MERCHANT SHIPPING ORDINANCE

MERCHANT SHIPPING ORDINANCE

LAWS OF HONG KONG

MERCHANT SHIPPING ORDINANCE

CHAPTER 281





CHAPTER 281

MERCHANT SHIPPING ORDINANCE

ARRANGEMENT OF SECTIONS

Section ..................................Page

1. Short title............................. ... ... ... ... ... ... ... ... ... 4
2. Interpretation.......................... ... ... ... ... ... ... ... ... ... 4

PART 1

REGISTRATION AND LICENSING OF SHIPS

3. Certificate or licence required by all ships trading in Colony ... ... ... ... 6

PART 11

4. [Repealcd] ............................. ... ... ... ... ... ... ... ... 7

5. Scale of certificated officers and other seamen ... ... ... .... ... ... 7

5A............Rating as A.B . ............. ... ... ... ... ... ... ... ... ... ... 8

5B. Certificates as A.B. granted in other parts of Commonwealth ... ... ... ... 9

6. Certificates of competency ............. ... ... ... ... ... ... ... ... 9

6A. Standards of competency of officers and other seamen ... ... ... ... ... 10

7. Forgery, etc. of certificate .............. ... ... . ... ... ... ... ... 11

8. Certain exemptions ..................... ... ... ... ... ... ... ... ... 12

PART 111

ENGAGEMENT AND DISCHARGE OF CREW

9. Mercantile Marine Office ............... ... .... ... ... ... ... ... ... 12

10.......................Agreement to be made with seamen ... ... ... ... ... ... ... ... 12
11.......................Fees upon engagement and discharge ... ... ... ... ... ... ... ... 13

12. Procedure upon discharge, and provision for seamen left behind or remaining in

Colony . . . ..................... ... ... ... ... ... ... 13

13. Protection from process ............... ... ... ... ... ... ... 14

14. Relief of distressed seamen belonging to ship registered in the Colony ... ... 14

14A.................Removal of discharged seamen ... ... ... ... ... ... ... ... ... ... 15

PART IV

DESERTION AND OTHER OFFENCES

15. Apprehension and detention of seamen who desert, etc. ... ... ... ... ... 15

16................Offence against discipline ... ... ... ... ... ... ... ... ... ... ... 17

PART V

HEALTH AND ACCOMMODATION, AND PROPERTY OF DECEASED SEAMEN







17. Ship to carry medicines, medical stores, etc., in accordance with scale ... ... 19

18.......................Regulations as to crew accommodation ... ... ... ... ... ... ... ... 19
19.......................Penalty on master for filthy condition of ship ... ... ... .... ... ... 21

20..............Medical inspection ........ ... ... ... ... ... ... ... ... ... ... 21

21....................Death or desertion to be reported ... ... ... ... ... ... ... ... ... 21

22. Property of deceased seamen to be delivered to Director ... ... ... ... ... 21





Section Page

PART VI

SURVEY OF PASSENGER AND OTHER SHIPS AND CERTIFICATES THEREOF

23-34. [Repealed] ............................ ... ... ... ... ... ... ... 22

34A. Forfeiture of ships .................. ... ... ... ... ... ... ... ... 221

34B. Determination of applications for forfeiture ... ... ... ... ... ... ... 231

34C. Claims for return of forfeited ships .... ... ... ... ... ... ... ... ... 24
34D. Expiry of sections 34A, 34B and 34C .. ... ... ... ... ... ... ... ... 25

35-37. [Repealed] ............................ ... ... ... ... ... ... ... ... 25

PART 11

Repealed

PART VIII

MARINE COURTS AND COURTS OF SURVEY

50A...........Interpretation .................. ... ... ... ... ... ... ... ... ... 25
51............Preliminary inquiry ............. ... ... ... ... ... ... ... ... ... ... 25

52................................Governor may appont marine court; constitution, etc. ... ... ... 25

53.............................Enumeration of casualties, causes for inquiry, etc. ... ... ... ... ... 26

54...........................Penalty for refusing to attend as a witness, etc. ... ... ... ... ... ... 27
55...........................Grounds for cancellation or suspension of certificate ... ... ... ... ... 27

56.......................Provisions for re-hearing and appeal ... ... ... ... ... ... ... ... 28

57................Further powers of court ..... ... ... ... ... ... ... ... ... ... ... 29

58.......................Regulations as to procedure, fees, etc . ... . 1 . ... ... ... ... ... 29

59-60. [Repealed].............................. ... ... ... ... ... ... ... ... 30

PARTS IX, X and XI

[Repealed]

PART XII

TRAWLERS

91. Interpretation..................... ... ... ... ... ... ... ... ... ... 30

92...........................Certificates of competency as trawling masters ... ... ... ... ... ... 30

93. Voyages without certificated officers ... ... ... ... ... ... ... ... ... 31

A R PART VII 1

[Repealed

94.....................Regulations applicable to trawlers ... ... ... ... ... ... ... ... ... 31

94A.............................Certificates of competency for trawling masters, etc . ... ... ... ... ... 32







95..................................Application of other provisions of the Ordinance to trawlers ... ... ... 33

PARTS XIII and XIV

[Repealed]





Section Page

PART XIVA

COMPULSORY INSURANCE FOR PLEASEURE VESSELS
107B................................. ... ... ... ... ... ... 34

107C. Obligation on users of pleasure vessels to be insured against third party risks 34

107D. Requirements in respect of policies ..... ... ... ... ... ... ... ... ... 34

107E. Certain conditions to policies to be of no effect ... ... ... ... ... ... 35

107F. Duty of insurers to satisfy judgments against persons insured in respect of third

party risks .............................. ... ... ... ... ... ... ... 35

107G. Bankruptcy, etc., of insured persons not to affect certain claims by third parties 37

107H. Avoidance of restrictions on scope of policies covering third party risks ... 37

107I. Duty of person against whom claims are made to give information as to insurance 38

107J.......................Requirements as to production of policy ... ... ... ... ... ... ... 38

107K............Records of insurance .......... ... ... ... ... ... ... ... ... ... ... 38
107L............Termination of policy ......... ... ... ... ... ... ... ... ... ... ... 39

107M. Production of proof of insurance on application for pleaseure vessel licence or on
production of licence following transfer of ownership of pleasure vessel

107N. Offences and penalties .................. ... ... ... ... .1 . ... ... 39

PART XV

DETENTION OF SHIP IN CERTAIN EVENTS

108......................Power to detain ship in certain cases ... ... ... ... . ... ... 39

109......................Penalty for taking detained ship to sea ... ... ... ... ... ... ... ... 40

110. Notice to be given to nearest consular officer where proceedings taken in respect of

a foreign ship ........................... ... ... ... ... ... ... ... 40

PART XVI

EVIDENCE, REGULATIONS AND FEES

ill.........[Repealed] ........................ ... ... ... ... ... ... ... ... 40

112. Use of official log and articles of agreement as evidence ... ... ... ... ... 40

113.............Service of documents .......... ... ... .. ... ... ... ... ... ... ... 41

114.................Regulations. General powers ... ... ... ... ... ... ... ... ... ... 41

115........................Payment of remuneration to certain persons ... ... ... ... ... ... ... 42

116.........[Repealed] ........................ ... ... ... ... ... ... ... ... ... 43

PART XVII

APPLICATION, EXEMPTIONS AND CONSEQUENTIAL PROVISIONS

117..........................Modified application of Merchant Shipping Acts ... ... ... ... ... ... 43







118....................Dispensing power and exemption ... ... ... ... ... ... ... ... ... 43
119. Regulations 44

120. Validation ... ... ... ... ... ... ... ... ... ... ... ... ... . ... ... 44





CHAPTER 281

MERCHANT SHIPPING

To consolidate and amend the law relating to merchant shipping, to remove
anomalies and out-moded provisions therefrom, and 1 incorportate
therein amendments consequential upon the application to the
Colony of the Merchant Shipping (Safety Convention) Act 1949.



[30 October 1953.]

1. This Ordinance may be cited as the Merchant Shipping Ordinance.

2. In this Ordinance, unless the context otherwise requires

,,accepted Safety Convention certificate' has the meaning assigned to it by section
14 of the Merchant Shipping (Safety Convention Act 1949; (Added, 37 of
1959, s. 2)

'crew' means seamen and apprentices; (Added, 54 of 1982, s. 2)

'crew accommodation' includes sleeping rooms, mess rooms, sanitary
accommodation, hospital accommodation, recreation
accommodation, store rooms and catering accommodation provided for
the use of crew but does not include any accommodation which is also
used by or provided for the use of passengers; (Added, 54 of 1982,
s. 2)

'Director' means the Director of Marine and includes any person deputed or
authorized by the Director to execute any power or perform any duty
vested in or imposed upon him hereunder;

'international collision regulations' means the regulations made under section
418 of the principal Act;

'junk includes lorcha and any vessel of Chinese or other Asiatic build,
construction or rig whether such vessel is of a sea going type or
not and whether mechanically propelled or not;





Iorcha' includes any vessel

(a)of European build and construction, but of Chinese or other
Asiatic rig; or

(b)of Chinese or other Asiatic build and construction, but of
European rig;

'master' includes every person (except a pilot) having command or
charge of any ship;

'Merchant Shipping Acts' means the Merchant Shipping Acts 1894 to
1979, and any enactment of the United Kindgom Parliament
amending the same or in replacement thereof and includes all
regulations made thereunder; (Amended, 47 of 1979, s. 2)

'Minister' means the Minister of Transport of the United Kingdom and
includes the Board of Trade and any other body or person who
carries out or has carried out functions similar to those carried out
by the Minister of Transport under the Merchant Shipping Acts;

'officer' means the holder of of a certificate of competency or of
service issued under the Merchant Shipping (Certification of
Officers) Regulations; (Added.62 of 1981, s. 2. Amended, 30 of 1984, s.3.)

'passenger' means any person carried in a vessel except
(Amended, 76 of 1978, s. 81)

(a)a person employed or engaged in any capacity on board the
vessel on the business of the vessel;

(b)a person on board the vessel either in pursuance of the
obligation laid upon the master to carry shipwrecked,
distressed or other persons, or by reason of any
circumstances that neither the master nor the owner could
have prevented or forestalled; and

(c) a child under 1 year of age;

'Port Health Officer' includes the Director of Medical and Health Services and
any officer for the time being performing the duties of
Port Health Officer;

'port of the Colony' and 'port' where by the context a port out of
the Colony is not indicated, mean a place declared to be such
under the Shipping and Port Control Ordinance; (Amended, 76 of 1978, s.81)

'principal Act' means the Merchant Shipping Act 1894;

'river trade limits' means

(a)the waters in the vicinity of the colony within the following
boundaries

(i) to the East, meridian 114 30' East;

(ii) to the South, parallel 22' 09' North;







(iii) to the West, meridian 113' 31' East; and





(b)all inland waterways in the provinces of Kwangtung and
Kwangsi on the mainland of China to which access can be
obtained by water from the area defined in paragraph (a);
(Replaced, 17 of 1965, s. 2)

'Safety Convention country' and 'Safety Convention ship' bear the
meanings attributed in section 36 of the Merchant Shipping (Safety
Convention) Act 1949, to the expressions 'country to which the
Safety Convention applies' and 'Safety Convention ship'
respectively; and the expression 'non-Convention country' means
a country to which such Safety Convention does not apply;
(Replaced, 37 of 1959, s. 2)

'seaman' includes every person (except masters, pilots, and
apprentices duly indentured and registered) employed or engaged
in any capacity on board any ship;

ship' (except where section 50A applies) includes any description of
vessel used in navigation not propelled by oars but excludes junks
and lorchas whether mechanically propelled or not: (Amended, 64 of
1980, s. 2)

Provided that a mechanically propelled junk or lorcha shall
not be deemed by this provision to be excluded from the definition
of ship for the purposes of the international collision regulations;

steamer' or 'steamship' includes any vessel propelled by steam, and
subject to any modification that may be prescribed by regulation
shall include a vessel propelled by electricity or other mechanical
power;

'tons' and 'tonnage' mean tons and tonnage as calculated according
to British measurement of registered tonnage;

,'vessel' includes

(a)any ship or boat or junk or any other description of vessel
used in navigation; and

(b)any floating dry dock, floating workshop or floating
restaurant. (Replaced, 35 c?f 1975, s. 2)

PART I

REGISTRATION AND LICENSING OF SHIPS

3. (1) Every ship trading outwards from the Colony or trading or being used for any other
commercial purpose in the waters of the Colony must be provided with -

(a) a certificate of registry in conformity with the Merchant Shipping Acts; or

(b) a certificate of foreign registry or other document similar or equivalent to that
required in the case of a British ship; Provided that in the case of any such ship which is not required to be provided with
a certificate referred to in paragraph (a) or which is not provided with a certificate
referred to in paragraph (b) it shall be sufficient if such ship is provided with a licence
granted in accordance with regulations made under Part IV of the Shipping and Port Control
Ordinance. (Replaced, 17 of 1965, s.3. Amended, 76 of 1978, s.81)

(2) Every register or certificate authorized or required by this section, may be proved
either by the production of the original, or by a copy thereof purporting to be certified
under the hand of the Registrar of Shipping, or Registrar of British ships appointed to act
in the Colony under the Merchant Shipping Act, or other person who may happen to have charge
of the original, which certified copy he is hereby required to furnish to every person
applying at a reasonable time for the same and paying therefor such fee as shall be
prescribed by regulations. Every document when so proved shall be received as prima facie
evidence of all matters therein recited, stated or appearing.

