MERCHANT SHIPPING (SAFETY) ORDINANCE - CHAPTER 369 MERCHANT SHIPPING (SAFETY) ORDINANCE - LONG TITLE Long title VerDate:30/06/1997 To consolidate and amend the law relating to the safety of merchant shipping and for purposes connected therewith. [25 November 1981] L.N. 366 of 1981 (Originally 63 of 1981) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 1 Short title VerDate:30/06/1997 PART I PRELIMINARY This Ordinance may be cited as the Merchant Shipping (Safety) Ordinance. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 2 Interpretation VerDate:01/07/1997 Adaptation amendments retroactively made - see 26 of 1998 s. 44 (1) In this Ordinance, unless the context otherwise requires- "cargo ship construction and survey regulations" (貨船構造及檢驗規例) means the regulations made, or deemed to be made, under section 96; "collision regulations" (碰撞規例) means the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap 369 sub. leg. N); (Replaced 56 of 1990 s. 2) "Convention" (公約) means the International Convention for the Safety of Life at Sea signed in London on 1 November 1974; "court of survey" (驗船法庭) means a court of survey appointed under section 74; "dangerous goods" (危險品) means any of the goods or substances to which the Dangerous Goods Ordinance (Cap 295) applies; "Director" (處長) means the Director of Marine; "fire-fighting appliances regulations" (消防裝置規例) means the regulations made, or deemed to be made, under section 99; "life-saving appliances regulations" (救生裝置規例) means the regulations made, or deemed to be made, under section 99; "master" (船長) includes every person (except a pilot) having command or charge of any ship; "Merchant Shipping Acts" (商船法令) means the Merchant Shipping Acts 1894 to 1979* and any United Kingdom enactment amending or replacing those Acts; "navigational equipment regulations" (導航設備規例) means the regulations made, or deemed to be made, under section 98; "owner" (船東) includes a charterer by demise; "passenger" (乘客) means any person carried in a ship, except- (a) a person employed or engaged in any capacity on board the ship on the business of the ship; (b) a person on board the ship either in pursuance of the obligation laid upon the master to carry ship-wrecked, distressed or other persons, or by reason of any circumstances which neither the master nor the owner could have prevented or forestalled; and (c) a child under 1 year of age; "passenger ship" (客船) means a ship carrying more than 12 passengers; "passenger ship construction regulations" (客船構造規例) means the regulations made, or deemed to be made, under section 94; "radio regulations" (無線電規例) means the regulations made, or deemed to be made, under section 97; "ship" (船、船舶) includes any vessel used in navigation other than a vessel propelled by oars or a junk; "tons" (噸) and "tonnage" (噸位) mean tons and tonnage as calculated according to British measurement of registered tonnage; "waters of Hong Kong" (香港水域) means waters of Hong Kong within the meaning of section 3 of the Interpretation and General Clauses Ordinance (Cap 1). (Replaced 26 of 1998 s. 44) (2) If any amendment or any Protocol to the Convention, or the Convention of 1966 referred to in Part IV, comes into force or if any Convention replaces either Convention references in this Ordinance to those Conventions shall, unless the context otherwise requires, be construed as references to the Conventions as amended or replaced. ___________________________________________________________________ Note: * Please also see following- (a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508; (b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478. "cargo ship construction and survey regulations" (貨船構造及檢驗規例) "collision regulations" (碰撞規例) "Convention" (公約) "court of survey" (驗船法庭) "dangerous goods" (危險品) "Director" (處長) "fire-fighting appliances regulations" (消防裝置規例) "life-saving appliances regulations" (救生裝置規例) "master" (船長) "Merchant Shipping Acts" (商船法令) "navigational equipment regulations" (導航設備規例) "owner" (船東) "passenger" (乘客) "passenger ship" (客船) "passenger ship construction regulations" (客船構造規例) "radio regulations" (無線電規例) "ship" (船、船舶) "tons" (噸) and "tonnage" (噸位) "waters of Hong Kong" (香港水域) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 3 Application VerDate:02/01/2007 Save as otherwise provided in this Ordinance or in regulations made thereunder, this Ordinance shall apply to all ships except- (Amended 56 of 1989 s. 3) (a) ships of war; (b) fishing vessels; (c) pleasure vessels; and (d) local vessels within the meaning of the Merchant Shipping (Local Vessels) Ordinance (Cap 548) except a local vessel referred to in section 3(4) of that Ordinance. (Replaced 43 of 1999 s. 91) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 4 Interpretation VerDate:28/01/2000 PART II SURVEY AND CERTIFICATES Preliminary (1) In this Part, unless the context otherwise requires- "accepted Convention certificate" (獲認可的公約證明書) means a certificate in the form prescribed by the Convention or by the Protocol of 1988 relating to the Convention; (Amended 6 of 2000 s. 2) "cargo ship safety certificate" (貨船安全證明書) means a cargo ship safety certificate issued under section 21A; (Added 6 of 2000 s. 2) "cargo ship safety construction certificate" (貨船構造安全證明書) means a certificate issued under section 21(1); "cargo ship safety equipment certificate" (貨船設備安全證明書) means a certificate issued under section 17(1); "cargo ship safety radio certificate" (貨船無線電安全證明書) means a certificate issued under section 18(1); "Convention country" (公約國) means- (a) a country the government of which has been declared by Her Majesty in Council to have accepted the Convention, and has not been so declared to have denounced the Convention; or (b) a territory to which it has been so declared that the Convention extends, not being a territory to which it has been so declared that the Convention has ceased to extend; "Convention ship" (公約船) means a ship registered in a Convention country and "Convention passenger ship" (公約客船) shall be construed accordingly; "declaration of survey" (驗船聲明書) means a declaration under section 10 or 11; "general safety certificate" (一般安全證明書) means a certificate issued under section 15(1) in respect of a passenger ship registered in Hong Kong; "international voyage" (國際航程) means a voyage from a port in one country to a port in another country, either of those countries being a Convention country; "non-international voyage" (非國際航程) means a voyage which begins and ends within the waters of Hong Kong, during the course of which the ship concerned does not call at any port outside Hong Kong; (Added 5 of 1993 s. 2) "passenger certificate" (乘客定額證明書) means a certificate issued under section 14; "qualified cargo ship safety construction certificate" (有限制貨船構造安全證明書) means a certificate issued under section 21(3)(a)(ii) or 21(3)(b); "qualified cargo ship safety equipment certificate" (有限制貨船設備安全證明書) means a certificate issued under section 17(2)(ii); "qualified cargo ship safety radio certificate" (有限制貨船無線電安全證明書) means a certificate issued under section 18(2)(ii); "qualified safety certificate" (有限制安全證明書) and "qualified short voyage safety certificate" (有限制短途航程安全證明書) mean a certificate issued under section 15(2)(ii); "short international voyage" (短途國際航程) means an international voyage- (a) in the course of which a ship is not more than 200 nautical miles from a port or place in which the passengers and crew could be placed in safety; and (b) which does not exceed 600 nautical miles in length between the last port of call in the country in which the voyage begins and the final port of destination; "short voyage safety certificate" (短途航程安全證明書) means a certificate issued under the proviso to section 15(1).a (2) For the purposes of the definitions of "international voyage" ( 國際航程) and "short international voyage" (短途國際航程)- (a) no account shall be taken of any deviation by a ship from its intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner of the ship could have prevented or forestalled; and (b) every colony, overseas territory, protectorate or other territory for whose international relations a government is responsible or for which the United Nations are the administering authority shall be deemed to be a separate country. "accepted Convention certificate" (獲認可的公約證明書) "cargo ship safety certificate" (貨船安全證明書) "cargo ship safety construction certificate" (貨船構造安全證明書) "cargo ship safety equipment certificate" (貨船設備安全證明書) "cargo ship safety radio certificate" (貨船無線電安全證明書) "Convention country" (公約國) "Convention ship" (公約船) and "Convention passenger ship" (公約客船) "declaration of survey" (驗船聲明書) "general safety certificate" (一般安全證明書) "international voyage" (國際航程) "non-international voyage" (非國際航程) "passenger certificate" (乘客定額證明書) "qualified cargo ship safety construction certificate" (有限制貨船構造安全證明書) "qualified cargo ship safety equipment certificate" (有限制貨船設備安全證明書) "qualified cargo ship safety radio certificate" (有限制貨船無線電安全證明書) "qualified safety certificate" (有限制安全證明書) and "qualified short voyage safety certificate" (有限制短途航程安全證明書) "short international voyage" (短途國際航程) "short voyage safety certificate" (短途航程安全證明書) "international voyage" (國際航程) and "short international voyage" (短途國際航程) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 5 Appointment of Government surveyors VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. (1) The Secretary for Transport and Housing may appoint persons to be Government surveyors for the purposes of this Ordinance. (Amended L.N. 106 of 2002; L.N. 130 of 2007) (2) Persons appointed as Government surveyors may be appointed as ship surveyors, nautical surveyors, engineer surveyors or radio surveyors, or in more than one of such capacities. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 6 Powers and duties of Government surveyors VerDate:30/06/1997 (1) For the purpose of ensuring that this Ordinance has been complied with, a Government surveyor may at all reasonable times go on board a ship and inspect the ship and its equipment or any part thereof, any articles on board, and any document carried in the ship in pursuance of this Ordinance, the Merchant Shipping (Registration) Ordinance (Cap 415), the Merchant Shipping Acts or rules or regulations made thereunder. (Amended 74 of 1990 s. 104) (2) In making an inspection under this section, a Government surveyor shall have all the powers conferred by section 115. (3) A Government surveyor may inspect any ship under this section notwithstanding that it may be exempt from any provision of this Ordinance. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 7 Returns by Government surveyors VerDate:30/06/1997 (1) A Government surveyor shall make such returns to the Director as he may require with respect to the build, dimensions, draught, cubic capacity, speed, fuel capacity, and the nature and particulars of machinery and equipment, and specifying the number of the certificated officers and seamen of ships surveyed by him. (2) The owner, master and engineer of any ship so surveyed shall, on demand, give to the surveyor all such information and assistance within his power as he may require for the purpose of a return under subsection (1). (3) Any owner, master or engineer who fails without reasonable excuse to comply with a demand under subsection (2) commits an offence and is liable to a fine of $5000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 8 Approval of organizations to survey ships and issue certificates VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. (1) The Secretary for Transport and Housing may approve any organization for the purposes of surveying ships and issuing certificates under this Part. (2) Every certificate issued by any organization approved by the Secretary for Transport and Housing under subsection (1) shall have effect for the purposes of this Ordinance as if it had been issued by the Director. (Amended L.N. 106 of 2002; L.N. 130 of 2007) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 9 Annual survey of passenger ship VerDate:30/06/1997 Surveys (1) Subject to subsection (2), every passenger ship shall be surveyed at intervals of not more than 12 months in the manner provided in this Part. (2) Subsection (1) shall not apply to Convention passenger ships plying on international voyages which hold accepted Convention certificates. (3) No passenger ship shall clear outwards or proceed on any voyage from Hong Kong unless the master has the certificates as to survey required under this Part which are in force and applicable to the voyage on which the ship is about to proceed. (4) Any passenger ship attempting to go to sea may be detained until the certificates mentioned in subsection (3) are produced to the Director. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 10 Mode of survey and declaration of survey VerDate:30/06/1997 (1) The owner or master of a passenger ship to which section 9 applies shall have the ship surveyed by a Government surveyor. (2) The surveyor conducting a survey under subsection (1) shall, if satisfied that he can properly do so, complete a declaration of survey in such form as the Director may approve and forward the completed declaration to the Director. (3) A declaration of survey under subsection (2) shall state- (a) the limits, if any, beyond which the ship is not fit to ply; and (b) the number of passengers which the ship is fit to carry, distinguishing, if necessary, the numbers to be carried on the deck and in the cabins, and shall, if the circumstances so require, state any conditions and variations, according to the time of year, the nature of the voyage, the cargo carried, or other circumstances to which that number is subject. (4) If in the opinion of the surveyor a passenger ship is fit to ply on international voyages while engaged in a special trade for the carriage of large numbers of special trade passengers, such as the pilgrim trade, his declaration of survey under subsection (2) shall so state. (5) A passenger ship (including a Convention passenger ship) which is not registered in Hong Kong plying on a non-international voyage shall be surveyed and certificated further to the requirements equivalent to those which would be applied to a passenger ship which is registered in Hong Kong plying on a non-international voyage, whether such requirements are prescribed under this Ordinance or otherwise, or if not so prescribed, determined according to the Director's approval under subsection (2). (Added 5 of 1993 s. 3) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 11 Survey of ships other than passenger ships VerDate:30/06/1997 (1) The owner or master of a ship to which this section applies shall have the ship surveyed to such extent, in such manner and at such intervals as may be prescribed by the cargo ship construction and survey regulations. (2) The surveyor conducting a survey under subsection (1) shall, if satisfied that he can properly do so, complete a declaration of survey and forward the completed declaration to the Director. (3) This section applies to- (a) ships of not less than 500 tons gross tonnage; (b) ships of not less than such lower tonnage and of such description as the Governor with the consent of the Secretary of State for Trade may by order specify; (c) ships not registered in Hong Kong only while they are in the waters of Hong Kong and are not exempt from the cargo ship construction and survey regulations, other than passenger ships. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 12 Appeal to court of survey VerDate:30/06/1997 (1) If an owner or master is aggrieved- (a) by a declaration of a surveyor under this Part, or by the refusal of a surveyor to give the said declaration; or (b) by the refusal of a certificate of clearance under this Ordinance, the owner or master may appeal, in the manner prescribed by regulations, to a court of survey, and upon the constitution thereof by the Governor such court may make such order with respect to the costs of any such investigation as it thinks fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as costs in summary proceedings before any magistrate. (2) On such appeal, the court of survey shall report to the Governor on the question raised by the appeal, and the Governor, when satisfied that the requirements of the report and this Ordinance and any other enactment have been complied with, may require the Director to give the certificates required. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 13 No appeal in certain cases VerDate:30/06/1997 Where the survey of a ship is made for the purpose of a declaration under this Part, the person appointed to make the survey shall, if so required by the owner or master, be accompanied on the survey by some competent person appointed by the owner or master, to be approved by the Director, and in such case, if those 2 persons agree, there shall be no appeal to the court of survey as provided by section 12. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 14 Issue of passenger certificate VerDate:30/06/1997 Issue of certificates If the Director, on receipt of a declaration of survey under section 10 in respect of a passenger ship, is satisfied that this Part has been complied with, he shall, on the application of the owner, agent or master, issue a passenger certificate stating such compliance and stating the terms of the declaration in accordance with section 10(3) and (4). MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 15 Issue for passenger ships of safety certificates and exemption certificates VerDate:30/06/1997 (1) If the Director, on receipt of a declaration of survey in respect of a passenger ship registered in Hong Kong is satisfied- (a) that the ship complies with the passenger ship construction regulations, the life-saving appliances regulations, the fire-fighting appliances regulations, the radio regulations and the navigational equipment regulations applicable to the ship and to such international voyages as it is to be engaged on; and (b) that it is properly provided with the lights, shapes and means of making sound signals required by the collision regulations, he shall, on the application of the owner, agent or master, issue in respect of the ship a general safety certificate showing that the ship complies with the requirements of the Convention applicable to such ship and such voyage: Provided that if the voyages on which the ship is to be engaged are short international voyages and it complies only with such of those regulations as are applicable to those voyages, the certificate shall show that the ship complies with the requirements of the Convention applicable to it as a ship plying on short international voyages. (2) If the Director, on receipt of a declaration of survey in respect of a passenger ship to which subsection (1) applies, is satisfied that- (a) the ship is exempt, by virtue of any exercise by him of a power in that behalf conferred on him by this Ordinance or conferred on him by regulations made under this Ordinance, from any of the requirements of the passenger ship construction regulations, the life-saving appliances regulations, the fire-fighting appliances regulations, the radio regulations or the navigational equipment regulations applicable to the ship and to such international voyages as it is to be engaged on, whether short voyages or otherwise; (b) it complies with the rest of those requirements; and (c) it is properly provided with the lights, shapes and means of making sound signals required by the collision regulations, he shall, on the application of the owner, agent or master, issue in respect of the ship- (i) an exemption certificate stating which of the requirements of the Convention applicable as aforesaid the ship is exempt from and that the exemption is conditional on the ship's plying only on the voyages and being engaged only in the trades and complying with the other conditions (if any) specified in the certificate; and (ii) a qualified safety certificate or a qualified short voyage safety certificate, as the case may be, showing that the ship complies with the rest of those requirements. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 16 Modification of safety certificate in respect of life-saving appliances VerDate:30/06/1997 (1) If, on any international voyage, a passenger ship registered in Hong Kong in respect of which a safety certificate is in force has on board a total number of persons less than the number stated in that certificate to be the number for which the life-saving appliances on the ship provide, the Director may, at the request of the owner, agent or master of the ship, issue a memorandum stating- (a) the total number of persons carried on the ship on that voyage; and (b) the consequent modification which may be made for the purpose of that voyage in the particulars with respect to life-saving appliances stated in the certificate. (2) Any memorandum issued under subsection (1) shall- (a) be annexed to the certificate to which it relates; and (b) be submitted to the Director at the end of the voyage to which it relates. (3) If a memorandum issued under subsection (1) is not submitted to the Director at the end of the voyage to which it relates the master of the ship commits an offence and is liable to a fine of $2000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 17 Issue for cargo ships of safety equipment certificates and exemption certificates VerDate:30/06/1997 (1) If the Director, on receipt of a declaration of survey in respect of a ship registered in Hong Kong not being a passenger ship, is satisfied- (a) that the ship complies with the life-saving appliances regulations and the fire-fighting appliances regulations applicable to the ship and to such international voyages as it is to be engaged on; and (b) that it is properly provided with the lights, shapes and means of making sound signals required by the collision regulations, he shall, on the application of the owner, agent or master, issue in respect of the ship a cargo ship safety equipment certificate showing that the ship complies with such of the requirements of the Convention relating to those matters as are applicable as aforesaid. (2) If the Director, on receipt of a declaration of survey in respect of a ship to which subsection (1) applies, is satisfied that- (a) the ship is exempt, by virtue of any exercise by him of a power in that behalf conferred on him by this Ordinance or conferred on him by the life-saving appliances regulations and the fire-fighting appliances regulations, from any of the requirements of those regulations applicable to the ship and to such international voyages as it is to be engaged on; (b) it complies with the rest of those requirements; and (c) it is properly provided with the lights, shapes and means of making sound signals required by the collision regulations, he shall, on the application of the owner, agent or master, issue in respect of the ship- (i) an exemption certificate stating which of the requirements of the Convention, being requirements the subject of the life-saving appliances regulations and the fire-fighting appliances regulations and applicable as aforesaid, the ship is exempt from, and that the exemption is conditional on the ship's plying only on the voyages and complying with the other conditions (if any) specified in the certificate; and (ii) a qualified cargo ship safety equipment certificate showing that the ship complies with the rest of those requirements. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 18 Issue for cargo ships of radio certificates and exemption certificates VerDate:28/01/2000 (1) If the Director, on receipt of a declaration of survey in respect of a ship registered in Hong Kong not being a passenger ship, is satisfied that the ship complies with the radio regulations and the navigational equipment regulations applicable to the ship and to such international voyages as it is to be engaged on, he shall, on the application of the owner, agent or master, issue in respect of the ship a cargo ship safety radio certificate showing that the ship complies with such of the requirements of the Convention relating to radio installations and shipborne navigational equipment as are applicable. (2) If the Director, on receipt of a declaration of survey in respect of a ship to which subsection (1) applies, is satisfied- (a) that the ship is exempt, by virtue of any exercise by him of a power in that behalf conferred on him by this Ordinance or conferred on him by the regulations in question, from any of the requirements of the radio regulations or the navigational equipment regulations applicable to the ship and to such international voyages as it is to be engaged on; and (b) that it complies with the rest of the requirements of those regulations, he shall, on the application of the owner, agent or master, issue in respect of the ship- (i) an exemption certificate stating which of the requirements of the Convention relating to radio installations and shipborne navigational equipment, being requirements applicable as aforesaid, the ship is exempt from, and that the exemption is conditional on the ship's plying only on the voyages and complying with the other conditions (if any) specified in the certificate; and (ii) a qualified cargo ship safety radio certificate showing that the ship complies with the rest of those requirements. (3) Where any ship registered in Hong Kong is wholly exempt from the requirements of the radio regulations and the navigational equipment regulations, the Director shall, on the application of the owner, agent or master, issue an exemption certificate stating that the ship is wholly exempt from the requirements of the Convention relating to radio installations and shipborne navigational equipment and specifying the voyages on which, and conditions (if any) on which, the ship is so exempt. (Amended 6 of 2000 s. 3) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 19 (Repealed 6 of 2000 s. 4) VerDate:28/01/2000 MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 20 Issue of general safety certificates, etc. on partial compliance with regulations VerDate:30/06/1997 Where a ship complies with all the requirements of the passenger ship construction regulations, the life-saving appliance regulations, the fire-fighting appliances regulations, the radio regulations and the navigational equipment regulations applicable to the ship and to the voyages on which it is to be engaged so far as those requirements are requirements of the Convention applicable as aforesaid, the Director may issue in respect of the ship a general safety certificate, short voyage safety certificate, cargo ship safety equipment certificate or cargo ship safety radio certificate, as the case may be, notwithstanding that it is exempt from, or for some other reason does not comply with, any requirements of those regulations which are not applicable requirements of the Convention. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 21 Cargo ship safety construction certificates and exemption certificates VerDate:28/01/2000 (1) If the Director is satisfied, on receipt of a declaration of survey in respect of a ship to which section 11 applies and which is registered in Hong Kong, that the ship complies with the cargo ship construction and survey regulations applicable to the ship and such voyages as it is to be engaged on, he shall, on the application of the owner, agent or master, issue in respect of the ship- (a) if the ship is of not less than 500 tons gross tonnage and is to be engaged on international voyages, a cargo ship safety construction certificate in the form prescribed by the Convention or by the Protocol of 1988 relating to the Convention; (Amended 6 of 2000 s. 5) (b) in any other case, a cargo ship safety construction certificate showing that it complies with the said regulations. (2) If the Director, on receipt of a declaration of survey in respect of such a ship, is satisfied that- (a) the ship is exempt, by virtue of any exercise by him of a power in that behalf conferred on him by this Ordinance or the cargo ship construction and survey regulations, from any of the requirements of those regulations applicable to the ship and to such voyages as it is to be engaged on; and (b) it complies with the rest of those requirements, he shall, on the application of the owner, agent or master, issue specified certificates in respect of the ship. (3) The specified certificates referred to in subsection (2) shall be- (a) if the ship is of not less than 500 tons gross tonnage and is to be engaged on international voyages- (i) an exemption certificate stating which of the requirements of the Convention, being requirements implemented by the regulations and applicable as aforesaid, the ship is exempt from and that the exemption is conditional on the ship's plying on the voyages and complying with the other conditions (if any) specified in the certificate; and (ii) a qualified cargo ship safety construction certificate showing that the ship complies with the rest of those requirements; (b) in any other case, a qualified cargo ship safety construction certificate showing that the ship complies with such of the requirements of the cargo ship construction and survey regulations applicable to the ship and to the voyages it is to be engaged on as it is not exempt from. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 21A Issue of cargo ship safety certificates VerDate:28/01/2000 (1) If on- (a) receipt of a declaration of survey in respect of a ship to which section 11 applies and which is registered in Hong Kong; and (b) the application of the owner, agent or master of the ship, the Director is satisfied that- (i) the ship complies with- (A) the life-saving appliances regulations; (B) the fire-fighting appliances regulations; (C) the radio regulations; (D) the navigational equipment regulations; and (E) the cargo ship construction and survey regulations, applicable to the ship and to such international voyages as it is to be engaged on; and (ii) the ship is properly provided with the lights, shapes, and means of making sound signals required by the collision regulations, he may issue in respect of the ship a cargo ship safety certificate showing that the ship complies with such of the requirements of the Convention relating to the matters specified in paragraph (ii) and to the matters for which the regulations set out in paragraph (i) are made. (2) Unless the context otherwise requires, any reference in this Ordinance to a cargo ship safety equipment certificate, a cargo ship safety radio certificate or a cargo ship safety construction certificate shall, where a cargo ship safety certificate has been issued in respect of a ship, be construed in relation to that ship as a reference to the cargo ship safety certificate, and the other provisions of this Ordinance shall apply accordingly. (3) Nothing in this section shall derogate from the power to issue a certificate under section 17(1), 18(1) or 21(1). (Added 6 of 2000 s. 6) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 22 Delivery of certificate and declarations VerDate:30/06/1997 (1) The Director shall, upon the completion of any certificate under this Part, deliver such certificate in duplicate to the owner, agent or master applying for the certificate upon the payment of such fees as may be prescribed. (2) Any declaration of survey shall be produced for the inspection of the owner, agent or master of the ship to which the declaration relates. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 23 Notice of alterations and additional surveys VerDate:30/06/1997 (1) The owner or master of a ship in respect of which any certificate issued under this Part is in force shall, as soon as possible, after any alteration is made- (a) in the ship's hull, equipment or machinery affecting the efficiency thereof or the seaworthiness of the ship; or (b) in the appliances or equipment required by the life-saving appliances regulations, the fire-fighting appliances regulations, the radio regulations, the navigational equipment regulations or the collision regulations to be carried by the ship, being an alteration affecting the efficiency or completeness of those appliances or equipment, give written notice to the Director containing full particulars of the alteration. (2) If notice of any alteration is not given as required by this section, the owner or master of the ship commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (3) If the Director has reason to believe that since the making of the last declaration of survey in respect of any ship to which subsection (1) applies- (a) any such alteration has been made as is mentioned in subsection (1); (b) the hull, equipment or machinery of the ship have sustained any damage or are otherwise insufficient; or (c) the appliances or equipment of the ship referred to in subsection (1)(b) have sustained any damage or are otherwise insufficient, he may, without prejudice to his powers under section 27, require the ship to be surveyed again as he thinks fit, and, if such requirement is not complied with, may cancel any certificate issued in respect of the ship under this Part. (4) The power of the Director under subsection (3) to cancel a certificate shall be exercisable also where a ship has not been submitted for survey as required by the cargo ship construction and survey regulations. (5) For the purposes of this section, "alteration" (改動) in relation to anything includes the renewal of any part of it. "alteration" (改動) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 24 Certificates to be exhibited VerDate:30/06/1997 (1) The owner or master of every ship shall forthwith on the receipt by him of a certificate under this Part cause one of the duplicates to be exhibited in some conspicuous part of the ship so as to be visible to all persons on board and shall cause it to continue to be exhibited so long as it remains in force and such ship is in use. (2) If subsection (1) is not complied with, the owner or master concerned commits an offence unless he has a reasonable excuse, and is liable to a fine of $5000. (3) For the purposes of subsection (2)- (a) compliance by the owner or master shall be deemed to be compliance by both of them; and (b) an owner or master does not have a reasonable excuse by reason only that he has delegated his responsibility to his agent. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 25 Prohibition on proceeding to sea without appropriate certificates VerDate:28/01/2000 (1) No ship registered in Hong Kong shall proceed to sea on an international voyage unless there is in force in respect of the ship- (a) if it is a passenger ship, a passenger certificate, a general safety certificate, a short voyage safety certificate, a qualified safety certificate or a qualified short voyage safety certificate which, subject to subsection (5), is applicable to the voyage on which the ship is about to proceed and to the trade in which it is for the time being engaged; (b) if it is a ship to which section 11 applies- (i) (A) a cargo ship safety equipment certificate or a qualified cargo ship safety equipment certificate; and (B) a cargo ship safety radio certificate or a qualified cargo ship safety radio certificate or an exemption certificate stating that it is wholly exempt from the requirements of the Convention relating to radio installations and shipborne navigational equipment; and (C) a cargo ship safety construction certificate or a qualified cargo ship safety construction certificate; or (Replaced 6 of 2000 s. 7) (ii) a cargo ship safety certificate, (Replaced 6 of 2000 s. 7) (iii) (Repealed 6 of 2000 s. 7) applicable to the ship and the voyage on which it is about to proceed. (2) For the purposes of subsection (1)- (a) subsection (1)(b) shall not prohibit a ship from proceeding to sea if there is in force in respect of the ship such certificate or certificates as would be required if it were a passenger ship; (b) a qualified certificate shall not be deemed to be in force in respect of a ship unless there is also in force in respect of the ship the corresponding exemption certificate; and an exemption certificate shall be of no effect unless it is by its terms applicable to the voyage on which the ship is about to proceed. (3) If any ship proceeds, or attempts to proceed to sea in contravention of this section the owner or master of the ship, without prejudice to any other penalty under this Ordinance, commits an offence and is liable to a fine of $10000. (4) The owner, agent or master of any ship to which this section applies shall produce to the Director, at the time a clearance for the ship is demanded for an international voyage, the certificate or certificates required under this section to be in force when the ship proceeds to sea; and a clearance shall not be granted, and the ship may be detained, until such certificate or certificates are produced. (5) Where the Director permits any passenger ship in respect of which there is in force a short voyage safety certificate, whether qualified or not, to proceed to sea on an international voyage from Hong Kong not exceeding 1200 nautical miles in length between Hong Kong and the final port of destination, the certificate shall for the purposes of this section be deemed to be applicable to the voyage on which the ship is about to proceed notwithstanding that the voyage exceeds 600 nautical miles between Hong Kong and such port. (6) Where an exemption certificate issued in respect of any ship registered in Hong Kong specifies any conditions on which the certificate is issued and any of those conditions is not complied with, the owner or master of the ship commits an offence and is liable to a fine of $10000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 25A Prohibition on certain ships proceeding to sea unless relevant regulations complied with VerDate:02/01/2007 (1) This section applies to and only to a ship which is- (a) registered in Hong Kong; (b) not a passenger ship; (c) of less than 500 tons gross tonnage; (d) a vessel required to be certificated under the Merchant Shipping (Local Vessels) Ordinance (Cap 548). (Replaced 43 of 1999 s. 91) (2) A ship to which this section applies shall not proceed to sea on an international voyage unless the ship complies with the relevant regulations. (3) The master of a ship to which this section applies shall, at the time a clearance for the ship is demanded in respect of an international voyage from Hong Kong, produce to the Director documentary evidence to his satisfaction that the ship complies with the relevant regulations and a clearance shall not be granted and the ship may be detained until such documentary evidence is produced. (4) Where a ship to which this section applies proceeds, or attempts to proceed to sea in contravention of subsection (2), the owner or master of the ship commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (5) In this section "relevant regulations" (有關規例) means regulations made for the purposes of this section under this Ordinance or under the Merchant Shipping (Local Vessels) Ordinance (Cap 548) and applicable to the class of ship to which the ship belongs. (Amended 43 of 1999 s. 91) (Added 5 of 1993 s. 4) "relevant regulations" (有關規例) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 26 Duration of certificates VerDate:28/01/2000 (1) Subject to subsection (4) and section 29, a passenger certificate shall remain in force for 1 year from the date of its issue or for such shorter period as may be specified in the certificate. (2) Subject to subsections (3A) and (4) and section 29, a general safety certificate shall remain in force for 1 year from its date of issue or for such shorter period as may be specified in the certificate. (3) Subject to subsections (3A) and (4) and section 29, a cargo ship safety equipment certificate, a cargo ship safety radio certificate, a cargo ship safety construction certificate or a cargo ship safety certificate, shall remain in force for 5 years from the date of its issue or for such shorter period as may be specified in the certificate. (Replaced 6 of 2000 s. 9) (3A) Where- (a) a survey of a ship is completed within 3 months before the date of expiry of a certificate referred to in subsection (2) or (3) issued in respect of the ship, any corresponding certificate issued in consequence of the survey shall be valid from the date of completion of the survey to- (i) in the case of a general safety certificate, a date within 1 year from the date of expiry of the first-mentioned certificate; (ii) in the case of a certificate referred to in subsection (3), a date within 5 years from the date of expiry of the first-mentioned certificate, specified in the corresponding certificate; (b) a survey of a ship is completed on a date earlier than 3 months before the date of expiry of a certificate referred to in subsection (2) or (3) issued in respect of the ship, any corresponding certificate issued in consequence of the survey shall be valid from the date of completion of the survey to- (i) in the case of a general safety certificate, a date within 1 year from the date of completion of the survey; (ii) in the case of a certificate referred to in subsection (3), a date within 5 years from the date of completion of the survey, specified in the corresponding certificate; (c) a survey of a ship is completed after the date of expiry of a certificate referred to in subsection (2) or (3) issued in respect of the ship, any corresponding certificate issued in consequence of the survey shall be valid from the date of completion of the survey to- (i) in the case of a general safety certificate, a date within 1 year from the date of expiry of the first-mentioned certificate; (ii) in the case of a certificate referred to in subsection (3), a date within 5 years from the date of expiry of the first-mentioned certificate, specified in the corresponding certificate. (Added 6 of 2000 s. 9) (4) No certificate referred to in subsection (1), (2) or (3) shall remain in force after notice is given by the Director to the owner or master of the ship in respect of which it has been issued that the Director has cancelled the certificate. (5) An exemption certificate shall remain in force for the same period as the corresponding qualified certificate. (6) If any ship is absent from Hong Kong at the time of expiry of any certificate issued under this Part, no penalty shall be incurred until the ship commences a voyage after the next departure from any port. (Amended 6 of 2000 s. 9) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 27 Cancellation of certificates VerDate:30/06/1997 (1) The Director may cancel any certificate issued in respect of any ship under this Part, where he has reason to believe that- (a) any declaration of survey on which the certificate was founded has in any material particular been made fraudulently or erroneously; (b) the certificate has been issued upon false or erroneous information; (c) since the making of the declaration of survey, the hull, equipment or machinery of the ship has or have sustained any damage or is or are otherwise insufficient; (d) any condition on which the certificate has been issued has been contravened; (e) the master of the ship is not exercising, or is not permitted to exercise, proper control of the ship. (2) Where a certificate is cancelled under subsection (1) the Director may require the owner or master of the ship to which the certificate referred to have the hull, equipment or machinery of the ship again surveyed and may require the surveyor to complete a further declaration of survey before he re-issues the certificate or issues a fresh one in place thereof. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 28 Delivery up of certificates VerDate:30/06/1997 (1) The Director may require any certificate issued under this Part which has expired or has been cancelled to be delivered up as he directs. (2) Any owner or master who fails, without reasonable excuse, to comply with a requirement under subsection (1) commits an offence and is liable to a fine of $5000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 29 Extension of certificates VerDate:28/01/2000 (1) The Director may, on the application of the owner, agent or master of a ship registered in Hong Kong in respect of which a certificate has been issued under this Part, grant an extension of the certificate for a period not exceeding 1 month from the date of expiry of the certificate. (2) If on the date of expiry of a certificate issued under this Part in respect of a ship registered in Hong Kong, the ship is not in the port in which it is to be surveyed, the Director may, on the application of the owner, agent or master of the ship, grant an extension of the certificate- (a) for the purpose of allowing the ship to complete its voyage to that port; and (b) for a period not exceeding 3 months from the date of expiry of the certificate. (3) Where a survey of a ship has been completed but a certificate issued or to be issued under this Part in respect of the ship in consequence of the survey cannot be placed on board the ship before the date of expiry of an existing certificate to which the first-mentioned certificate corresponds, the Director may endorse on the existing certificate the fact that such survey has been completed or cause such certificate to be so endorsed, and such certificate so endorsed shall be regarded as valid for such further period not exceeding 5 months from the date of its expiry as may be specified in the endorsement. (4) Without prejudice to subsections (1), (2) and (3), if on- (a) receipt of a declaration of survey in respect of a ship in respect of which a certificate issued under section 17(1), 18(1), 21(1) or 21A(1) is in force; and (b) the application of the owner, agent or master of the ship, the Director is satisfied that it is proper to do so, the Director may grant an extension of the certificate for a period which, together with the period for which the certificate was issued and any period by which the certificate has been previously extended under this subsection, does not exceed 5 years. (5) Where a survey of a ship is completed after the expiry of a certificate issued under this Part in respect of the ship, any corresponding certificate issued in consequence of the survey shall remain in force for- (a) in the case of a general safety certificate, such period not exceeding 1 year from the date of completion of the survey; (b) in the case of a certificate referred to in section 26(3), such period not exceeding 5 years from the date of completion of the survey, as the Director may consider appropriate in the special circumstances of the case and as may be specified in the corresponding certificate. (6) Where- (a) an extension of a certificate issued in respect of a ship has been granted under subsection (1) or (2); and (b) a survey of the ship is completed, any corresponding certificate issued in consequence of the survey shall remain in force for- (i) in the case of a general safety certificate, such period not exceeding 1 year from the date of completion of the survey; (ii) in the case of a certificate referred to in section 26(3), such period not exceeding 5 years from the date of completion of the survey, as the Director may consider appropriate in the special circumstances of the case and as may be specified in the corresponding certificate. (Replaced 6 of 2000 s. 10) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 30 Miscellaneous provisions VerDate:30/06/1997 (1) Any general safety certificate or short voyage safety certificate, whether qualified or not, may be combined in one document with a passenger certificate. (2) Any certificate issued by the Director under this Part may be signed on his behalf by any person authorized by him for the purpose, and a certificate purporting to be so signed shall be admissible in evidence in like manner as if it had been signed by the Director. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 31 Issue of certificate at request of Director VerDate:30/06/1997 (1) The Director may request the government of a country to which the Convention applies to issue in respect of a ship registered in Hong Kong any certificate the issue of which is authorized under this Ordinance; and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purposes of this Part as if it had been issued by the Director and not by the government of that country. (2) Where a government is willing to issue, pursuant to a request under subsection (1), a qualified certificate in respect of a ship but is not willing to issue the corresponding exemption certificate, the Director may issue that exemption certificate in respect of the ship. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 32 Forgery of certificates VerDate:30/06/1997 If any person- (a) knowingly and wilfully makes, or assists in making, or procures to be made, a false or fraudulent declaration or certificate required by or under this Ordinance; or (b) forges, assists in forging, procures to be forged, fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any such declaration or certificate, or anything contained in, or any signature to any such declaration or certificate, he commits an offence and is liable to a fine of $50000 and to imprisonment for 2 years. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 33 Certificates of Convention ships not registered in Hong Kong VerDate:28/01/2000 Convention ships of other countries (1) The Director may, at the request of the government of a country to which the Convention applies, issue in respect of a ship registered in that country any certificate the issue of which in respect of ships registered in Hong Kong is authorized under this Part if he is satisfied that it is proper for him to do so; and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purposes of this Part as if it had been issued by that government and not by the Director. (2) A Government surveyor, for the purpose of verifying- (a) that there is in force in respect of a Convention ship not registered in Hong Kong an accepted Convention certificate; or (b) that the condition of the hull, equipment and machinery of any such Convention ship corresponds substantially with the particulars shown in such a certificate; or (c) except where such a certificate states that the ship is wholly exempt from the provisions of the Convention relating to radio installations and shipborne navigational equipment, that the number, grades and qualifications of radio officers or operators on board correspond with those shown in the certificate; or (Amended 6 of 2000 s. 11) (d) that any conditions on which such a certificate, being the equivalent of an exemption certificate, is issued are complied with, shall have all the powers conferred by section 115. (3) Where there is attached to an accepted Convention certificate in respect of a Convention passenger ship not registered in Hong Kong a memorandum which- (a) has been issued by or under the authority of the government of the country in which the ship is registered; and (b) modifies for the purpose of any particular voyage, in view of the number of persons carried on that voyage, the particulars stated in the certificate with respect to life-saving appliances, the certificate shall have effect for the purpose of that voyage as if it were modified in accordance with the memorandum. (4) Where an accepted Convention certificate is produced in respect of a Convention passenger ship not registered in Hong Kong- (a) the ship, unless it is plying on a non-international voyage, shall not be required to be surveyed under this Ordinance by a Government surveyor except for the purpose of determining the number of passengers that it is fit to carry; (Amended 5 of 1993 s. 5) (b) on receipt of any declaration of survey for the purpose aforesaid, the Director shall issue a certificate containing only the statement of the particulars relating to the number of passengers the ship is fit to carry; and a certificate so issued shall have effect as a passenger certificate. (5) Where there is produced in respect of any such passenger ship as aforesaid an accepted Convention certificate, and also a certificate issued by or under the authority of the government of the country in which the ship is registered showing the number of passengers that the ship is fit to carry, and the Director is satisfied that that number has been determined substantially in the same manner as in the case of a passenger ship registered in Hong Kong, he may if he thinks fit dispense with any survey of the ship for the purpose of determining the number of passengers that it is fit to carry and direct that the last-mentioned certificate shall have effect as a passenger certificate. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 34 Further provisions as to the production of Convention certificates VerDate:02/01/2007 (1) The master of every Convention ship not registered in Hong Kong shall produce to the Director, at the time a clearance for the ship is demanded in respect of an international voyage from Hong Kong, accepted Convention certificates that are the equivalent of the certificates issued by the Director under this Ordinance that would be required to be in force in respect of the ship if it were a ship registered in Hong Kong; and a clearance shall not be granted, and the ship may be detained, until such certificates are so produced. (1A) The Director may for the purposes of a clearance for a ship in respect of an international voyage or a non-international voyage accept any certificate, not being an accepted Convention certificate, where he is satisfied that any standards relating to safety required to be complied with for the issue of such a certificate are substantially the same as those required for a certificate issued by the Director for a ship registered in Hong Kong under this Ordinance or issued by him under the Merchant Shipping (Local Vessels) Ordinance (Cap 548) for a ship which is a vessel required to be certificated under that Ordinance. (Added 5 of 1993 s. 6. Amended 43 of 1999 s. 91) (2) For the purposes of section 33 an accepted Convention certificate being the equivalent of- (a) a qualified certificate; or (b) an exemption certificate, other than a certificate under section 18(3), shall not be accepted unless there is also produced the corresponding exemption certificate or qualified certificate, as the case may be. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 34A Production of documentary evidence of compliance with certificate requirements VerDate:02/01/2007 (1) This section applies to and only to a ship which is not- (a) registered in Hong Kong; (b) a ship holding an accepted Convention certificate; (c) a passenger ship; (d) a vessel required to be certificated under the Merchant Shipping (Local Vessels) Ordinance (Cap 548). (Amended 43 of 1999 s. 91) (2) The master of a ship to which this section applies shall, at the time a clearance for the ship is demanded in respect of an international voyage or a non-international voyage, produce to the Director documentary evidence to his satisfaction- (a) in the case of a ship of not less than 500 tons gross tonnage, of compliance with the requirements that would, if it were a ship holding an accepted Convention certificate, be required to be complied with for the purposes of section 34(1) or (1A); (b) in the case of a ship- (i) of less than 500 tons gross tonnage; or (ii) of the same size as a vessel required to be certificated under the Merchant Shipping (Local Vessels) Ordinance (Cap 548), (Amended 43 of 1999 s. 91) of compliance with the requirements that would, if it were a ship of the same description registered in Hong Kong, be required to be complied with for the purposes of section 25A(1), and a clearance shall not be granted and the ship may be detained until such documentary evidence is produced. (Added 5 of 1993 s. 7) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 35 Exemption of certain ships VerDate:30/06/1997 Exemption of certain ships from this Part (1) Subject to sections 25A and 34A, nothing in this Part- (Amended 5 of 1993 s. 8) (a) prohibiting or preventing a ship from proceeding to sea unless there are in force in relation to the ship, or are produced, the appropriate certificates issued by the Director under this Part or the appropriate accepted Convention certificates; or (b) conferring powers on a Government surveyor for the purpose of verifying the existence, validity or correctness of any Convention certificate or that the conditions on which any such certificate was issued are complied with, shall apply to any ship of less than 500 tons gross tonnage other than a passenger ship. (2) Subsection (1) shall not prevent the application- (a) to any ship of 300 tons gross tonnage or above, of so much of the provisions referred to in paragraphs (a) and (b) of that subsection as relates to certificates issued under section 18 or equivalent accepted Convention certificates; (b) to any ship to which section 11 applies and which is registered in Hong Kong, of so much of the provisions referred to in paragraph (a) of that subsection as relates to certificates issued under section 21, by reason only that it is of less than 500 tons gross tonnage. (3) Notwithstanding that any provision of this Part is expressed to apply to ships not registered in Hong Kong while they are within the waters of Hong Kong, that provision 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. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 36 Equipment of passenger ships VerDate:30/06/1997 PART III EQUIPMENT OF SHIPS AND EXCESS PASSENGERS (1) Every passenger ship to which section 9 applies shall- (a) have the ship's compasses properly adjusted from time to time, to the satisfaction of a Government surveyor and in accordance with regulations or such directions as may be issued by the Director; and (b) be provided with such shelter for the protection of deck passengers, if any, as the Director, having regard to- (i) the nature of the passage; (ii) the number of deck passengers to be carried; (iii) the season of the year; (iv) the safety of the ship; and (v) any other circumstance, may require. (2) If any passenger ship to which section 9 applies goes to sea from Hong Kong without having its compasses adjusted or without protection for deck passengers in contravention of subsection (1), the owner or the master commits an offence and is liable- (a) in the case of the owner, to a fine of $50000 and to imprisonment for 2 years; and (b) in the case of the master, to a fine of $20000 and to imprisonment for 6 months. (3) If any requirement of this section or of regulations as to the number of permissible passengers is not complied with in the case of any passenger ship, the Director shall not grant a clearance and if any such ship attempts to go to sea without a clearance, the Director may detain it. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 37 Restriction to decks on which passengers may be carried VerDate:30/06/1997 (1) A ship shall not carry passengers on more than one deck below the water line. (2) The owner and master of any ship which carries passengers in contravention of subsection (1) commits an offence and is liable to a fine of $10000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 38 Excess passengers VerDate:30/06/1997 (1) A ship shall not within the waters of Hong Kong carry any passengers in excess of the number allowed by the passenger certificate, or, where the ship has no passenger certificate, the ship shall not- (a) carry any passengers if the ship is not fit to do so under the provisions of this Ordinance, or would not be fit to do so under those provisions if they applied to the ship; (b) carry any passengers in excess of the maximum number which the ship is fit to carry under the provisions of this Ordinance, or would be fit to carry under those provisions if they applied to the ship. (2) The owner, agent and master of any ship which carries passengers in contravention of subsection (1) commits an offence and is liable- (a) on conviction upon indictment to imprisonment for 4 years and to a fine of $10000 and an additional fine of $5000 for each excess passenger; and (b) on summary conviction to imprisonment for 2 years and to a fine of $10000 and an additional fine of $5000 for each excess passenger. (3) For the purposes of this section every person carried in a ship, other than- (a) a person employed or engaged in any capacity on board the ship on the business of the ship; and (b) a child under 1 year of age, shall, until the contrary is proved, be presumed to be a passenger on that ship. (4) Where the Director for the purpose of enabling persons to be moved from any place in consequence of a threat to their lives has permitted more persons to be carried on board a ship than are permitted under this Ordinance other than this section, the carriage of that excess of persons shall not be an offence under this Ordinance. (5) The owner or agent of any ship shall not be guilty of an offence under subsection (2) if he proves that- (a) the passengers involved in the offence were shipped without his knowledge or consent; and (b) he derived no profit, benefit or advantage from the shipping of the passengers. (6) In any proceedings for an offence under this section, a certificate purporting to be signed and issued by the Director for the purposes of this subsection shall be admitted in evidence on its production without further proof; and unless it is proved that the certificate has not been signed by the Director, it shall be presumed until the contrary is proved that any statement therein to the following effect is true, that is to say a statement that a ship is not fit to carry passengers under the provisions of this Ordinance or would not be fit to do so under those provisions if they applied to the ship, or a statement of the maximum number of passengers a ship is fit to carry under the provisions of this Ordinance or would be fit to do so under those provisions if they applied to the ship. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 39 Director may refuse clearance of ship carrying excess passengers VerDate:30/06/1997 (1) The master of every ship shall, on application to the Director for a port clearance, state the number of passengers he proposes to carry on the voyage; and if such number is in excess of the number allowed by the passenger certificate or exceeds 12 in the case of a ship which is not provided with a passenger certificate, the Director may refuse clearance. (2) Any master of a ship who- (a) in an application under subsection (1) for a port clearance intentionally misrepresents the number of passengers proposed to be carried; or (b) leaves or attempts to leave any port in Hong Kong without a clearance, commits an offence and is liable to a fine of $20000 and to imprisonment for 6 months. (3) The master of any ship who, after having obtained a port clearance, leaves or attempts to leave the waters of Hong Kong with any number of passengers greater than that allowed by the clearance commits an offence and is liable to imprisonment for 6 months and to a fine of $10000 and an additional fine of $5000 in respect of each passenger in excess of the number permitted by the clearance. (4) Whenever the master of a ship is guilty of an offence under subsection (3), the owner and agent (if any) of the ship shall each be guilty of the same offence and shall each be liable to the same penalty as is prescribed for that offence, unless he proves that- (a) the passengers involved in the offence were shipped without his knowledge or consent; and (b) he derived no profit, benefit or advantage from the shipping of the passengers. (5) The Director may refuse a clearance to any ship carrying more than 12 passengers, except on the production of the passenger certificate, being a certificate in force and applicable to the voyage on which the ship is about to proceed; and he may detain such ship until such certificate is produced. (6) The Director may by order prohibit the conveyance of deck passengers by any ship. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 40 Prohibition on increasing weight on safety valve VerDate:30/06/1997 Any person who places an undue weight on the safety valve of any steamship or increases the weight on such safety valve beyond the limits fixed by a Government surveyor commits an offence and is liable to a fine of $50000 and to imprisonment for 2 years. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 41 Signalling lamps VerDate:30/06/1997 (1) No ship registered in Hong Kong, being a ship over 150 tons gross tonnage, shall proceed to sea on an international voyage unless the ship is provided with an efficient signalling lamp. (2) If any ship proceeds or attempts to proceed to sea in contravention of this section, the owner or master thereof commits an offence and is liable to a fine of $2000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 42 Anchors and cables VerDate:30/06/1997 (1) No ship registered in Hong Kong shall have on board as part of its equipment an anchor or cable unless- (a) the anchor or cable has been marked, and a certificate in respect of it has been issued, in accordance with the regulations made under section 103; or (b) the anchor or cable is one to which those regulations do not apply by virtue of any regulation made under paragraph (e) of section 103(1). (2) If subsection (1) is contravened in respect of any ship the owner or master of the ship commits an offence and is liable to a fine of $5000. (3) If any person applies to any anchor or cable which has not passed the tests prescribed by regulations made under section 103 any mark prescribed by those regulations for denoting that it has passed those tests, or any other mark calculated to suggest that it has passed those tests, he commits an offence and is liable to a fine of $5000. (4) In this section, "anchor" (錨) and "cable" (錨鏈) have the meanings assigned to them by section 103(2). "anchor" (錨) and "cable" (錨鏈) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 43 Duties of owners and masters as to carrying life-saving appliances and fire-fighting appliances VerDate:30/06/1997 It shall be the duty of the owner and master of every ship registered in Hong Kong to ensure that such ship is provided with such life-saving appliances and fire-fighting appliances as may be prescribed by the life-saving appliances regulations and the fire-fighting appliances regulations. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 44 Penalty for breach of life-saving appliances regulations and fire-fighting appliances regulations VerDate:30/06/1997 In the case of any ship- (a) if the ship is required to be provided with life-saving appliances or fire-fighting appliances and proceeds on any voyage without being so provided in the manner prescribed; (b) if any of the appliances with which the ship is so provided are lost or rendered unfit for service in the course of the voyage through the wilful fault or negligence of the owner or master; (c) if the master wilfully neglects to replace or repair, on the first opportunity, any such appliance lost or damaged in the course of the voyage; (d) if such appliances are not kept so as to be at all times fit and ready for use; or (e) if any provision of the life-saving appliances regulations or the fire-fighting appliances regulations is contravened or not complied with, then the owner of the ship (if at fault) commits an offence and is liable to a fine of $50000 and to imprisonment for 2 years and the master of the ship (if at fault) commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 45 Entry in log-book of boat-drill VerDate:30/06/1997 (1) The master of every ship to which this section applies shall enter in the official log-book a statement, or, if there is no official log-book, keep some other record, of every occasion on which boat-drill or fire-drill is practised on board ship, or on which the appliances and equipment required to be carried by virtue of the life-saving appliances regulations and the fire-fighting appliances regulations are examined to see whether they are fit and ready for use and of the result of any such examination; and if- (a) in the case of a passenger ship, boat-drill or fire-drill is not practised on board the ship in any week; (b) in the case of any other ship, boat-drill or fire-drill is not practised on board ship in any month; (c) in the case of any ship, the appliances and equipment are not examined in any such period as may be prescribed, the master shall enter a statement or keep some other record of the reasons why the drill was not practised or the appliances and equipment were not examined in that week, month or period. (2) The master shall, if so required by an officer of the Marine Department, produce for inspection any such entry or record. (3) If a master fails to comply with any requirement of this section, he commits an offence and is liable to a fine of $5000. (4) Subject to section 46, this section applies to- (a) any ship registered in Hong Kong; and (b) other ships while they are within the waters of Hong Kong. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 46 Application to foreign ships VerDate:01/07/1997 Amendments retroactively made-see 23 of 1998 s. 2 Sections 43 and 44 shall apply to all ships not registered in Hong Kong while within the waters of Hong Kong to the same extent as they apply to ships registered in Hong Kong: Provided that such sections and section 45 shall not apply- (a) to any Convention ship which carries an accepted Convention certificate; or (b) by reason of a ship not registered in Hong Kong being within the waters of Hong Kong, to the ship if it would not have been 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) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 47 Interpretation VerDate:30/06/1997 PART IV LOAD LINES Preliminary (1) In this Part, unless the context otherwise requires- "alteration" (改動) includes deterioration; "conditions of assignment" (勘定條件) means such provisions relating to the assignment of freeboards as are contained in the load line regulations; "Contracting Government" (締約國政府) means any such government as is referred to in paragraph (a) of the definition of "Convention country"; "Convention country" (公約國) means a country or territory which is- (a) a country the government of which has been declared by Her Majesty by Order in Council made under section 31 of the Merchant Shipping (Load Lines) Act 1967 (1967 c. 27 U.K.) to have accepted or acceded to the Convention of 1966, and has not been so declared to have denounced that Convention; or (b) a territory to which it has been so declared that the Convention of 1966 extends, not being a territory to which it has been so declared that the Convention has ceased to extend; "Convention of 1966" (1966年公約) means the International Convention on Load Lines signed in London on 5 April 1966; "deck-line" (甲板線) means such mark as may be prescribed which indicates on each side of a ship the position of the freeboard deck of that ship; "existing ship" (現有船舶) means any ship which is not a new ship; "international voyage" (國際航程) means, subject to subsection (2), a voyage between- (a) Hong Kong and a port outside Hong Kong; or (b) a port in a country (other than Hong Kong) and a port in any other country or territory (whether a Convention country or not) which is outside Hong Kong; "load lines" (載重線) means such lines as may be prescribed which indicate on each side of a ship the various maximum depths to which the ship may be loaded in such circumstances as may be prescribed; "new ship" (新船舶) means a ship whose keel is laid, or which is at a similar stage of construction on or after- (a) in relation to a ship whose parent country is a Convention country other than the United Kingdom, the date from which it is declared under section 31 of the Merchant Shipping (Load Lines) Act 1967 (1967 c. 27 U.K.) either that the government of that country has accepted or acceded to the Convention of 1966 or that it is a territory to which that Convention extends; (b) in relation to any other ship, 21 July 1968; "parent country" (母國家) means, in relation to a ship, the country or territory in which the ship is registered, or, if the ship is not registered anywhere, means the country or