Hong Kong Ordinances

MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE - SECT 16

Issue of certificate by Director

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

(1) Subject to subsection (2), the Director shall, if he is satisfied, on an
application for a certificate referred to in section 15 in respect of a
Hong Kong ship, or a ship registered in a country that is not a
Liability Convention country, that there will be in force in respect of the
ship, throughout the period for which the certificate is to be issued, a
contract of insurance or other security satisfying the requirements of Article
VII of the Liability Convention, issue such a certificate to the owner.
(Amended 46 of 1997 s. 11)

(2) If the Director is of opinion that there is a doubt whether the person
providing the insurance or other security will be able to meet his obligations
thereunder, or whether the insurance or other security will cover the owner's
liability under section 6 in all circumstances, he may refuse to issue the
certificate.

(3) The Chief Executive in Council may by regulations- (Amended 64 of 1999 s.
3)

   (a)  prescribe the fee to be paid on an application for a certificate under
        this section; and

   (b)  provide for the cancellation and delivery up of such a certificate in
        such circumstances as may be prescribed by the regulations.

(4) A person required by regulations made under subsection (3) to deliver up a
certificate who without reasonable excuse fails to do so commits an offence
and is liable to a fine of $5000.

(5) The Director shall retain a copy of any certificate issued by him under
this section and shall make the copy available for public inspection. (Amended
46 of 1997 s. 11) (Enacted 1990)