MERCHANT SHIPPING (SAFETY) ORDINANCE

MERCHANT SHIPPING (SAFETY) ORDINANCE

LAWS OF HONG KONG

MERCHANT SHIPPING (SAFETY) ORDINANCE

CHAPTER 369





CHAPTER 369

MERCHANT SHIPPING (SAFETY) ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1. Short title ................................ ... ... ... ... ... ... ... 5
2. Interpretation.............................. ... ... ... ... ... ... ... 5
3. Application ................................ ... ... ... ... ... ... ... 6

PART 11

SURVEY AND CERTIFICATES

Preliminary

4. Interpretation ............................. ... ... ... ... ... ... ... 6

5. Appointment of Government surveyors .... ... ... ... ... ... ... ... 8

6. Powers and duties of Government surveyors ... ... ... ... ... ... ... 8

7. Returns by Government surveyors ............ ... ... ... ... ... ... ... 8

8. Approval of organizations to survey ships and issue certificates ... ... ... 8

Surveys

9. Annual survey of passenger ship ............ ... ... ... ... ... ... ... 9

10........................Mode of survey and declaration of survey ... ... ... ... ... ... ... 9
11........................Survey of ships other than passenger ships ... ... ... ... ... ... ... 9

12................Appeal to court of survey ... ... ... ... ... ... ... ... ... ... ... 10
13................No appeal in certain cases ... ... ... ... ... ... ... ... ... ... ... 10

Issue of certificates

14..................Issue of passenger certificate ... ... ... ... ... ... ... ... ... ... 10

15......................................Issue for passenger ships of safety certificates and exemption certificates ... 11

16....................................Modification of safety certificate in respect of life-saving appliances ... ... 12

17..........................................Issue for cargo ships of safety equipment certificates and exemption certificates 12

18....................................Issue for cargo ships of radio certificates and exemption certificates ... ... 13

19.............................Renewal of radio certificates for small cargo ships ... ... ... ... ... 14

20..........................................Issue of general safety certificates, etc. on partial compliance with regulations 14

21....................................Cargo ship safety construction certificates and exemption certificates ... ... 14

22......................Delivery of certificate and declarations ... ... ... ... ... ... ... ... 15
23......................Notice of alterations and additional surveys ... ... ... ... ... ... ... 15

24..................Certificates to be exhibited ... ... ... ... ... ... ... ... ... ... 16







25. Prohibition on proceeding to sea without appropriate certificates ... ... ... 16

26................Duration of certificates .... ... ... ... ... ... ... ... ... ... ... 18

27..................Cancellation of certificates ... ... ... ... ... ... ... ... ... ... 18
28. Delivery up of certificates 19

29. Extension of certificates ... ... ... ... ... ... ... ... ... ... ... ... 19
30. Miscellaneous provisions ... ... ... ... ... ... ... ... ... ... ... ... 19
31. Issue of certificate at request of Director ... ... ... .... ... ... ... ... ... 19
32. Forgery of certificates 11 . ... ... ... ... ... ... ... ... ... ... ... 20





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

Convention ships of other countries

33..................................Certificates of Convention ships not registered in Hong Kong ... ... ... 20
34..................................Further provisions as to the production of Convention certificates ... ... ... 21

Exemption of certain ships from this Part

35...................Exemption of certain ships ... ... ... . ... ... ... ... ... 22

PART III

EQUIPMENT OF SHIPS AND EXCESS
PASSENGERS

36,..................Equipment of passenger ships ... ... ... ... ... .... ... ... ... ... 22

37................................Restriction to decks on which passengers may be carried ... ... ... ... 23

38..............Excess passengers ............. ... ... ... ... ... ... ... ... ... 23

39....................................Director may refuse clearance of ship carrying excess passengers ... ... 24

40............................Prohibition on increasing weight on safety valve ... ... ... ... ... ... 25

41............Signalling lamps ............. ... ... ... ... ... ... ... ... ... ... 25
42............Anchors and cables ........... ... ... ... ... ... ... ... ... ... ... 25