territory whose flag the ship flies; "valid Convention certificate" (有效公約證明書) means a certificate which- (a) has been issued under section 57(2) and is for the time being in force; or (b) is produced in circumstances in which it is required by the load line regulations to be recognized for the purposes of this Part. (2) In determining, for the purposes of an international voyage, what are the ports between which a voyage is made, no account shall be taken of any deviation by a ship from her intended voyage which is due solely to stress of weather or any other circumstances which neither the master nor the owner of the ship could have prevented or forestalled; and for the purposes of determining whether a voyage is an international voyage any colony, protectorate or other dependency, any territory for whose international relations a government is separately responsible and any territory for which the United Nations are the administering authority, shall be taken to be a separate territory. (3) Any reference in this Part to the gross tonnage of a ship shall be construed as a reference to the tonnage of a ship ascertained in accordance with the tonnage regulations made under the Merchant Shipping (Registration) Ordinance (Cap 415); and where in accordance with those regulations alternative tonnages are assigned to a ship, the gross tonnage of the ship shall, for the purposes of this Part be taken to be the larger of those tonnages. HISTNOTE (Amended 74 of 1990 s. 104) (4) Any reference in this Part to any provision of the Convention of 1966 shall, in relation to any time after that provision has been amended in pursuance of Article 29 of that Convention, be construed as a reference to that provision as so amended. "alteration" (改動) "conditions of assignment" (勘定條件) "Contracting Government" (締約國政府) "Convention country" (公約國) "Convention of 1966" (1966年公約) "deck-line" (甲板線) "existing ship" (現有船舶) "international voyage" (國際航程) "load lines" (載重線) "new ship" (新船舶) "parent country" (母國家) "valid Convention certificate" (有效公約證明書) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 48 Compliance with load line regulations VerDate:30/06/1997 Ships registered in Hong Kong (1) Subject to any exemption conferred by or under this Ordinance, no ship registered in Hong Kong shall proceed or attempt to proceed to sea unless- (a) the ship has been surveyed in accordance with the load line regulations; (b) the ship is marked with a deck-line and with load lines in accordance with those regulations; (c) the ship complies with the condition of assignment; and (d) the information required by those regulations to be provided for the guidance of the master of the ship has been so provided. (2) If any ship proceeds or attempts to proceed to sea in contravention of subsection (1), the owner or master of the ship commits an offence and is liable to a fine of $10000. (3) Any ship which in contravention of subsection (1) attempts to proceed to sea without being surveyed and marked as mentioned in paragraphs (a) and (b) of that subsection may be detained until it has been so surveyed and marked. (4) Any such ship as is mentioned in subsection (1) which does not comply with the conditions of assignment shall be deemed to be unsafe for the purposes of section 67. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 49 Submersion of load lines VerDate:30/06/1997 (1) A ship registered in Hong Kong shall not be so loaded that its condition at any time is such that- (a) if the ship is in salt water and has no list, the appropriate load line on each side of the ship is submerged; or (b) in any other case, the appropriate load line on each side of the ship would be submerged if the ship were in salt water and had no list. (2) If any ship is loaded in contravention of subsection (1), the owner or master of the ship, subject to subsection (5), commits an offence and is liable- (a) to a fine of $10000; and (b) to such additional fine, not exceeding an amount calculated in accordance with subsection (3), as the court thinks fit to impose, having regard to the extent to which the earning capacity of the ship was increased by reason of the contravention. (3) Any additional fine imposed under subsection (2)(b) shall not exceed $6000 for every 25 millimetres and for any fraction of 25 millimetres over and above one or more complete multiple of 25 millimetres, by which- (a) in a case falling within subsection (1)(a), the appropriate load line on each side of the ship was submerged; or (b) in a case falling within subsection (1)(b), the appropriate load line on each side of the ship would have been submerged as therein mentioned, and, if the amount by which that load line was or would have been submerged was less than 25 millimetres, any such additional fine shall be $6000. (4) If the master of a ship takes the ship to sea when it is loaded in contravention of subsection (1), or if any other person, having reason to believe that the ship is so loaded, sends or is party to sending it to sea when it is loaded in contravention of that subsection, then (without prejudice to any fine to which he may be liable in respect of an offence under subsection (2)) he commits an offence and is liable to a fine of $20000. (5) Where a person is charged with an offence under subsection (2), it shall be a defence to prove that the contravention was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner could have prevented or forestalled. (6) Without prejudice to any proceedings under the preceding provisions of this section, any ship which is loaded in contravention of subsection (1) may be detained until it ceases to be so loaded. (7) For the purposes of the application of this section to a ship in any circumstances prescribed by the load line regulations "the appropriate load line" (適當載重線) means the maximum depth to which the ship may, in accordance with those regulations, be loaded in salt water in those circumstances. (7) For the purposes of the application of this section to a ship in any circumstances prescribed by the load line regulations "the appropriate load line" (適當載重線) means the maximum depth to which the ship may, in accordance with those regulations, be loaded in salt water in those circumstances. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 50 Miscellaneous offences in relation to marks VerDate:30/06/1997 Where a ship registered in Hong Kong is marked in accordance with any requirements as to marking imposed by or under this Part, then if- (a) the owner or master of the ship fails without reasonable cause to keep the ship so marked; or (b) any person conceals, removes, alters, defaces or obliterates, or causes or permits any person under his control to conceal, remove, alter, deface or obliterate, any mark with which the ship is so marked, except where he does so under the authority of a person empowered under the load line regulations to authorize him in that behalf, he commits an offence and is liable to a fine of $10000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 51 Issue of load line certificate VerDate:28/01/2000 (1) Where a ship registered in Hong Kong has been surveyed and marked in accordance with the load line regulations, an International Load Line Certificate shall be issued to the owner, agent or master of the ship on his application. (2) Subject to subsection (3), any certificate required by subsection (1) of this section to be issued- (a) shall be issued by the Director or by a person authorized by the Director; and (Amended 56 of 1990 s. 4) (b) shall be in such form, and shall be issued in such manner, as may be prescribed by the load line regulations. (3) The Director may request a Contracting Government to issue an International Load Line Certificate in respect of any ship to which this Part applies which is a ship registered in Hong Kong; and the following provisions of this Part shall have effect in relation to such a certificate so issued, which contains a statement that it has been issued at the request of the Government of Hong Kong, as they have effect in relation to any International Load Line Certificate issued by the Director. (Amended 6 of 2000 s. 13) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 52 Effect of load line certificate VerDate:30/06/1997 Where a certificate, issued in pursuance of section 51 and for the time being in force, is produced in respect of the ship to which the certificate relates- (a) the ship shall be deemed to have been surveyed in accordance with the load line regulations; and (b) if lines are marked on the ship corresponding in number and description to the deck-line and load lines as required by the load line regulations, and the positions of those lines so marked correspond to the positions of the deck-line and load lines as specified in the certificate, the ship shall be deemed to be marked as required by those regulations. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 53 Endorsement of load line certificates VerDate:30/06/1997 While any certificate issued under section 51 is in force in respect of a ship, there shall be endorsed on the certificate such information relating to- (a) periodical inspections of the ship in accordance with the load line regulations; and (b) any extension of the period for which the certificate was issued, as may be prescribed by the regulations. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 54 Ship not to proceed to sea without load line certificate VerDate:28/01/2000 (1) Subject to any exemption conferred by or under this Part, no ship registered in Hong Kong shall proceed or attempt to proceed to sea unless an International Load Line Certificate is in force in respect of the ship. (Amended 6 of 2000 s. 14) (2) Before any such ship proceeds to sea, the master of the ship shall produce the certificate to the Director; and a clearance shall not be granted, and the ship may be detained, until the certificate is so produced. (3) If any ship proceeds or attempts to proceed to sea in contravention of this section, the master of the ship commits an offence and is liable to a fine of $10000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 55 Display of load line certificate and entry of particulars in official log-book VerDate:30/06/1997 (1) Where a certificate is issued in respect of a ship under section 51- (a) the owner or master of the ship shall forthwith on receipt of the certificate cause it to be framed and posted up in some conspicuous place on board the ship, and shall cause it to be kept so framed and posted up and legible so long as the certificate remains in force and the ship is in use; and (b) the master of the ship, before making any other entry in any official log-book relating to the ship, shall enter in it the particulars as to the positions of the deck-line and the load lines which are specified in the certificate. (2) Before any ship registered in Hong Kong leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea, the master of the ship- (a) shall enter in the official log-book such particulars relating to the depth to which the ship is for the time being loaded as may be prescribed by the load line regulations; (b) shall cause a notice, in such form and containing such of those particulars as may be specified in the regulations for the purposes of this paragraph, to be posted up in some conspicuous place on board the ship, and, where such a notice has been posted up, the master of the ship shall cause it to be kept so posted up and legible until the ship arrives at some other dock, wharf, harbour or place. (3) If the owner or master of a ship fails to comply with any requirement imposed on him by this section, he commits an offence and is liable to a fine of $2000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 56 Inspection of ships VerDate:30/06/1997 (1) A Government surveyor may inspect any ship registered in Hong Kong, for the purpose of seeing that the provisions of this Part have been complied with in respect of the ship. (2) For the purposes of any such inspection any such surveyor shall have all the powers conferred by section 115. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 57 Valid Convention certificates VerDate:28/01/2000 Ships not registered in Hong Kong (1) This section applies to any ship not registered in Hong Kong, which- (a) is registered in a Convention country or, not being registered in any such country or elsewhere, flies the flag of a Convention country; and (b) is either an existing ship of not less than 150 tons gross tonnage or a new ship of not less than 24 metres in length. (2) The Director may, at the request of the government of the parent country of a ship to which this section applies, issue in respect of the ship a certificate in such form as may be prescribed by the load line regulations, if he is satisfied that he could properly issue a certificate in respect of the ship under section 51 if the ship were registered in Hong Kong. (3) Certificates issued as mentioned in subsection (2) shall be included among the certificates to be called "International Load Line Certificates". (Amended 6 of 2000 s. 15) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 58 Compliance with load line regulations VerDate:01/07/1997 Amendments retroactively made-see 23 of 1998 s. 2 (1) Subject to subsection (2), and to any exemption conferred by or under this Ordinance, no ship not being a ship registered in Hong Kong shall proceed, or attempt to proceed, to sea from Hong Kong unless- (a) the ship has been surveyed in accordance with the load line regulations; (b) the ship is marked with a deck-line and with load lines in accordance with those regulations; (c) the ship complies with the conditions of assignment; and (d) the information required by those regulations to be provided for the guidance of the master of the ship has been so provided. (2) Subsection (1) does not apply to a ship in respect of which a valid Convention certificate is produced. (3) If any ship proceeds or attempts to proceed to sea in contravention of subsection (1) the owner or master of the ship commits an offence and is liable to a fine of $10000. (4) Any ship which in contravention of this section attempts to proceed to sea without being surveyed and marked as mentioned in subsection (1)(a) and (b) may be detained until it has been so surveyed and marked. (5) If any such ship as is mentioned in subsection (1), not being a ship in respect of which a valid Convention certificate is produced, does not comply with the