulations is in force in any country, order that ships of that country shall, without being remeasured in Hong Kong, be deemed to be of the tonnage denoted in their respective certificates of registry or other national papers, in the same manner, to the same extent, and for the same purposes as the tonnage denoted in the certificate of registry of a ship registered under this Ordinance is deemed to be the tonnage of that ship.

(2) An order under subsection (1) shall be subject to such conditions and qualifications as may be specified in the order.

(3) The Governor in Council may, where it appears to him that the tonnage of a ship of any country, as measured by the rules of that country, materially differs from its tonnage as measured under the tonnage regulations, order that, notwithstanding any order in force under subsection (1), any of the ships of that country may, for all or any purposes of this Ordinance, be remeasured in accordance with the tonnage regulations.

16. Ship names regulations (1) The Governor in Council may make regulations- (a) requiring the name by which it is proposed to register a ship to be approved by the Registrar before the name is marked on the ship or entered in the register; (b) empowering the Registrar to reserve a name for a ship; (c) empowering the Registrar to refuse to register any ship by the name by which it is proposed to register that ship if the name- (i) is already the name of a registered ship or is reserved, or is in the opinion of the Registrar so similar as to be likely to deceive; or (ii) is in the opinion of the Registrar undesirable for the purposes of registration in Hong Kong.

(2) If, in the case of any ship which it is proposed to register- (a) the Registrar refuses to register the ship by the name by which it is proposed to register the ship; or (b) any requirements of the regulations are not complied with, the Registrar shall not register that ship under the name proposed or until the regulations are complied with, as the case may be.

(3) A ship shall have a name in English alphabetic characters which may include numerals, but may have, in addition, a name in Chinese, in which case each shall be a separate name for the purposes of this section and section 17.

17. Rules as to ship names (1) A person shall not describe a registered ship by any name other than that by which the ship is for the time being registered.

(2) The owner or demise charterer of a registered ship shall not change the name of the ship, or cause or permit any such change, without the previous written permission of the Registrar.

(3) An application for permission of the Registrar under subsection (2) shall be in writing, and if the Registrar is of the opinion that the application is reasonable he may entertain it.

(4) Upon the grant of permission to change the name- (a) the Registrar shall enter the ship's new name in the register; and (b) subject to section 18 (2), the owner or demise charterer shall cause the new name to be marked on the ship's bows and stern.

(5) The Registrar shall, if it is shown to his satisfaction that the name of a ship has been changed without his permission, direct that the ship's name be altered into the name which it bore before the change, and upon such direction but subject to section 18 (2), the owner or demise charterer shall cause that name to be marked on its bows and stern.

(6) A person who contravenes subsection (1) commits an offence and is liable to a fine of $5,000.

(7) An owner or demise charterer who contravenes subsection (2), (4) (b) or (5) commits an offence and is liable to a fine of $5,000.

(8) The Director may, where there is a contravention of, or failure to comply with any requirement or direction under, this section in respect of a ship, detain the ship until the contravention ceases or the requirement or direction is complied with, as the case may be.

18. Marking of ship (1) Every ship shall, before it is registered, be marked permanently and conspicuously to the satisfaction of the Registrar as follows- (a) the ship's name shall be marked on each of its bows, and its name and the name of its port of registry shall be marked on its stern, on a dark ground in white or yellow letters, or on a light ground in black letters, such letters to be of a length not less than one decimetre, and of proportionate breadth; (b) in the case of a ship registered before 1 January 1974 a scale of feet denoting the ship's draught of water shall be marked on each side of its stem and of its stern post in Roman capital letters or in figures, not less than 6 inches in length, the lower line of such letters or figures to coincide with the draught line denoted thereby, and the letters or figures must be marked by being cut in and painted white or yellow on a dark ground, or in such other way as the Director may approve; (c) in the case of a ship registered on or after 1 January 1974, a scale of decimetres, or of metres and decimetres, denoting a draught of water shall be marked on each side of its stem and of its stern post- (i) in figures at two-decimetre intervals, if the scale is in decimetres; and (ii) in figures at each metre interval and at intervening two decimetre intervals, if the scale is in metres and decimetres, the capital letter "M" being placed after each metre figure; the top figure of the scale showing both the metre and (except where it marks a full metre interval) the decimetre figure; the lower line of the figures, or figures and letters (as the case may be), coinciding with the draught line denoted thereby; the figures and letters being not less than one decimetre in length and being marked by being cut in and painted white or yellow on a dark ground. or in such other way as the Director may approve; (d) in the case of a ship registered on or after 1 January 1974 but before 31 December 1974 a scale shall be marked either in accordance with paragraph (b) or (c).

(2) The Registrar may exempt any class of ships from all or any of the requirements of this section.

(3) If the scale showing the ship's draught of water is in any respect inaccurate, so as to be likely to mislead, the owner or demise charterer of the ship commits an offence and is liable to a fine of $5,000.

(4) The marks required by this section shall be permanently maintained, and no alteration shall be made to them except where any of the particulars denoted by the marks are altered in the manner provided by this Ordinance.

(5) An owner, demise charterer or master of a registered ship who fails to maintain the ship marked as required by this section commits an offence and is liable to a fine of $5,000.

(6) A person who, otherwise than as provided by or under this section- (a) conceals, removes, alters, defaces or obliterates; or (b) suffers any person under his control to conceal, remove, alter, deface or obliterate, any marking required by this section to be maintained, commits an offence and is liable to a fine of $5,000.

(7) The Director may, upon receipt of a certificate from an authorized surveyor specifying that a ship is insufficiently or inaccurately marked, detain the ship until the insufficiency or inaccuracy has been remedied.

Registration procedures 19. Application for registration (1) Subject to subsection (2), an application for registration of a ship shall be made by the person or persons applying to be registered as owner, as follows- (a) in the case of one or more individuals, by that or those persons, as the case may be, or by an individual or individuals appointed to act on his or their behalf; (b) in the case of one or more bodies corporate, by an individual or individuals authorized to act on its or their behalf.

(2) An application for registration of a ship which is to be registered by virtue of section 11 (1) (b) shall be made by both the demise charterer and the owner in the manner provided by subsection (1).

(3) Where an application is made by a person on behalf of an owner or demise charterer, the authority of that person shall be testified by writing- (a) if appointed by one or more individuals, under the hand and seal of the person or persons so appointing him; (b) if authorized by a body corporate possessing a common seal, under the seal of the body corporate; or (c) if authorized by a body corporate not possessing a common seal, under the hand and seal of a person purporting to be authorized by the body corporate to make declarations on its behalf under section 84.

(4) An application made by a person authorized by a body corporate not possessing a common seal shall include a declaration by that person that the body concerned does not possess a common seal.

(5) An application shall be in the specified form and shall include, in addition to the declaration referred to in subsection (4) (if required)- (a) the consent, in writing, of the representative person appointed in relation to the ship, to his appointment; (b) in the case of a ship which is to be registered by virtue of section 11 (1) (b)- (i) the consent, in writing, of the owner to the ship's registration in Hong Kong; and (ii) a declaration by both the owner and demise charterer- (A) that the demise charterer is a qualified person; (B) that the demise charterer will under the demise charter have possession of the ship and sole control of all matters relating to the navigation and operation of the ship including employment of the master and crew; and (C) that the ship will not be registered elsewhere for so long as it is registered in Hong Kong.

(6) An application shall be accompanied by declarations made under section 20 (1) or (2), as the case may be.

20. Declarations by and on behalf of owners and demise charterers (1) A person shall not be entitled to be registered as an owner of a ship which is to be registered by virtue of section 11 (1) (a), or of a share in or part of such a ship until he, or in the case of a body corporate the person authorized under section 84 to make declarations on behalf of the body corporate, has made and signed a declaration of entitlement to own a ship registered in Hong Kong, in the specified form, which shall include the following- (a) in the case of a body corporate, a statement that the declarant is authorized to make the declaration on behalf of the body corporate; (b) in the case of an individual purporting to be a qualified person, a statement that he holds a valid identity card and is ordinarily resident in Hong Kong; (c) in the case of a body corporate purporting to be a qualified person, a statement of the circumstances of incorporation in Hong Kong, or of registration under Part XI of the Companies Ordinance (Cap. 32), as the case may be; (d) in the case of a body corporate other than a qualified person, a statement of the circumstances of incorporation or registration of the body corporate; (e) a statement of the number of shares in, or the fraction or percentage of, the ship in respect of which the legal title will be vested in the declarant; (f) a statement that to the best of the declarant's knowledge and belief a majority interest in the ship will upon registration be owned by one or more qualified persons; (g) a statement that the general description of the ship contained in the application is correct; (h) a statement that the ship is not registered in any place outside Hong Kong or, if it is so registered, that the declarant will secure deletion of the ship from the register in every such place; (i) in the case of a person other than a qualified person, a statement that the declarant consents to the ship being registered in Hong Kong.

(2) A body corporate shall not be entitled to be registered as the demise charterer of a ship which is to be registered by virtue of section 11 (1) (b), until the person authorized under section 84 to make declarations on behalf of the body corporate has made and signed a declaration which shall include the following- (a) a statement that the declarant is authorized to make the declaration on behalf of the body corporate; (b) a statement of the circumstances of incorporation of the body corporate in Hong Kong, or of registration under Part XI of the Companies Ordinance (Cap. 32), as the case may be; (c) a statement that the body corporate has entered into a demise charter- party in respect of the ship with the owner of the ship; (d) a statement that pursuant to the terms of the demise charter party the body corporate is able to register the ship in its name as the demise charterer; (e) a statement that the general description of the ship contained in the application is correct; (f) a statement that the ship is not registered in any place outside Hong Kong or, if it is so registered, that the declarant will secure deletion of the ship from the register in every such place; (g) a statement that a true, correct and complete copy of the demise charter-party is attached to the declaration; and (h) a statement that the consent of the owner of the ship to registration of the ship in Hong Kong is attached to the declaration.

21. Evidence on first registration (1) On the first registration of a ship which is to be registered by virtue of section 11 (1) (a), the following evidence shall be produced to the Registrar in addition to each declaration under section 20 (1)- (a) in relation to the ship- (i) a builder's certificate, bill of sale in favour of the owner or court order vesting title to the ship in the owner; (ii) evidence, to the satisfaction of the Registrar, of deletion of the ship from the registry of the place outside Hong Kong where the ship was last registered (if any) or, if the ship was last registered concurrently in more than one such place, from the registry of each such place; (iii) the certificate of survey; and (iv) the certificate of declaration of marking of the ship; (b) in relation to each qualified person applying to be registered as owner, a valid identity card, certificate of incorporation in Hong Kong or certificate of registration under Part XI of the Companies Ordinance (Cap.

32), as the case may be, issued in respect of that person; and (c) such other documents or information as may be specified in instructions or as the Registrar may reasonably require.

(2) Notwithstanding anything in subsection (1) (b), that provision shall, in so far as it requires the production of a valid identity card issued in respect of any person, be deemed to be complied with if there is produced to the Registrar- (a) a photostatic copy of the identity card; and (b) a declaration by the person in respect of whom the identity card was issued that it is a true copy of such identity card and that the identity card is valid.

(3) On the first registration of a ship which is to be registered by virtue of section 11 (1) (b), the following evidence shall be produced to the Registrar in addition to the declaration under section 20 (2)- (a) in relation to the ship- (i) a builder's certificate, bill of sale in favour of the owner or court order vesting title to the ship in the owner; (ii) evidence, to the satisfaction of the Registrar, of deletion of the ship from the registry of the place outside Hong Kong where the ship was last registered (if any) or, if the ship was last registered concurrently in more than one such place, from the registry of each such place; (iii) the certificate of survey; and (iv) the certificate or declaration of marking of the ship; (b) in relation to each owner which is a body corporate, evidence, to the satisfaction of the Registrar, of the incorporation or registration of the body corporate; (c) in relation to a body corporate (being a qualified person) applying to be registered as a demise charterer, a certificate of incorporation in Hong Kong or certificate of registration under Part XI of the Companies Ordinance (Cap. 32), as the case may be, issued in respect of that body corporate; and (d) such other documents or information as may be specified in instructions or as the Registrar may reasonably require.

(4) The Director may specify in instructions or may otherwise require such documents or information as may enable the Registrar to be satisfied- (a) as to the deletion of a ship from any registry for the purposes of subsection (1) (a) (ii) or (3) (a) (ii); or (b) as to the incorporation or registration of an owner under subsection (3) (b).

22. Refusal of registration (1) If for any reason it appears to the Registrar that a ship in respect of which an application for registration has been made may not be registrable, he may be notice served on the applicant or the representative person appointed in relation to the ship require that person to furnish him with such information as he thinks necessary for the purpose of determining whether the ship is registrable.

(2) Where the Registrar has served a notice under subsection (1) in respect of a ship, he may refuse to register the ship unless within the period of 30 days commencing on the date of service of the notice, he has become satisfied that the ship is registrable.

(3) Notwithstanding that a ship in respect of which an application for registration has been made is registrable, the Director may direct the Registrar not to register the ship if he is satisfied that, having regard- (a) to the condition of the ship so far as relevant to its safety or to any risk of pollution; or (b) to the safety, health and welfare of persons employed or engaged in any capacity on board the ship, it would be inappropriate for the ship to be registered.

(4) The Director may, if he is satisfied in respect of any ship or any class or type of ship that, having regard- (a) to the use, nature or condition of that ship or of that class or type of ship; and (b) to the difficulty of providing adequate supervision and control of that ship or that class or type of ship in Hong Kong, it would be inappropriate to register that ship or ships of that class or type, direct the Registrar not to register that ship or ships of that class or type, notwithstanding that any such ship is registrable.

(5) The Director shall from time to time publish, in such manner as he thinks fit, any direction given under subsection (4) where it relates to a class or type of ship.

23. Entry of particulars in the register When the requirements of this Ordinance preliminary to registration have been complied with in relation to a ship the Registrar shall enter in the register the following particulars relating to the ship- (a) the name of the ship; (b) such of the details specified in the certificate of survey as the Registrar considers essential for the purposes of registration; (c) the particulars of the ship's origin as stated in the application for registration; (d) the name, address and description of each owner including, where applicable, each owner other than a qualified person, and a statement of the number of shares in or parts of the ship owned by each and the total interest in the ship; (e) where the ship is to be registered by virtue of section 11 (1) (b)- (i) the name, address and description of the demise charterer; and (ii) the period of the demise charter as specified in the charter-party; and (f) the name and address of the representative person.

24. Certificate of registry Upon the registration of a ship, the Registrar shall grant a certificate of registry, in the specified form, containing the particulars relating to the ship entered in the register pursuant to section 23.

25. Retention of documents Upon the registration of a ship, the Registrar shall retain in his possession the following documents in respect of the ship- (a) the application for registration; (b) the certificate of survey; (c) the certificate or declaration of marking of the ship; (d) the declarations made under section 20 (1) or (2), as the case may be; (e) the builder's certificate, bill of sale in favour of the owner or court order vesting title to the ship in the owner, as the case may be; (f) any foreign certificate of deletion delivered to the Registrar whether pursuant to section 58 or otherwise; (g) the copy of the condemnation (if any); and (h) such other documents as are specified in instructions or as the Registrar may reasonably require.