43. Duties of owners and masters as to carrying life-saving appliances and fire-fighting

appliances ............................ ... ... ... ... ... ... ... 26

44. Penalty for breach of life-saving appliances regulations and fire-fighting

appliances regulations .................. ... ... ... ... ... ... ... 26
45.................Entry in log-book of boat-drill ... ... ... ... ... ... ... ... ... ...
26
46.................Application to foreign ships ... ... ... ... ... ... ... ... ... ... ... 27

PART IV

LOAD LINES

Preliminary

47. Interpretation.................. ... ... ... ... ... ... ... ... ... ... 27

1 ... Ships registered in Hong Kong

48......................Compliance with load line regulations ... ... ... ... ... ... ... ... 29

49...............Submersion of load lines .... ... ... ... ... ... ... ... ... ... ... 29

50........................Miscellaneous offences in relation to marks ... ... ... ... ... ... ... 31

51..................Issue of load line certificate ... ... ... ... ... ... ... ... ... ... 31
52..................Effect of load line certificate ... ... ... ... ... ... ... ... ... ... 31
53..................Endorsement of load line certificates ... ... ... ... ... ... .... ...
31

54.............................Ship not to proceed to sea without load line certificate ... ... ... ... ... 32

55.........................................Display of load line certificate and entry of particulars in official log-book 32







56.............inspection of ships ........... ... ... ... ... ... ... ... ... ... ... 33

Ships not registered in Hong Kong

57..................Valid Convention certificates ... ... ... ... ... ... ... ... ... ... 33
58. Compliance with load line regulations 33

59. Submersion of load lines ... ... ... ... ... ... ... ... ... ... ... ... 34
60. Production of certificate to Director ... ... ... ... ... ... ... ... ... 35
61. Provisions as to inspection ... ... ... ... ... ... ... ... ... 35





Section Page

Exemptions

62. Power to exempt ... ... ... ... ... ... ... ... ... ... ... ... ... ... 36
63. Issue of exemption certificates ... ... ... ... ... ... ... ... ... ... ... 36
64. Endorsement of exemption certificates ... ... ... ... ... ... ... ... ... 36

Subdivision load lines

65. Subdivision load lines ... ... ... ... ... ... ... ... ... ... ... ... 36

Miscellaneous and supplementary provisions

66. Miscellaneous and supplementary provisions ... ... ... ... ... ... ... ... 37

PART V

UNSAFE SHIPS AND
DETENTION

67. Ofrence in respect of dangerously unsafe ship ... ... ... ... ... ... 37
68. Power to detain unsafe ships, and procedure for detention ... ... ... ... ... 38
69. Liability for costs and damages ... ... ... ... ... ... ... ... ... ... 39
70. Power to require security for costs from complainant ... ... ... ... ... ... 39
71. General provisions in respect of detention order ... ...
... ... ... ... ... 40
72. Application of detention provisions to foreign ships ... ... ... ... ... ... 40
73. Owners' obligation to secure safety of ships ... ... ... ... ... ... ... ... 40

PART VI

COURTS OF
SURVEY'

74. Appointment of courts of survey ... ... ... ... ... ... ... ... ... ... 41
75. Procedure in respect of courts of survey ... ... ... ... ... ... ... ... ... 41
76. Nothing to affect admiralty jurisdiction of Supreme Court ... ... ... ... ... 42

PART VII

SAFETY OF
NAVIGATION

77. Observance of collision regulations ... ... ... ... ... ... ... ... ... ... 42
78. Assistance to be rendered in the event of collisions ... ... ... ... ... ... 42
79. Collision to be entered in official log-book ... ... ... ... ... ... ... ... 43
80. Report to Director of accidents to ships ... ... ... ... ... ... ... ... ... 43
81. Notice of loss of Hong Kong ship to be given to the Director ... ... ... ... 44
82. Report of dangers to navigation ... ... ... ... ... ... ... ... ... ... 44
83. Signals of distress ... ... ... ... ... ... ... ... ... ... ... ... ... 45
84. Obligation to assist vessels, etc. in distress ... ... ... ... ... ... ... ... 45
85. Careful navigation near ice ... ... ... ... ... ... ... ... ... ... ... 46
86. Method of giving helm orders ... ... ... ... ... ... ... ... ... ... ... 46