PART II

COMPETENCY OF MASTERS AND CREW AND CERTIFICATES THEREOF

4. [Repealed, 62 of 1981, s.3.]

5. (1) The Governor in Council may make regulations for all or any of the following matters-

(a) the number of officers and other seamen required to man ships, including different
provisions in respect of particular ships, or classes of ships, and ships carrying
particular cargoes, or particular classes of cargoes, or proceeding on particular voyages,
or particular classes of voyages; (Amended, 30 of 1984, s.3)

(b) the qualifications, experience and any other qualities required of officers and other
seamen manning ships; (Amended, 30 of 1984, s.3)

(c) the number of officers and other seamen with different qualifications, experience or any
other qualities required to man ships, including different provisions in respect of
particular ships, or particular classes of ships, and ships carrying particular voyages or
particular classes of voyages; (Amended, 30 of 1984, s.3)

(d) the power of the Director to grant exemptions from the application of the regulations in
respect of any case or class of case;




(e)the qualifications, experience and other qualities required of officers
and other seamen acting in particular stations in ships; (Amended, 30
of 1984, s. 3 and L.N. 100184)

(f)the circumstances in which, and the conditions under which, ships
may proceed on a voyage without a particular number of officers or
other seamen or a particular class of officers or other seamen;
(Amended, 30 of 1984, s. 3)

(g)the circumstances in which, and the conditions under which, an officer
or other seaman may act in a station in a ship in respect of which he
is not qualified; (Amended, 30 of 1984, s. 3)

(h)the power of the Director to make rules relating to the manning of
ships;

(i)the making of false pretences, the supplying of false information, the
improper use of cerificates or the contravention of specified
provisions of any regulation made under this subsection to be an
offence and to provide penalties for any such offence not exceeding a
fine of $100,000 and imprisonment for 2 years; and

(j)generally, provisions in respect of the manning of ships by officers
and other seamen. (Replaced, 62 of 1981, s. 4. Amended, 30 of 1984,
s. 3)

(2) [Deleted, 76 of 1978, s. 811

(3) The master of a ship, on signing the agreement with the crew before
the Superintendent of the Mercantile Marine Office shall produce to him the
certificates of competency or of service which the master, officers and other
seamen on the ship are required to hold under any regulations or rules
made under this section (Amended, 62 of 1981, s. 4 and 30 of 1984, s. 3)

(4)-(6) [Deleted, 62 of 1981, s. 4]

(Amended, 17 of 1965, s. 4 and 73 of 1974, s. 12)

5A. (1) A seaman engaged to be entered in any Birtish h ship registered in
Hong Kong shall not be rated as A.B. (that is to say, an able bodied seaman)
unless he is the holder of a certificate of competency.

(2) The Superintendent of the Mercantile Marine Office or other officer
authorized by him before whom a seaman is engaged to be entered in any British
ship registered in Hong Kong shall refuse to enter the seaman as A.B. on the
agreement with the crew unless the seaman produces a certificate of competency
or such other proof that he is the holder of such a certificate as may appear to
the Superintendent or other officer authorized by him to be satisfactory.

(3) In this section 'certificate of competency' means a certificate of
competency as A. B.-

(a) granted in accordance with rules made under section 6; or





(b)having, by virtue of an order under section 5B, the same
effect as if so granted.

(4) Section 126 of the principal Act and section 58 of the
Merchant Shipping Act 1906 shall cease to have effect in relation to
any seaman for the time being engaged in a B~ ship registered in
Hong Kong.
(Added, 53 of 1978, s. 2)

5B. Where provision is made by the law of any part of the
Commonwealth, other than Hong Kong, for the grant of certificates
of competency as A.B., and the Director reports to the Governor
that he is satisfied that the conditions under which such a certificate
is granted require standards of competency not lower than those
required for the grant of a certificate of competency as A.B. under
rules made under section 6, the Governor may by order published in
the Gazette direct that the certificates granted in that part of the
Commonwealth shall have the same effect for the purposes of this
section and sections 5A and 6 as if they had been granted under such
rules.
(Added, 53 of 1978, s. 2)

6. (1) The Director shall cause examinations to be conducted
in respect of persons in the mercantile marine who wish to obtain
certificates of competency as seamen, other than officers, of the
prescribed classes, and shall appoint examiners for that purpose.
Every such appointment shall be notified in the Gazette. (Amend-
ed, 62 of 198 1, s. 5)

(2) The Director of Marine may make rules prescribing or
providing for-

(a)classes of seamen, other than officers, for the purposes of
subsection (1); (Amended, 62 of 1981, s. 5)

(b)the standards of competency to be attained and other
conditions to be satisfied (subject to any exceptions allowed
by or under the rules) by candidates for any examination
conducted under subsection (1);

(C)the procedure for and the method of conducting any such
examinations;

(d)the subjects to be taken at any such examination or the
manner in which those subject are to be specified;

(e) fees and forms in relation to any such examination; and

the method of granting certificates of competency and
copies of such certificates.

(2A) Rules made under subsection (2) in respect of the grant of
certificates of competency as A.B. shall direct that no such certificate
shall be granted to any person unless-





(a)he has reached such minimum age as may be prescribed; and

(b)he has performed such qualifying service at sea as may be
prescribed; and

(c) he has passed such examination as may be prescribed:

Provided that such rules may authorize the grant of such a
certificate to any person, notwithstanding that he has not complied with
the conditions aforesaid, if he shows, in such manner as may be
prescribed, that he was serving as A.B., or in an equivalent or superior
deck rating, on the date on which the rules came into force, or has so
served at any time before that date. (Added, 53 of 1978, s. 3)

(3) The Director may publish any rules made under subsection (2)
in such manner as he thinks fit, and shall, on payment of the
appropriate charge, provide a copy of the rules to any person who
applies to him in that behalf.

(4) The grant of a certificate of competency shall be subject to
production of evidence of experience and ability to the satisfaction of
the Director, and the Director may refuse to accept an application for
examination unless such evidence is first produced. (Amended, 62 of
198 1, s. 5)

(5) [Deleted, 62 of 1981, s. 51

(Amended, 73 of 1974, s. 2)

6A. (1) The Governor in Council may make regulations for all or
any of the following matters

(a) the classes of officers and of other seamen in the mercantile
marine;

(b)the classes of certificates of competency or of services
required in respect of each class of officer or of other seaman;

(c) the standards of competency to be attained and other
conditions to be satisfied to qualify an officer or other

vie
seaman for the grant of any particular class of certificate

(d)examinations as a test, or part of a test, for the grant of any
particular class of certificate

(e)the method of granting certificates and the issue of certificate
and copies of certificates by the Director;

m) M

the recognition of other qualifications as equivalent to
certificates By the Director;

issued by

(g)the additional training, experience and other qualifications
required for officers and other seamen manning particular
ships, or particular classes of ships, or ships carrying
particular cargoes, or particular classes of cargoes, or
proceeding on particular voyages, or particular classes of
voyages;







(h)the endorsement of certificates with any particular
qualification or limitation;



(i) the suspension and cancellation of certificates;.,

(j)the power of the Director to make rules in respect of the
standards of competency to be attained and other conditions to
be satisfied to qualify an officer or any other seaman for the
grant of a particular class of certificate the manner in which such
attainment and satisfaction is to be

established and the publication of the rules;

(k) the making of false pretences, the supplying of false
information, the improper use of certificates or the travention
of specified provisions of any regulation made
under this subsection to be an offence and to provide
penalties for any such offence not exceeding a fine of
$100,000 and imprisonment for 2 years; and

(1)generally, provisions in respect of the qualifications and other
qualities of officers and other seamen in the mercantile marine.
(Amended, 30 of 1984, s. 4)

(2) The Director shall conduct the examinations prescribed by the
regulations made under subsection (1) and, for that purpose, subject to
such regulations- (Amended, 30 of 1984, s. 4)

(a)shall appoint examiners and notify the appointments in the
Gazette; and

(b) may make rules for all or any of the following matters-

(i) the conditions to be satisfied by candidates to make
themselves eligible to sit the examinations;

(ii) the procedure for the conduct of examinations;

(iii) the subjects and syllabi in respect of the examinations.

(3) The Director may publish the rules made under subsection (2)
in such manner as he thinks fit and shall, on payment of the appropriate
fee,- provide a copy of the rules to any person.



(4) The grant of a certificate of competency or of services shall be
subject to production of evidence of sobriety, experience, -ability and
general good conduct on board ship to the satisfaction of the Director
and the Director may refuse to accept an application for examination
unless such evidence is first produced.

(Added, 62 of 1981, s. 6)

7. (1) Any person who

(a)makes, assists in making or procures to be made any false
representation for the purpose of procuring, either for himself
or for any other person, a certificate of competency; or





(b)fraudulently uses a certificate or copy of a certificate of
competency which has been forged, altered, cancelled or
suspended or to which he is not entitled; or

(c)fraudulently lends his certificate of competency or allows it to
be used by any other person,

shall be guilty of an offence and shall be liable on conviction to a fine of
$50,000 and to imprisonment for 2 years. (Amended, 17 of 1965, s. 5 and 73
of 1974, s. 12)

(2) In this section, 'certificate of competency' means a certificate
of competency or of service other than one issued under the
regulations made under section 6A. (Added, 62 of 1981, s. 7)

(3) Where a person is convicted of an offence under subsection (1)
or of a conspiracy to commit such an offence or of a conspiracy to
defraud in relation to a certificate of competency, the Director may
cancel, or suspend for any period, the certificate of competency held by
such person. (Added, 62 of 1981, s. 7)

8. Nothing in the previous sections or in any other enactment shall be deemed to
prevent the employment, as master or officer of any grade in a British ship, of the subject
of any such foreign state as may be specified by the Governor in Council, if the Governor
shall have granted such person a written authority to act in such capacity.

PART III

ENGAGEMENT AND DISCHARGE OF CREW

9. (1) The Governor may appoint a place to be called the Mercantile Marine office at which
place shall be conducted all the business within the Colony connected with the engagement
and discharge of seaman on board British ships and foreign ships whose flag is not
represented by a consular officer resident in the Colony such ships being in the waters of
the Colony. The Director shall be the Superintendent of the Mercantile Marine Office.

(2) No seaman shall, except with the sanction of the Director, be engaged to do duty on
board a British ship, or any foreign ship whose flag is not represented by a consular officer
resident in the Colony, elsewhere than at the Mercantile Marine Office. The Superintendent
shall require the production of a certificate of discharge from such seaman's last ship, and
failing production such seaman shall be bound to give a satisfactory explanation to the
Director of the cause of such non-production.

10. (1) The master of every British ship, and of every foreign ship whose flag is not
represented by a consular officer resident in the Colony, shall enter into an agreement with
every seaman whom he engages in the Colony and carries to sea as one of his crew, in the
form and manner provided by the Merchant Shipping Acts:




Provided that

(a)such agreement may be made for a voyage or, if the voyages
of the ship average less than 6 months in duration, may be
made to extend over 2 or more voyages, and an agreement so
made to extend over 2 or more voyages shall be referred to as a
running agreement; and

(b) a running agreement shall not be for a longer period than
6 months or the first arrival of the ship at her port of destination in the Colony after
her port of destination in the Colony after the expiration of that period, or the discharge
of cargo consequent on that arrival.