26. Port of registry The port of registry of every registered ship shall be Hong Kong.

Provisional registration 27. Application for provisional registration (1) An application for provisional registration of a ship- (a) shall be made in the specified form by the person or persons applying to be provisionally registered as owner and (as the case may be) by the demise charterer, in the manner provided in respect of an application for registration under section 19; (b) shall include the declarations and consents referred to in that section; and (c) shall be accompanied by declarations made under section 20 (1) or (2), as the case may be.

(2) The following evidence shall be produced to the Registrar in addition to the application and the documents referred to in subsection (1)- (a) the documents and information specified in section 21 (1) (a) (i), (ii) and (iv), (b) and (c), or (3) (a) (i), (ii) and (iv), (b), (c) and (d), as the case may be; (b) a duly certified copy of the ship's current tonnage certificate; and (c) such other documents or information as may be specified in instructions or as the Registrar may reasonably require.

(3) In subsection (2) "current tonnage certificate" means a certificate or other document issued by the relevant authority of a place outside Hong Kong where the ship was previously registered- (a) certifying or stating, as the case may be, the tonnage measurement of the ship; and (b) in force at the time of its production.

(4) Notwithstanding anything in subsection (2) (a), that provision shall, in so far as it requires the production of a valid identity card issued in respect of any person, be deemed to be complied with if there is produced to the Registrar- (a) a photostatic copy of the identity card; and (b) a declaration by the person in respect of whom the identity card was issued that it is a true copy of such identity card and that the identity card is valid.

(5) An application under subsection (1) shall be further accompanied by a statement by the applicant of the port in which and the approximate time at which the ship will be surveyed for the purposes of registration under section 23.

28. Entry of particulars in the register on provisional registration (1) Subject to subsection (2), where the requirements of this Ordinance preliminary to provisional registration have been complied with in relation to a ship the Registrar shall enter in the register the following particulars relating to the ship- (a) the particulars referred to in section 23 (a), (c), (d), (e) and (f); (b) such of the details specified in the ship's current tonnage certificate referred to in section 27 (2) as the Registrar considers essential for the purposes of registration; and (c) the date of expiry of the period of provisional registration referred to in section 29 (1) (b).

(2) The Registrar shall not enter in the register particulars relating to a ship under subsection (1) unless an application for registration of the ship has been made under section 19 and the application has at the time of entering such particulars yet to be determined.

29. Period of provisional registration (1) Without prejudice to the provisions of sections 54 to 63, the provisional registration of a ship shall be deemed to be closed upon- (a) the registration of the ship under section 23; or (b) the expiry of a period of 3 months commencing on the date of provisional registration, whichever first occurs.

(2) The Registrar may, upon application made by the owner or demise charterer of a ship while the ship is provisionally registered, extend the period of provisional registration referred to in subsection (1) (b) by one or more further periods of 3 months but he shall not extend the period- (a) by more than 3 months on any one application; or (b) in any case, unless there are special circumstances which justify the extension.

(3) Where the Registrar extends the period of provisional registration of a ship under subsection (2)- (a) he shall make an entry in the register accordingly; and (b) subsection (1) shall for the purposes of this section have effect in relation to the ship as if the reference to the period of 3 months in that subsection were a reference to the period as extended under subsection (2).

(4) Where the provisional registration of a ship is deemed to be closed under subsection (1), section 67 shall apply as respects any undischarged registered mortgage of the ship.

30. Certificate of provisional registration (1) Upon the provisional registration of a ship under section 28, the Registrar shall grant a certificate of provisional registry, in the specified form, containing- (a) the particulars relating to the ship entered in the register pursuant to that section; and (b) the date of expiry of the period of provisional registration referred to in section 29 (1).

(2) A certificate of provisional registry in respect of a ship shall remain in force until- (a) the grant of a certificate of registry in respect of the ship under section 24; or (b) the expiry of the period of provisional registration referred to in section 29 (1), whichever first occurs.

(3) Where the period of provisional registration referred to in section 29 (1) is extended under section 29 (2), the Registrar shall grant a further certificate of provisional registry in respect of the extended period.

(4) Upon the grant of a certificate of registry or further certificate of provisional registry in respect of a ship, the owner, demise charterer or master of the ship shall deliver the ship's certificate of provisional registry or previous certificate of provisional registry, as the case may be, or cause such certificate to be delivered, to the Registrar- (a) forthwith, if the ship is in Hong Kong; or (b) if the ship is not in Hong Kong, as soon as practicable and in any case within a period of 30 days after the grant of the certificate of registry or further certificate of provisional registry, as the case may be.

(5) An owner, demise charterer or master who, without reasonable excuse, fails to comply with subsection (4) commits an offence and is liable to a fine of $5,000.

(6) Nothing in subsection (4) shall derogate from or affect the application of section 66 to a certificate of provisional registry.

31. Retention of documents on provisional registration Upon the provisional registration of a ship under section 28, the Registrar shall retain in his possession the following documents in respect of the ship- (a) the application for provisional registration; (b) the certified copy of the current tonnage certificate; (c) the certificate or declaration of marking of the ship; (d) the declarations made under section 20 (1) or (2), as the case may be; (e) the builder's certificate, bill of sale in favour of the owner or court order vesting title to the ship in the owner, as the case may be; (f) any foreign certificate of deletion delivered to the Registrar whether pursuant to section 58 or otherwise; (g) the copy of the condemnation (if any); and (h) such other documents as are specified in instructions or as the Registrar may reasonably require.

32. Application of Ordinance in relation to ships provisionally registered Except as otherwise provided expressly or by necessary implication the provisions of this Ordinance apply to and in relation to provisional registration and ships provisionally registered as they apply to and in relation to registration and to registered ships.

Use, etc. of certificates and flags 33. Custody of certificate (1) No person having possession or control of a certificate of registry of a ship shall- (a) detain such a certificate by reason of a claim by an owner, mortgagee, charterer or other person to any title to, lien or charge on, or interest in, the ship; or (b) fail, without reasonable excuse, to deliver the certificate on request to the person entitled to custody of it for the purpose of the lawful navigation of the ship, or to the Registrar or any other person entitled by law to require its delivery.

(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.

(3) If, in any proceedings in respect of an offence against this section in relation to a certificate of registry the court or a magistrate is of the opinion that the certificate is, or should be treated as, lost, the court or magistrate shall make an order to that effect and cause a copy of the order to be served on the Registrar.

34. Use of improper certificate (1) The master, owner or demise charterer of a ship shall not use, or permit the use of, for the purpose of the navigation of the ship, a certificate of registry not legally granted and in force in respect of the ship.

(2) Where subsection (1) is contravened, the master and the owner or demise charterer commit an offence and each is liable to a fine of $50,000 and to imprisonment for 1 year.

35. Replacement of lost, etc. certificate Where a certificate of registry of a ship is mislaid, lost or destroyed, the Registrar shall upon application and upon receipt of a declaration by the master, owner, demise charterer, representative person or other person authorized by the owner or demise charterer, stating, to the best of the declarant's knowledge and belief, the facts of the case, grant a new certificate of registry in substitution for the original certificate.

36. Application of preceding sections to certificate of provisional registry Sections 33, 34 and 35 shall apply in relation to a certificate of provisional registry as they apply in relation to a certificate of registry.

37. Proper colours (1) The proper colours of a registered ship shall be the flags specified in Schedule 1 flown in the manner specified in that Schedule.

(2) A registered ship may at any time, and shall on entering and leaving any port, fly the proper colours.

(3) No registered ship shall fly any colours purporting to be or closely resembling the proper colours which are not the proper colours.

(4) A ship, not being a registered ship, shall not- (a) except with the permission of the Director, fly the proper colours of a registered ship; or (b) fly any colours which purport to be or closely resemble the proper colours.

(5) Where subsection (2), (3) or (4) is contravened the master of the ship concerned commits an offence and is liable- (a) in the case of a contravention of subsection (2), to a fine of $5,000; and (b) in the case of a contravention of subsection (3) or (4), to a fine of $10,000.

(6) Any officer of the Marine Department authorized by the Director for the purpose may- (a) board any ship upon which any colours are flown in contravention of this section; and (b) seize, take away and dispose of any such colours.

(7) Any person who hinders or obstructs an officer in the exercise of his powers under subsection (6) commits an offence and is liable to a fine of $10,000.

PART V TRANSFERS AND TRANSMISSIONS 38. Application and interpretation of Part V (1) This Part shall not apply to a ship which is registered by virtue of section 11 (1) (b).

(2) In this Part, unless the context otherwise requires, a reference to a ship includes a reference to a share in or part of a ship.

39. Transfer of ships (1) For the purposes of registration under this Ordinance, the transfer of a registered ship shall be effected by a bill of sale.

(2) The bill of sale shall- (a) contain such of the description of the ship contained in the certificate of survey as is sufficient to identify the ship to the satisfaction of the Registrar; and (b) be executed by the transferor in the presence of, and be attested by, one or more witnesses.

40. Declaration of transfer (1) Subject to this section, where a registered ship is transferred in accordance with section 39 or 79, the transferee shall not be entitled to be registered as an owner of the ship until he, or in the case of a body corporate the person authorized under section 84 to make declarations on behalf of the body corporate, has made and signed a declaration of transfer in the specified form referring to the ship and containing- (a) a statement of the qualification of the transferee to own a ship registered in Hong Kong, or if the transferee is a body corporate, of such circumstances of the constitution thereof as prove it to be a qualified person; and (b) a statement that, to the best of his knowledge and belief, a majority interest in the ship will upon transfer be owned by one or more qualified persons.

(2) In the application of this section to a ship which is not wholly owned by qualified persons, subsection (1) (a) shall have effect only in relation to qualified persons.

(3) Subsection (1) shall not apply where the Government is the transferee.

41. Registration of transfer (1) Upon lodgment of the bill of sale and the declaration of transfer (if required), the Registrar shall enter in the register the name of the transferee as owner of the ship, and shall endorse on the bill of sale- (a) the fact of that entry having been made; and (b) the day and hour of making the entry.

(2) Bills of sale shall be entered in the register in the order of their lodgment.

42. Transmission of ship by operation of law (1) Where the property in a ship is transmitted to any person by any lawful means other than a transfer under section 39 or 79, and a majority interest in the ship remains in the ownership of one or more qualified persons, the person or persons to whom the ship is transmitted shall make and sign a declaration of transmission in the specified form containing- (a) such of the description of the ship contained in the certificate of survey as is sufficient to identify the ship to the satisfaction of the Registrar; (b) the statements referred to in section 40 (1) (a) and (b); and (c) a statement of the manner in which and the person or persons to whom the property has been transmitted.

(2) The declaration of transmission shall be accompanied by such evidence of the transmission as may be specified in instructions or as the Registrar may reasonably require.

(3) Upon lodgment of the declaration of transmission and the evidence required under subsection (2), the Registrar shall enter in the register the name of the person or persons entitled under the transmission as owner of the ship the property in which has been transmitted.

(4) Where there is more than one such person referred to in subsection (3), all such persons shall be considered as joint owners of the whole of the property transmitted.

PART VI MORTGAGES 43. Definitions in Part VI (1) In this Part, unless the context otherwise requires- "mortgage" means a mortgage registered under this Part; "mortgagee" means the person whose name appears in the register as the holder of a mortgage; "obligation" includes any present or future obligation; "ship" includes everything on board a ship belonging to the owner.

(2) In this Part, unless the context otherwise requires, a reference to a ship includes a reference to a share in or part of a ship.

44. Mortgage of ship (1) A registered ship may be made security for any obligation by way of a mortgage under this Ordinance.

(2) The instrument creating such a mortgage shall- (a) be in the specified form; (b) set out among other things- (i) the name and address of each mortgagor; (ii) the name and address (or, in the case of a body corporate, place of incorporation) of each mortgagee; and (c) be duly executed by or on behalf of each mortgagor in the specified manner.

(3) Upon lodgment of a mortgage instrument and any consents required pursuant to section 45 (2), the Registrar shall enter in the register particulars of the mortgage and shall endorse on the mortgage instrument the date and time of registration.

(4) Mortgage instruments shall be registered in the order of their lodgment.

45. Priority of mortgages, etc.

(1) Where 2 or more mortgages are registered in respect of the same ship, priority among the mortgagees shall be in accordance with the order of registration of the mortgages, irrespective of the date upon which they were made or executed, and notwithstanding any express, implied or constructive notice.

(2) No mortgage instrument shall be registered except with the prior written consent of all the holders of mortgages then registered against the ship concerned.

(3) The priority accorded to a mortgage pursuant to subsection (1) shall, unless the holders of all registered mortgages having priority subsequent to such mortgage otherwise agree in writing, extend only to those obligations expressed to be secured by the mortgage instrument or any instrument referred to in the mortgage instrument.

46. Mortgagee not treated as owner A mortgage of a registered ship does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the ship except to the extent necessary to make the ship available as a security under the mortgage.

47. Mortgagee to have power of disposal (1) A mortgagee of a registered ship shall have power absolutely to dispose of the ship and to give effectual receipts in respect of the disposal, but where there are 2 or more mortgages of the same ship, a subsequent mortgagee shall not, except under the order of a court, dispose of the ship without the consent of every prior mortgagee.

(2) A mortgagee of a registered ship who intends to dispose of the ship shall not dispose of the ship unless he has first given notice in writing to the Registrar of his intention so to dispose of the ship.

(3) Where the Registrar is notified by a mortgagee of the intention of that mortgagee to dispose of a ship, the Registrar shall forthwith inform each subsequent mortgagee of that ship accordingly.

(4) The disposal of a ship is not invalidated because of any failure to comply with a requirement of subsection (2) in relation to the disposal.

48. Transfer of mortgage (1) A mortgage of a registered ship may be transferred to any person by an instrument of transfer which shall- (a) be in the specified form; (b) set out the name and address (or, in the case of a body corporate, place of incorporation) of the transferee; and (c) be duly executed by or on behalf of each mortgagee in the specified manner.

(2) Upon lodgment of the instrument of transfer the Registrar shall enter in the register the name of the transferee as the mortgagee of the ship concerned and shall endorse on the instrument of transfer the date and time of such registration.

49. Transmission of mortgage by operation of law (1) Where the interest of a mortgagee in a mortgage of a registered ship is transmitted to another person by any lawful means other than a transfer under section 48, that person shall make and sign a declaration of transmission, in writing, which shall set out- (a) the name and official number of the ship; (b) the name and address of each person from whom the interest is transmitted; and (c) the name and address (or, in the case of a body corporate, place of incorporation) of the person to whom the interest is transmitted.

(2) The declaration of transmission shall be accompanied by such evidence of the transmission as may be specified in instructions.

(3) Upon lodgment of the declaration and the evidence required under subsection (2), the Registrar shall enter in the register the name of the person to whom the interest is transmitted as the mortgagee of the ship.

50. Discharge of mortgage (1) Where a mortgage is discharged, the mortgage instrument with a memorandum of discharge in the specified form endorsed thereon or firmly affixed thereto, duly executed by each mortgagee shall be lodged by the mortgagor or mortgagee with the Registrar.

