Hong Kong Regulations

MERCHANT SHIPPING (LOCAL VESSELS) (CERTIFICATION AND LICENSING) REGULATION - SECT 26

Person entitled to local vessel on owner’s death may be interim owner

(1) After the death of the individual named as the owner of a local
vessel in the certificate of ownership ("deceased owner"), if an application
is made under subsection (2) and the applicant satisfies the Director that the
applicant is a person mentioned in subsection (2), the Director —

   (a)  may make an endorsement on any certificate of ownership and on a
        full licence, temporary licence or permission for a laid-up vessel (as
        applicable) issued to the deceased owner in respect of the vessel to
        the effect that the applicant is the interim owner of the vessel; or

   (b)  may issue a certificate of ownership, and may issue a full  licence or
        temporary licence or grant permission for a laid-up vessel (as
        applicable), in which the applicant is named as the interim owner of
        the vessel.

(2) An application for the purpose of subsection (1) may be made by a person
referred to in section 12(1)(a) or (b) of the Ordinance—

   (a)  who is entitled to the vessel on the death of the deceased  owner
        (whether under a will of the deceased owner, on his intestacy, or
        otherwise); or

   (b)  whom all the persons having an interest in the estate of the
        deceased owner appoint in writing to operate the vessel.

(3) An application shall be made in writing and—

   (a)  shall contain—

        (i)    the name, shore address in Hong Kong and telephone number of
               the applicant;

        (ii)   the certificate of ownership number of the vessel;

        (iii)  if the applicant is an individual, a declaration made by the
               applicant that he is ordinarily resident in Hong Kong;

        (iv)   where an endorsement as to a mortgage of or as to a
               hire-purchase agreement for the vessel is made on the
               certificate of  ownership, the written consent to the applicant
               being named as interim owner of the vessel, signed by each
               party, other than the deceased owner, to the mortgage or
               hire-purchase agreement (as the case may be); and

   (b)  shall be accompanied by—

        (i)    the document of identification of the applicant, or a certified
               copy of it, and proof for the claim that the applicant is a
               person referred to in subsection (2);

        (ii)   in the case of an application for endorsement or issue of a
               full licence or temporary licence under subsection (1), such
               policy of insurance in respect of third party risks as is
               required for the vessel under Part VA of the Ordinance, or a
               certified copy of that policy of insurance; and (24 of 2005 s.
               29)

        (iii)  the prescribed fee.

(4) The Director may require an applicant to provide such other information
and documents as may be reasonably required for determining the application.

(5) If the Director refuses an application under subsection (2), he shall
notify the applicant of the refusal and the reasons therefor. (L.N. 63 of
2004)