(2) The master of any such ship who carries any seaman to sea
without entering into an agreement with him in accordance with this
section shall be guilty of an offence and shall be liable on conviction to
a fine of $10,000 and to imprisonment for 6 months. (Amended, 17 of 1965,
s. 6 and 73 of 1974, s. 12)

11. (1) The Governor in Council may by regulation prescribe the
fees which shall be payable upon all engagements and discharges.

(2) The Superintendent shall cause a scale of such fees together
with a copy of this section, to be conspicuously exhibited in the
Mercantile Marine Office, and may require the payment of such fees
before proceeding with any engagement or discharge.

(3) The master of a ship engaging or discharging any seaman at
the Mercantile Marine Office shall pay to the Superintendent the whole
of the requisite fees.



12. (1) No master shall discharge in the Colony any seaman
from any ship, British or foreign without the sanction of the
Director or of the consular officer, if any, representing the nation to
which such ship belongs, and unless due provision is made for the
subsistence and maintenance of such seaman. to the satisfaction of
the Director in the case a of a British ship or of a foreign ship whose
flag is not represented in the colony by a consular officer or to the
satisfaction of such consular officer in the case of a foreign ship
whose flag is so represented, and any master who discharges a
seaman in contravention of this subsection shall be guilty of an
offence and shall be liable on conviction to a fine of $10,000 and to
imprisonment for 6 months: (Amended, 17 of 1965, s. 7 and 73 of
1974, s. 12)

Provided that no such provision shall be necessary in respect of
any seaman who was engaged in the Colony or any seaman who being a native of Hong Kong
or South China is discharged in accordance with the terms of his agreement.

Any seaman who wilfully or negligently remains in the Colony after the
departure of his ship shall be guilty of an offence and shall be liable on
conviction to a fine of $5,000 and to imprisonment for 3 months.
(Amended, 17 of 1965, s. 7 and 73 of 1974, s. 12)





(3) No seaman shall except with the sanction of the Director be
discharged from British ship, or any foreign ship whose flag is not
represented by a consular officer resident in the Colony elsewhere
than at the Mercantile Marine Office.

(4) Whenever any seaman is disch eda at the Mercantile Marine
Office from any ship within the Colony the master of such ship shall
give to such seaman at the time of such discharge a written certificate
of discharge, specifying the time and nature of service, and the time of
discharge of such seaman, signed by himself, and shall give him a true
account in writing of his wages and of all deductions therefrom.

(5) Any master or any other person belonging to any British ship
who wrongfully forces on shore an lea leaves behind, or otherwise
wilfully and wrongfully leaves behind in the Colony any seaman or
apprentice belonging to such ship before the completion of the voyage
for which such seaman or apprentice was engaged, shall be guilty of an
offence and shall be liable on conviction to a fine of $10,000 and to
imprisonment for 6 months. (Amended, 17 of 1965, s. 7 and 73 of 1974, s. 12)

(6) Where a master or other person is convicted of an offence
against subsection (5), the court may, in addition to any penalty it may
impose in respect of the offence, order the offender to pay any costs
incurred by the Hong Kong Government in transporting the seaman or
apprentice in respect of whom the offence was committed to any place
outside Hong Kong; and the amount so ordered to be paid may be
recovered in the same manner as a fine. (Added, 73 of 1974, s. 12)

13. No seaman who has been actually shipped on board any
vessel in compliance with this Ordinance shall, during the time for
which he is then shipped, be liable to be arrested on civil process,
unless the debt or demand exceeds the sum of $500:

Provided that by the term 'seaman' in this subsection shall be
meant only a person who has, within the space of 6 months previously,
served on board a ship for wages as a seaman, and that the protection
from arrest hereby granted shall not be held to extend to any person
not coming within such definition, or in any case to masters, mates or
engineers.

14. (1) All expenses incurred under the provisions of the
Merchant Shipping Acts in the relief of distressed seamen who, at
the time of such relief being granted, have last served in a ship
registered in the Colony, and all expenses incurred in the United
Kingdom in relieving and returning to the Colony all distressed
seamen who last served in such ship, shall be borne by the revenue of
the Colony.

(2) The Governor may order the payment out of the general 9
revenue of all expenses incurred in the Colony for the relief of such
seamen as aforesaid under the provisions of the said Acts or of any
regulations in that behalf which may be made by the Governor in
Council.





(3) The Governor may order the repayment out of the general
revenue of all sums expended under the provisons of the said Acts by
the United Kingdom Government or by the Shipwrecked Mariners
Society or by the Government of any country of the Commonwealth, or
by any British consular officer in any foreign country, in and about the
relief of such seamen as aforesaid, and such sums shall be refunded in
such manner as the Governor may think fit or as a Secretary of State
may direct.

14A. (1) Except with the permission of the master of the ship, no
seaman who has been lawfully discharged from his ship shall be or
remain on board the ship.

(2) Any seaman who, having been lawfully discharged from his
ship, does not leave the ship on being requested so to do by the
master may be removed from the ship by an authorized officer.

(3) In this section 'authorized officer' means any police officer of
the rank of inspector or above and any officer of the Marine
Department of the rank of Assistant Marine Officer or above.

(Added, 9 of 1973, s. 2)

PART IV

DESERTION AND OTHER OFFENCES

15. (1) If any seaman or apprentice belonging to the crew of
any British ship deserts therefrom or absents himself from his duty
while the ship is within the waters of the Colony, it shall be lawful
for any police officer, or for the master or person in charge of the
ship, or for any one specially deputed by such master or person in
charge, to arrest such seaman or apprentice without warrant and
convey him before a magistrate, and in case such seaman or
apprentice refuses to return to his duty on board the ship or does not
give a sufficient reason for such refusal, the magistrate may order
such seaman or apprentice to be put forcibly on board the ship or
to be confined in any prison or other place of security within the
Colony, for any period until he can be put on board the ship when
the ship leaves the port or until he is demanded by the master of the
ship:

Provided that the said period of confinement shall not in the
absence of such departure or demand exceed 3 months.

(2) If any seaman or apprentice deserts when within the waters
of the Colony from a merchant ship belonging to a subject of any
foreign country to which an Order in Council has declared that
section 238 of the principal Act shall apply, any court, justice, or
officer who would have had cognizance of the matter if the seaman
or apprentice had deserted from a British ship shall on the applica-
tion of a consular officer of the foreign country aid in apprehending
the deserter, and for that purpose may on information given upon
oath issue a warrant for his apprehension, and on proof of the





desertion order him to be conveyed on board his ship or delivered to the
master or mate of his ship, or to the owner of the ship or his agent to be
so conveyed, and any such warrant or order may be executed
accordingly. Any person who harbours or secretes any deserter liable to
be apprehended under this subsection, knowing or having reason to
believe that he has deserted, shall be guilty of an offence and shall be
liable on conviction to a fine of $10,000 and to imprisonment for 6
months. (Amended, 17 of 1965 s. 8 and 73 of 1974, s. 12)

(3) A magistrate, on complaint of the master of any British
ship to the effect that he has reasonable cause to believe that any seaman
who has deserted while such ship is within the waters of the Colony is
harboured, secreted or concealed, or suspected to be harboured,
secreted or concealed, on board any other ship, boat or other vessel or
in any house or place whatsoever, may issue a warrant directing a police
officer to search such ship, boat or other vessel, or such house or place,
and to lodge such seaman in any police station, and any such seaman shall with all
convenient speed be brought before a magistrate to be dealt with as is
hereinbefore directed.

(4) Any person who-

(a)harbours, conceals, employs or retains, or assists in
harbouring, concealing, employing or retaining, any seaman
belonging to the crew of any British ship who has deserted
therefrom or otherwise absconded or absented himself from
duty while such ship is within the waters of the Colony, knowing
such seaman to have deserted, absconded or absented
himself from duty; or

(b)causes, induces or persuades, or attempts to cause, induce or
persuade, any such seaman in any manner whatsoever to
violate or to attempt to violate any agreement which he may
have entered into to serve on board any such ship; or

(c)knowingly connives at the desertion, absconding or absence
from duty of any such seaman,

shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000 and to imprisonment for 6 months. (Amended, 17 of 1965, s. 8 and
73 of 1974, s. 12)

(5) The Director before granting a port clearance to any ship may, if
he has reasonable grounds for believing that any deserter is concealed
on board such ship, proceed on board thereof. and then and there
require the master to institute due and diligent search for such deserter,
and further if he deems it necessary require the master to make a
statutory declaration that to the best of his knowledge and belief after
due and diligent search no such deserter is concealed within or about
his ship. (Amended, 17 of 1965, s. 8 and 73 of 1974,s. 12)





(6) Any master of a ship who refuses to comply, or unnecessarily
delays compliance, with any requirement made under subsection (5)
shall be guilty of an offence and shall be liable on conviction to a fine
of $10,000 and to imprisonment for 6 months. (Added, 73 of 1974, s. 12)

(7) Any master of a ship who makes a statutory declaration under
subsection (5) containing a statement which to his knowledge is false
or misleading as to a material particular, shall be guilty of an offence
and shall be liable on conviction to a fine of $50,000 and to
imprisonment for 2 years. (Added, 73 of 1974, s. 12)

16. (1) Subject to subsection (IB), any seaman or apprentice
lawfully engaged on a ship who, in Hong Kong

(a) deserts his ship;

(b)neglects, or refuses without reasonable cause, to join the ship
or to proceed to sea on the ship, or is absent without leave
from the ship at any time within 24 hours before the ship is
due to sail from Hong Kong, either at the commencement or
during the course of a voyage;

(e)is absent at any time without leave and without sufficient
reason from the ship or from his duties in connexion with the
ship;

(d)quits the ship without leave after the ship's arrival in Hong
Kong and before the ship has taken up a safe berth;

(e)wilfully disobeys any lawful command of a superior officer of
the ship;

wilfully continues to disobey the lawful commands of a
superior officer of the ship or to neglect to perform his duties
in connexion with the ship;

(g)assaults the master, or any mate or certificated engineer, of
the ship;

(h) combines with any of the crew of the ship to-

(i) disobey the lawful commands of any of the ship's
superior officers;

(ii) neglect his duties in connexion with the ship; or

(iii) impede the navigation of the ship or the progress of
the voyage of the ship;

(i) wilfully damages the ship; or

(j)embezzles or wilfully damages any of the ship's stores or
cargo,

shall be guilty of an offence. (Replaced, 73 of 1974, s. 12)

(IA) A person who commits an offence against subsection (1)
shall be liable on conviction





(a) in the case of an offence against subsection (1)(a)-

(i) to imprisonment for 3 months;

(ii) to forfeit all or any part of the effects which he has left
on board the ship and the wages (if any) which are due to him
at the time of his desertion; and

(iii) to make good any excess of wages which have been
properly paid by the owner or master of the ship to any
substitute engaged in his place at a rate higher than that
stipulated to be paid to him under his contract of service;

(b)in the case of an offence against subsection (1)(b) or (e) (not
being an offence which is also an offence against subsection
(1)(a))

(i) to imprisonment for 10 weeks; and

(ii) to forfeit out of his wages a sum not exceeding 2 days'
pay and, in addition for every 24 hours' absence, either a sum
not exceeding 6 days' pay or the expenses properly incurred
in employing a substitute, whichever is the smaller amount;

(c)in the case of an offence against subsection (1)(d), to forfeit
out of his wages 1 month's pay;

(d) in the case of an offence against subsection (1)(e)-

(i) to imprisonment for 1 month; and

(ii) to forfeit out of his wages 2 days' pay;

(e) in the case of an offence against subsection (1)(f)-

(i) to imprisonment for 3 months; and

(ii) to forfeit, for every 24 hours continuance of the
disobedience or neglect, either a sum not exceeding 6 days'
pay or the expenses properly incurred in employing a
substitute, whichever is the smaller amount;

in the case of an offence against subsection (1)(g), (h), (i) or
(j), to imprisonment for 3 months. (Added, 73 of 1974, s. 12)

(IB) For the purposes of this section

(a)subsection (1)(a), (b), (c), (d) and (j) do not apply to seamen
or apprentices from any foreign ship; and

(b)if a seaman or apprentice from a foreign ship is charged with
any other offence against that subsection and there is
resident in Hong Kong a consular officer of the country or
territory to which the ship belongs, the magistrate shall only
deal with the case if

(i) he is requested in writing by the consular officer to do
so; and

(ii) the consular officer undertakes in writing that the
seaman or apprentice will not become a charge on the
finances of Hong Kong in consequence of being so dealt

with.(Added, 73 of 1974, s. 12)





(2) All expenses incidental to the apprehension and confinement of
any seaman or apprentice under this section shall be payable by the
master of the ship to which such seaman or apprentice belongs and be
recoverable from him as a debt due to the Crown. The subsistence
money for every such seaman or apprentice confined in prison shall be
paid in advance to the Commissioner of Correctional Services, and in
default of such payment the Commissioner of Correctional Services may
release such seaman or apprentice: (Amended, 13 of 1966, Schedule and
L.N. 30182)

Provided that every seaman or apprentice imprisoned under this
section may by direction of the committing magistrate be sent on board
his ship or may be placed at the disposal of the consular officer at
whose request he dealt with the case on the written application of such
officer either on or before the expiration of his term of imprisonment.