PART VIII

DANGEROUS
GOODS

87. Offences in respect of dangerous goods ... . ... ... ... ... ... ... ... ... 47
88. Stowage of dangerous goods ... ... ... ... ... ... ... ... ... ... ... 47
89. Forfeiture of dangerous goods ... ... ... ... ... ... ... ... ... ... ... 47





Section Page

90. Director may refuse clearance ... ... ... ... ... ... ... ... ... ... ... 48
91. Power to deal with goods suspected of being dangerous ... ... ... ... ... 48
92. Saving for other enactments relating to dangerous goods . ... ... ... ... ... 48

PART IX

REGULATIONS

93. Collision regulations ... ... ... ... ... ... ... ... ... ... ... ... ... 48

94. Passenger ship construction regulations ... ... ... ... ... ... ... ... ... 49

95. Regulations in respect of openings in passenger ships' hulls and watertight

bulkheads ... ... ... ... ... ... ... ... ... ... ... ... ... ... 49

96. Cargo ship construction and survey regulations ... ... ... ... ... ... ... 50

97. Radio regulations ... ... ... ... ... ... ... ... ... ... ... ... ... so

98. Navigational equipment regulations ... ... ... ... ... ... ... ... ... 51

99. Regulations for life-saving and fire-fighting appliances ... ... ... ... ... ... 52

100. Regulations in respect of distress signals and navigational warnings ... ... ... 53

101. Regulations in respect of carriage of dangerous goods ... ... ... ... ... ... 53

102. Load line regulations ... ... ... ... ... ... ... ... ... ... ... ... ... 53

103. Regulations for testing anchor and chain cables ... ... ... ... ... ... ... 55

104. Regulations relating to carriage of grain ... ... ... ... ... ... ... ... ... 56

105. Deck cargo regulations ... ... ... ... ... ... ... ... ... ... ... ... 56

106. Nuclear ship regulations ... ... ... ... ... ... ... ... ... ... ... ... 56

107. General safety regulations ... ... ... ... ... ... ... ... ... ... ... ... 56

108. Nautical publications ... ... ... ... ... ... ... ... ... ... ... ... ... 58

109. Regulations as to procedure, fees, etc. in courts of survey ... ... ... ... ... 59

110. Regulations as to fees and surveys ... ... ... ... ... ... ... ... ... ... 59

1ll. Adoption of regulations made under Merchant Shipping Acts ... ... ... ... 59

112. Penalties under regulations ... ... ... ... ... ... ... ... ... ... ... 60

PART X

MISCELLANEOUS PROVISIONS

113. Power of Governor to give directions ... ... ... ... ... ... ... ... ... 60

114. Power to exempt ... ... ... ... ... ... ... ... ... ... ... ... ... ... 60

115. Powers of inspection ... ... ... ... ... ... ... ... 61

116. Obstruction ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 63

117. Power to detain ... ... ... ... ... ... ... ... ... ... ... ... ... ... 64







118. Application of section 69 ... ... ... ... ... ... ... ... ... ... ... ... 64

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

foreign ships ... ... ... ... ... ... ... ... ... ... ... ... ... ... 64 120. Service of documents ...
... ... ... ... ... ... ... ... ... ... ... ... 64

121. Payment of remuneration to certain persons ... ... ... ... ... ... ... ... 65

122. Use of official log-book in evidence ... ... ... ... ... ... ... ... ... ... 65

123. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 66

Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 67





CHAPTER 369

MERCHANT SHIPPING (SAFETY)

To consolidate and amend the law relating to the safety of merchant
shipping andfor purposes connected therewith.

