Hong Kong Ordinances

MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 61

Provisions as to inspection

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) Subject to this section, a Government surveyor may inspect any ship not
registered in Hong Kong while the ship is within the waters of  Hong Kong and
for the purposes of any such inspection he shall have all the powers conferred
by section 115.

(2) Any such Government surveyor may go on board any ship to which section 57
applies, while the ship is within the waters of Hong Kong, for the purpose of
demanding production of any International Load Line Certificate for the time
being in force in respect of the ship. (Amended 6 of 2000 s. 16)

(3) If on any such demand a valid Convention certificate is produced to the
surveyor in respect of the ship, the powers of the surveyor under subsection
(1) shall be limited to seeing that-

   (a)  the ship is not loaded beyond the limits allowed by the certificate;

   (b)  lines are marked on the ship in the positions of the load lines
        specified in the certificate;

   (c)  no material alterations have taken place in the hull or
        superstructures of the ship which affect the position in which any of
        those lines ought to be marked; and

   (d)  the fittings and appliances for the protection of openings, the guard
        rails, the freeing ports and the means of access to the crew's
        quarters have been maintained on the ship in as effective a condition
        as they were in when the certificate was issued.

(4) If on an inspection of a ship under this section the ship is found to have
been so materially altered in respect of the matters referred to in paragraph
(c) or paragraph (d) of subsection (3) that the ship is manifestly unfit to
proceed to sea without danger to human life, then-

   (a)  if the ship is a British ship, it shall be deemed to be unsafe for the
        purposes of section 67; or

   (b)  subject to paragraph (a), if the ship is a ship not registered in Hong
        Kong, section 72 shall have effect in relation to the ship as if it
        were unsafe for the purposes of that section. (Amended 23 of 1998 s.
        2)

(5) Where a ship is detained under the provisions applied under subsection
(4), the Director shall order the ship to be released as soon as he is
satisfied that the ship is fit to proceed to sea without danger to human life.