PART V

HEALTH AND ACCOMMODATION, AND
PROPERTY OF
DECEASED SEAMEN

17. (1) The owner agent or master of every British ship
navigating between the Colony any place out of the same shall
cause to be kept on board such ship a supply of medicines and
medical stores, in accordance with the scale appropriate to such ship
as laid down in the published scales of medicines and medical stores
issued by the Minister, and a copy of the book or books so issued
containing instructions for dispensing the same, and also a sufficient
quantity of anti-scorbutics to be served out to the crew of proper
quality and in accordance with the requirements of the Merchant
Shipping Acts.

(2) The owner, agent or master of any such ship who wilfully
refuses or neglects to provide and keep on board such medicines,
medical stores, books of instructions and anti-scorbutics as are by this
section required shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000 and to imprisonment for 6 months.
(Amended, 17 of 1965, s. 9 and 73 of 1974, s. 12)

(3) It shall be the duty of the Port Health Officer to inspect the
medicines, medical stores. and anti-scorbutics of any British ship
navigating between the Colony and any place out of the same, and if
such articles are deficient in quantity or quality or are placed in
improper containers he shall give notice to the master of the ship and to
the Director who shall before granting a clearance to such ship require a
certificate from the Port Health Officer that the default has been
remedied, and if such certificate is not produced the ship shall be
detained until the certificate is produced.

18. (1) The Governor in Council may make regulations with respect
to the crew accommodation to be provided in ships registered in Hong
Kong.





(2) Without prejudice to the generality of subsection (1),
regulations made under this section may, in particular

(a)prescribe the minimum space per man which must be provided
by way of sleeping accommodation for crew and the maximum
number of persons by whom a specified part of such sleeping
accommodation may be used;

(b)regulate the position in the ship in which the crew
accommodation or any part thereof may be located and the
standards to be observed in the construction, equipment and
furnishing of any such accommodation;

(c)require the submission to a surveyor of ships of plans and
specifications of any works proposed to be carried out for the
purpose of the provision or alteration of crew accommodation
and authorize the surveyor to inspect any such works; and

(d)provide for the maintenance and repair of crew
accommodation and prohibit or restrict the use of any such
accommodation for purposes other than those for which it is
designed.

(3) The Director may exempt any ship or class of ships from any
requirement of any regulation made or deemed to be made under this
section, either absolutely or subject to such conditions as he may think
fit.

(4) For the purposes of this section and without prejudice to the
generality of the powers contained in this section, the Merchant
Shipping (Crew Accommodation) Regulations 1978 made under the
Merchant Shipping Act 1970 and any regulations amending or
replacing such regulations shall, unless varied by or repugnant to the
crew accommodation regulations made under this section, be deemed
to be the crew accommodation regulations made under this section.

(5) Any regulations made under this section may provide that a
contravention of specified provisions thereof shall be an offence and
may prescribe penalties therefor not exceeding $10,000.

(6) Where the regulations referred to in subsection (4) are deemed
to be the new accommodation regulations made under this section and
any such regulation is contravened in relation to a ship, the owner and
master of the ship shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000.

(7) Where in the regulations referred to in subsection (4) any
power is conferred on or any duty is to be performed by the Secretary
of State, the power or duty shall, in relation to Hong Kong, be exercised
or performed by the Governor or any person authorized by him.

(8) This section shall be in addition to and shall not derogate from
section 75 of the Interpretation and General Clauses Ordinance.
(Replaced, 54 of 1982, s. 3)





19. If any ship carring passengers is found on arrival in the Colony to
be in a filthy and insanitary condition, the master of the ship shall be
guilty of an offence and shall be liable on conviction to a fine of $20,000
and to imprisonment for 12 months. It shall be the duty of the Port
Health Officer to inspect every such ship on its arrival in order to
ascertain the sanitary condition thereof.

(Amended, 17 of 1965, s. 10 and 73 of 1974, s. 12)

20. The master of any ship before shipping any seaman may
require that such seaman shall be inspected by a registered medical
practitioner.

21. (1) In the event of the death of any of the crew, passengers
or other persons on board any ship in the waters of the Colony, or of
the desertion of any of the crew of any British ship or of any foreign
whose flag is not represented by a consular officer resident in the Colony
or in in the event of the death of any of the crew, passengers or
persons on board any ship in the course of a voyage to the Colony,
the master of such ship shall forthwith or on the arrival of the ship
in the Colony as the case may be report the same to the Director.
(Amended, 17 of 1965, s. 11 and 73 of 1974, s. 12)

(2) Any master of a ship who fails to comply with subsection (1)
shall be guilty of an offence and shall be liable on conviction to a fine
of $5,000. (Added, 73 of 1974, s. 12)

22. (1) If a seaman or apprentice to the sea service dies in Hong
Kong and is at the time of his death entitled to claim from the master or
owner of a ship in which he has served any effects or unpaid wages,
the master or owner shall pay and deliver or account for such property
to the Director.

(2) Where any property of a deceased seaman or apprentice comes
into the hands of the Director, the Director, after deducting for expenses
incurred in respect of that seaman or apprentice or of his property such
sum as he thinks proper to allow, shall subject to the provisions of this
Ordinance deal with the residue as follows

(a)if the property exceeds in value $5,000 he shall pay and deliver
the residue to the legal personal representative of the
deceased; or (Amended, 17 of 1965, s. 12)

(b)if the property does not exceed in value $5,000, the Director
may as he thinks fit either pay or deliver the residue to any
claimant who is proved to his satisfaction to be the widow or a
child of the deceased or to be entitled to the personalty of the
deceased either under his will (if any) or any statute of
distribution or otherwise, or to be a person entitled to take out
representation, although no such representation has been
taken out, and shall be thereby discharged from all further
liability in respect of the residue so paid or delivered; or
(Amended, 17 of 1965, s. 12)





(c)he may, if he thinks fit, require representation to be taken out,
and pay and deliver the residue to the legal personal
representative of the deceased; or

(d)where it appears to the Director that any person to whom any
money or other property of a deceased seaman may be paid
or delivered as aforesaid is resident in a foreign state, he may
pay or deliver the money or property to a consular officer of
that state on behalf of that person.

(3) Any person to whom any such residue is paid or delivered
under subsection (2) shall apply the same in due course of
administration.

PART VI

SURVEY OF PASSENGER AND OTHER SHIPS
AND
CERTIFICATES THEREOF

23-34. [Repealed, 63 of 1981, s. 124]

34A. (1) Where the owner or master of a ship has committed an
ofrence under section 38 of the Merchant Shipping (Safety) Ordinance,
the ship shall be liable to forfeiture, whether or not the owner or master
is convicted in respect of such offence. (Amended, 63 of 1981, s. 124)

(2) With the approval of the Attorney General, the Director may
seize and detain any ship which appears to him to be liable to forfeiture
under subsection (1), and within 21 days of any such seizure the
Director shall serve notice of seizure on the owner of the ship:

Provided that where there is more than one owner of a ship it shall
be sufficient for the purposes of this subsection to give notice to one
of the owners.

(3) A notice under subsection (2) shall be deemed to have been
duly served if

(a) it is delivered to the person on whom it is to be served;

(b)it is sent by registered post addressed to such person at the
place of residence or business of such person, if any, known
to the Director; or

(c)where it cannot be served in accordance with paragraph (a)
or (b), the notice is exhibited in the Marine Department in a
place to which the public have access for a period of not less
than 7 days commencing within 21 days of the seizure of the
ship.

(4) Within 7 days after the service under subsection (2) of a notice
of seizure, notice of the seizure of the ship shall be





(a)published in the Gazette and in 1 newspaper published in
Hong Kong in the English language and in 1 newspaper so
published in the Chinese language; and

(b)in the case of a foreign ship, served on the consular officer (if
any) for the state to which the ship belongs.

(5) Where a notice of seizure has been served under subsection
(2), any person who has a claim (hereinafter referred to as the claimant)
may within 30 days after

(a)the date of the notice, if it was served under subsection
(3)(a) or (b); or

(b)the first day on which the notice was exhibited, if it was
served under subsection (3)(c),

give notice in writing to the Director that he claims that the ship is not
liable to forfeiture.

(6) If, on the expiry of the appropriate period of time specified in
subsection (5) for the giving of a notice of claim, no such notice has
been given in writing to the Director, the ship shall be forfeited
forthwith to the Crown.

(7) A person has a claim for the purposes of this section and
section 34B if

(a) he is the owner of the ship or the agent of the (b) he was in possession of the ship at the time it was seized.
(Added, 1 of 1979, s. 3)

34B. (1) Where a notice of claim is given under section 34A(5), the
Director shall apply to a magistrate for the forfeiture of the ship and
shall state in the application the name and address of the claimant as
specified in the notice of claim.

(2) When any such application is made to a magistrate, the
magistrate shall issue a summons in the prescribed form to the claimant,
requiring him to appear before a magistrate on the hearing of the
application, and shall cause a copy of the summons to be served on the
Director.

(3) If, on the hearing of an application under this section-

(a)neither the claimant nor any other person appears before the
magistrate to make a claim and the magistrate is satisfied that
the summons was duly served; or

(b)neither the claimant nor any other person satisfies the
magistrate that he has a claim,

and the magistrate is satisfied that the ship is liable to forfeiture, the
magistrate shall order that the ship be forfeited to the Crown.





(4) If, on the hearing of an application under this section-

(a) a person satisfies the magistrate that he has a claim; and

(b) the magistrate is satisfied that the ship is liable to forfeiture,

the magistrate may order that the ship be-
(i) forfeited to the Crown; or

(ii) delivered to the owner thereof or his agent.

(5) If, on the hearing of an application under this section, the
magistrate is not satisfied that the ship is liable to forfeiture, he shall
order that it be delivered to the owner thereof or his agent.

(6) On the hearing of an application under this section, a certified
true copy of the record of the proceedings, including the decision of the
court, in any proceedings in respect of the offence under section 38 of
the Merchant Shipping (Safety) Ordinance or section 90(1) of the
Criminal Procedure Ordinance shall be admissible in evidence.
(Amended, 63 of 1981, s. 124)

(7) Subject to the provisions of this Ordinance, an application
under this section shall be deemed for the purposes of the Magistrates
Ordinance to be a complaint to which section 8 of that Ordinance
applies.

(Added, 1 of 1979, s. 3)

34C. (1) The owner of any ship forfeited to the Crown under
section 34A or section 34B or his agent may within 6 weeks after

(a) the ship was forfeited to the Crown; or

(b)the determination of any appeal against the order for its
forfeiture,

give notice in writing to the Director of his intention to submit to the
Governor a moral claim in respect of the forfeited ship.

(2) Where the owner of a forfeited ship has given notice in writing
to the Director under subsection (1) and has submitted a moral claim to
the Governor by lodging it with the Chief Secretary within 1 month from
the date of such notice, the Governor may

(a)order the return of the forfeited ship to the owner or his
agent; or

(b)direct that the claim be referred to the Governor in Council.

(3) The Governor in Council, on considering a claim referred to him
under subsection (2), may

(a)order the return of the forfeited ship to the owner or his
agent;or

(b) reject the claim.

(Added, 1 of 1979, s. 3)





34D. Sections 34A, 34B and 34C shall expire on 31 December 1985
unless the Legislative Council by resolution otherwise determines.

(Added, 1 of 1979, s. 3. Extended, L.N. 286179; L.N. 316180;
L.N. 374181; L.N. 393182; L.N. 369183 and L.N. 383184)

35-37. [Repealed, 63 of 1981, s. 124]

PART VII

[Repealed 63 of 1981, s. 124]

PART VIII

MARINE COURTS AND COURTS OF SURVEY

50A. In this Part, unless the context otherwise requires---

'certificate' and 'certificate of competency' include a local certificate
of competency issued tinder, Part IV of the Shipping and Port
Control Ordinance; (Anended 36 of 1986, s. 8)

',ship' includes every description of vessel used in navigation.

