Hong Kong Ordinances

MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 72

Application of detention provisions to foreign ships

(Past version on 30/06/1997).

Amendments retroactively made-see 23 of 1998 s. 2

(1) When a ship not registered in Hong Kong is for the time being in the
waters of Hong Kong and is found to be unsafe within the meaning of
section 67, the provisions of this Part relating to the detention of ships
shall, subject to the modifications contained in this section, apply to that
ship as if it were a ship registered in Hong Kong. (Amended 23 of 1998 s. 2)

(2) A copy of the order for the detention of the ship shall be served
forthwith on the consular officer (if any) in Hong Kong representing the
country to which the ship belongs, or if there is no such consular officer, on
the owner, agent or master of the ship.

(3) Where a ship has been detained, the consular officer on the request of the
owner, agent or master of the ship and, if there is no consular officer, the
owner, agent or master of the ship, may require that the person, if any,
appointed by the Director to survey the ship shall be accompanied by such
person as such officer, or owner, agent or master, as the case may be, may
nominate; and, in such case, if the surveyor and such person agree the
Director shall order that the ship be released or continues to be detained,
but if they differ, 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 report of the surveyor as is provided in section 68(4)(b)(ii).

(4) Where the owner, agent or master of the ship appeals to the
court of survey, the consular officer on the request of such owner, agent or
master, or, if there is no such consular officer, the owner, agent or master
may nominate not more than 2 competent persons to be members of the
court of survey.

(5) Notwithstanding that this section is expressed to apply to any ship not
registered in Hong Kong while it is for the time being within the
waters of Hong Kong, this section 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. (Amended 23 of 1998 s. 2)