Hong Kong Ordinances

MERCHANT SHIPPING (REGISTRATION) ORDINANCE - SECT 90

Fees and charges regulations

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 64 of 1999 s. 3

(1) The Chief Executive in Council may make regulations providing for or in
relation to- (Amended 64 of 1999 s. 3)

   (a)  fees for the registration and provisional registration of ships and
        for matters relating thereto, for the issue of certificates of
        registry, certificates of provisional registry and other documents
        under the Ordinance;

   (b)  annual tonnage charges in respect of registered ships;

   (c)  fees for transfers and transmissions of ships and ship mortgages;

   (d)  fees for surveys, inspections, and other services and facilities
        provided, whether in Hong Kong or elsewhere, under or for the purposes
        of sections 14 and 18;

   (e)  fees for inspecting the register and for copies of or extracts from
        entries in the register or copies of or extracts from any certificate
        or other document forming part of or associated with the register, and
        for certification of such copies or extracts;

   (f)  fees for the official signature of the Director or Registrar or of any
        person on behalf of the Director or Registrar for the purposes of this
        Ordinance;

   (g)  fees for any matter in respect of which regulations may be made under
        section 13 or 16.

(2) Any fees or charges prescribed under subsection (1)-

   (a)  may be fixed at levels which provide for the recovery of expenditure
        incurred or likely to be incurred by the Government or other authority
        in relation generally to the administration, regulation and control of
        ports, ships and navigation in the waters of Hong Kong, and shall not
        be limited by reference to the amount of administrative or other costs
        incurred or likely to be incurred in the provision of any particular
        service, facility or matter; and

   (b)  may, without prejudice to the generality of paragraph (a), be fixed at
        different amounts in relation to different sizes of ship, whether
        measured by tonnage, length or otherwise, or in relation to different
        classes, types or descriptions of ship, service, facility or matter.

(3) Regulations made under subsection (1) may provide for-

   (a)  the reduction, waiver or refund of fees or charges in specified
        circumstances;

   (b)  the exemption of any ship or class, type or description of ships from
        the payment of any fee or charge; and

   (c)  for any such exemption to be granted by the Director or the 
        Registrar.

(4) Fees or charges payable pursuant to regulations made under subsection (1)
may be recovered from the owner or demise charterer in the District Court as a
civil debt, notwithstanding that the amount is in excess of the sum mentioned
in section 33 of the District Court Ordinance ( Cap 336). (Enacted 1990)