(Added, 64 of 1980, s. 3)

51. (1) Where a shipping casualty has occurred a preliminary
inquiry may be held respecting the casualty by any person appointed
for the purpose by the Director of Marine.

(2) For the purpose of any such inquiry, the person holding the
same shall have the powers given by the Merchant Shipping Acts to
inspectors appointed by the Minister.

(3) After the conclusion of such inquiry the person holding. the
same shall forward a report thereof to the Governor. without delay and,
in any event, not later than 1 month after such conclusion.

(Added, 44 of 1954, s. 2)

52. (1) The Governor may whenever occasion may arise in the
circumstances detailed in section 53(2) (whether a preliminary
inquiry under section 51 has been held or not) by warrant under
his hand and the seal of the Colony, appoint a court (which shall
be called the marine court) to make investigations as to casualties
affecting ships, or to inquire into charges of incompetency or
misconduct on the part of masters, mates or engineers of ships.
(Amended, 42 of 1956, s. 2 and 37 of 1959, s. 9)

(2) Such court shall consist of a judge, district judge or magistrate
and shall hold its investigation or inquiry with the assistance of 2 or
more assessors who shall be appointed by the Governor and shall be
masters of the British mercantile marine or persons of nautical,
engineering or other special skill or knowledge:





Provided that where any investigation or inquiry involves or
appears likely to involve any question as to the cancellation or
suspension of the certificate of a master, mate or engineer the court shall
be assisted by not less than 2 assessors having experience in the British
mercantile marine. (Replaced, 37 of 1959, s. 9. Amended, 76 of 1978, s.
81)

(3) The assessors appointed to such court shall be remunerated at
a rate which shall take account of the amount of work and time occupied
by them upon the business of the court and such remuneration shall be
determined by the Governor either generally from time to time or
specifically in any particular case:

Provided that nothing in this subsection shall be construed to
authorize the payment of remuneration to any person employed full time
in any office of emolument under the Crown. (Replaced, 17 of 1965, s.
25)

53. (1) For the purpose of an investigation under this Part, a
casualty shall be deemed to occur

(a) when on or near the coasts of the Colony any British ship is
lost, abandoned or materially damaged;

(b) when on or near the coasts of the Colony any British ship
has been stranded or damaged, and any witness is found in
the Colony;

(c) when on or near the coasts of the Colony any British ship
causes loss or material damage to any other ship;

(d) when any loss of life ensures by reason of any casualty
happening to or on board any British ship on or near the
coasts of the Colony;

(e) when in any place any such loss, abandonment, material
damage or casualty as above-mentioned has occurred, and
any witness is found in the Colony;

(f) when in any place any British ship has been stranded or
damaged, and any witness is found in the Colony; and

(g) when any British ship has been lost or is supposed to have
been lost, and any evidence is obtainable in the Colony as
to the circumstances in which such ship proceeded to sea or
was last heard of.

(2) In any of the following cases -

(a) where a casualty occurs to a British ship on or near the
coasts of teh Colony or to a British ship in the course of a
voyage to the Colony;

(b) where a casualty occurs in any part of the world to a ship
registered in the Colony;

(c) where some of the crew of a British ship to which a
casualty has occurred, and who are competent witnesses to
the facts, are found in the Colony;




(d) where the incompetency or misconduct has occured on
board in a British ship on or near the coasts of the Colony, or
on board a British ship in the course of a voyage to the
Colony;

(e) where the incompetency or misconduct has occurred on
board a ship registered in the Colony; and

(f) where the master, mate or engineer of a British ship who is
charged with incompetency or misconduct on board that
ship is found in the Colony;

such court may make investigation respecting such casualty and may
hear and inquire into any such charge of incompetency or misconduct,
and for such purposes the court shall have the same jurisdiction over
the matter in question as if it had occurred within its ordinary
jurisdiction, but subject to all provisions, restrictions and conditions
which would have been applicable if it had so occurred. Such court
shall also have the powers given by the Merchant Shipping Acts to
inspectors appointed by the Minister as well as all the powers of a
magistrate acting as a court of summary jurisdiction.

(3) An inquiry shall not be held into any matter which has once
been the subject of an investigation or inquiry other than a preliminary
inquiry under section 51, and has been reported on by a competent
court or tribunal in any part of the Commonwealth, or in respect of
which the certificate of a master, mate or engineer has been cancelled or
suspended by a naval court. (Amended, 42 of 1956, s. 3)

(4) Where an investigation or inquiry has been commenced in the
United Kingdom with reference to any matter, an inquiry with reference
to the same matter shall not be held under this Part.

54. Any person who refuses to attend as a witness before any
person or court having the powers given by the Merchant Shipping
Acts to inspectors appointed by the Minister, after having been
required in the exercise of any such power to do so, or refuses or
neglects to make any answer, or to give any return, or to produce any
document in his possession, or to make or subscribe any declarations
required by any such person or court in the exercise of any such power,
shall be guilty of an offence and shall be liable on conviction to a fine of
$5,000.

(Added, 44 of 1954, s. 3. Amended, 73 of 1974, s. 12)

55. (1) The certificate of a master, mate or engineer may be
cancelled or suspended

(a)if the court finds that loss or abandonment of, or serious
damage to, any ship, or loss of life, has been caused by his
wrongful act or default; or

(b)if the court finds that he is incompetent, or that he has been
guilty of any gross act of misconduct, drunkenness or
tyranny, or that, in a case of collision, he has failed to render
such assistance or give such information as is required by the
Merchant Shipping Acts.





(1A) In this section, evidence that a master, mate, or engineer, is
incompetent may include evidence that he fails to comply with the
standards of competency and other conditions prescribed to qualify a
person for the certificate held by him. (Added, 62 of 1981, s. 8)

(2) Where any case before any such court as aforesaid involves a
question as to the cancellation or suspension of a certificate, the court
shall at the conclusion of the case or as soon afterwards as possible
state in open court the decision to which it has come with respect to the
cancellation or-suspension thereof.

(3) Any master, mate or engineer whose certificate is suspended
or cancelled in pursuance of this Ordinance shall, on the demand of the
court, deliver his certificate to the court, or if it is not demanded by the
court deliver it to the Governor or as he directs, and in default he shall
be guilty of an offence and shall be liable on conviction to a fine of
$5,000. (Amended, 17 of 1965, s. 26 and 73 of 19 74, s. 12)

(4) The court shall in all cases send a full report on the case with
the evidence to the Governor, and shall also if it determines to cancel or
suspend any certificate send the certificate cancelled or suspended to
the Governor or other authority by whom the certificate was granted.
(Amended, 17 of 1965, s. 26)

(5) A certificate shall not be cancelled or suspended by a court
under this Part unless a copy of the report, or a statement of the case on
which the investigation or inquiry has been ordered, has been furnished
before the commencement of the investigation or inquiry to the holder
of the certificate.

56. (1) The Governor may, in any case where under this Part -;an
investigation as to a casualty affecting a ship or an inquiry into the
conduct of a holder of a certificate of competency has been held, ,order
the case to be re-heard either generally or as to any part thereof, either
by the court by which it was heard in the first instance or by a marine
court appointed under this Part or by a judge sitting in admiralty
jurisdiction, and shall do so- (Amended, 47of 1985, s. 2)

(a)if new and important evidence which could not be produced
at the investigation or inquiry has been discovered; or

(b)if for any other reason there has in his opinion been ground
for suspecting that a miscarriage of justice has occurred.
(Amended, 64 of 1980, s. 4)

(2) Where an application under subsection (1) for a re-hearing is
not made or is refused, and where an application under section 478(6) of
the principal Act for a re-hearing of any inquiry under this Part is not
made or is refused, an appeal shall lie from any order or finding of the
court or tribunal holding the inquiry to the High Court:





Provided that an appeal under this section shall not lie

(a)in any case, other than an investigation under section
53(2)(e), in which an appeal to the High Court of England
under section 478 of the principal Act or under section 66 of
the Merchant Shipping Act 1906, is competent; or

(byfrom an order or finding affecting the certificate of a master,
mate or engineer if that certificate has not been granted by a
country within the Commonwealth under the Merchant
Shipping Acts.

(3) Subject to the provisions of any regulations relating thereto
made under section 58, an appeal to the High Court under this section
shall be to 1 judge or to the Court of Appeal as the Chief Justice may
decide and shall be subject to any rules of court made under the
Supreme Court Ordinance. (Replaced, 37 of 1959, s. 10)

(4) The provisions of this section shall apply to any investigation
or inquiry referred to in subsection (1) whether held before or after the
commencement* of the Merchant Shipping (Amendment) Ordinance
1985. (Added, 47 of 1985, s. 2)

57. (1) A marine court shall have the following further powers

(a)it may remove the master of any ship if that removal is shewn
to the satisfaction of the court by evidence on oath to be
necessary. Such removal may be made upon the application of
any owner of the ship or his agent, or of the consignee of the
ship, or of any certificated mate, or of one-third or more of the
crew of the ship;

(b) it may appoint a new master instead of the one removed:

Provided that where the owner, agent or consignee of
the ship is within the jurisdiction of the marine court, such an
appointment shall not be made without the consent of that
owner, agent or consignee;

(c)it may make such order as- it thinks fit respecting the costs of
the investigation or any part thereof, and such order shall be
enforced by the court in the same way as an order for costs
under the Magistrates Ordinance.

(2) [Deleted, 17 of 1965, s. 271

58. (1) The Governor in Council may by regulation prescribe and
provide for carrying into effect the enactments relating to formal
investigations into casualties and inquiries into charges of
incompetency or misconduct and to the re-hearing of or appeal from any
such investigation or inquiry, and in particular, with respect to the
procedure, the parties, the persons allowed to appear, the notice to such
parties and persons or to persons affected, and the amount

and application of fees.(Amended, 37 of 1959, s. 10)





(2) For the purposes of this Part, a marine court shall have all the powers
of a magistrate sitting under the Magistrates Ordinance.

(3) Every formal investigation or inquiry shall be conducted in such a
manner that, if a charge is made against any person, he shall have an
opportunity of making a defence. (Amended, 37 of 1959, S. 11)

59-60. [Repealed, 63 of 1981, s. 124]

PARTS IX, X and XI

[Repealed, 76 of 1978, s. 81]

PART XII

TRAWLERS

91. In this Part

'trawler' means any mechanically propelled vessel of non-primitive
design and build of whatever tonnage, which engages in fishing
operations for profit upon the high seas with nets, lines or
trawls and which operates from the Colony as a Hong Kong
registered British ship, but excludes any sailing or merchancially
propelled fishing boat, junk or dinghy licensed under regulations
made under section 105;

'voyage' means a fishing trip commencing with a departure from a port for the
purpose of fishing, and ending with the first return to a port thereafter
upon the conclusion of the trip when one of such ports is within the Colony

Provided that a return due to distress only shall not be deemed to be
a return if it is followed by a resumption of the trip.

92. (1) The holder of a certificate of competency as a trawling master
which is not endorsed with the word 'LIMITED' may, subject to the
provisions of this Part, command a trawler on any voyage.

(2) The holder of a certificate of competency as a trawling master which is
endorsed with the word 'LIMITED' may command a trawler for the purpose
only of fishing in an area bounded on the North by the parallel of 25 degrees
North, on the South by the parallel of 15 degrees North and on the East by the
meridian of 122 degrees East.