conditions of assignment, 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) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 59 Submersion of load lines VerDate:30/06/1997 (1) Where a ship not registered in Hong Kong is within the waters of Hong Kong, the ship shall not be so loaded that its condition at any time is such that- (a) if the ship is in salt water and has no list, the appropriate load line on each side of the ship is submerged; or (b) in any other case, the appropriate load line on each side of the ship would be submerged if the ship were in salt water and had no list. (2) Subsections (2), (3), (5) and (6) of section 49 shall have effect for the purposes of this section as if any references in those subsections to subsection (1) of that section, or to paragraph (a) or paragraph (b) of the said subsection (1), were a reference to subsection (1), or (as the case may be) to the corresponding paragraph of subsection (1), of this section: Provided that, in the case of a ship to which section 57 applies, the ship shall not be detained, and no proceedings shall be brought by virtue of this subsection, unless the ship has been inspected by a Government surveyor in pursuance of section 61. (3) In relation to a ship in respect of which a valid Convention certificate is produced, "load line" (載重線) in subsection (1) means a line marked on the ship in the position of a load line specified in that certificate; and for the purposes of the application of the relevant provisions to such a ship in any circumstances for which a particular load line is specified in the certificate, the "appropriate load line" (適當載重線) means the maximum depth to which the ship may, in accordance with the certificate, be loaded in salt water in those circumstances. (4) Where a valid Convention certificate is not produced in respect of a ship, then, for the purposes of the application of the relevant provisions to that ship in any circumstances prescribed by the load line regulations "the appropriate load line" (適當載重線) means the maximum depth to which the ship may, in accordance with those regulations, be loaded in salt water in those circumstances. (5) In subsections (3) and (4) "the relevant provisions" (有關條文) means the provisions of subsection (1) and any provisions of section 49 as applied by subsection (2). "load line" (載重線) "appropriate load line" (適當載重線) "the appropriate load line" (適當載重線) "the relevant provisions" (有關條文) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 60 Production of certificate to Director VerDate:30/06/1997 Subject to any exemption conferred by or under this Part, before a ship to which section 57 applies proceeds to sea from Hong Kong on an international voyage, the master of the ship shall produce a valid Convention certificate to the Director; and a clearance shall not be granted, and the ship may be detained, until such a certificate is so produced. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 61 Provisions as to inspection VerDate:28/01/2000 (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. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 62 Power to exempt VerDate:30/06/1997 Exemptions (1) The Director may exempt any ship or class of ships from this Part or the load line regulations if he is satisfied that the sheltered nature and conditions of voyages undertaken by such ships make it unreasonable or impracticable to apply this Part or the load line regulations. (2) The Director may exempt any ship which embodies features of a novel kind from any of the provisions of this Part or the load line regulations the application of which may seriously impede research into the development of such features and their incorporation in ships engaged on international voyages. (3) The Director may, in relation to a ship which does not normally ply on international voyages but is, in exceptional circumstances, required to undertake a single international voyage, exempt the ship from this Part and the load line regulations while the ship is engaged on that voyage; but no exemption shall be conferred unless the Director is satisfied that the ship complies with such safety requirements as are, in his opinion, adequate for the voyage which is to be undertaken by the ship. (4) Any exemption conferred under this section may be conferred subject to such conditions as the Director thinks fit; and where any such exemption is conferred subject to conditions, the exemption shall not have effect unless those conditions are complied with. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 63 Issue of exemption certificates VerDate:30/06/1997 (1) Where the Director exempts a ship under section 62 he shall issue an International Load Line Exemption Certificate to the owner or master of the ship. (2) Any certificate issued under this section shall be in such form, and shall be issued in such manner, as may be prescribed by the load line regulations. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 64 Endorsement of exemption certificates VerDate:30/06/1997 While any certificate issued under section 63 is in force in respect of a ship, there shall be endorsed on the certificate such information relating to- (a) periodical inspections of the ship in accordance with the load line regulations; and (b) any extension of the period for which the certificate was issued, as may be prescribed by the regulations. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 65 Subdivision load lines VerDate:30/06/1997 Subdivision load lines (1) Where in pursuance of the passenger ship construction regulations a passenger ship registered in Hong Kong is marked with subdivision load lines, and the lowest of those lines is lower than the line which, apart from this subsection, would be the appropriate load line for the purposes of section 49, that section shall have effect as if that subdivision load line were the appropriate load line for the purposes of that section. (2) Where in pursuance of the passenger ship construction regulations, or in pursuance of the Convention or any law of any country made for the purpose of giving effect to the Convention, a passenger ship, not being a ship registered in Hong Kong, is marked with subdivision load lines, and the lowest of those load lines is lower than the line which, apart from this subsection, would be the appropriate load line for the purposes of section 59, that section shall have effect as if that subdivision load line were the appropriate load line for the purposes of that section. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 66 Miscellaneous and supplementary provisions VerDate:30/06/1997 Miscellaneous and supplementary provisions (1) Section 28 and section 32 shall have effect in relation to any certificate which can be issued under this Part as they have effect in relation to a certificate under Part II. (2) Any certificate issued under this Part shall be admissible in evidence. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 67 Offence in respect of dangerously unsafe ship VerDate:01/07/1997 PART V UNSAFE SHIPS AND DETENTION (1) If- (a) a ship in Hong Kong; or (b) a ship registered in Hong Kong which is in any other port, is, having regard to the nature of the service for which the ship is intended, unfit by reason of the condition of the ship's hull, equipment or machinery or by reason of undermanning or by reason of overloading or improper loading to go to sea without serious danger to human life, then, subject to subsection (2), the master and the owner shall each commit an offence and be liable to a fine of $500000 and to imprisonment for 2 years. (2) It shall be a defence in proceedings for an offence under subsection (1) to prove that at the time of the alleged offence- (a) arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters set out in subsection (1) which are specified in the charge; or (b) it was reasonable not to have made such arrangements. (3) A prosecution under this section may only be commenced by or with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997 ) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 68 Power to detain unsafe ships, and procedure for detention VerDate:30/06/1997 (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. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 69 Liability for costs and damages VerDate:01/07/1997 Amendments retroactively made-see 25 of 1998 s. 2 (1) If a court of survey is satisfied that a ship detained under section 68 was not unsafe at the time of detention the Crown shall be liable to pay to the owner of the ship- (a) his costs of and incidental to the detention and survey of the ship; and (b) compensation for any loss or damage sustained by him by reason of such detention and survey. (2) If a court of survey is satisfied that a ship detained under section 68 was unsafe at the time of detention the owner, agent or master of the ship shall be liable to pay to the Crown the costs of and incidental to such survey and detention. (3) For the purposes of this section the costs of and incidental to the detention and survey of a ship shall include- (a) a reasonable amount in respect of remuneration of- (i) the surveyor appointed under section 68(2); and (ii) the assessor (if any) approved under section 68(5); and (b) the costs of proceedings before a court of survey, to be determined, in case of any dispute, by the Registrar of the High Court. (Amended 25 of 1998 s. 2) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 70 Power to require security for costs from complainant VerDate:30/06/1997 Where a complaint is made to the Director that a ship for the time being in Hong Kong is unsafe within the meaning of section 67 he may require the complainant to give such security as the Director may determine for such costs and compensation as the Crown may become liable to pay in respect of the detention and survey of the ship: Provided that where the complaint is made by one-fourth, not being less than 3, of the seamen belonging to the ship and is not, in the opinion of the Director, frivolous or vexations- (a) such security shall not be required to be given; and (b) the Director shall cause the complaint to be investigated to determine whether he should make an order for the detention of the ship under section 68. (Amended L.N. 386 of 1993) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 71 General provisions in respect of detention order VerDate:30/06/1997 (1) A copy of any order for the detention of a ship made under section 68 and a copy of any order varying or adding to such order shall be served by the Director as soon as possible on the owner, agent or master of the ship. (2) For the purposes of any survey of a ship ordered under section 68, any person authorized to make the survey shall have all the powers conferred by section 115. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 72 Application of detention provisions to foreign ships VerDate:01/07/1997 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) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 73 Owners' obligation to secure safety of ships VerDate:30/06/1997 (1) In every contract of service, express or implied, between the owner of a ship registered in Hong Kong and the master or any seaman thereof, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner of the ship that- (a) the owner of the ship; (b) the master of the ship; and (c) every agent of the owner of the ship charged with- (i) the loading of the ship; (ii) the preparing of the ship for sea; or (iii) the sending of the ship to sea, shall use all reasonable means to ensure the safety of the ship for the voyage at the time when the voyage commences and to keep it in a safe condition during the voyage. (2) Nothing in this section shall subject the owner of a ship to any liability by reason of the ship being sent to sea in an unseaworthy state where, owing to special circumstances, the sending of the ship to sea in such a state was reasonable and justifiable. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 74 Appointment of courts of survey VerDate:30/06/1997 PART VI COURTS OF SURVEY (1) The Governor may, whenever the occasion may arise, appoint by warrant under his hand and the seal of Hong Kong a court of survey. (2) A court of survey shall consist of not less than 3 nor more than 5 members, of whom- (a) one shall be a judge, district judge or magistrate, who shall preside over the court; and (b) the remainder shall be masters of the British mercantile marine or persons of nautical, engineering or other special skill or knowledge. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 75 Procedure in respect of courts of survey VerDate:30/06/1997 (1) All proceedings before a court of survey shall be heard in open court. (2) Every member of the court may survey the ship subject of the proceedings and, for that purpose, shall have all of the powers conferred by section 115. (3) The court may order a ship to be surveyed and, for that purpose, may appoint, by majority vote in case of disagreement, any competent person to survey the ship and report thereon to the court. (4) The court shall have the same powers as are vested in the Director under this Ordinance to order that a ship be released or detained: Provided that unless a majority of the members of the court concur in an order for the detention of the ship the court shall order that the ship be released. (5) The owner, agent and master of any ship subject of the proceedings and any person appointed by the owner, agent or master of the ship may attend at any inspection or survey of a ship made or ordered by the court. (6) The court may make such order with respect to the cost of- (a) any proceedings before the court; and (b) any inspection or survey of a ship made or ordered by the court, which costs shall be recoverable as a civil debt. (7) The presiding officer of the court shall send to the Governor such report as may be directed by regulations made under section 109 and each other member of the court shall either sign the report or report to the Governor the reasons for his dissent. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 76 Nothing to affect admiralty jurisdiction of High Court VerDate:01/07/1997 Amendments retroactively made-see 25 of 1998 s. 2 Nothing in this Part shall either affect, or be deemed to affect, the admiralty jurisdiction of the High Court. (Amended 25 of 1998 s. 2) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 77 Observance of collision regulations VerDate:30/06/1997 PART VII SAFETY OF NAVIGATION (1) The owner, master and any person for the time being responsible for the conduct of a ship registered in Hong Kong- (Amended 56 of 1990 s. 5) (a) shall comply with the collision regulations; and (b) shall not- (i) carry or exhibit any other lights; or (ii) use any other sound-signals, other than such as are required by those regulations. (2) If any of the collision regulations is contravened by a ship, the owner of the ship, the master and any person for the time being responsible for the conduct of the ship shall each be guilty of an offence and liable to a fine of $20000. (Replaced 56 of 1990 s. 5) (3) It shall be a defence to a charge under subsection (2) for the person charged to prove that he took all reasonable precautions to prevent the contravention to which the charge relates. (Replaced 56 of 1990 s. 5) (4) The Director shall furnish a copy of the collision regulations to any master or owner of a ship who applies for it upon payment of the prescribed fee. (5) In this section "ship" (船、船舶) includes a junk and a trawler to which Part XII of the Merchant Shipping Ordinance (Cap 281) applies. (Added 56 of 1990 s. 5) "ship" (船、船舶) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 78 Assistance to be rendered in the event of collisions VerDate:30/06/1997 (1) Where two ships collide and either of those ships is registered in Hong Kong it shall be the duty of the master or person in charge of the ship registered in Hong Kong involved in the collision, if and so far as he can do so without danger to his own ship, crew and passengers (if any)- (a) to render to the other ship, the master, crew and passengers (if any) such assistance as may be practicable and may be necessary to save them from any danger caused by the collision, and to stay by the other ship until he has ascertained that there is no need of further assistance; and (b) to give to the master or person in charge of the other ship- (i) the name of his own ship; (ii) the name of the port to which it belongs; and (iii) the names of the ports from which it comes and to which it is bound. (2) If the master or person in charge of any ship involved in a collision fails without reasonable cause to comply with subsection (1)- (a) he commits an offence and is liable to a fine of $50000; and (b) if he is a certificated officer, an inquiry into his conduct may be held. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 79 Collision to be entered in official log-book VerDate:30/06/1997 (1) The master of any ship registered in Hong Kong involved in a collision shall, where it is practicable to do so, immediately after the occurrence of the collision, cause a statement thereof and the circumstances under which it occurred to be entered in the official log-book (if any) of the ship. (2) The entry referred to in subsection (1) shall be signed by the master and also by the mate or one of the crew. (3) If the master of a ship involved in a collision contravenes subsection (1) he commits an offence and is liable to a fine of $1000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 80 Report to Director of accidents to ships VerDate:30/06/1997 (1) Where any of the following casualties has occurred- (a) the loss or presumed loss, stranding, grounding, abandonment of or damage to a ship; (b) a loss of life or serious personal injury caused by fire on board or by any accident to a ship or a ship's boat, or by any accident occurring on board a ship or ship's boat; or (c) any damage caused by a ship, and, at the time it occurred, the ship was registered in Hong Kong, the owner or master of the ship shall, as soon as practicable, and in any case not later than 24 hours after the ship's arrival at the next port, submit to the Director a written report of the accident or damage. (2) The report referred to in subsection (1) shall- (a) give a brief description of the accident or damage; (b) state the time and place where it occurred; (c) state the name of the ship and its official number, its position at the time of the report and the next port of call; and (d) give the particulars of any other ship involved in the accident. (3) If the owner or master of a ship fails without reasonable excuse to comply with this section he commits an offence and is liable to a fine of $10000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 81 Notice of loss of Hong Kong ship to be given to the Director VerDate:30/06/1997 (1) If the owner or agent of any ship registered in Hong Kong has reason, owing to the non-appearance of the ship or to any other circumstance, to believe that the ship has been wholly lost he shall, as soon as practicable, submit a written report of the loss to the Director. (2) The written report referred to in subsection (1) shall specify- (a) the probable cause of the loss of the ship; and (b) the name of the ship and its official number. (3) Any owner or agent who fails to comply with this section commits an offence and is liable to a fine of $2000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 82 Report of dangers to navigation VerDate:16/06/2000 (1)-(2) (Repealed 56 of 1990 s. 6) (3) Every person in charge of a wireless telegraph station which is under the control of the Authority under the Telecommunications Ordinance (Cap 106), or which is established or installed under a licence issued by the Authority, shall, on receiving the signal prescribed by regulations made under section 100, regarding warnings of navigational dangers, for indicating that a message is about to be sent under those regulations- (Amended 56 of 1990 s. 6; 38 of 1993 s. 10; 36 of 2000 s. 28) (a) refrain from sending messages for a time sufficient to allow other stations to receive the message; and (b) if so required by the Director transmit the message in such manner as may be required by the Director. (4) Compliance with subsection (3) shall be deemed to be a condition of every licence issued by the Authority under the Telecommunications Ordinance (Cap 106) in respect of the establishment or installation of a wireless telegraph station. (Amended 38 of 1993 s. 10; 36 of 2000 s. 28) (5) (Repealed 56 of 1990 s. 6) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 83 Signals of distress VerDate:30/06/1997 (1) If the master of a ship uses or displays or causes or permits any person under his authority to use or display- (a) any signal prescribed by regulations made under section 100 except in the circumstances and for the purposes prescribed by regulations made under that section; or (b) any private signal, whether registered or not, which is liable to be mistaken for any signal prescribed by those regulations, he commits an offence and is liable to a fine of $20000 and shall further be liable to pay compensation for any labour undertaken, risk incurred or loss sustained in consequence of the signal having been supposed to be a signal of distress; and that compensation may, without prejudice to any other remedy, be recovered in the same manner as salvage. (Amended 56 of 1990 s. 7) (2) Nothing in section 82(3) shall interfere with the transmission of signals prescribed by regulations made under section 100. (3) In this section "ship" (船、船舶) includes a junk and a trawler to which Part XII of the Merchant Shipping Ordinance (Cap 281) applies. (Added 56 of 1990 s. 7) "ship" (船、船舶) MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 84 Obligation to assist vessels, etc. in distress VerDate:30/06/1997 (1) The master of a ship registered in Hong Kong, on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress, shall proceed with all speed to the assistance of the persons in distress (informing them if possible that he is doing so) unless he is unable, or in the special circumstances of the case considers it unreasonable or unnecessary, to do so, or unless he is released under subsection (3) or (4). (2) Where the master of any ship in distress has requisitioned any ship registered in Hong Kong that has answered his call, it shall be the duty of the master of the requisitioned ship to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress. (3) A master shall be released from the obligation imposed by subsection (1) as soon as he is informed of the requisition of one or more ships other than his own and that the requisition is being complied with by the ship or ships requisitioned. (4) A master shall be released from the obligation imposed by subsection (1) and, if his ship has been requisitioned, from the obligation imposed by subsection (2), if he is informed by the persons in distress, or by the master of any ship that has reached the persons in distress, that assistance is no longer required. (5) If a master fails to comply with subsection (1) or subsection (2), he commits an offence and is liable to a fine of $10000. (6) If the master of a ship registered in Hong Kong, on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress, is unable, or in the special circumstances of the case considers it unreasonable or unnecessary, to go to the assistance of the persons in distress, he shall forthwith cause a statement to be entered in the official log-book, or if there is no official log-book cause other record to be kept, of his reasons for not going to the assistance of those persons. (7) The master of every ship registered in Hong Kong for which an official log-book is required shall enter, or cause to be entered, in the official log-book every signal of distress or message that a vessel, aircraft or person is in distress at sea. (8) Any master who fails to comply with subsection (6) or (7) commits an offence and is liable to a fine of $2000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 85 Careful navigation near ice VerDate:30/06/1997 (1) The master of a ship registered in Hong Kong, when ice is reported on or near his course, shall at night either proceed at a safe speed or change his course so as to keep amply clear of the ice reported and of the area of danger. (2) The master of any ship who contravenes subsection (1) commits an offence and is liable to a fine of $10000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 86 Method of giving helm orders VerDate:30/06/1997 (1) No person on any ship registered in Hong Kong shall, when the ship is going ahead- (a) give a helm or steering order containing the word "starboard" or "right" or any equivalent of "starboard" or "right" unless he intends that the head of the ship shall move to the right; or (b) give a helm or steering order containing the word "port" or "left" or any equivalent of "port" or "left" unless he intends that the head of the ship shall move to the left. (2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $2000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 87 Offences in respect of dangerous goods VerDate:30/06/1997 PART VIII DANGEROUS GOODS (1) Any person who sends by, or, not being the owner or master of the vessel, carries in, any ship any dangerous goods without- (a) marking distinctly their nature on the outside of the container or package containing them; and (b) giving written notice of (i) the nature of such goods; and (ii) the name and address of the sender or carrier thereof, to the owner or master of the ship at or before the time of sending them to be shipped or taking the same on board the ship, commits an offence and is liable to a fine of $20000: Provided that if any such person satisfies the magistrate or court that he- (i) was an agent in the shipment of the goods; and (ii) was not aware of, and had no reason to suspect, that the goods shipped by him were dangerous goods, he is liable to a fine of $5000. (2) Any person who- (a) knowingly sends by, or carries in, any ship any dangerous goods under a false description; or (b) falsely describes the sender or carrier of any dangerous goods, commits an offence and is liable to a fine of $50000. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 88 Stowage of dangerous goods VerDate:30/06/1997 The owner or master of any ship may refuse to take on board any package or container which he suspects to contain dangerous goods and may require it to be opened to ascertain its contents. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 89 Forfeiture of dangerous goods VerDate:30/06/1997 (1) Where any dangerous goods- (a) have been sent or carried, or attempted to be sent or carried, on board any ship without- (i) being marked in accordance with section 87(1)(a); or (ii) a notice having been given in accordance with section 87(1)(b); (b) have been sent or carried, or attempted to be sent or carried- (i) under a false description; or (ii) with the name of the sender or carrier falsely declared, a magistrate or court may order that the dangerous goods be forfeited to the Crown and thereafter disposed of in such manner as he thinks fit. (2) A magistrate or court may make an order under subsection (1) notwithstanding that- (a) the owner of the dangerous goods- (i) may not have committed an offence under section 87 in respect of the dangerous goods; or (ii) may not be before the magistrate or court and may not have notice of the proceedings; or (b) there may be no evidence before the magistrate or court in respect of the ownership of the dangerous goods: Provided that the magistrate or court may require notice of such proceedings to be given to the owner or shipper of the dangerous goods before making an order for their forfeiture and disposal. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 90 Director may refuse clearance VerDate:30/06/1997 The Director may refuse a port clearance to any passenger ship if there are on board any dangerous goods which are not stowed to his satisfaction. MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 91 Power to deal with goods suspected of being dangerous VerDate:30/06/1997 When any dangerous goods, or any goods which in the opinion of the master or owner of the ship are dangerous goods, have been sent or brought aboard any ship without being marked in accordance with section 87(1)(a) or without any notice under section 87(1)(b) having been given, the master or owner may, having regard to all the circumstances, including the risk to persons and property on board the ship and the need to protect the marine environment, dispose of those goods together with any package or receptacle in which they are contained in such manner as he thinks fit; and neither the master nor the owner of the ship shall be subject to any liability, civil or criminal, for so disposing of