Hong Kong Ordinances

MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 68

Power to detain unsafe ships, and procedure for detention

(1) Any ship registered in Hong Kong or any British ship for the time being in
the waters of Hong Kong which is unsafe within the meaning of section 67(1)
may be detained in accordance with this section. (Amended 74 of 1990 s. 104)

(2) If the Director has reason to believe that a ship is unsafe, he may
appoint a surveyor to survey the ship and report to him.

(3) If, on receipt of a report under subsection (2), the Director is of the
opinion that the ship to which the report relates is unsafe, he may order that
the ship be detained.

(4) Where an order for the detention of a ship is made under subsection (3)-

   (a)  the Director shall serve on the owner, agent or master of the ship a
        copy of the report submitted to him under subsection (2);

   (b)  within 7 days after the service of the survey report under paragraph
        (a), the owner, agent or master of the ship may-

        (i)    apply to the Director to order that the ship be re-surveyed in
               accordance with subsection (5); or

        (ii)   appeal against the detention order to a court of survey.

(5) Where the Director orders that a ship be re-surveyed following an
application under subsection (4)(b), the ship shall be re-surveyed by the
surveyor who made the survey under subsection (2) and shall, if so required by
the owner, agent or master of the ship, be accompanied when carrying out the
re-survey by an assessor, being a person of nautical, engineering or other
special skill-

   (a)  nominated by the owner, agent or master of the ship; and

   (b)  approved by the Director.

(6) On completion of the re-survey of a ship under subsection (5)-

   (a)  if the surveyor and the assessor are in agreement, the Director shall,
        on receipt of the surveyor's report, order that the ship be released
        or continued to be detained; or

   (b)  if the surveyor and the assessor are not in agreement, the ship shall
        continue to be detained and the owner, agent or master shall have the
        same right of appeal to a court of survey against the re-survey report
        as is provided in subsection (4)(b)(ii).

(7) Where, following the making of an order for the detention of a ship under
subsection (3), the owner, agent or master carries out work to make the ship
fit to proceed to sea, the owner, agent or master may apply to the Director to
have the ship re-surveyed; and if, on a re-survey, the Director is satisfied
that the ship is fit to proceed to sea he shall, subject to subsection (8),
order it to be released.

(8) The Director shall not order a ship to be released under subsection (7)
until all the costs of and incidental to detention and survey and re-survey
have been paid.

(9) Where a ship has been detained under this section, the Director may, at
any time-

   (a)  refer the matter to a court of survey; or

   (b)  order the ship to be released upon such conditions as he may specify.