(2) The Registrar shall, upon the lodgment by the mortgagor or mortgagee of the mortgage instrument and memorandum of discharge, make an entry in the register to the effect that the mortgage has been discharged and, on that entry being made, any interest of the mortgagee under the mortgage vests in the mortgagor.

(3) Where the mortgage instrument cannot, for any reason, be lodged with the Registrar, there shall be lodged by the mortgagor or mortgagee with the Registrar, in substitution for the mortgage instrument and memorandum of discharge, a declaration by the mortgagee that the mortgage has been discharged and setting out- (a) the name and official number of the ship; (b) the name and address of each mortgagor; (c) the name and address of each mortgagee; (d) the date of the mortgage; and (e) the date and time of entry of particulars of the mortgage in the register.

(4) In this section, "mortgagor", in relation to a ship, includes any person in whom, having regard to any intervening acts and circumstances, the interest of the mortgagee would have been vested if the mortgage had not been made.

51. Power of disposal by owner The owner of a registered ship has power, subject to this Ordinance and to any rights and powers appearing in the register to be vested in any other person, absolutely to dispose of the ship and to give effectual receipts in respect of the disposal.

52. Trusts not recognized Notice of a trust, express, implied or constructive, shall not be entered in the register or be receivable by the Registrar.

53. Equities not excluded (1) Subject to sections 47, 51 and 52, beneficial interests may be enforced by or against the owner or mortgagee of a ship in respect of his interest in the ship in the same manner as in respect of any other personal property.

(2) In subsection (1) "beneficial interests" includes interests arising under contract and other equitable interests.

PART VII CLOSURE OF REGISTRATION Duties of owners, etc. in relation to registrability of ships 54. Notice of change of address, etc. of owner (1) An owner of a registered ship who has made a declaration under section 20, 27, 40 or 42 that he is ordinarily resident in Hong Kong shall in the event of- (a) any change in his address; or (b) any change in his residential status by reason of which he is no longer ordinarily resident in Hong Kong, notify the Registrar, in writing, of that event within 30 days after the occurrence thereof.

(2) An owner who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

(3) The Registrar shall enter in the register any change of address of an owner pursuant to a notice given under subsection (1) (a).

55. Notice of dissolution, etc. of body corporate owner or charterer (1) Where- (a) a body corporate is the owner or demise charterer of a registered ship; and (b) a declaration was made under section 20, 27, 40 or 42 in respect of the body corporate that it- (i) is incorporated in Hong Kong; or (ii) is an oversea company registered under Part XI of the Companies Ordinance (Cap. 32), the representative person appointed in relation to the ship shall, in the event of the body corporate ceasing to be incorporated in Hong Kong or to be registered under Part XI of the Companies Ordinance (Cap. 32), as the case may be, notify the Registrar, in writing, of that event within 30 days after the occurrence thereof.

(2) A representative person who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

56. Notice of termination of demise charter (1) The demise charterer of a ship registered by virtue of section 11 (1) (b) shall notify the Registrar, in writing, of the actual date of termination of the demise charter as soon as practicable and in any case within 7 days after that date.

(2) In subsection (1) "the actual date of termination of the demise charter" means the date on which the ship is redelivered by the demise charterer to the owner under the demise charter, or such other date as may be agreed by the demise charterer and owner, or as may be determined in legal proceedings, to be the actual date of termination of the demise charter.

(3) A demise charterer who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

57. Notice of loss, transfer, etc. of ship (1) In the event that a registered ship- (a) is taken in war or hostilities, as a result of which the owner or demise charterer has lost control over the operation of the ship; (b) is broken up, or is an actual or constructive total loss such that it is no longer capable of being used in navigation; or (c) ceases to be registrable, whether by reason of a transfer of the ship or of a share in or part of the ship to a person other than a qualified person, or otherwise, the owner or demise charterer of the ship shall forthwith upon obtaining knowledge of the event, if no notice has already been given to the Registrar, give notice of the event to the Registrar.

(2) An owner or demise charterer who, without reasonable excuse, fails to comply with subsection (1), commits an offence and is liable to a fine of $5,000.

58. Delivery of foreign certificate of deletion (1) Subject to subsection (2), the owner or demise charterer of a ship that becomes registered in Hong Kong shall, within 30 days after the date of the ship's registration, deliver to the Registrar a foreign certificate of deletion in respect of the place outside Hong Kong where the ship was last registered (if any) or, if the ship was last registered concurrently in more than one such place, in respect of each such place.

(2) Subsection (1) shall not apply where the certificate or certificates referred to in that subsection are delivered to the Registrar prior to the time of registration of the ship.

Closure of registration 59. Owner seeking closure of registration (1) Where the owner of a registered ship wishes the ship's registration to be closed he shall- (a) obtain the consent of each registered mortgagee (if any) to the closure of the ship's registration- (i) in writing and in the specified form; and (ii) duly verified in the specified manner; and (b) give notice in writing to the Registrar and to the demise charterer (if any) that he wishes the ship's registration to be closed.

(2) A notice to the Registrar under subsection (1) (b) shall be accompanied by the consent (if any) referred to in subsection (1) (a).

(3) Where the owner complies with subsections (1) and (2) in relation to a ship, the Registrar shall record the giving of notice and obtaining of consent (if any) in the register and the ship's registration shall thereupon be closed.

60. Closure on receipt of notice concerning registrability Where- (a) the Registrar receives, in relation to a registered ship, a notice in accordance with section 54 (1) (b), 55 (1) 56 (1) or 57 (1); and (b) in his opinion, the ship has ceased to be registrable, he shall record the giving of that notice in the register and the ship's registration shall thereupon be closed.

61. Closure on failure to comply with requirements of Ordinance (1) The Registrar may, where it appears to him in relation to a registered ship that- (a) the owner of the ship has failed to comply with section 54 (1) (b), 57 (1) or 58 (1); (b) the representative person has failed to comply with section 55 (1); (c) the demise charterer of the ship has failed to comply with section 56 (1), 57 (1) or 58 (1); or (d) a person has contravened section 86, serve on the owner, demise charterer or representative person, and on each mortgagee (if any) of the ship, a notice stating- (i) that it appears to the Registrar that there has been a failure to comply with or a contravention of the relevant section specified in this subsection by the owner, representative person, demise charterer or other person, as the case may be; and (ii) that he intends, after the end of the period of 30 days beginning with the date of service of the notice, to close the ship's registration unless he is satisfied that it would be inappropriate to do so by any representations made to him by or on behalf of the owner or demise charterer within the period.

(2) As soon as practicable after the end of the period referred to in subsection (1) (ii) the Registrar shall close the ship's registration unless he is satisfied that it would be inappropriate to do so by any representations made pursuant to that subsection.

(3) The Registrar may exercise the power to close a ship's registration vested in him by subsection (2) whether or not- (a) legal proceedings are brought against any person in respect of any failure to comply or contravention specified in subsection (1); or (b) the ship ceases to be registrable.

62. Closure on failure to pay fees or charges (1) The Registrar may, where it appears to him that any fee or charge (or any part thereof) relating to a registered ship and imposed under this Ordinance remains due and unpaid, serve on the owner, demise charterer or representative person, and on each mortgagee (if any) of the ship, a notice specifying the fee or charge which remains due and unpaid and stating that he intends, after the end of the period of 30 days beginning with the date of service of the notice, to close the ship's registration unless- (a) the specified fee or charge is paid within that period; or (b) he is satisfied by any representations made to him by or on behalf of the owner or demise charterer within the period that it would be inappropriate to close the ship's registration.

(2) As soon as practicable after the end of the period referred to in subsection (1), the Registrar shall close the ship's registration unless- (a) the specified fee or charge is paid within that period; or (b) he is satisfied by any representations made pursuant to that subsection that it would be inappropriate to close the ship's registration (3) The Registrar may exercise the power to close the ship's registration vested in him by subsection (2) whether or not legal proceedings are brought against any person for recovery of the fee or charge.

63. Closure on failure of representative person to act, etc.

(1) Where in relation to a registered ship- (a) the Director is satisfied that the representative person appointed in relation to the ship (being the owner of the ship) has failed to comply with section 71 (1) or with any other obligation imposed on him by this Ordinance; or (b) it appears to the Director that the owner or demise charterer has failed to comply with section 68 (1) (b) or (3) or with a notice served on the owner or demise charterer under section 72 (1) within the time specified in that section, then, whether or not- (i) legal proceedings are brought against the owner, demise charterer or representative person in respect of any such failure to comply; or (ii) the ship ceases to be registrable, the Director may direct the Registrar to close the registration of the ship.

(2) Upon receipt of a direction under subsection (1) the Registrar shall record the giving of the direction in the register and the ship's registration shall thereupon be closed.

64. Closure by direction generally (1) Without prejudice to sections 60, 61 and 63, if for any reason it appears to the Registrar that a registered ship may have ceased to be registrable, he may by notice served on the owner, demise charterer or representative person require that person to furnish him with such information as he thinks necessary for the purpose of determining whether the ship is registrable.

(2) Where the Registrar has served a notice under subsection (1) with respect to a ship, then, unless he has become satisfied that the ship is registrable, he shall, as soon as practicable after the end of the period of 30 days beginning with the date of service of that notice, serve a notice under subsection (4) on- (a) the owner, demise charterer or representative person appointed in relation to the ship; and (b) each mortgagee (if any) of the ship.

(3) Where the Director is satisfied in relation to a registered ship- (a) that, having regard to the matters mentioned in section 22 (3) (a) or (b) or (4), it would be inappropriate for the ship to continue to be registered; (b) that any penalty imposed on the owner or demise charterer of the ship in respect of a contravention of or failure to comply with any provision of this Ordinance or any Ordinance specified in Schedule 2 has remained unpaid for a period of more than 3 months and no appeal against the penalty is pending; or (c) that any summons for any such contravention or failure to comply has been duly served on the owner, demise charterer or representative person of the ship but the owner or demise charterer failed to appear at the time and place appointed for the trial of the information or complaint in question and a period of not less than 3 months has elapsed since that time, the Director shall serve a notice under subsection (4) on- (i) the owner, demise charterer or representative person; and (ii) each mortgagee (if any) of the ship.

(4) A notice under this subsection is a notice stating- (a) that the Director is not satisfied that the ship in question is registrable or (as the case may be) that he is satisfied as to the matters specified in subsection (3) (a), (b) or (c), as the case may be; and (b) that he intends, after the end of the period of 90 days beginning with the date of service of the notice, to direct that the ship's registration be closed unless he is satisfied that it would be inappropriate to do so by any representations made to him by or on behalf of the owner or demise charterer within the period.

(5) As soon as practicable after the end of the period referred to in subsection (4), the Director shall direct the Registrar to close the ship's registration unless he is satisfied that it would be inappropriate to do so by any representations made pursuant to that subsection.

(6) Upon receipt of a direction under subsection (5), the Registrar shall record the giving of the direction in the register and the ship's registration shall thereupon be closed.

65. Issue of certificate of deletion Where the registration of a ship is, or is deemed to be, closed under this Ordinance, the Registrar shall issue to the owner a certificate of deletion in the specified form certifying that the ship's registration is closed and the date of such closure.

66. Delivery of certificate of registry on closure (1) Upon the issue of a certificate of deletion in respect of a ship, the owner or master of the ship shall deliver the ship's certificate of registry or certificate of provisional registry, as the case may be, or cause the certificate to be delivered, to the Registrar- (a) forthwith, if the ship is in Hong Kong; or (b) if the ship is not in Hong Kong, as soon as practicable and in any case within a period of 30 days after the date of issue of the certificate of deletion.

(2) An owner or master who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

67. Register entries relating to mortgages (1) Where the registration of a ship is closed under this Part, the closure shall not affect any existing entry in the register so far as the entry relates to any undischarged registered mortgage of that ship or of any share in it.

(2) In subsection (1) "existing entry in the register", in relation to a ship, means an entry existing in the register at the time of closure of the ship's registration.

PART VIII REPRESENTATIVE PERSONS 68. Representative person (1) For the purposes of section 11 the owner or demise charterer of a ship shall- (a) appoint a person satisfying the requirements specified in subsection (2) to be the representative person in relation to the ship; and (b) ensure that, so long as the ship remains registered, a person satisfying those requirements is appointed.

(2) The representative person shall be- (a) a qualified person and the owner or part owner of the ship; or (b) a body corporate incorporated in Hong Kong which is engaged in the business of managing, or acting as agent for, ships.

(3) The owner or demise charterer of a ship in relation to which any representative person is for the time being appointed shall, in the event of any change in the identity, or in the address, of the representative person, notify the Registrar of the name and address of the new representative person, or (as the case may be) of the new address, within a period of 30 days after the change occurs.

(4) The Registrar shall enter in the register particulars notified to him under subsection (3).

(5) An owner or demise charterer who fails to comply with subsection (1) (b) or (3) commits an offence and is liable to a fine of $5,000.

69. Notice of change of business by representative person (1) A representative person appointed in relation to a ship (not being the owner of the ship) shall, in the event that he ceases to engage in the business of managing, or acting as agent for, ships, give notice in writing of that event to the Registrar and the owner or demise charterer within 30 days after the occurrence thereof.

(2) A representative person who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

70. Notice of intention to cease acting (1) A representative person appointed in relation to a ship (not being the owner of the ship) who intends to cease acting as the representative person shall- (a) give notice in writing of his intention to the owner or demise charterer of the ship; and (b) deposit with the Registrar a declaration that he has given such notice.

(2) A notice given under subsection (1) shall have effect in accordance with section 71.

71. Duties, etc. of representative person (1) The representative person appointed in relation to a ship shall represent the owner and demise charterer of a ship in respect of all matters concerning the ship's operation as a registered ship and in particular, but without limiting the generality of the foregoing, shall, on behalf of the owner and demise charterer- (a) accept service of all documents in respect of legal proceedings against the owner or demise charterer of the ship, which may be served on the representative person pursuant to section 88 (2); (b) where the Director or the Registrar by notice served on the owner, demise charterer or representative person requires the owner or demise charterer to take any action or give any information concerning the ship or the operation of the ship as a registered ship, take such action or give such information within the time specified in the notice or, if no such time is specified, within a reasonable time.

(2) The duties prescribed by subsection (1) shall be in addition to and shall not derogate from any other duties prescribed in relation to a representative person by or under this Ordinance.

(3) Where a representative person is appointed in relation to a ship, subsections (1) and (2) shall apply to that person until- (a) the appointment by the owner or demise charterer of another representative person in relation to the ship; or (b) the expiration of a period of 30 days after the date on which a declaration is deposited under section 70 (1); or (c) the registration of the ship is closed; or (d) that person's death, if an individual, or winding up or dissolution, as the case may be, if a body corporate, whichever event occurs first.

(4) Nothing in this section shall be construed as making the representative person appointed in relation to a ship liable in any legal proceedings (whether civil or criminal) for any act or omission of the owner or demise charterer of the ship.

72. Notice to replace representative person (1) The Director may, if he is satisfied that the representative person for the time being appointed in relation to a ship (not being the owner of the ship)- (a) does not satisfy the requirements specified in section 68 (2); or (b) has failed to comply with section 71 (1) or with any other obligation imposed on him as the representative person by this Ordinance, by written notice served on the owner or demise charterer and on the representative person, require the owner or demise charterer to replace the representative person within a period of 30 days after the date of service of the notice.