(3) The Director may, on the application of a person holding a certificate
of competency as a trawling master which is endorsed with the word
'LIMITED', exempt such person from the restriction

specified in subsection (2).(Amended, L.N. 262185)





(4) The holder of a certificate of competency as a trawling
master, whether or not the certificate is endorsed with the word
'LIMITED', shall, in so far as he does not contravene the provi-
sions of this section, be a duly certificated trawling master and the
holder of a Board of Trade certificate of competency as skipper (full)
or skipper (limited) shall be deemed to be a duly certificated trawling
master subject to such conditions and limitations as the Director
may specify in any particular case.
(Replaced, 63 of 1970, s. 2)

93. (1) Subject to section 92, a trawler shall not commence
any voyage unless such vessel is provided with at least a duly
certificated trawling master and trawler engineer and the master
for the time being of any trawler contravening the provisions of
this subsection shall be guilty of an offence and shall be liable on
conviction to a fine of $50,000 and to imprisonment for 2 years.
(Amended, 63 of 1970, s. 3 and 73 of 1974, s. 12)

(2) Any person who-

(a) having been engaged as a trawling master-
(i) goes to sea in command of a trawler without being
entitled to do so under section 92; or
(ii) uses the trawler of which he is in command for the
purpose of fishing in waters in contravention of section 92;

(b)having been engaged as a trawling engineer, goes to sea on
a trawler without holding a certificate of competency as a
trawling engineer;

(e)employs any person to act as a trawling master in com-
mand of a trawler without ascertaining that such person is
entitled to do so under section 92; or

(d)employs any person to act as a trawling engineer on a
trawler without ascertaining that such person holds a
certificate of competency as a trawling engineer,

shall be guilty of an offence and shall be liable on conviction to a fine
of $20,000 and to imprisonment for 12 months. (Replaced, 63 of
1970, s. 3. Amended, 73 of 1974, s. 12)

94. (1) Without prejudice to the generality of other powers to
make regulations conferred by this Ordinance, and without preju-
dice to the application of regulations made under such other powers
except so far as they are inconsistent with regulations made under
this section, the Governor in Council may by regulation control,
prescribe or provide for-

(a)the registry and conditions of sale and mortgage of trawl-
ers, and the keeping of a trawler register and issuance of
identification letters and numbers to such vessel;





(b)the forms, period and conditions of agreement of crew, of
reports of crew and of statements of change of crew, of wage
accounts and certificates of discharge of crew, of records and
reports of death, injuries, ill-treatment or punishment of crew
and of every casualty to a trawler;

(c)maintenance of discipline on board trawlers and also for the
prevention of disorder and confusion;

(d)the maintaining of a register of trawling masters and trawling
engineers; (Replaced, 73 of 1974, s. 4)

(e) duties and obligations of the owners, agents, masters, masters
for the time being, engineers and crew of trawlers and the
institution of inquiries into disputes between the above
persons, and of inquiries into deaths, injuries, illtreatment or
punishment of crew;

(f) adequate means for preventing, by force if necessary, any
trawlers fr. m leaving, or attempting to leave the waters of the
Colony or any port thereof in contravention of this Ordinance
or of any regulations made thereunder;

(g)examination, approval of suitability and annual or periodic
surveys of trawlers, including hulls, machinery and
equipment, for the purpose of certifying in such form as may
be prescribed that such vessels are fit for their intended
service;

(h)scale of manning suitable for the intended service of trawlers
to ensure that trawlers are not over nor undermanned, and to
ensure that trawlers are not carrying passengers, save that the
Director may permit experts or observers to be signed on as
members of the crew for Specific purposes or duties;

(i)regulation of entry of boys under 16 years of age into the sea-
fishing service, and prescribing of forms of indenture and
agreements with such boys and their enforcement; and

(j)fees in respect of registration, permits, clearances, certificates,
surveys and other documents or services relating to trawlers
not otherwise provided for under this Ordinance.

(2) The Director may exempt any trawler from the provisions of any
regulation made hereunder if he is satisfied that compliance therewith is
either impracticable or unreasonable.

94A. (1) The Director shall cause examinations to be held in respect
of persons who wish to obtain certificates of competency as trawling
masters or trawling engineers, and shall appoint examiners for that
purpose. Every such appointment shall be notified in the Gazette.

(2) The Director of Marine may make rules prescribing or providing
for





(a)the standards of competency to be attained and other
conditions to be satisfied (subject to any exceptions allowed
by or under the rules) by candidates for any examination
conducted under subsection (1);

(b)the procedure for and the method of conducting any such
examination;

(c) the subjects to be taken at any such examination for the
manner in which those subjects are to be specified;

(d) fees and forms in relation to any such examination; and

(e)the method of granting certificates of competency and copies
of such certificates.

(3) The Director may publish any rules made under subsection (2)
in such manner as he thinks fit, and shall, on payment of the appropriate
charge, provide a copy of the rules to any person who applies to him in
that behalf.

(Added, 73 of 1974, s. 5)

95. (1) Every trawling master, owner and agent shall comply with

(a)section 3(1)(a) as if the trawler were a ship trading in or from
the waters of the the Colony

(b)Part 111 as to all matters relating to the engagement and
discharge of crew;

(c)Part V as to the provision of medicines and medical stores on
the appropriate scale as if the trawler were proceeding to a
place outside the Colony ;

(d)Part VII and the rules and' regulations for vessels of the types
to which such Part applies made by the Minister under section
427 of the principal Act, as amended by section 2 of the
Merchant Shipping (Safety Convention) Act 1949:

Provided that the Director may in individual cases by
notice in writing permit such relaxations of such rules and
regulations as are deemed necessary by him.

(2) Any seaman lawfully engaged to serve in any trawler either on
a voyage agreement or on a running agreement, and any apprentice or
boy lawfully indentured in the sea-fishing service, shall be subject to
the provisions of Part IV relating to desertion and other offences In
addition, for the offence od smuggling, that is to say for any act of
smuggling of which any member of a crew is convicted

Part
applies

t/
app
rrin

~a the g
erm re
dee

and which causes loss or damage to the master or owner or agent, he
shall be liable to forfeit a sum sufficient to reimburse that loss or
damage.







(3) A master of a trawler shall be liable to punishment for the
offences of desertion, absence without leave, wrongfully quitting the
vessel, wilful damage, and smuggling, as if he were a seaman.





PARTS XIII and XIV
[Repealed, 76 of 1978, s. 81]

PART XIVA
COMPULSORY INSURANCE FOR PLEASURE VESSELS

107B. In this Part, unless the context otherwise requires -

'authorized insurer' means any of the following -

(a) an insurer authorized under the Insurances Companies
Ordinance to carry on insurance business of the nature
specified in class 12 in Part 3 of the First Schedule to that
Ordinance;

(b) an association of underwriters approved by the Governor
in Council under section 6 of that Ordinance;

(c) the society of underwriters known in the United Kingdon
as Llyod's; (Replaced, 6 of 1983, s.60)

'owner' in relation to a pleasure vessel, includes the person who is
deemed to be the owner thereof by virtue of the Merchant
under the Merchant Shipping (Pleasure Vessels) Regulations.

'pleasure vessel' means any launch, yacht, inflatable vessel, junk,
lorcha or other vessel which in licensed or liable to be licensed
under the Merchant shipping (Pleasure Vessels) Regulations.

107C. (1) No owner of a pleasure vessel may use, or cause or
permit any other person to use, that pleasure vessel in the waters of
the Colony unless there is in force in relation to the user of the vessel
by such owner or that other perons, as the case may be, such policy
of insurance as complies with section 107D.

(2) If a person contravenes subsection (1) he commits an
offence and is liable to a fine of $10,000 and to imprisonment for 12
months.

107D. (1) For the purposes section 107C(1) a policy of
insurance must be a policy which -

(a) is issued by an authorized insurer; and

(b) insures such person, persons or classes of persons as may
be specified in the policy in respect of any liability which
may be incurred by him or them in respect of the death of
or bodily injury to any person caused by or arising out of
the use of the pleasure vessel in the waters of the Colony:

Provided that such a policy shall not be required to
cover -
(i) liability in respect of the death arising out of and in
the course of his employment of a person in the employment of
a person insured by the policy or bodily injury substained by
such a person arising out of and in the course of his
employment; or





(ii) any contractual liability; or

(iii) any liability in respect of any one accident or series of
accidents arising out of the same event exceeding $600,000

(2) Notwithstanding anything in any law, an authorized insurer issuing a
policy of insurance under this section shall be liable to indemnify the persons
or classes of persons specified in the policy in respect of any liability which
the policy purports to cover in the case of those persons or classes of persons.

is)

107E. (1) Subject to subsection (2) any condition in a policy issued or given
for the purposes of section 107C providing that no liability shall arise under the
policy or that any liability so arising shall cease, in the event of some specified
thing being done or omitted to be done after the happening of the event giving
rise to a claim under the policy, shall be of no effect in connexion with such
claims as are mentioned in section 107D(1)(b).

(2) Nothing in this section shall be taken to render void any provisions in
a policy requiring the person insured to repay to the insurer any sums which
the latter may have become liable to pay under the policy and which have been
applied to the satisfaction of the claims of third parties.

107F. (1) If, after a policy has been effected, judgment in respect of any such
liability as is required to be covered by such policy under section 107D(1)(b)
(being a liability covered by the terms of the policy) is obtained against any
person insured by the policy, then, notwithstanding that the authorized insurer
may be entitled to avoid or cancel, or may have avoided or cancelled, the policy,
the authorized insurer shall, subject to this section, pay to the persons entitled
to the benefit of the judgment any sum payable thereunder in respect of the
liability, including any amount payable in respect of costs and any sum payable
in respect of interest on that sum by virtue of any law relating to interest on
judgments:

Provided that where the liability covered by the policy is limited
as provided by paragraph (iii) of the proviso to section 107D(1)(b)
the authorized insurer shall not be required to pay any sum in excess
of $600,000

(2) No sum shall be payable by an authorized insurer under
subsection (1)-

(a)in respect of any judgment, unless before or within 7 days after the
commencement of the proceedings in which the judgment was given,
the authorized insurer had notice of the bringing of the proceedings;
or

(b)in respect of any judgment, so long as execution thereon is stayed
pending an appeal; or





(c)in connexion with any liability, if before the happening of the
event which was the cause of the death or bodily injury giving
rise to the liability the policy was cancelled by mutual consent
or by virtue of any provision contained therein, and either

(i) before the happening of the said event the policy was
surrendered to the authorized insurer, or the person in whose
favour the policy was issued made a statutory declaration
stating that the policy had been lost or destroyed; or

(ii) after the happening of the said event, but before the
expiration of a period of 14 days from the taking effect of the
cancellation of the policy, the policy was surrendered to the
authorized insurer, or the person in whose favour the policy
was issued made such a statutory declaration as aforesaid.

(3) No sum shall be payable by an authorized insurer under this
section if, in an action commenced before, or within 3 months after, the
commencement of the proceedings in which the judgement was given,
he has obtained a declaration that, apart from any provision contained
in the policy, he is entitled to avoid it on the ground that it was
obtained by the non-disclosure of a material fact, or by a representation
of fact which was false in some material particular, or, if he has avoided
the policy on that ground, that he was entitled so to do apart from any
provision contained in it:

Provided that an authorized insurer who has obtained such a
declaration as aforesaid in an action shall not thereby become entitled
to the benefit of this subsection as respects any judgement obtained in
proceedings commenced before the commencement of that action,
unless before or within 7 days after the commencement of that action he
has given notice thereof to the person who is the plaintiff in the said
proceedings specifying the non-disclosure or false representation on
which he proposes to rely, and any person to whom notice of such an
action is so given shall be entitled, if he thinks fit, to be made a party
thereto.

(4) If the amount which an authorized insurer becomes liable under
this section to pay in respect of a liability of a person insured by a
policy exceeds the amount for which he would, apart from this section,
be liable under the policy in respect of that liability, he shall be entitled
to recover the excess from that person.

(5) In this section, the expression 'material' means of such a
nature as to influence the judgment of a prudent insurer in determining
whether he will take the risk, and, if so, at what premium and on what
conditions; and the expression 'liability covered by the terms of the
policy' means a liability which is covered by the policy or which would
be so covered but for the fact that the insurer is entitled to avoid or
cancel, or has avoided or cancelled, the policy.

G)





107G. Where a policy of insurance has been issued under section
107D in favour of any person, the happening in relation to any person
insured by the policy of any such event as is mentioned in subsection
(1) or (2) of section 2 of the Third Parties (Rights against Insurers)
Ordinance shall, notwithstanding anything in that Ordinance, not affect
any such liability of that person as is required to be covered by a policy
under section 107D(1)(b) but nothing in this section shall affect any
rights against the authorized insurer conferred by that Ordinance on the
person to whom the liability was incurred.