[25 November 1981.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Merchant Shipping (Safety)
Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'cargo ship construction and survey regulations' means the
regulations made, or deemed to be made, under section 96;

'collision regulations' means the regulations made, or deemed to be
made, under section 93;

'Convention' means the International Convention for the Safety of Life
at Sea signed in London on 1 November 1974;

'court of survey' means a court of survey appointed under section 74;

'dangerous goods' means any of the goods or substances to which
the Dangerous Goods Ordinance applies;

'Director' means the Director of Marine;

'fire-fighting appliances regulations' means the regulations made, or
deemed to be made, under section 99;

life-saving appliances regulations' means the regulations made, or
deemed to be made, under section 99;

'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 United Kingdom enactment amending or replacing
those Acts;

'navigational equipment regulations' means the regulations made, or
deemed to be made, under section 98;

'owner' includes a charterer by demise;

'passenger' means any person carried in a ship, except-

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





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

(c) a child under 1 year of age;

'passenger ship' means a ship carrying more than 12 passengers;

'passenger ship construction regulations' means the regulations made,
or deemed to be made, under section 94;

'radio regulations' means the regulations made, or deemed to be made,
under section 97;

',ship' includes any vessel used in navigation other than a vessel
propelled by oars or a junk;

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

waters of Hong Kong' means all tidal waters, navigable or not, within
the boundaries of Hong Kong specified in the Second Schedule to
the Interpretation and General Clauses Ordinance;

(2) If any amendment or any Protocol to the Convention, or the
Convention of 1966 referred to in Part IV, comes into force or if any
Convention replaces either Convention references in this Ordinance to
those Conventions shall, unless the context otherwise requires, be
construed as references to the Conventions as amended or replaced

3. This Ordinance shall apply to all ships except-

(a) ships of war;

(b) fishing vessels;

(c) pleasure vessels; and

(d)vessels required to be licensed under Part IV of the Shipping
and Port Control Ordinance.

PART II

SURVEY AND CERTIFICATES

Preliminary

4. (1) In this Part, unless the context otherwise requires-

'accepted Convention certificate' means a certificate in the form
prescribed by the Convention or by the Protocol of 1978 relating to
the Convention;

'cargo ship safety construction certificate' means a certificate issued
under section 21 (1);





.'cargo ship safety equipment certificate' means a certificate issued
under section 17(1);

'cargo ship safety radio certificate' means a certificate issued under
section 18(1);

'Convention country' means-

(a)a country the government of which has been declared by Her
Majesty in Council to have accepted the Convention, and has
not been so declared to have denounced the Convention; or

(b)a territory to which it has been so declared that the
Convention extends, not being a territory to which it has been
so declared that the Convention has ceased to extend;

'Convention ship' means a ship registered in a Convention country
and 'Convention passenger ship' shall be construed accordingly;

'declaration of survey' means a declaration under section 10 or 11;

16 general safety certificate' means a certificate issued under section
15(1) in respect of a passenger ship registered in Hong Kong;

'international voyage' means a voyage from a port in one country to a
port in another country, either of those countries being a
Convention country; passenger certificate' means a certificate
issued under section 14;

qualified cargo ship safety construction certificate' means a certificate
issued under section 21(3)(a)(ii) or 21(3)(b);

qualified cargo ship safety radio certificate' means a certificate issued
under section 18(2)(ii);

qualified safety certificate' and 'qualified short voyage safety
certificate' mean a certificate issued under section 15(2)(ii);

qualified cargo ship safety equipment certificate' means a certificate
issued under section 17(2)(ii); short international voyage' means
an international voyage

(a)in the course of which a ship is not more than 200 nautical
miles from a port or place in which the passengers and crew
could be placed in safety; and

(b)which does not exceed 600 nautical miles in length between the
last port of call in the country in which the voyage begins and
the final port of destination;

',short voyage safety certificate' means a certificate issued under the
proviso to section 15(1).