(2) An owner or demise charterer who fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

PART IX GOVERNMENT SHIPS 73. Meaning of "Government ship" In this Part "Government ship" means a ship which is owned by the Government.

74. Registrability of Government ships (1) Subject to this Part, a Government ship is registrable.

(2) Subject to this Part, a registered Government ship ceases to be registrable if- (a) it ceases to be a Government ship; (b) the ship is taken in war or hostilities, as a result of which the Government has lost control over the operation of the ship; (c) the ship is broken up, or is an actual or constructive total loss such that it is no longer capable of being used in navigation; (d) the ship at the time of registration remains registered in a place outside Hong Kong; or (e) the ship subsequently becomes registered in a place outside Hong Kong.

75. Application for registration of Government ship An application for registration of a Government ship shall be made, in the specified form, by the Chief Secretary or by a public officer authorized by him for the purpose, and shall be accompanied by- (a) the certificate of survey; (b) the certificate or declaration of marking of the ship; (c) evidence, to the satisfaction of the Registrar, of deletion of the ship from the registry of the place outside Hong Kong where the ship was last registered (if any) or, if the ship was last registered concurrently in more than one such place, from the registry of each such place; (d) such evidence of title as is specified in instructions; and (e) such other documents or information as may be specified in instructions or as the Registrar may reasonably require.

76. Entry of particulars of Government ship in the register When the requirements of this Part preliminary to registration have been complied with in relation to a Government ship, the Registrar shall enter in the register the following particulars relating to the ship- (a) the name of the ship; (b) such of the details specified in the certificate of survey as the Registrar considers essential for the purposes of registration; (c) the particulars of the ship's origin as stated in the application for registration; and (d) the Government as owner of the ship.

77. Certificate of registry of Government ship Upon the registration of a Government ship under section 76, the Registrar shall grant a certificate of registry, in the specified form, containing particulars relating to the ship entered in the register pursuant to that section.

78. Retention of documents relating to Government ship Upon the registration of a Government ship under section 76, the Registrar shall retain in his possession the following documents in respect of the ship- (a) the application for registration; (b) the certificate of survey; (c) the certificate or declaration of marking of the ship; and (d) such evidence of title and other documents as are specified in instructions.

79. Transfer of registered Government ship (1) For the purposes of registration under this Ordinance, the transfer of a registered Government ship shall be effected by a bill of sale.

(2) The bill of sale shall- (a) be in the specified form; (b) show the government as transferor; and (c) be signed on behalf of the transferor by the Chief Secretary or by a public officer authorized by him for the purpose.

80. Application of Ordinance to Government ships (1) In addition to the provisions of this Part, the provisions of this Ordinance specified in column 2 of Schedule 3 shall apply to Government ships to the extent provided in column 3 of that Schedule.

(2) Except as provided by subsection (1) this Ordinance shall not apply to Government ships.

(3) Nothing in this Ordinance shall make the Government liable to prosecution for an offence in relation to a Government ship.

PART X MISCELLANEOUS 81. Alterations to ships (1) Where a registered ship is so altered as not to correspond with the particulars relating to the ship's tonnage or description contained in the register, the owner, demise charterer or representative person shall give notice of the alteration to the Registrar in the specified form within 14 days after the completion of the alteration.

(2) The Registrar shall, upon receipt of a notice under subsection (1), at his discretion either- (a) enter the new particulars relating to the ship in the register; or (b) require that the ship be registered anew.

(3) Where notice under subsection (1) is not given in respect of a ship within the prescribed period, the obligation to give notice as required by that subsection continues, notwithstanding that the prescribed period has passed, until notice is so given.

(4) Where there is a failure to comply with subsection (1) in relation to a ship, the owner or demise charterer commits an offence and is liable to a fine of $5,000, and to a daily penalty of $1,000.

82. Registration anew (1) Where under section 81 the Registrar requires that a ship be registered anew, he shall proceed as in the case of a first registration, and upon due compliance with the requirements as to first registration, or such of those requirements as are specified in instructions or as he may otherwise reasonably require, he shall register the ship anew.

(2) Where a ship is registered anew- (a) the ship's former registration shall be deemed to be closed and section 67 shall apply as respects any undischarged registered mortgage of the ship; and (b) the names of all persons appearing on the former register to be interested in the ship as owners, demise charterers or mortgagees shall be entered on the new register and the registration anew shall not in any way affect the rights of any of those persons.

83. Grant of new certificate of registry (1) Upon registration of- (a) a change of name of a registered ship under section 17; (b) the transfer of a registered ship or a share in or part of a ship under section 39 or 79; (c) the particulars in respect of a transmission of property in a registered ship or a share in or part of the ship under section 42; (d) the change of address of an owner under section 54 (3); (e) the particulars of a change in the identity or address of the representative person under section 68 (3); (f) new particulars of a registered ship after alteration of the ship under section 81 or upon registration anew under section 82; or (g) any other change in particulars relating to the ship, the owners, demise charterer or representative person pursuant to this Ordinance, the Registrar shall grant a new certificate of registry of the ship, in the specified form, containing the new particulars relating to the ship, the owners, demise charterer or representative person, as the case may be.

(2) Upon the grant of a new certificate of registry of a registered ship under subsection (1) the owner, demise charterer or master shall deliver the old certificate of registry, or cause the certificate to be delivered, to the Registrar- (a) forthwith, if the ship is in Hong Kong; or (b) if the ship is not in Hong Kong, as soon as practicable and in any case within a period of 30 days after the date on which the new certificate is granted.

(3) An owner, demise charterer or master who, without reasonable excuse, fails to comply with subsection (2) commits an offence and is liable to a fine of $5,000.

(4) This section applies in relation to a certificate of provisional registry as it applies in relation to a certificate of registry.

84. Mode of making declarations (1) A declaration under or for the purposes of this Ordinance- (a) may be made in Hong Kong before the Registrar, a justice of the peace, a notary public, a commissioner for oaths or a solicitor; (b) may be made in a place outside Hong Kong before a notary public or such other person as may be specified for the purposes in instructions; and (c) may be made on behalf of a body corporate by the secretary or any other officer of the body corporate authorized by it for that purpose.

(2) In subsection (1)- (a) "commissioner for oaths" means a commissioner for oaths duly appointed by the Chief Justice under any enactment in force in Hong Kong; (b) "notary public" in relation to Hong Kong, means a notary public duly registered by the Registrar of the Supreme Court under section 40 of the Legal Practitioners Ordinance (Cap. 159), and in relation to a place outside Hong Kong means a person duly authorized to take declarations under the law of that place.

85. Power of Registrar to dispense with declarations, etc.

(1) Where under or for the purpose of this Ordinance a person is required to make a declaration on behalf of himself or of any body corporate, or any evidence is required to be produced to the Registrar, and it is shown to the satisfaction of the Registrar that from any reasonable cause that person is unable to make the declaration, or that the evidence cannot be produced, the Registrar may on the production of such evidence and subject to such terms as he thinks fit, dispense with the declaration or evidence.

(2) Without prejudice to subsection (1), the Registrar may upon an application for registration of a ship under section 19, dispense with any declaration, evidence or consent under section 19, 20 or 21 to the extent that such declaration, evidence or consent has been made, produced or obtained, as the case may be, pursuant to an application for provisional registration of the ship under section 27.

86. False declarations or information Any person who, knowingly or recklessly- (a) makes any false declaration or certificate under or for the purposes of this Ordinance; or (b) makes any false or misleading statement or furnishes any false or misleading information to the Director or Registrar pursuant to a requirement by or under this Ordinance to make any statement or furnish any information, whether in an application or otherwise.

commits an offence and is liable- (i) on conviction upon indictment to a fine of $100,000 and to imprisonment for 2 years; or (ii) on summary conviction to a fine of $10,000 and to imprisonment for 6 months.

87. Documents, copies and admissibility in evidence (1) A document purporting to be- (a) a certificate of registry, certificate of provisional registry, other certificate or declaration issued or made under this Ordinance; or (b) a copy of or extract from- (i) the register in legible form; or (ii) a document referred to in paragraph (a), and to be certified as a true copy or extract by the Registrar or a person authorized by him in that behalf, shall be admitted in evidence in any legal proceedings upon its production unless it is proved that it is not the document it purports to be or that it was not signed or certified by the person by whom it purports to be signed or certified, as the case may be, and if so admitted shall be sufficient, but not conclusive, evidence of any matter stated in the register or document.

(2) Nothing in subsection (1) shall prejudice the admissibility of any evidence which would be admissible apart from that subsection.

(3) Without prejudice to section 8, the Registrar may in his discretion and on payment of the prescribed fee, supply a certified copy of or extract from any document forming part of or associated with the register to any person applying for such copy or extract.

88. Service of documents (1) Any notice required or authorized to be served on any person by the Director or Registrar under this Ordinance shall be deemed to be duly served on that person if it is- (a) delivered to him; (b) sent to him by registered post at the address for the time being recorded in relation to him in the register or otherwise notified to the Registrar pursuant to a duty under this Ordinance; or (c) left at that address.

(2) Any document required or authorized, by virtue of any statutory provision, to be served for the purpose of the institution of, or otherwise in connection with, proceedings for an offence under this Ordinance or any Ordinance specified in Schedule 2 shall, where the person to be served is the owner or demise charterer of a registered ship, be deemed to be duly served on the owner or demise charterer if it is served, in the manner prescribed by subsection (1), on the representative person appointed in relation to the ship.

(3) Any document required or authorized by virtue of any statutory provision, to be served for the purpose of the institution of, or otherwise in connection with, proceedings for an offence under this Ordinance, on the master of a ship, shall be deemed to be duly served on the master if it is- (a) delivered to him; or (b) left on board the ship with a person being or appearing to be in command or charge of the ship.

(4) Any person who obstructs the service under this Ordinance of a document on the master of a ship commits an offence and shall be liable to a fine of $5,000.

(5) Any owner, demise charterer, master or representative person of a ship who is party or privy to a contravention of subsection (4) commits an offence and is liable to a fine of $50,000 and to imprisonment for 1 year.

89. Taking detained ship to sea (1) Where a ship detained under section 17 or 18 goes to sea or attempts to go to sea before it is released from detention by the Director, the master and the owner or demise charterer commit an offence and each is liable to a fine of $50,000 and to imprisonment for 1 year.

(2) Where a ship- (a) goes to sea in contravention of subsection (1); and (b) has on board a public officer acting in the execution of his duty, the master and the owner or demise charterer- (i) commit an offence and each is liable, in addition to any penalty to which he may be liable under subsection (1), to a fine of $20,000 and to imprisonment for 6 months and to an additional fine of $1,000 for each day during the period from the date on which the ship proceeded to sea until the date on which the officer is returned to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable route; and (ii) are jointly and severally liable to pay all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong, and all such expenses may be recovered in the same manner as a fine.

90. Fees and charges regulations (1) The Governor in Council may make regulations providing for or in relation to- (a) fees for the registration and provisional registration of ships and for matters relating thereto, for the issue of certificates of registry, certificates of provisional registry and other documents under the Ordinance; (b) annual tonnage charges in respect of registered ships; (c) fees for transfers and transmissions of ships and ship mortgages; (d) fees for surveys, inspections, and other services and facilities provided, whether in Hong Kong or elsewhere, under or for the purposes of sections 14 and 18; (e) fees for inspecting the register and for copies of or extracts from entries in the register or copies of or extracts from any certificate or other document forming part of or associated with the register, and for certification of such copies or extracts; (f) fees for the official signature of the Director or Registrar or of any person on behalf of the Director or Registrar for the purposes of this Ordinance; (g) fees for any matter in respect of which regulations may be made under section 13 or 16.

(2) Any fees or charges prescribed under subsection (1)- (a) may be fixed at levels which provide for the recovery of expenditure incurred or likely to be incurred by the Government or other authority in relation generally to the administration, regulation and control of ports, ships and navigation in the waters of Hong Kong, and shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service, facility or matter; and (b) may, without prejudice to the generality of paragraph (a), be fixed at different amounts in relation to different sizes of ship, whether measured by tonnage, length or otherwise, or in relation to different classes, types or descriptions of ship, service, facility or matter.

(3) Regulations made under subsection (1) may provide for- (a) the reduction, waiver or refund of fees or charges in specified circumstances; (b) the exemption of any ship or class, type or description of ships from the payment of any fee or charge; and (c) for any such exemption to be granted by the Director or the Registrar.

(4) Fees or charges payable pursuant to regulations made under subsection (1) may be recovered from the owner or demise charterer in the District Court as a civil debt, notwithstanding that the amount is in excess of the sum mentioned in section 33 of the District Court Ordinance (Cap. 336).

91. References to ship registered in Hong Kong A reference in any Ordinance to a ship registered in Hong Kong shall be construed as a reference to a ship registered or provisionally registered under this Ordinance.

92. Amendment of Schedules The Governor may by order published in the Gazette amend any Schedule to this Ordinance.

93. Time limit for criminal proceedings An information or complaint relating to an offence under this Ordinance or any regulations made under this Ordinance shall be laid or made within 2 years from the commission of the offence.

PART XI TRANSITIONAL SHIPS 94. Interpretation of Part XI In this Part, "Act" means the Merchant Shipping Act 1894 (1894 c. 60 U.

K.) as applied in or extended to Hong Kong immediately before the commencement date.

95. Ships registered under the Act (1) Every ship that was, immediately before the commencement date, registered in Hong Kong under the Act, shall be deemed on and from that date to be registered under this Ordinance.

(2) Any entry or record that, immediately before the commencement date, appeared in a register book kept in Hong Kong under the Act in relation to a ship referred to in subsection (1) shall be deemed to be an entry or record in the register kept under section 7 in relation to that ship and to have been made on the date on which, and at the time when, it was made under the Act.

(3) Any- (a) mortgage or other instrument relating to a ship referred to in subsection (1) made in accordance with the Act and in force immediately before the commencement date; and (b) endorsement, memorandum or other note made in accordance with the Act on any such mortgage or other instrument and in force immediately before the commencement date, has effect on and after that date as if it had been made in accordance with the corresponding provision (if any) of this Ordinance.

96. Ships not yet registered under the Act (1) Where in relation to a ship- (a) an application for registration of the ship in Hong Kong under the Act was made before the commencement date and, immediately before that date, was not yet determined; and (b) the requirements of the Act preliminary to such registration have been complied with, then- (i) the application shall be deemed to be an application for registration of the ship under this Ordinance; (ii) the ship shall be deemed to be registrable; and (iii) the requirements of this Ordinance preliminary to registration shall be deemed to have been complied with.

(2) Nothing in subsection (1) shall affect any liability to pay any fee or charge pursuant to regulations made under section 90.

97. Entry of particulars in respect of transitional ships (1) The Registrar shall enter in the register the following particulars relating to a ship deemed to be registered under section 95 (1) - (a) the name of the ship; (b) such of the details of the ship recorded in the register book kept under the Act as the Registrar considers essential for the purposes of registration; (c) the particulars of the ship's origin as recorded in the register book kept under the Act; and (d) the name, address and description of each owner and a statement of the number of shares in the ship owned by each.