107H. (1) Where a policy of insurance has been issued under
section 107D in favour of any person, so much of the policy as purports
to restrict the insurance of the persons insured thereby by reference to
any of the following matters

(a)the age or physical or mental condition of persons in charge of
the pleasure vessel; or

(b) the condition of the vessel; or

(c) the number of persons that the vessel carries; or

(d)the times at which or the areas within which the vessel is used;
or

(e) the horsepower or value of the vessel's engine; or

the carrying on the vessel of any particular apparatus; or

(g)the carrying on the vessel of any particular means of
identification other -than any means of identification required
to be carried by or under this Ordinance or any regulations
made hereunder,

shall, as respect such liabilities as are required to be covered by a
policy under section 107D(1)(b) be of no effect:

Provided that nothing in this section shall require an authorized
insurer to pay any sum in respect of the liability of any person
otherwise than in or towards the discharge of that liability, and any sum
paid by an authorized insurer in or towards the discharge of any liability
of any person which is covered by the policy by virtue only of this
section shall be recoverable by the insurer from that person.

(2) Where a person uses, or causes or permits any person to
use, a pleasure vessel in the waters of the Colony in such circumstances
that under section 107C there is required to be in force in
relation to his use of it such a policy of insurance in respect of third
party risks as complies with the requirements of this Part, then if
any other person is carried aboard the vessel while the user is so
using it, any antecedent agreement or understanding between them
(whether intended to be legally binding or not) shall be no effect
so far as it purports or might be held -

(a) to negative or restrict any such liability of the user in respect
of persons carried in or upon the vessel as is required by
section 107D(1)(b) to be covered by a policy of insurance; or





(b)to impose any conditions with respect to the enforcement of any
such liability of the user,

and the fact that a person so carried has willingly accepted as his the risk of
negligence on the part of the user shall not be treated as negativing any such
liability of the user.

(3) For the purposes of subsection (2)-

(a)references to a person being carried aboard a pleasure vessel include
references to a person boarding or disembarking from, the vessel; and

(b)the reference to any antecedent agreement is to one made at any time
before the liability arose.

107I. (1) Any person against whom a claim is made in respect of any such
liability as is required to be covered by a policy under section 107D(1)(b) shall,
on demand by or on behalf of the person making the claim, state whether or riot
he Was insured in respect of that liability by any policy having effect for the
purpose of this Part, or would have been so insured if the authorized insurer
had not avoided or cancelled the policy, and, if he was or would have been so
insured, give particulars with respect to that policy.

(2) If, without reasonable excuse, any person fails to comply with
subsection (1), or wilfully makes any false statement in reply to any such
demand, he commits an offence and is liable to a fine of $1,000 and to
imprisonment for 3 months.



107J. The owner of a pleasure vessel which is being used in the waters of the
Colony, or any person so using a pleasure vessel, shall, on being so required by
any police officer, the Director or any officer authorized by the Director,
produce his policy of insurance, and if he fail to do so he commits an offence and
is liable to a fine of $1,000 and to imprisonment for 3 months:

Provided that, if the owner of the pleasure vessel or the person using it
within 5 days after the date on which the production of the policy of insurance
was so required, produces the policy of insurance or satisfactory evidence that
a policy has been effected, in person at such place as may have been specified
by him at the time the production of the policy was required, he shall not be
convicted under this section of the offence of failing to produce the policy.

107K. (1) Every authorized insurer by whom a policy is issued for the
purposes of this Part shall keep a record of the following particulars relative
thereto

(a)the full name and address of the person to whom the policy is
issued;

(b)the description of the type of the pleasure vessel to which the
policy relates and, where known, the name and licence number of the
vessel;

(c)the date on which the policy comes into force and the date on which
it expires;





(d)the conditions subject to which the persons or classes of persons
specified in the policy will be indemnified,

and every such record shall be preserved for 1 year from the date of expiry of
the policy.

(2) Every authorized insurer by whom records are required to be kept
under subsection (1) shall, without charge, furnish to the Director or the
Commissioner of Police on request any particulars thereof.

107L. Where to the knowledge of an authorized insurer a policy issued by
him for the purposes of this Part ceases to be effective without the consent of
the person to whom it was issued otherwise than by effluxion of time or by
reason of his death, the insurer shall forthwith notify the Director and the-
Commissioner of Police of the date on which the policy ceased to be effective.

107M. (1) Any person

(a) applying for a pleasure vessel licence under regulation 3 of
the Merchant Shipping (Pleasure Vessels) Regulations;

(b) producing a pleasure vessel licence to the Director for
endorsement following a transfer of ownership to him
under regulation 6 of the Merchant Shipping (Pleasure
Vessels) Regulations,

shall, upon such application or production, produce to the Director
any necessary policy of insurance, or such other documentary proof
as shall be sufficient to indicate that -

(i) on the date when such pleasure vessel licence takes effect
there will be in operation; or

(ii) in the case of a transfer of ownership there is in operation,

such policy of insurance in respect of third party risks as is required
under section 107C.

(2) The Director shall not issue a pleasure vessel licence to any
appliant who fails to comply with subsection (1).

107N. Any authorized insurer who contravenes section 107K or
107L commits an offence and is liable to a fine of $1,000 and to
imprisonment for 3 months.
(Part XIV A added, 65 of 1978, s.2)

PART XV

DENTENTION OF SHIP IN CERTAIN EVENTS

108. Where under this Ordinance it is enacted that, under
certain conditions, a ship shall not leave the waters of or any port of
the Colony, the Director may under such conditions detain the ship
until he is satisfied that the provisions of the law have been fulfilled.




109. (1) Where under this Ordinance a ship is authorized or ordered
to be detained, if the ship, after such detention or after service on the
master of any notice of or order for such detention, proceeds or
attempts to proceed to sea before having been released by competent
authority, the master of the ship, and also the owner or agent, and any
person who sends the ship to sea, if such owner, agent or person is
party or privy to the offence, shall be guilty of an offence and shall be
liable on conviction to a fine of $50,000 and to imprisonment for 2 years.
(Amended, 73 of 1974, s. 12)

(2) Where a ship proceeds to sea in contravention of subsection
(1) whilst having on board a public officer who is acting in the execution
of his duty, the master and owner of the ship

(a)in addition to any penalty to which he may be liable under
subsection (1), shall each be guilty of an offence against this
subsection and shall each be liable on conviction to
imprisonment for 6 months and to a fine of $20,000 and an
additional fine of $1,000 for each day during the period from
the date on which the ship proceeded to sea until the date on
which the officer is returned to Hong Kong or, if he does not
return directly to Hong Kong. would have returned if he had
travelled by the quickest practicable route; and

(b)shall be jointly and severally liable to pay all expenses
incidental to the taking of the officer to sea and to securing
his return to Hong Kong,

and all such expenses may be recovered in the same manner as a fine.
(Replaced, 73 of 1974, s. 12)

110. Where any foreign ship is detained under the Merchant
Shipping (Safety and Load Line Conventions) Act 1932, or under the
Merchant Shi in Safet Convention) Act 1949, as such have been
extended to the Colony, and where any proceedings are taken under either
such Acts against the master or owner of any such ship, notice shall
forthwith be given to the nearest consular officer for the country to
which the ship belongs, and such notice shall specify the grounds on
which the ship has been detained or the proceedings have been taken.

PART XVI

EVIDENCE, REGULATIONS AND FEES

111. [Repealed, 5 of 1971, s. 13]

112. -In any proceeding in court against any person for a breach of
the provisions of this Ordinance, all entries in the official log and the
articles of agreement shall be received in evidence subject to all just
exceptions.





1986 Ed.] Merchant Shipping [CAP. 281 41

113. (1) Where, for the purposes of this Ordinance, any docu-
ment is to be served on any person, that-document may be served-

(a) in any case by delivering a copy thereof personally to the
person to be served, or by leaving the same at his last place
of abode; and

(b) if the document is to be served on the master of a ship,
where there is one, or on a person belonging to a ship, by
leaving the same for him on board that ship with the
person being or appearing to be in charge or command of
the ship;

(c) if the document is to be served on the master of a ship,
where there is no master and the ship is the Colony on
the managing owner of the ship, or if there is no managing
owner on some agent of the owner residing in the Colony,
or where no such agent is known or can be found by
affixing a copy thereof to the mast of the ship.

(2) Any person who obstructs the service under this Ordinance
of a document on the master of a ship shall be guilty of an offence
and shall be liable on conviction to a fine of $5,000.

(3) Any owner, agent or master of a ship who is party or privy
to an offence against subsection (2) shall be guilty of an offence and
shall be liable on conviction to a fine of $50,000 and to imprison-
ment for 2 years.
(Amended, 73 of 1974, s. 12)
114. (1) In addition to the powers hereinbefore given the Regulations.
Governor in Council may by regulation control, prescribe or provide General powers.
for- (Amended, L.N. 100184)

(a) prohibiting, restricting or regulating in any manner what-
soever the embarkation or landing of persons or things on
or from vessels of all kinds including the ships of war of
any foreign nation;

(b) forms to be used for the purpose of this Ordinance or of
regulations under the Ordinance;

(c) fees to be paid in respect of registration or the grant of
certificates, clearances, licences, permits and other docu-
ments, or the performance of services or surveys or grant
of facilites under this Ordinance;(Amended, 17 of 1965,
s. 61 and 52 of 1977, s. 3)

(d) fees to be paid whenever either by or under this Ordinance
or otherwise the official signature of the Director to any
certificate, authorization, consent, licence, permit or ex-
emption, or to any alteration, transfer or renewal thereof.
addition thereto or endorsement thereon, is requested or
required, or whenever a search of the registers of his
department is granted;(Added, 37 of 1959, s. 19)
CAP. 2811 Merchant Shipping (1986 Ed.

(2) Any regulations made under this Ordinance may prescribe offences in respect of contraventions of those regulations, and may provide for the imposition in respect of any such offence of a fine not exceeding $50,000 and of imprisonment for a period not exceeding 2 years. (Replaced, 73 of 1974, s. 12)

(3) Any regulations made under this Ordinance may

(a) make different provisions for different circumstances and ,provide for a particular case or class of cases;

(b) be made so as to apply only in such circumstances as are prescribed by the regulations;

(c) -provide in respect of any provision thereof that the Director of Marine may amend that provision by notice in the Gazette; and

(d) provide that in such cases as are prescribed by the regulations a ship shall be liable to be detained or delayed by such person as may be prescribed by the regulations. (Added, 30 of 1984, s. 5)

(4) Any fees prescribed under this Ordinance, or by virtue of section 35 of the Shipping and Port Control Ordinance

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

(b) may, without prejudice to the generality of paragraph (a), be fixed at different amounts in relation to different sizes of vessel, whether measured by tonnage, length or otherwise, or in relation to different classes, types or descriptions of service, facility, licence or vessel. (Added, 25 of 1986, s.3)

115. (1) There may be paid out of the revenue to any officer or person appointed under this Ordinance, or to any member of a marine court or court of survey, or to any assessor, such remuneration as this Ordinance directs, or in so far as this Ordinance does not extend as the Governor may direct.

(2) There may be paid out of the revenue all costs and compensation payable by the Governor or the Government in pursuance of this Ordinance.

(3) The fees prescribed by the Governor in Council are hereby declared to be payable to the Director, and the same and all other





fees payable under this Ordinance may be recovered in the District
Court as a civil debt. (Amended, 17 of 1965, s. 62 and 35 of 1969, Schedule)

116. [Repealed, 76 of 1978, s. 811

PART XVII

APPLICATION, EXEMPTIONS AND CONSEQUENTIAL
PROVISIONS

117. (1) Such of the provisions of the Merchant Shipping Acts
as apply to the Colony and are inconsistent with the provisions of
this Ordinance are hereby repealed so far as they relate to ships
registered in the Colony. But in all other respects the provisions of
the said Acts shall be deemed to be in force in the Colony, so far as
they are applicable thereto, and to extend, so far as they can be
extended, to all ships registered in Colony and to the owners,
master and crews of such ships:

Provided however that the provisions of the Merchant Shipping
(Safety and Load Line Conventions) Act 1932, and of the Merchant
Shipping (Safety Convention) Act 1949, shall extend to the Colony
and to ships registered therein and their owners, masters and crews
only to the extent that the same shall have been extended to the
Colony by Order of Her Majesty in Council.