(2) For the purposes of the definitions of 'international voy-

age' and 'short international voyage'~-





(a)no account shall be taken of any deviation by a ship from its
intended voyage due solely to stress of weather or any other
circumstances that neither the master nor the owner of the
ship could have prevented or forestalled; and

(b)every colony, overseas territory, protectorate or other
territory for whose international relations a government is
responsible or for which the United Nations are the
administering authority shall be deemed to be a separate
country.

5. (1) The Secretary for Economic Services may appoint persons to
be Government surveyors for the purposes of this Ordinance.

(2) Persons appointed as Government surveyors may be appointed
as ship surveyors, nautical surveyors, engineer surveyors or radio
surveyors, or in more than one of such capacities.

6. (1) For the purpose of ensuring that this Ordinance has been
complied with, a Government surveyor may at all reasonable times go
on board a ship and inspect the ship and its equipment or any part
thereof, any articles on board, and any document carried in the ship in
pursuance of this Ordinance, the Merchant Shipping Acts or rules or
regulations made thereunder.

(2) In making an inspection under this section, a Government
surveyor shall have all the powers conferred by section 115.

(3) A Government surveyor may inspect any ship under this
section notwithstanding that it may be exempt from any provision of
this Ordinance.

7. (1) A Government surveyor shall make such returns to the
Director as he may require with respect to the build, dimensions,
draught, cubic capacity, speed, fuel capacity, and the nature and
particulars of machinery and equipment, and specifying the number of
the certificated officers and seamen of ships surveyed by him.

(2). The owner, master and engineer of any ship so surveyed shall,
on demand, give to the surveyor all such information and assistance
within his power as he may require for the purpose of a return under
subsection (1).

(3) Any owner, master or engineer who fails without reasonable
excuse to comply with a demand under subsection (2) commits an
offence and is liable to a fine of $5,000.

8. (1) The Secretary for Economic Services may approve any
organization for the purposes of surveying ships and issuing
certificates under this Part.





(2) Every certificate issued by any organization approved by the
Secretary for Economic Services under subsection (1) shall have effect
for the purposes of this Ordinance as if it had been issued by the
Director.

Surveys

9. (1) Subject to subsection (2), every passenger ship shall be
surveyed at intervals of not more than 12 months in the manner
provided in this Part.

(2) Subsection (1) shall not apply to Convention passenger ships
plying on international voyages which hold accepted Conven

tion certificates.

(3) No passenger ship shall clear outwards or proceed on any
voyage from Hong Kong unless the master has the certificates as to
survey required under this Part which are in force and applicable to the
voyage on which the ship is about to proceed.

(4) Any passenger ship attempting to go to. sea may be detained
until the certificates mentioned in subsection (3) are produced to the
Director.

10. (1) The owner or master of a passenger ship to which section 9
applies shall have the ship surveyed by a Government surveyor.

(2) The surveyor conducting a survey under subsection (1) shall, if
satisfied that he can properly do so, complete a declaration of survey in
such form as the Director may approve and forward the completed
declaration to the Director.

(3) A declaration of survey under subsection (2) shall state-

(a)the limits, if any, beyond which the ship is not fit to ply; and

(b)the number of passengers which the ship is fit to carry,
distinguishing, if necessary, the numbers to be carried on the
deck and in the cabins,

and shall, if the circumstances so require, state any conditions and
variations, according to the time of year, the nature of the voyage, the
cargo carried, or other circumstances to which that number is subject.

(4) If in the opinion of the surveyor a passenger ship is fit to ply on
international voyages while engaged in a special trade for the carriage
of large numbers of special trade passengers, such as the pilgrim trade,
his declaration of survey under subsection (2) shall so state.

11. (1) The owner or master of a ship to which this section applies
shall have the ship surveyed to such extent, in such manner and at such
intervals as may be prescribed by the cargo ship construction and
survey regulations.





(2) The surveyor conducting a survey under subsection (1)
shall, if satisfied that he can properly do so, complete a declaration
of survey and forward the completed declaration to the Director.