(2) The Registrar shall enter in the register the following particulars relating to a ship referred to in section 96- (a) the name of the ship; (b) such of the details specified in the surveyor's certificate granted under the Act as the Registrar considers essential for the purposes of registration; (c) the particulars of the ship's origin as stated in the declaration of ownership made under the Act; and (d) the name, address and description of each owner and a statement of the number of shares in the ship owned by each.

98. Certificate of registry for transitional ships (1) Upon the entry in the register of particulars of a ship under section 97, the Registrar shall grant a certificate of registry, in the specified form, containing those particulars.

(2) Until such time as a certificate of registry is granted under this section in respect of a ship referred to in section 95 (1), the certificate of registry granted under the Act in respect of the ship shall for the purposes of this Ordinance and the Merchant Shipping Ordinance (Cap. 281) be treated as a certificate of registry granted under this section.

99. Retention of documents for transitional ships Upon the entry in the register of particulars of a ship under section 97, the Registrar shall retain in his possession in respect of the ship- (a) the surveyor's certificate granted under the Act; (b) the builder's certificate, bill of sale in favour of the owner or court order vesting title to the ship in the owner, as the case may be; (c) the copy of the condemnation (if any); and (d) all declarations of ownership made under the Act.

100. Return of certificates issued under the Act (1) Upon the grant of a certificate of registry under section 98 in respect of a ship referred to in section 95 (1), the owner or master of the ship shall deliver the certificate of registry granted under the Act in respect of the ship, or cause such certificate to be delivered, to the Registrar- (a) forthwith if the ship is in Hong Kong; or (b) if the ship is not in Hong Kong, as soon as practicable and in any case within a period of 30 days after the grant of the certificate of registry under section 98.

(2) An owner or master who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

101. Transitional ship ceasing to be registrable A ship registered or deemed to be registered under this Part ceases to be registrable if- (a) the ship or any share in the ship is transferred or transmitted; (b) the ship is taken in war or hostilities, as a result of which the owner has lost control over the operation of the ship; (c) the ship is broken up, or is an actual or constructive total loss such that it is no longer capable of being used in navigation; or (d) the ship subsequently becomes registered in a place outside Hong Kong.

102. Application of Ordinance to transitional ships (1) In addition to the provisions of this Part, the provisions of this Ordinance specified in column 2 of Schedule 4 shall apply, to the extent and in the manner provided in column 3 of that Schedule, to ships registered or deemed to be registered under this Part.

(2) Except as provided by subsection (1) this Ordinance shall not apply to ships registered or deemed to be registered under this Part.

PART XII CONSEQUENTIAL AND SAVINGS PROVISIONS 103. Application of Merchant Shipping Acts (1) The provisions of the Merchant Shipping Acts as applied in or extended to Hong Kong immediately before the commencement date (not being provisions repealed, in so far as they are part of the law of Hong Kong, by this Ordinance) shall apply to and in relation to ships registered or provisionally registered under this Ordinance as they applied, immediately before the commencement date, to ships registered in Hong Kong under the Merchant Shipping Acts.

(2) In subsection (1), "Merchant Shipping Acts" means the Merchant Shipping Acts 1894 to 1979 of the United Kingdom and any regulations made thereunder.

104. Savings, amendments and repeals (1) The Merchant Shipping (Tonnage) Regulations (App. I, p. AB 1 [1] (amended in the provisions set out in column 2 of Part 1 of Schedule 5, to the extent set out in column 3 of that Part- (a) shall, notwithstanding the repeals under subsection (3), continue in operation; and (b) shall be deemed for all purposes to have been made by the Governor in Council under section 13.

(2) A Certificate of British Tonnage Measurement or British Tonnage Certificate issued under the Merchant Shipping (Tonnage) Regulations (App.

I, p. AB 1 [2]) and in force immediately prior to the commencement date shall continue in force and have effect as if it were a Certificate of Hong Kong Tonnage Measurement or Hong Kong Tonnage Certificate (as the case may be) issued under those regulations as amended by subsection (1).

(3) (Omitted) (4) The enactments specified in Part 3 of Schedule 5 are repealed.

(5) Section 23 of the Interpretation and General Clauses Ordinance (Cap.

1) shall apply in relation to the repeal of a provision of an United Kingdom enactment effected by this section as it applies in relation to the repeal of a provision of an Ordinance.

SCHEDULE 1 [ss. 37 & 92] PROPER COLOURS OF A REGISTERED SHIP The red ensign flown directly above the blue ensign with Hong Kong armorial bearings.

SCHEDULE 2 [ss. 64, 88 & 92] SPECIFIED ORDINANCES Dangerous Goods Ordinance (Cap. 295) Merchant Shipping Ordinance (Cap. 281) Merchant Shipping (Recruiting of Seamen) Ordinance (Cap. 135) Merchant Shipping (Safety) Ordinance (Cap. 369) Shipping and Port Control Ordinance (Cap. 313) SCHEDULE 3 [ss. 80 & 92] APPLICATION OF ORDINANCE TO GOVERNMENT SHIPS ------------------- Part Section Extent and manner of application ------------------- I 1 to 3 the whole II 4 to 6 the whole III 7 to 10 the whole IV 13 to 18, 26, 33 to 35, the whole 37 V 41 the whole VI 43 to 53 the whole VII 57 to 59 the whole 60 in so far as the section relates to section 57 (1) 61 in so far as the section relates to a failure to comply with section 57 (1) or 58 (1) 65 to 67 the whole X 81, 82 the whole 83 the whole, other than subsections (1) (c) and (e) and (3) 84 the whole 85 subsection (1) only 86, 87 the whole 88 the whole, other than subsection (2) 91 to 93 the whole 103, 104 the whole Schedules 1, 2 and 5 the whole ------------------- SCHEDULE 4 [ss. 92. &102] APPLICATION OF ORDINANCE TO TRANSITIONAL SHIPS ------------------- Part Section Extent and manner of application ------------------- I 1 to 3 the whole II 4 to 6 the whole III 7 to 10 the whole IV 17 the whole 18 subsections (3), (4), (5), (6) and (7), and for the purposes of such application markings on the ship at the time of its registration or deemed registration under Part XI shall be deemed to be markings required to be maintained under the section 22 subsections (3), (4) and (5) for the purposes of the application of section 64 (3) 26, 33 to 35 the whole 37 the whole, other than subsection (4) VI 43 to 53 the whole VII 59 the whole 60 in so far as the section relates to section 57 (1) 61 in so far as the section relates to a failure to comply with section 57 (1) or a contravention of section 86 62, 64 of 67 the whole X 83 the whole, other than subsections (1) (b), (c), (d) and (e), and (3) 84 the whole 85 subsection (1) only 86, 87 the whole 88 the whole, other than subsection (2) 89 to 93 the whole 103, 104 the whole ------------------- - Schedules 1, and 5 the whole [ss. 92 & 104] SCHEDULE 5 AMENDMENTS AND REPEALS PART 1-2 (Omitted) PART 1 AND 2 (omitted) PART 3 ENACTMENTS REPEALED 1. Part I of the Merchant Shipping Act 1894 (1894 c. 60 U. K.) in so far as it is part of the law of Hong Kong except of sections 73 and 74 in so far as they relate to ships or boats other than registered or provisionally registered ships.

2-4. (Omitted) ied form, containing the particulars relating to the ship entered in the register pursuant to section 23.

25. Retention of documents Upon the registration of a ship, the Registrar shall retain in his possession the following documents in respect of the ship- (a) the application for registration; (b) the certificate of survey; (c) the certificate or declaration of marking of the ship; (d) the declarations made under section 20 (1) or (2), as the case may be; (e) the builder's certificate, bill of sale in favour of the owner or court order vesting title to the ship in the owner, as the case may be; (f) any foreign certificate of deletion delivered to the Registrar whether pursuant to section 58 or otherwise; (g) the copy of the condemnation (if any); and (h) such other documents as are specified in instructions or as the Registrar may reasonably require.

26. Port of registry The port of registry of every registered ship shall be Hong Kong.

Provisional registration 27. Application for provisional registration (1) An application for provisional registration of a ship- (a) shall be made in the specified form by the person or persons applying to be provisionally registered as owner and (as the case may be) by the demise charterer, in the manner provided in respect of an application for registration under section 19; (b) shall include the declarations and consents referred to in that section; and (c) shall be accompanied by declarations made under section 20 (1) or (2), as the case may be.

(2) The following evidence shall be produced to the Registrar in addition to the application and the documents referred to in subsection (1)- (a) the documents and information specified in section 21 (1) (a) (i), (ii) and (iv), (b) and (c), or (3) (a) (i), (ii) and (iv), (b), (c) and (d), as the case may be; (b) a duly certified copy of the ship's current tonnage certificate; and (c) such other documents or information as may be specified in instructions or as the Registrar may reasonably require.

(3) In subsection (2) "current tonnage certificate" means a certificate or other document issued by the relevant authority of a place outside Hong Kong where the ship was previously registered- (a) certifying or stating, as the case may be, the tonnage measurement of the ship; and (b) in force at the time of its production.

(4) Notwithstanding anything in subsection (2) (a), that provision shall, in so far as it requires the production of a valid identity card issued in respect of any person, be deemed to be complied with if there is produced to the Registrar- (a) a photostatic copy of the identity card; and (b) a declaration by the person in respect of whom the identity card was issued that it is a true copy of such identity card and that the identity card is valid.

(5) An application under subsection (1) shall be further accompanied by a statement by the applicant of the port in which and the approximate time at which the ship will be surveyed for the purposes of registration under section 23.

28. Entry of particulars in the register on provisional registration (1) Subject to subsection (2), where the requirements of this Ordinance preliminary to provisional registration have been complied with in relation to a ship the Registrar shall enter in the register the following particulars relating to the ship- (a) the particulars referred to in section 23 (a), (c), (d), (e) and (f); (b) such of the details specified in the ship's current tonnage certificate referred to in section 27 (2) as the Registrar considers essential for the purposes of registration; and (c) the date of expiry of the period of provisional registration referred to in section 29 (1) (b).

(2) The Registrar shall not enter in the register particulars relating to a ship under subsection (1) unless an application for registration of the ship has been made under section 19 and the application has at the time of entering such particulars yet to be determined.

29. Period of provisional registration (1) Without prejudice to the provisions of sections 54 to 63, the provisional registration of a ship shall be deemed to be closed upon- (a) the registration of the ship under section 23; or (b) the expiry of a period of 3 months commencing on the date of provisional registration, whichever first occurs.

(2) The Registrar may, upon application made by the owner or demise charterer of a ship while the ship is provisionally registered, extend the period of provisional registration referred to in subsection (1) (b) by one or more further periods of 3 months but he shall not extend the period- (a) by more than 3 months on any one application; or (b) in any case, unless there are special circumstances which justify the extension.

(3) Where the Registrar extends the period of provisional registration of a ship under subsection (2)- (a) he shall make an entry in the register accordingly; and (b) subsection (1) shall for the purposes of this section have effect in relation to the ship as if the reference to the period of 3 months in that subsection were a reference to the period as extended under subsection (2).

(4) Where the provisional registration of a ship is deemed to be closed under subsection (1), section 67 shall apply as respects any undischarged registered mortgage of the ship.

30. Certificate of provisional registration (1) Upon the provisional registration of a ship under section 28, the Registrar shall grant a certificate of provisional registry, in the specified form, containing- (a) the particulars relating to the ship entered in the register pursuant to that section; and (b) the date of expiry of the period of provisional registration referred to in section 29 (1).

(2) A certificate of provisional registry in respect of a ship shall remain in force until- (a) the grant of a certificate of registry in respect of the ship under section 24; or (b) the expiry of the period of provisional registration referred to in section 29 (1), whichever first occurs.

(3) Where the period of provisional registration referred to in section 29 (1) is extended under section 29 (2), the Registrar shall grant a further certificate of provisional registry in respect of the extended period.

(4) Upon the grant of a certificate of registry or further certificate of provisional registry in respect of a ship, the owner, demise charterer or master of the ship shall deliver the ship's certificate of provisional registry or previous certificate of provisional registry, as the case may be, or cause such certificate to be delivered, to the Registrar- (a) forthwith, if the ship is in Hong Kong; or (b) if the ship is not in Hong Kong, as soon as practicable and in any case within a period of 30 days after the grant of the certificate of registry or further certificate of provisional registry, as the case may be.

(5) An owner, demise charterer or master who, without reasonable excuse, fails to comply with subsection (4) commits an offence and is liable to a fine of $5,000.

(6) Nothing in subsection (4) shall derogate from or affect the application of section 66 to a certificate of provisional registry.

31. Retention of documents on provisional registration Upon the provisional registration of a ship under section 28, the Registrar shall retain in his possession the following documents in respect of the ship- (a) the application for provisional registration; (b) the certified copy of the current tonnage certificate; (c) the certificate or declaration of marking of the ship; (d) the declarations made under section 20 (1) or (2), as the case may be; (e) the builder's certificate, bill of sale in favour of the owner or court order vesting title to the ship in the owner, as the case may be; (f) any foreign certificate of deletion delivered to the Registrar whether pursuant to section 58 or otherwise; (g) the copy of the condemnation (if any); and (h) such other documents as are specified in instructions or as the Registrar may reasonably require.

32. Application of Ordinance in relation to ships provisionally registered Except as otherwise provided expressly or by necessary implication the provisions of this Ordinance apply to and in relation to provisional registration and ships provisionally registered as they apply to and in relation to registration and to registered ships.

Use, etc. of certificates and flags 33. Custody of certificate (1) No person having possession or control of a certificate of registry of a ship shall- (a) detain such a certificate by reason of a claim by an owner, mortgagee, charterer or other person to any title to, lien or charge on, or interest in, the ship; or (b) fail, without reasonable excuse, to deliver the certificate on request to the person entitled to custody of it for the purpose of the lawful navigation of the ship, or to the Registrar or any other person entitled by law to require its delivery.

(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.

(3) If, in any proceedings in respect of an offence against this section in relation to a certificate of registry the court or a magistrate is of the opinion that the certificate is, or should be treated as, lost, the court or magistrate shall make an order to that effect and cause a copy of the order to be served on the Registrar.

34. Use of improper certificate (1) The master, owner or demise charterer of a ship shall not use, or permit the use of, for the purpose of the navigation of the ship, a certificate of registry not legally granted and in force in respect of the ship.

(2) Where subsection (1) is contravened, the master and the owner or demise charterer commit an offence and each is liable to a fine of $50,000 and to imprisonment for 1 year.

35. Replacement of lost, etc. certificate Where a certificate of registry of a ship is mislaid, lost or destroyed, the Registrar shall upon application and upon receipt of a declaration by the master, owner, demise charterer, representative person or other person authorized by the owner or demise charterer, stating, to the best of the declarant's knowledge and belief, the facts of the case, grant a new certificate of registry in substitution for the original certificate.

36. Application of preceding sections to certificate of provisional registry Sections 33, 34 and 35 shall apply in relation to a certificate of provisional registry as they apply in relation to a certificate of registry.

