Hong Kong Ordinances
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MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 35
Exemption of certain ships
Exemption of certain ships from this Part
(1) Subject to sections 25A and 34A, nothing in this Part- (Amended 5 of 1993
s. 8)
(a) prohibiting or preventing a ship from proceeding to sea unless there
are in force in relation to the ship, or are produced, the appropriate
certificates issued by the Director under this Part or the appropriate
accepted Convention certificates; or
(b) conferring powers on a Government surveyor for the purpose of
verifying the existence, validity or correctness of any Convention
certificate or that the conditions on which any such certificate was
issued are complied with, shall apply to any ship of less than 500
tons gross tonnage other than a passenger ship.
(2) Subsection (1) shall not prevent the application-
(a) to any ship of 300 tons gross tonnage or above, of so much of the
provisions referred to in paragraphs (a) and (b) of that subsection as
relates to certificates issued under section 18 or equivalent
accepted Convention certificates;
(b) to any ship to which section 11 applies and which is registered in
Hong Kong, of so much of the provisions referred to in paragraph (a)
of that subsection as relates to certificates issued under section 21,
by reason only that it is of less than 500 tons gross tonnage.
(3) Notwithstanding that any provision of this Part is expressed to apply to
ships not registered in Hong Kong while they are within the
waters of Hong Kong, that provision shall not apply to a ship that would not
be within such waters but for stress of weather or any other circumstance that
neither the master nor the owner of the ship could have prevented or
forestalled.
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