Hong Kong Ordinances

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.