37. Proper colours (1) The proper colours of a registered ship shall be the flags specified in Schedule 1 flown in the manner specified in that Schedule.

(2) A registered ship may at any time, and shall on entering and leaving any port, fly the proper colours.

(3) No registered ship shall fly any colours purporting to be or closely resembling the proper colours which are not the proper colours.

(4) A ship, not being a registered ship, shall not- (a) except with the permission of the Director, fly the proper colours of a registered ship; or (b) fly any colours which purport to be or closely resemble the proper colours.

(5) Where subsection (2), (3) or (4) is contravened the master of the ship concerned commits an offence and is liable- (a) in the case of a contravention of subsection (2), to a fine of $5,000; and (b) in the case of a contravention of subsection (3) or (4), to a fine of $10,000.

(6) Any officer of the Marine Department authorized by the Director for the purpose may- (a) board any ship upon which any colours are flown in contravention of this section; and (b) seize, take away and dispose of any such colours.

(7) Any person who hinders or obstructs an officer in the exercise of his powers under subsection (6) commits an offence and is liable to a fine of $10,000.

PART V TRANSFERS AND TRANSMISSIONS 38. Application and interpretation of Part V (1) This Part shall not apply to a ship which is registered by virtue of section 11 (1) (b).

(2) In this Part, unless the context otherwise requires, a reference to a ship includes a reference to a share in or part of a ship.

39. Transfer of ships (1) For the purposes of registration under this Ordinance, the transfer of a registered ship shall be effected by a bill of sale.

(2) The bill of sale shall- (a) contain such of the description of the ship contained in the certificate of survey as is sufficient to identify the ship to the satisfaction of the Registrar; and (b) be executed by the transferor in the presence of, and be attested by, one or more witnesses.

40. Declaration of transfer (1) Subject to this section, where a registered ship is transferred in accordance with section 39 or 79, the transferee shall not be entitled to be registered as an owner of the ship until he, or in the case of a body corporate the person authorized under section 84 to make declarations on behalf of the body corporate, has made and signed a declaration of transfer in the specified form referring to the ship and containing- (a) a statement of the qualification of the transferee to own a ship registered in Hong Kong, or if the transferee is a body corporate, of such circumstances of the constitution thereof as prove it to be a qualified person; and (b) a statement that, to the best of his knowledge and belief, a majority interest in the ship will upon transfer be owned by one or more qualified persons.

(2) In the application of this section to a ship which is not wholly owned by qualified persons, subsection (1) (a) shall have effect only in relation to qualified persons.

(3) Subsection (1) shall not apply where the Government is the transferee.

41. Registration of transfer (1) Upon lodgment of the bill of sale and the declaration of transfer (if required), the Registrar shall enter in the register the name of the transferee as owner of the ship, and shall endorse on the bill of sale- (a) the fact of that entry having been made; and (b) the day and hour of making the entry.

(2) Bills of sale shall be entered in the register in the order of their lodgment.

42. Transmission of ship by operation of law (1) Where the property in a ship is transmitted to any person by any lawful means other than a transfer under section 39 or 79, and a majority interest in the ship remains in the ownership of one or more qualified persons, the person or persons to whom the ship is transmitted shall make and sign a declaration of transmission in the specified form containing- (a) such of the description of the ship contained in the certificate of survey as is sufficient to identify the ship to the satisfaction of the Registrar; (b) the statements referred to in section 40 (1) (a) and (b); and (c) a statement of the manner in which and the person or persons to whom the property has been transmitted.

(2) The declaration of transmission shall be accompanied by such evidence of the transmission as may be specified in instructions or as the Registrar may reasonably require.

(3) Upon lodgment of the declaration of transmission and the evidence required under subsection (2), the Registrar shall enter in the register the name of the person or persons entitled under the transmission as owner of the ship the property in which has been transmitted.

(4) Where there is more than one such person referred to in subsection (3), all such persons shall be considered as joint owners of the whole of the property transmitted.

PART VI MORTGAGES 43. Definitions in Part VI (1) In this Part, unless the context otherwise requires- "mortgage" means a mortgage registered under this Part; "mortgagee" means the person whose name appears in the register as the holder of a mortgage; "obligation" includes any present or future obligation; "ship" includes everything on board a ship belonging to the owner.

(2) In this Part, unless the context otherwise requires, a reference to a ship includes a reference to a share in or part of a ship.

44. Mortgage of ship (1) A registered ship may be made security for any obligation by way of a mortgage under this Ordinance.

(2) The instrument creating such a mortgage shall- (a) be in the specified form; (b) set out among other things- (i) the name and address of each mortgagor; (ii) the name and address (or, in the case of a body corporate, place of incorporation) of each mortgagee; and (c) be duly executed by or on behalf of each mortgagor in the specified manner.

(3) Upon lodgment of a mortgage instrument and any consents required pursuant to section 45 (2), the Registrar shall enter in the register particulars of the mortgage and shall endorse on the mortgage instrument the date and time of registration.

(4) Mortgage instruments shall be registered in the order of their lodgment.

45. Priority of mortgages, etc.

(1) Where 2 or more mortgages are registered in respect of the same ship, priority among the mortgagees shall be in accordance with the order of registration of the mortgages, irrespective of the date upon which they were made or executed, and notwithstanding any express, implied or constructive notice.

(2) No mortgage instrument shall be registered except with the prior written consent of all the holders of mortgages then registered against the ship concerned.

(3) The priority accorded to a mortgage pursuant to subsection (1) shall, unless the holders of all registered mortgages having priority subsequent to such mortgage otherwise agree in writing, extend only to those obligations expressed to be secured by the mortgage instrument or any instrument referred to in the mortgage instrument.

46. Mortgagee not treated as owner A mortgage of a registered ship does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the ship except to the extent necessary to make the ship available as a security under the mortgage.

47. Mortgagee to have power of disposal (1) A mortgagee of a registered ship shall have power absolutely to dispose of the ship and to give effectual receipts in respect of the disposal, but where there are 2 or more mortgages of the same ship, a subsequent mortgagee shall not, except under the order of a court, dispose of the ship without the consent of every prior mortgagee.

(2) A mortgagee of a registered ship who intends to dispose of the ship shall not dispose of the ship unless he has first given notice in writing to the Registrar of his intention so to dispose of the ship.

(3) Where the Registrar is notified by a mortgagee of the intention of that mortgagee to dispose of a ship, the Registrar shall forthwith inform each subsequent mortgagee of that ship accordingly.

(4) The disposal of a ship is not invalidated because of any failure to comply with a requirement of subsection (2) in relation to the disposal.

48. Transfer of mortgage (1) A mortgage of a registered ship may be transferred to any person by an instrument of transfer which shall- (a) be in the specified form; (b) set out the name and address (or, in the case of a body corporate, place of incorporation) of the transferee; and (c) be duly executed by or on behalf of each mortgagee in the specified manner.

(2) Upon lodgment of the instrument of transfer the Registrar shall enter in the register the name of the transferee as the mortgagee of the ship concerned and shall endorse on the instrument of transfer the date and time of such registration.

49. Transmission of mortgage by operation of law (1) Where the interest of a mortgagee in a mortgage of a registered ship is transmitted to another person by any lawful means other than a transfer under section 48, that person shall make and sign a declaration of transmission, in writing, which shall set out- (a) the name and official number of the ship; (b) the name and address of each person from whom the interest is transmitted; and (c) the name and address (or, in the case of a body corporate, place of incorporation) of the person to whom the interest is transmitted.

(2) The declaration of transmission shall be accompanied by such evidence of the transmission as may be specified in instructions.

(3) Upon lodgment of the declaration and the evidence required under subsection (2), the Registrar shall enter in the register the name of the person to whom the interest is transmitted as the mortgagee of the ship.

50. Discharge of mortgage (1) Where a mortgage is discharged, the mortgage instrument with a memorandum of discharge in the specified form endorsed thereon or firmly affixed thereto, duly executed by each mortgagee shall be lodged by the mortgagor or mortgagee with the Registrar.

(2) The Registrar shall, upon the lodgment by the mortgagor or mortgagee of the mortgage instrument and memorandum of discharge, make an entry in the register to the effect that the mortgage has been discharged and, on that entry being made, any interest of the mortgagee under the mortgage vests in the mortgagor.

(3) Where the mortgage instrument cannot, for any reason, be lodged with the Registrar, there shall be lodged by the mortgagor or mortgagee with the Registrar, in substitution for the mortgage instrument and memorandum of discharge, a declaration by the mortgagee that the mortgage has been discharged and setting out- (a) the name and official number of the ship; (b) the name and address of each mortgagor; (c) the name and address of each mortgagee; (d) the date of the mortgage; and (e) the date and time of entry of particulars of the mortgage in the register.

(4) In this section, "mortgagor", in relation to a ship, includes any person in whom, having regard to any intervening acts and circumstances, the interest of the mortgagee would have been vested if the mortgage had not been made.

51. Power of disposal by owner The owner of a registered ship has power, subject to this Ordinance and to any rights and powers appearing in the register to be vested in any other person, absolutely to dispose of the ship and to give effectual receipts in respect of the disposal.

52. Trusts not recognized Notice of a trust, express, implied or constructive, shall not be entered in the register or be receivable by the Registrar.

53. Equities not excluded (1) Subject to sections 47, 51 and 52, beneficial interests may be enforced by or against the owner or mortgagee of a ship in respect of his interest in the ship in the same manner as in respect of any other personal property.

(2) In subsection (1) "beneficial interests" includes interests arising under contract and other equitable interests.

PART VII CLOSURE OF REGISTRATION Duties of owners, etc. in relation to registrability of ships 54. Notice of change of address, etc. of owner (1) An owner of a registered ship who has made a declaration under section 20, 27, 40 or 42 that he is ordinarily resident in Hong Kong shall in the event of- (a) any change in his address; or (b) any change in his residential status by reason of which he is no longer ordinarily resident in Hong Kong, notify the Registrar, in writing, of that event within 30 days after the occurrence thereof.

(2) An owner who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

(3) The Registrar shall enter in the register any change of address of an owner pursuant to a notice given under subsection (1) (a).

55. Notice of dissolution, etc. of body corporate owner or charterer (1) Where- (a) a body corporate is the owner or demise charterer of a registered ship; and (b) a declaration was made under section 20, 27, 40 or 42 in respect of the body corporate that it- (i) is incorporated in Hong Kong; or (ii) is an oversea company registered under Part XI of the Companies Ordinance (Cap. 32), the representative person appointed in relation to the ship shall, in the event of the body corporate ceasing to be incorporated in Hong Kong or to be registered under Part XI of the Companies Ordinance (Cap. 32), as the case may be, notify the Registrar, in writing, of that event within 30 days after the occurrence thereof.

(2) A representative person who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

56. Notice of termination of demise charter (1) The demise charterer of a ship registered by virtue of section 11 (1) (b) shall notify the Registrar, in writing, of the actual date of termination of the demise charter as soon as practicable and in any case within 7 days after that date.

(2) In subsection (1) "the actual date of termination of the demise charter" means the date on which the ship is redelivered by the demise charterer to the owner under the demise charter, or such other date as may be agreed by the demise charterer and owner, or as may be determined in legal proceedings, to be the actual date of termination of the demise charter.

(3) A demise charterer who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

57. Notice of loss, transfer, etc. of ship (1) In the event that a registered ship- (a) is taken in war or hostilities, as a result of which the owner or demise charterer has lost control over the operation of the ship; (b) is broken up, or is an actual or constructive total loss such that it is no longer capable of being used in navigation; or (c) ceases to be registrable, whether by reason of a transfer of the ship or of a share in or part of the ship to a person other than a qualified person, or otherwise, the owner or demise charterer of the ship shall forthwith upon obtaining knowledge of the event, if no notice has already been given to the Registrar, give notice of the event to the Registrar.

(2) An owner or demise charterer who, without reasonable excuse, fails to comply with subsection (1), commits an offence and is liable to a fine of $5,000.

58. Delivery of foreign certificate of deletion (1) Subject to subsection (2), the owner or demise charterer of a ship that becomes registered in Hong Kong shall, within 30 days after the date of the ship's registration, deliver to the Registrar a foreign certificate of deletion in respect of the place outside Hong Kong where the ship was last registered (if any) or, if the ship was last registered concurrently in more than one such place, in respect of each such place.

(2) Subsection (1) shall not apply where the certificate or certificates referred to in that subsection are delivered to the Registrar prior to the time of registration of the ship.

Closure of registration 59. Owner seeking closure of registration (1) Where the owner of a registered ship wishes the ship's registration to be closed he shall- (a) obtain the consent of each registered mortgagee (if any) to the closure of the ship's registration- (i) in writing and in the specified form; and (ii) duly verified in the specified manner; and (b) give notice in writing to the Registrar and to the demise charterer (if any) that he wishes the ship's registration to be closed.

(2) A notice to the Registrar under subsection (1) (b) shall be accompanied by the consent (if any) referred to in subsection (1) (a).

(3) Where the owner complies with subsections (1) and (2) in relation to a ship, the Registrar shall record the giving of notice and obtaining of consent (if any) in the register and the ship's registration shall thereupon be closed.

60. Closure on receipt of notice concerning registrability Where- (a) the Registrar receives, in relation to a registered ship, a notice in accordance with section 54 (1) (b), 55 (1) 56 (1) or 57 (1); and (b) in his opinion, the ship has ceased to be registrable, he shall record the giving of that notice in the register and the ship's registration shall thereupon be closed.

61. Closure on failure to comply with requirements of Ordinance (1) The Registrar may, where it appears to him in relation to a registered ship that- (a) the owner of the ship has failed to comply with section 54 (1) (b), 57 (1) or 58 (1); (b) the representative person has failed to comply with section 55 (1); (c) the demise charterer of the ship has failed to comply with section 56 (1), 57 (1) or 58 (1); or (d) a person has contravened section 86, serve on the owner, demise charterer or representative person, and on each mortgagee (if any) of the ship, a notice stating- (i) that it appears to the Registrar that there has been a failure to comply with or a contravention of the relevant section specified in this subsection by the owner, representative person, demise charterer or other person, as the case may be; and (ii) that he intends, after the end of the period of 30 days beginning with the date of service of the notice, to close the ship's registration unless he is satisfied that it would be inappropriate to do so by any representations made to him by or on behalf of the owner or demise charterer within the period.

(2) As soon as practicable after the end of the period referred to in subsection (1) (ii) the Registrar shall close the ship's registration unless he is satisfied that it would be inappropriate to do so by any representations made pursuant to that subsection.

(3) The Registrar may exercise the power to close a ship's registration vested in him by subsection (2) whether or not- (a) legal proceedings are brought against any person in respect of any failure to comply or contravention specified in subsection (1); or (b) the ship ceases to be registrable.

62. Closure on failure to pay fees or charges (1) The Registrar may, where it appears to him that any fee or charge (or any part thereof) relating to a registered ship and imposed under this Ordinance remains due and unpaid, serve on the owner, demise charterer or representative person, and on each mortgagee (if any) of the ship, a notice specifying the fee or charge which remains due and unpaid and stating that he intends, after the end of the period of 30 days beginning with the date of service of the notice, to close the ship's registration unless- (a) the specified fee or charge is paid within that period; or (b) he is satisfied by any representations made to him by or on behalf of the owner or demise charterer within the period that it would be inappropriate to close the ship's registration.