(2) Any misdemeanor or other offence under any of the said Acts
or under this Ordinance may be prosecuted, heard and determined
summarily by any magistrate in accordance with the provisions of the
Magistrates Ordinance. (Amended, 63 of 1970, s. 5)

118. (1) The Governor may, if he thinks fit, and upon such
conditions (if any) as he thinks fit to impose, exempt any vessel from
any specified requirement contained in, or prescribed in pursuance of,
this Ordinance, or dispense with the observance of any such
requirement in the case of any vessel, if he is satisfied that that
requirement has been substantially complied with in the case of that
vessel, or that compliance with the requirement is unnecessary in the
circumstances of the case, and that the action taken or provision made
as respects the subject matter of the requirement in the case of the
vessel is as effective as, or more effective than actual compliance with
the requirements:

Provided that the Chief Secretary shall in the month of January in
each year lay before Legislative Council a special report stating the
cases in which the Governor has exercised his powers under this
subsection during the preceding year, and the grounds upon which
action has been taken in each case. (Amended, 17 of 1957, s. 3)

(2) This Ordinance shall not, except where otherwise specially
provided, apply to Her Majesty's ships of war or to the ships of war of
any foreign nation. (Amended, 17 of 1965, s. 63 and 76 of 1978, S.81)





119. (1) Without prejudice to the general application of sec-
tion 36(1) of the Interpretation and General Clauses Ordinance, the
enactments, instruments, and regulations made or prescribed by or
under any enactment repealed by this Ordinance shall remain in
force so far as they are not inconsistent with the provisions hereof
and until they shall have been expressly repealed or shall have been
replaced by rules and regulations made under the provisions of this
Ordinance. (Amended, 17 of 1965, s. 65)
(2) [Deleted, 17 of 1965, s. 651

120. For the avoidance of doubt, it is declared that the Shipping
and Port Control (Fees) Ordinance 1986 shall apply in relation to
any port dues or other fees or charges specified in regulations made
before its commencement*, and not revoked prior thereto, as it
applies in relation to port dues and other fees and charges prescribed
thereafter.
(25 of 1986, s. 4, incorporated)
Originally 14 of 1953. 44 of 1954. 42 of 1956. 17 of 1957. 37 of 1959. 17 of 1965. 13 of 1966. 35 of 1969. 63 of 1970. 5 of 1971. 10 of 1971. 9 of 1973. 73 of 1974. 35 of 1975. 52 of 1977. 53 of 1978. 65 of 1978. 76 of 1978. 76 of 1978. 1 of 1979. 47 of 1979. L.N. 286/79. L.N. 316/80. 64 of 1980. 62 of 1981. 63 of 1981. L.N. 374/81. 54 of 1982. L.N. 393/82. L.N. 30/82. 6 of 1983. L.N. 100/84. 30 of 1984. 47 of 1985. L.N. 262/85. 25 of 1986. 36 of 1986. G.N.A. 141/53. Short title. Interpretation. [cf. pr. Act, s. 742] (1949 c. 43.) Pr. Act. S. 742. (Cap. 281, sub. Leg.) 1949 c. 43, s. 26. (Cap. 313.) (1894 c. 60.) Pr. Act, s. 742. Certificate or licence required by all ships trading in Colony. (Cap. 313.) Scale of certificated officers and other seamen. Pr. Act, s. 92. [cf. Pr. Act, s. 103.] Rating as A.B. [cf. 1948, c. 44 s. 5(1), (5) & (6).] Certificates as A.B. granted in other parts of Commonwealth. [cf. 1948, c. 44 s. 5(4).] Certificates of competency. [cf. Pr. Act, s. 94, & 1914 c. 42.] [cf. 1948, c. 44 s. 5(2).] Standards of competency of officers and other seamen. Forgery, etc. of certificate. Pr. Act, s. 104. Certain exemptions. Mercantile Marine Office. Agreement to be made with seamen. [cf. Pr. Act, s. 113.] Fees upon engagement and discharge. Procedure upon discharge, and provision for seamen left behind or remaining in Colony. Protection from process. Relief of distressed seamen belonging to ship registered in the Colony. Removal of discharged seamen. Apprehension and detention of seamen who desert, etc. Offences against discipline. Ship to carry medicines, medical stores, etc., in accordance with scale. Pr, Act, s. 202. Regulations as to crew accommodation. [cf. 1970 c. 36, s. 20.] (S.I. 1978/795.) (Cap. 1.) Penalty on master for filthy condition of ship. Medical inspection. Death or desertion to be reported. Property of deceased seamen to be delivered to Director. Pr. Act, ss. 175 and 176. Forfeiture of ships. (Cap. 369.) Determination of applications of forfeiture. (Cap. 369.) (Cap. 221.) (Cap. 227.) Claims for return of forfeited ships. Expiry of sections 34A, 34B and 34C. Interpretation. (Cap. 313.) Preliminary inquiry. Pr. Act, s. 465. Governor may appoint marine court; constitution, etc. Pr. Act, s. 478. Enumeration of casualties, causes for inquiry, etc. Pr. Act, s. 464. Pr. Act, s. 478. [cf. Pr. Act, s. 729.] Penalty for refusing to attend as a witness, etc. [cf. Pr. Act, s. 729(3).] Grounds for cancellation or suspension of certificate. Pr. Act, s. 470(1). [cf. pr. Act, s. 422.] Pr. Act, s. 470(2). Pr. Act, s. 470(3). Pro. Act, s. 470 (4). Provisions for re-hearing and appeal. [cf. Pr. Act, s. 478.] (1906 c. 48.) (Cap. 4.) (47 of 1985.) [*26.7.85.] Further powers of court. (Cap. 277.) Regulations as to procedure, fees, etc. (Cap. 227.) Interpretation. Certificates of competency as trawling masters. Voyages without certificated officers. Regulations applicable to trawlers. Certificates of competency for trawling masters, etc. Application of other provisions of the Ordinance to trawlers. (1949 c. 43.) Pr. Act, s. 376(1)(i). Interpretation. (Cap. 41.) (Cap. 281, sub. leg.) Obligation on users of pleasure vessels to be insured against third party risks. Requirements in respect of policies. Certain conditions to policies to be of no effect. Duty of insurers to satisfy judgments against persons insured in respect of third party risks. Bankruptcy, etc., of insured persons not to affect certain claims by third parties. (Cap. 273.) Avoidance of restrictions on scope of policies covering third party risks. Duty of person against whom claims are made to give information as to insurance. Requirements as to production of policy. Records of insurance. Termination of policy Production of proof of insurance on application for pleasure vessel licence or on production of licence following transfer of ownership of pleasure vessel. (Cap. 281, sub. leg.) Offences and penalties. Power to detain ship in certain cases. [cf. pr. Act, & 692(3).] Penalty for taking detained ship to sea. [cf. Pr. Act, s. 692(1).] Notice to be given to nearest consular officer where proceedings taken in respect of a foreign slip. 1932 c, 9 s. 69 & 1949 c. 43 & 35. Use of official log and articles of agreement as evidence. [cf. pr. Act, s. 239(6).] Service of documents [cf. Pr. Act, s. 696(1).] Regulations General powers. (Cap. 313.) Payment of remuneration to certain persons. Modified application of Merchant Shipping Acts. [cf. Pr. Act, ss. 264 & 735.] (1932 c. 9.) (1949 c. 43.) [cf. 1932 c. 9, s. 72.] (Cap. 227.) Dispensing power and exemption. [1906 c. 48 s. 78.] regulations. (Cap. 1.) Validation. (25 of 1986.) [*16.5.86.]

Originally 14 of 1953. 44 of 1954. 42 of 1956. 17 of 1957. 37 of 1959. 17 of 1965. 13 of 1966. 35 of 1969. 63 of 1970. 5 of 1971. 10 of 1971. 9 of 1973. 73 of 1974. 35 of 1975. 52 of 1977. 53 of 1978. 65 of 1978. 76 of 1978. 76 of 1978. 1 of 1979. 47 of 1979. L.N. 286/79. L.N. 316/80. 64 of 1980. 62 of 1981. 63 of 1981. L.N. 374/81. 54 of 1982. L.N. 393/82. L.N. 30/82. 6 of 1983. L.N. 100/84. 30 of 1984. 47 of 1985. L.N. 262/85. 25 of 1986. 36 of 1986. G.N.A. 141/53. Short title. Interpretation. [cf. pr. Act, s. 742] (1949 c. 43.) Pr. Act. S. 742. (Cap. 281, sub. Leg.) 1949 c. 43, s. 26. (Cap. 313.) (1894 c. 60.) Pr. Act, s. 742. Certificate or licence required by all ships trading in Colony. (Cap. 313.) Scale of certificated officers and other seamen. Pr. Act, s. 92. [cf. Pr. Act, s. 103.] Rating as A.B. [cf. 1948, c. 44 s. 5(1), (5) & (6).] Certificates as A.B. granted in other parts of Commonwealth. [cf. 1948, c. 44 s. 5(4).] Certificates of competency. [cf. Pr. Act, s. 94, & 1914 c. 42.] [cf. 1948, c. 44 s. 5(2).] Standards of competency of officers and other seamen. Forgery, etc. of certificate. Pr. Act, s. 104. Certain exemptions. Mercantile Marine Office. Agreement to be made with seamen. [cf. Pr. Act, s. 113.] Fees upon engagement and discharge. Procedure upon discharge, and provision for seamen left behind or remaining in Colony. Protection from process. Relief of distressed seamen belonging to ship registered in the Colony. Removal of discharged seamen. Apprehension and detention of seamen who desert, etc. Offences against discipline. Ship to carry medicines, medical stores, etc., in accordance with scale. Pr, Act, s. 202. Regulations as to crew accommodation. [cf. 1970 c. 36, s. 20.] (S.I. 1978/795.) (Cap. 1.) Penalty on master for filthy condition of ship. Medical inspection. Death or desertion to be reported. Property of deceased seamen to be delivered to Director. Pr. Act, ss. 175 and 176. Forfeiture of ships. (Cap. 369.) Determination of applications of forfeiture. (Cap. 369.) (Cap. 221.) (Cap. 227.) Claims for return of forfeited ships. Expiry of sections 34A, 34B and 34C. Interpretation. (Cap. 313.) Preliminary inquiry. Pr. Act, s. 465. Governor may appoint marine court; constitution, etc. Pr. Act, s. 478. Enumeration of casualties, causes for inquiry, etc. Pr. Act, s. 464. Pr. Act, s. 478. [cf. Pr. Act, s. 729.] Penalty for refusing to attend as a witness, etc. [cf. Pr. Act, s. 729(3).] Grounds for cancellation or suspension of certificate. Pr. Act, s. 470(1). [cf. pr. Act, s. 422.] Pr. Act, s. 470(2). Pr. Act, s. 470(3). Pro. Act, s. 470 (4). Provisions for re-hearing and appeal. [cf. Pr. Act, s. 478.] (1906 c. 48.) (Cap. 4.) (47 of 1985.) [*26.7.85.] Further powers of court. (Cap. 277.) Regulations as to procedure, fees, etc. (Cap. 227.) Interpretation. Certificates of competency as trawling masters. Voyages without certificated officers. Regulations applicable to trawlers. Certificates of competency for trawling masters, etc. Application of other provisions of the Ordinance to trawlers. (1949 c. 43.) Pr. Act, s. 376(1)(i). Interpretation. (Cap. 41.) (Cap. 281, sub. leg.) Obligation on users of pleasure vessels to be insured against third party risks. Requirements in respect of policies. Certain conditions to policies to be of no effect. Duty of insurers to satisfy judgments against persons insured in respect of third party risks. Bankruptcy, etc., of insured persons not to affect certain claims by third parties. (Cap. 273.) Avoidance of restrictions on scope of policies covering third party risks. Duty of person against whom claims are made to give information as to insurance. Requirements as to production of policy. Records of insurance. Termination of policy Production of proof of insurance on application for pleasure vessel licence or on production of licence following transfer of ownership of pleasure vessel. (Cap. 281, sub. leg.) Offences and penalties. Power to detain ship in certain cases. [cf. pr. Act, & 692(3).] Penalty for taking detained ship to sea. [cf. Pr. Act, s. 692(1).] Notice to be given to nearest consular officer where proceedings taken in respect of a foreign slip. 1932 c, 9 s. 69 & 1949 c. 43 & 35. Use of official log and articles of agreement as evidence. [cf. pr. Act, s. 239(6).] Service of documents [cf. Pr. Act, s. 696(1).] Regulations General powers. (Cap. 313.) Payment of remuneration to certain persons. Modified application of Merchant Shipping Acts. [cf. Pr. Act, ss. 264 & 735.] (1932 c. 9.) (1949 c. 43.) [cf. 1932 c. 9, s. 72.] (Cap. 227.) Dispensing power and exemption. [1906 c. 48 s. 78.] regulations. (Cap. 1.) Validation. (25 of 1986.) [*16.5.86.]

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