(2) As soon as practicable after the end of the period referred to in subsection (1), the Registrar shall close the ship's registration unless- (a) the specified fee or charge is paid within that period; or (b) he is satisfied by any representations made pursuant to that subsection that it would be inappropriate to close the ship's registration (3) The Registrar may exercise the power to close the ship's registration vested in him by subsection (2) whether or not legal proceedings are brought against any person for recovery of the fee or charge.

63. Closure on failure of representative person to act, etc.

(1) Where in relation to a registered ship- (a) the Director is satisfied that the representative person appointed in relation to the ship (being the owner of the ship) has failed to comply with section 71 (1) or with any other obligation imposed on him by this Ordinance; or (b) it appears to the Director that the owner or demise charterer has failed to comply with section 68 (1) (b) or (3) or with a notice served on the owner or demise charterer under section 72 (1) within the time specified in that section, then, whether or not- (i) legal proceedings are brought against the owner, demise charterer or representative person in respect of any such failure to comply; or (ii) the ship ceases to be registrable, the Director may direct the Registrar to close the registration of the ship.

(2) Upon receipt of a direction under subsection (1) the Registrar shall record the giving of the direction in the register and the ship's registration shall thereupon be closed.

64. Closure by direction generally (1) Without prejudice to sections 60, 61 and 63, if for any reason it appears to the Registrar that a registered ship may have ceased to be registrable, he may by notice served on the owner, demise charterer or representative person require that person to furnish him with such information as he thinks necessary for the purpose of determining whether the ship is registrable.

(2) Where the Registrar has served a notice under subsection (1) with respect to a ship, then, unless he has become satisfied that the ship is registrable, he shall, as soon as practicable after the end of the period of 30 days beginning with the date of service of that notice, serve a notice under subsection (4) on- (a) the owner, demise charterer or representative person appointed in relation to the ship; and (b) each mortgagee (if any) of the ship.

(3) Where the Director is satisfied in relation to a registered ship- (a) that, having regard to the matters mentioned in section 22 (3) (a) or (b) or (4), it would be inappropriate for the ship to continue to be registered; (b) that any penalty imposed on the owner or demise charterer of the ship in respect of a contravention of or failure to comply with any provision of this Ordinance or any Ordinance specified in Schedule 2 has remained unpaid for a period of more than 3 months and no appeal against the penalty is pending; or (c) that any summons for any such contravention or failure to comply has been duly served on the owner, demise charterer or representative person of the ship but the owner or demise charterer failed to appear at the time and place appointed for the trial of the information or complaint in question and a period of not less than 3 months has elapsed since that time, the Director shall serve a notice under subsection (4) on- (i) the owner, demise charterer or representative person; and (ii) each mortgagee (if any) of the ship.

(4) A notice under this subsection is a notice stating- (a) that the Director is not satisfied that the ship in question is registrable or (as the case may be) that he is satisfied as to the matters specified in subsection (3) (a), (b) or (c), as the case may be; and (b) that he intends, after the end of the period of 90 days beginning with the date of service of the notice, to direct that the ship's registration be closed unless he is satisfied that it would be inappropriate to do so by any representations made to him by or on behalf of the owner or demise charterer within the period.

(5) As soon as practicable after the end of the period referred to in subsection (4), the Director shall direct the Registrar to close the ship's registration unless he is satisfied that it would be inappropriate to do so by any representations made pursuant to that subsection.

(6) Upon receipt of a direction under subsection (5), the Registrar shall record the giving of the direction in the register and the ship's registration shall thereupon be closed.

65. Issue of certificate of deletion Where the registration of a ship is, or is deemed to be, closed under this Ordinance, the Registrar shall issue to the owner a certificate of deletion in the specified form certifying that the ship's registration is closed and the date of such closure.

66. Delivery of certificate of registry on closure (1) Upon the issue of a certificate of deletion in respect of a ship, the owner or master of the ship shall deliver the ship's certificate of registry or certificate of provisional registry, as the case may be, or cause the certificate to be delivered, to the Registrar- (a) forthwith, if the ship is in Hong Kong; or (b) if the ship is not in Hong Kong, as soon as practicable and in any case within a period of 30 days after the date of issue of the certificate of deletion.

(2) An owner or master who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

67. Register entries relating to mortgages (1) Where the registration of a ship is closed under this Part, the closure shall not affect any existing entry in the register so far as the entry relates to any undischarged registered mortgage of that ship or of any share in it.

(2) In subsection (1) "existing entry in the register", in relation to a ship, means an entry existing in the register at the time of closure of the ship's registration.

PART VIII REPRESENTATIVE PERSONS 68. Representative person (1) For the purposes of section 11 the owner or demise charterer of a ship shall- (a) appoint a person satisfying the requirements specified in subsection (2) to be the representative person in relation to the ship; and (b) ensure that, so long as the ship remains registered, a person satisfying those requirements is appointed.

(2) The representative person shall be- (a) a qualified person and the owner or part owner of the ship; or (b) a body corporate incorporated in Hong Kong which is engaged in the business of managing, or acting as agent for, ships.

(3) The owner or demise charterer of a ship in relation to which any representative person is for the time being appointed shall, in the event of any change in the identity, or in the address, of the representative person, notify the Registrar of the name and address of the new representative person, or (as the case may be) of the new address, within a period of 30 days after the change occurs.

(4) The Registrar shall enter in the register particulars notified to him under subsection (3).

(5) An owner or demise charterer who fails to comply with subsection (1) (b) or (3) commits an offence and is liable to a fine of $5,000.

69. Notice of change of business by representative person (1) A representative person appointed in relation to a ship (not being the owner of the ship) shall, in the event that he ceases to engage in the business of managing, or acting as agent for, ships, give notice in writing of that event to the Registrar and the owner or demise charterer within 30 days after the occurrence thereof.

(2) A representative person who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

70. Notice of intention to cease acting (1) A representative person appointed in relation to a ship (not being the owner of the ship) who intends to cease acting as the representative person shall- (a) give notice in writing of his intention to the owner or demise charterer of the ship; and (b) deposit with the Registrar a declaration that he has given such notice.

(2) A notice given under subsection (1) shall have effect in accordance with section 71.

71. Duties, etc. of representative person (1) The representative person appointed in relation to a ship shall represent the owner and demise charterer of a ship in respect of all matters concerning the ship's operation as a registered ship and in particular, but without limiting the generality of the foregoing, shall, on behalf of the owner and demise charterer- (a) accept service of all documents in respect of legal proceedings against the owner or demise charterer of the ship, which may be served on the representative person pursuant to section 88 (2); (b) where the Director or the Registrar by notice served on the owner, demise charterer or representative person requires the owner or demise charterer to take any action or give any information concerning the ship or the operation of the ship as a registered ship, take such action or give such information within the time specified in the notice or, if no such time is specified, within a reasonable time.

(2) The duties prescribed by subsection (1) shall be in addition to and shall not derogate from any other duties prescribed in relation to a representative person by or under this Ordinance.

(3) Where a representative person is appointed in relation to a ship, subsections (1) and (2) shall apply to that person until- (a) the appointment by the owner or demise charterer of another representative person in relation to the ship; or (b) the expiration of a period of 30 days after the date on which a declaration is deposited under section 70 (1); or (c) the registration of the ship is closed; or (d) that person's death, if an individual, or winding up or dissolution, as the case may be, if a body corporate, whichever event occurs first.

(4) Nothing in this section shall be construed as making the representative person appointed in relation to a ship liable in any legal proceedings (whether civil or criminal) for any act or omission of the owner or demise charterer of the ship.

72. Notice to replace representative person (1) The Director may, if he is satisfied that the representative person for the time being appointed in relation to a ship (not being the owner of the ship)- (a) does not satisfy the requirements specified in section 68 (2); or (b) has failed to comply with section 71 (1) or with any other obligation imposed on him as the representative person by this Ordinance, by written notice served on the owner or demise charterer and on the representative person, require the owner or demise charterer to replace the representative person within a period of 30 days after the date of service of the notice.

(2) An owner or demise charterer who fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

PART IX GOVERNMENT SHIPS 73. Meaning of "Government ship" In this Part "Government ship" means a ship which is owned by the Government.

74. Registrability of Government ships (1) Subject to this Part, a Government ship is registrable.

(2) Subject to this Part, a registered Government ship ceases to be registrable if- (a) it ceases to be a Government ship; (b) the ship is taken in war or hostilities, as a result of which the Government has lost control over the operation of the ship; (c) the ship is broken up, or is an actual or constructive total loss such that it is no longer capable of being used in navigation; (d) the ship at the time of registration remains registered in a place outside Hong Kong; or (e) the ship subsequently becomes registered in a place outside Hong Kong.

75. Application for registration of Government ship An application for registration of a Government ship shall be made, in the specified form, by the Chief Secretary or by a public officer authorized by him for the purpose, and shall be accompanied by- (a) the certificate of survey; (b) the certificate or declaration of marking of the ship; (c) evidence, to the satisfaction of the Registrar, of deletion of the ship from the registry of the place outside Hong Kong where the ship was last registered (if any) or, if the ship was last registered concurrently in more than one such place, from the registry of each such place; (d) such evidence of title as is specified in instructions; and (e) such other documents or information as may be specified in instructions or as the Registrar may reasonably require.

76. Entry of particulars of Government ship in the register When the requirements of this Part preliminary to registration have been complied with in relation to a Government ship, the Registrar shall enter in the register the following particulars relating to the ship- (a) the name of the ship; (b) such of the details specified in the certificate of survey as the Registrar considers essential for the purposes of registration; (c) the particulars of the ship's origin as stated in the application for registration; and (d) the Government as owner of the ship.

77. Certificate of registry of Government ship Upon the registration of a Government ship under section 76, the Registrar shall grant a certificate of registry, in the specified form, containing particulars relating to the ship entered in the register pursuant to that section.

78. Retention of documents relating to Government ship Upon the registration of a Government ship under section 76, the Registrar shall retain in his possession the following documents in respect of the ship- (a) the application for registration; (b) the certificate of survey; (c) the certificate or declaration of marking of the ship; and (d) such evidence of title and other documents as are specified in instructions.

79. Transfer of registered Government ship (1) For the purposes of registration under this Ordinance, the transfer of a registered Government ship shall be effected by a bill of sale.

(2) The bill of sale shall- (a) be in the specified form; (b) show the government as transferor; and (c) be signed on behalf of the transferor by the Chief Secretary or by a public officer authorized by him for the purpose.

80. Application of Ordinance to Government ships (1) In addition to the provisions of this Part, the provisions of this Ordinance specified in column 2 of Schedule 3 shall apply to Government ships to the extent provided in column 3 of that Schedule.

(2) Except as provided by subsection (1) this Ordinance shall not apply to Government ships.

(3) Nothing in this Ordinance shall make the Government liable to prosecution for an offence in relation to a Government ship.

PART X MISCELLANEOUS 81. Alterations to ships (1) Where a registered ship is so altered as not to correspond with the particulars relating to the ship's tonnage or description contained in the register, the owner, demise charterer or representative person shall give notice of the alteration to the Registrar in the specified form within 14 days after the completion of the alteration.

(2) The Registrar shall, upon receipt of a notice under subsection (1), at his discretion either- (a) enter the new particulars relating to the ship in the register; or (b) require that the ship be registered anew.

(3) Where notice under subsection (1) is not given in respect of a ship within the prescribed period, the obligation to give notice as required by that subsection continues, notwithstanding that the prescribed period has passed, until notice is so given.

(4) Where there is a failure to comply with subsection (1) in relation to a ship, the owner or demise charterer commits an offence and is liable to a fine of $5,000, and to a daily penalty of $1,000.

82. Registration anew (1) Where under section 81 the Registrar requires that a ship be registered anew, he shall proceed as in the case of a first registration, and upon due compliance with the requirements as to first registration, or such of those requirements as are specified in instructions or as he may otherwise reasonably require, he shall register the ship anew.

(2) Where a ship is registered anew- (a) the ship's former registration shall be deemed to be closed and section 67 shall apply as respects any undischarged registered mortgage of the ship; and (b) the names of all persons appearing on the former register to be interested in the ship as owners, demise charterers or mortgagees shall be entered on the new register and the registration anew shall not in any way affect the rights of any of those persons.

83. Grant of new certificate of registry (1) Upon registration of- (a) a change of name of a registered ship under section 17; (b) the transfer of a registered ship or a share in or part of a ship under section 39 or 79; (c) the particulars in respect of a transmission of property in a registered ship or a share in or part of the ship under section 42; (d) the change of address of an owner under section 54 (3); (e) the particulars of a change in the identity or address of the representative person under section 68 (3); (f) new particulars of a registered ship after alteration of the ship under section 81 or upon registration anew under section 82; or (g) any other change in particulars relating to the ship, the owners, demise charterer or representative person pursuant to this Ordinance, the Registrar shall grant a new certificate of registry of the ship, in the specified form, containing the new particulars relating to the ship, the owners, demise charterer or representative person, as the case may be.

(2) Upon the grant of a new certificate of registry of a registered ship under subsection (1) the owner, demise charterer or master shall deliver the old certificate of registry, or cause the certificate to be delivered, to the Registrar- (a) forthwith, if the ship is in Hong Kong; or (b) if the ship is not in Hong Kong, as soon as practicable and in any case within a period of 30 days after the date on which the new certificate is granted.

(3) An owner, demise charterer or master who, without reasonable excuse, fails to comply with subsection (2) commits an offence and is liable to a fine of $5,000.

(4) This section applies in relation to a certificate of provisional registry as it applies in relation to a certificate of registry.

84. Mode of making declarations (1) A declaration under or for the purposes of this Ordinance- (a) may be made in Hong Kong before the Registrar, a justice of the peace, a notary public, a commissioner for oaths or a solicitor; (b) may be made in a place outside Hong Kong before a notary public or such other person as may be specified for the purposes in instructions; and (c) may be made on behalf of a body corporate by the secretary or any other officer of the body corporate authorized by it for that purpose.

(2) In subsection (1)- (a) "commissioner for oaths" means a commissioner for oaths duly appointed by the Chief Justice under any enactment in force in Hong Kong; (b) "notary public" in relation to Hong Kong, means a notary public duly registered by the Registrar of the Supreme Court under section 40 of the Legal Practitioners Ordinance (Cap. 159), and in relation to a place outside Hong Kong means a person duly authorized to take declarations under the law of that place.

85. Power of Registrar to dispense with declarations, etc.

(1) Where under or for the purpose of this Ordinance a person is required to make a declaration on behalf of himself or of any body corporate, or any evidence is required to be produced to the Registrar, and it is shown to the satisfaction of the Registrar that from any reasonable cause that person is unable to make the declaration, or that the evidence cannot be produced, the Registrar may on the production of such evidence and subject to such terms as he thinks fit, dispense with the declaration or evidence.

(2) Without prejudice to subsection (1), the Registrar may upon an application for registration of a ship under section 19, dispense with any declaration, evidence or consent under section 19, 20 or 21 to the extent that such declaration, evidence or consent has been made, produced or obtained, as the case may be, pursuant to an application for provisional registration of the ship under section 27.

86. False declarations or information Any person who, knowingly or recklessly- (a) makes any false declaration or certificate under or for the purposes of this Ordinance; or (b) makes any false or misleading statement or furnishes any false or misleading information to the Director or Registrar pursuant to a requirement by or under this Ordinance to make any statement or furnish any information, whether in an application or otherwise.

commits an offence and is liable- (i) on conviction upon indictment to a fine of $100,000 and to imprisonment for 2 years; or (ii) on summary conviction to a fine of $10,000 and to imprisonment for 6 months.

87. Documents, copies and admissibility in evidence (1) A document purporting to be- (a) a certificate of registry, certificate of provisional registry, other certificate or declaration issued or made under this Ordinance; or (b) a copy of or extract from- (i) the register in legible form; or (ii) a document referred to in paragraph (a), and to be certified as a true copy or extract by the Registrar or a person authorized by him in that behalf, shall be admitted in evidence in any legal proceedings upon its production unless it is proved that it is not the document it purports to be or that it was not signed or certified by the person by whom it purports to be signed or certified, as the case may be, and if so admitted shall be sufficient, but not conclusive, evidence of any matter stated in the register or document.

(2) Nothing in subsection (1) shall prejudice the admissibility of any evidence which would be admissible apart from that subsection.

(3) Without prejudice to section 8, the Registrar may in his discretion and on payment of the prescribed fee, supply a certified copy of or extract from any document forming part of or associated with the register to any person applying for such copy or extract.

88. Service of documents (1) Any notice required or authorized to be served on any person by the Director or Registrar under this Ordinance shall be deemed to be duly served on that person if it is- (a) delivered to him; (b) sent to him by registered post at the address for the time being recorded in relation to him in the register or otherwise notified to the Registrar pursuant to a duty under this Ordinance; or (c) left at that address.

(2) Any document required or authorized, by virtue of any statutory provision, to be served for the purpose of the institution of, or otherwise in connection with, proceedings for an offence under this Ordinance or any Ordinance specified in Schedule 2 shall, where the person to be served is the owner or demise charterer of a registered ship, be deemed to be duly served on the owner or demise charterer if it is served, in the manner prescribed by subsection (1), on the representative person appointed in relation to the ship.

(3) Any document required or authorized by virtue of any statutory provision, to be served for the purpose of the institution of, or otherwise in connection with, proceedings for an offence under this Ordinance, on the master of a ship, shall be deemed to be duly served on the master if it is- (a) delivered to him; or (b) left on board the ship with a person being or appearing to be in command or charge of the ship.

(4) Any person who obstructs the service under this Ordinance of a document on the master of a ship commits an offence and shall be liable to a fine of $5,000.

(5) Any owner, demise charterer, master or representative person of a ship who is party or privy to a contravention of subsection (4) commits an offence and is liable to a fine of $50,000 and to imprisonment for 1 year.

89. Taking detained ship to sea (1) Where a ship detained under section 17 or 18 goes to sea or attempts to go to sea before it is released from detention by the Director, the master and the owner or demise charterer commit an offence and each is liable to a fine of $50,000 and to imprisonment for 1 year.

(2) Where a ship- (a) goes to sea in contravention of subsection (1); and (b) has on board a public officer acting in the execution of his duty, the master and the owner or demise charterer- (i) commit an offence and each is liable, in addition to any penalty to which he may be liable under subsection (1), to a fine of $20,000 and to imprisonment for 6 months and to an additional fine of $1,000 for each day during the period from the date on which the ship proceeded to sea until the date on which the officer is returned to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable route; and (ii) are jointly and severally liable to pay all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong, and all such expenses may be recovered in the same manner as a fine.

90. Fees and charges regulations (1) The Governor in Council may make regulations providing for or in relation to- (a) fees for the registration and provisional registration of ships and for matters relating thereto, for the issue of certificates of registry, certificates of provisional registry and other documents under the Ordinance; (b) annual tonnage charges in respect of registered ships; (c) fees for transfers and transmissions of ships and ship mortgages; (d) fees for surveys, inspections, and other services and facilities provided, whether in Hong Kong or elsewhere, under or for the purposes of sections 14 and 18; (e) fees for inspecting the register and for copies of or extracts from entries in the register or copies of or extracts from any certificate or other document forming part of or associated with the register, and for certification of such copies or extracts; (f) fees for the official signature of the Director or Registrar or of any person on behalf of the Director or Registrar for the purposes of this Ordinance; (g) fees for any matter in respect of which regulations may be made under section 13 or 16.

(2) Any fees or charges prescribed under subsection (1)- (a) may be fixed at levels which provide for the recovery of expenditure incurred or likely to be incurred by the Government or other authority in relation generally to the administration, regulation and control of ports, ships and navigation in the waters of Hong Kong, and shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service, facility or matter; and (b) may, without prejudice to the generality of paragraph (a), be fixed at different amounts in relation to different sizes of ship, whether measured by tonnage, length or otherwise, or in relation to different classes, types or descriptions of ship, service, facility or matter.

(3) Regulations made under subsection (1) may provide for- (a) the reduction, waiver or refund of fees or charges in specified circumstances; (b) the exemption of any ship or class, type or description of ships from the payment of any fee or charge; and (c) for any such exemption to be granted by the Director or the Registrar.

(4) Fees or charges payable pursuant to regulations made under subsection (1) may be recovered from the owner or demise charterer in the District Court as a civil debt, notwithstanding that the amount is in excess of the sum mentioned in section 33 of the District Court Ordinance (Cap. 336).

91. References to ship registered in Hong Kong A reference in any Ordinance to a ship registered in Hong Kong shall be construed as a reference to a ship registered or provisionally registered under this Ordinance.

92. Amendment of Schedules The Governor may by order published in the Gazette amend any Schedule to this Ordinance.

93. Time limit for criminal proceedings An information or complaint relating to an offence under this Ordinance or any regulations made under this Ordinance shall be laid or made within 2 years from the commission of the offence.

PART XI TRANSITIONAL SHIPS 94. Interpretation of Part XI In this Part, "Act" means the Merchant Shipping Act 1894 (1894 c. 60 U.

K.) as applied in or extended to Hong Kong immediately before the commencement date.

95. Ships registered under the Act (1) Every ship that was, immediately before the commencement date, registered in Hong Kong under the Act, shall be deemed on and from that date to be registered under this Ordinance.

(2) Any entry or record that, immediately before the commencement date, appeared in a register book kept in Hong Kong under the Act in relation to a ship referred to in subsection (1) shall be deemed to be an entry or record in the register kept under section 7 in relation to that ship and to have been made on the date on which, and at the time when, it was made under the Act.

(3) Any- (a) mortgage or other instrument relating to a ship referred to in subsection (1) made in accordance with the Act and in force immediately before the commencement date; and (b) endorsement, memorandum or other note made in accordance with the Act on any such mortgage or other instrument and in force immediately before the commencement date, has effect on and after that date as if it had been made in accordance with the corresponding provision (if any) of this Ordinance.

96. Ships not yet registered under the Act (1) Where in relation to a ship- (a) an application for registration of the ship in Hong Kong under the Act was made before the commencement date and, immediately before that date, was not yet determined; and (b) the requirements of the Act preliminary to such registration have been complied with, then- (i) the application shall be deemed to be an application for registration of the ship under this Ordinance; (ii) the ship shall be deemed to be registrable; and (iii) the requirements of this Ordinance preliminary to registration shall be deemed to have been complied with.

(2) Nothing in subsection (1) shall affect any liability to pay any fee or charge pursuant to regulations made under section 90.

97. Entry of particulars in respect of transitional ships (1) The Registrar shall enter in the register the following particulars relating to a ship deemed to be registered under section 95 (1) - (a) the name of the ship; (b) such of the details of the ship recorded in the register book kept under the Act as the Registrar considers essential for the purposes of registration; (c) the particulars of the ship's origin as recorded in the register book kept under the Act; and (d) the name, address and description of each owner and a statement of the number of shares in the ship owned by each.

(2) The Registrar shall enter in the register the following particulars relating to a ship referred to in section 96- (a) the name of the ship; (b) such of the details specified in the surveyor's certificate granted under the Act as the Registrar considers essential for the purposes of registration; (c) the particulars of the ship's origin as stated in the declaration of ownership made under the Act; and (d) the name, address and description of each owner and a statement of the number of shares in the ship owned by each.

98. Certificate of registry for transitional ships (1) Upon the entry in the register of particulars of a ship under section 97, the Registrar shall grant a certificate of registry, in the specified form, containing those particulars.

(2) Until such time as a certificate of registry is granted under this section in respect of a ship referred to in section 95 (1), the certificate of registry granted under the Act in respect of the ship shall for the purposes of this Ordinance and the Merchant Shipping Ordinance (Cap. 281) be treated as a certificate of registry granted under this section.

99. Retention of documents for transitional ships Upon the entry in the register of particulars of a ship under section 97, the Registrar shall retain in his possession in respect of the ship- (a) the surveyor's certificate granted under the Act; (b) the builder's certificate, bill of sale in favour of the owner or court order vesting title to the ship in the owner, as the case may be; (c) the copy of the condemnation (if any); and (d) all declarations of ownership made under the Act.

100. Return of certificates issued under the Act (1) Upon the grant of a certificate of registry under section 98 in respect of a ship referred to in section 95 (1), the owner or master of the ship shall deliver the certificate of registry granted under the Act in respect of the ship, or cause such certificate to be delivered, to the Registrar- (a) forthwith if the ship is in Hong Kong; or (b) if the ship is not in Hong Kong, as soon as practicable and in any case within a period of 30 days after the grant of the certificate of registry under section 98.

(2) An owner or master who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.

101. Transitional ship ceasing to be registrable A ship registered or deemed to be registered under this Part ceases to be registrable if- (a) the ship or any share in the ship is transferred or transmitted; (b) the ship is taken in war or hostilities, as a result of which the owner has lost control over the operation of the ship; (c) the ship is broken up, or is an actual or constructive total loss such that it is no longer capable of being used in navigation; or (d) the ship subsequently becomes registered in a place outside Hong Kong.

102. Application of Ordinance to transitional ships (1) In addition to the provisions of this Part, the provisions of this Ordinance specified in column 2 of Schedule 4 shall apply, to the extent and in the manner provided in column 3 of that Schedule, to ships registered or deemed to be registered under this Part.

(2) Except as provided by subsection (1) this Ordinance shall not apply to ships registered or deemed to be registered under this Part.

PART XII CONSEQUENTIAL AND SAVINGS PROVISIONS 103. Application of Merchant Shipping Acts (1) The provisions of the Merchant Shipping Acts as applied in or extended to Hong Kong immediately before the commencement date (not being provisions repealed, in so far as they are part of the law of Hong Kong, by this Ordinance) shall apply to and in relation to ships registered or provisionally registered under this Ordinance as they applied, immediately before the commencement date, to ships registered in Hong Kong under the Merchant Shipping Acts.

(2) In subsection (1), "Merchant Shipping Acts" means the Merchant Shipping Acts 1894 to 1979 of the United Kingdom and any regulations made thereunder.

104. Savings, amendments and repeals (1) The Merchant Shipping (Tonnage) Regulations (App. I, p. AB 1 [1] (amended in the provisions set out in column 2 of Part 1 of Schedule 5, to the extent set out in column 3 of that Part- (a) shall, notwithstanding the repeals under subsection (3), continue in operation; and (b) shall be deemed for all purposes to have been made by the Governor in Council under section 13.

(2) A Certificate of British Tonnage Measurement or British Tonnage Certificate issued under the Merchant Shipping (Tonnage) Regulations (App.

I, p. AB 1 [2]) and in force immediately prior to the commencement date shall continue in force and have effect as if it were a Certificate of Hong Kong Tonnage Measurement or Hong Kong Tonnage Certificate (as the case may be) issued under those regulations as amended by subsection (1).

(3) (Omitted) (4) The enactments specified in Part 3 of Schedule 5 are repealed.

(5) Section 23 of the Interpretation and General Clauses Ordinance (Cap.

1) shall apply in relation to the repeal of a provision of an United Kingdom enactment effected by this section as it applies in relation to the repeal of a provision of an Ordinance.

SCHEDULE 1 [ss. 37 & 92] PROPER COLOURS OF A REGISTERED SHIP The red ensign flown directly above the blue ensign with Hong Kong armorial bearings.

SCHEDULE 2 [ss. 64, 88 & 92] SPECIFIED ORDINANCES Dangerous Goods Ordinance (Cap. 295) Merchant Shipping Ordinance (Cap. 281) Merchant Shipping (Recruiting of Seamen) Ordinance (Cap. 135) Merchant Shipping (Safety) Ordinance (Cap. 369) Shipping and Port Control Ordinance (Cap. 313) SCHEDULE 3 [ss. 80 & 92] APPLICATION OF ORDINANCE TO GOVERNMENT SHIPS ------------------- Part Section Extent and manner of application ------------------- I 1 to 3 the whole II 4 to 6 the whole III 7 to 10 the whole IV 13 to 18, 26, 33 to 35, the whole 37 V 41 the whole VI 43 to 53 the whole VII 57 to 59 the whole 60 in so far as the section relates to section 57 (1) 61 in so far as the section relates to a failure to comply with section 57 (1) or 58 (1) 65 to 67 the whole X 81, 82 the whole 83 the whole, other than subsections (1) (c) and (e) and (3) 84 the whole 85 subsection (1) only 86, 87 the whole 88 the whole, other than subsection (2) 91 to 93 the whole 103, 104 the whole Schedules 1, 2 and 5 the whole ------------------- SCHEDULE 4 [ss. 92. &102] APPLICATION OF ORDINANCE TO TRANSITIONAL SHIPS ------------------- Part Section Extent and manner of application ------------------- I 1 to 3 the whole II 4 to 6 the whole III 7 to 10 the whole IV 17 the whole 18 subsections (3), (4), (5), (6) and (7), and for the purposes of such application markings on the ship at the time of its registration or deemed registration under Part XI shall be deemed to be markings required to be maintained under the section 22 subsections (3), (4) and (5) for the purposes of the application of section 64 (3) 26, 33 to 35 the whole 37 the whole, other than subsection (4) VI 43 to 53 the whole VII 59 the whole 60 in so far as the section relates to section 57 (1) 61 in so far as the section relates to a failure to comply with section 57 (1) or a contravention of section 86 62, 64 of 67 the whole X 83 the whole, other than subsections (1) (b), (c), (d) and (e), and (3) 84 the whole 85 subsection (1) only 86, 87 the whole 88 the whole, other than subsection (2) 89 to 93 the whole 103, 104 the whole ------------------- - Schedules 1, and 5 the whole [ss. 92 & 104] SCHEDULE 5 AMENDMENTS AND REPEALS PART 1-2 (Omitted) PART 1 AND 2 (omitted) PART 3 ENACTMENTS REPEALED 1. Part I of the Merchant Shipping Act 1894 (1894 c. 60 U. K.) in so far as it is part of the law of Hong Kong except of sections 73 and 74 in so far as they relate to ships or boats other than registered or provisionally registered ships.

2-4. (Omitted)