(3) This section applies to-

(a) ships of not less than 500 tons gross tonnage;

(b)ships of not less than such lower tonnage and of such
description as the Governor with the consent of the Secre-
tary of State for Trade may by order specify;

(c)ships not registered in Hong Kong only while they are in
the waters of Hong Kong and are not exempt from the
cargo ship construction and survey regulations,

other than passenger ships.

12. (1) If an owner or master is aggrieved-

(a)by a declaration of a surveyor under this Part, or by the
refusal of a surveyor to give the said declaration; or

(b)by the refusal of a certificate of clearance under this
Ordinance,

the owner or master may appeal, in the manner prescribed by
regulations., to a court of survey, and upon the constitution thereof
by the Governor such court may make such order with respect to the
costs of any such investigation as it thinks fit, and such costs shall be
paid accordingly, and shall be recoverable in the same manner as
costs in summary proceedings before any magistrate.

(2) On such appeal, the court of survey shall report to the
Governor on the question raised by the appeal, and the Governor,
when satisfied that the requirements of the report and this Ordi-
nance and any other enactment have been complied with, may
require the Director to give the certificates required.

13. Where the survey of a ship is made for the purpose of a
declaration under this Part, the person appointed to make the survey
shall, if so required by the owner or master, be accompanied on the
survey by some competent person appointed by the owner or
master, to be approved by the Director, and in such case, if those 2
persons agree, there shall be no appeal to the court of survey as
provided by section 12.

Issue of certificates

14. If the Director, on receipt of a declaration of survey under
section 10 in respect of a passenger ship, is satisfied that this Part has
been complied with, he shall, on the application of the owner, agent
or master, issue a passenger certificate stating such compliance and
stating the terms of the declaration in accordance with section 10(3)
and (4).





15. (1) If the Director, on receipt of a declaration of survey in
respect of a passenger ship registered in Hong Kong is satisfied

(a)that the ship complies with the passenger ship construction
regulations, the life-saving appliances regulations, the
firefighting appliances regulations, the radio regulations and
the navigational equipment regulations applicable to the ship
and to such international voyages as it is to be engaged on;
and

(b)that it is properly provided with the lights, shapes and means
of making sound signals required by the collision regulations,

he shall, on the application of the owner, agent or master, issue in
respect of the ship a general safety certificate showing that the ship
complies with the requirements of the Convention applicable to such
ship and such voyage:

Provided that if the voyages on which the ship is to be engaged are
short international voyages and it complies only with such of those
regulations as are applicable to those voyages, the certificate shall show
that the ship complies with the requirements of the Convention
applicable to it as a ship plying on short international voyages.

(2) If the Director, on receipt of a declaration of survey in respect
of a passenger ship to which subsection (1) applies, is satisfied that

(a)the ship is exempt, by virtue of any exercise by him of a power
in that behalf conferred on him by this Ordinance or conferred
on him by regulations made under this Ordinance, from any of
the requirements of the passenger ship construction
regulations, the life-saving appliances regulations, the fire-
fighting appliances regulations, the radio regulations or the
navigational equipment regulations applicable to the ship and
to such international voyages as it is to be engaged on,
whether short voyages or otherwise;

(b) it complies with the rest of those requirements; and

(c)it is properly provided with the lights, shapes and means of
making sound signals required by the collision regulations,

he shall, on the application of the owner, agent or master, issue in
respect of the ship

(i) an exemption certificate stating which of the requirements of
the Convention applicable as aforesaid the ship is exempt
from and that the exemption is conditional on the ship's
plying only on the voyages and being engaged only in the
trades and complying with the other conditions (if any)
specified in the certificate; and

(ii) a qualified safety certificate or a qualified short voyage safety
certificate, as the case may be, showing that the ship complies
with the rest of those requirements.





16. (1) If, on any. international voyage, a passenger ship registered
in Hong Kong in respect of which a safety certificate is in force has on
board a total number of persons less than the number stated in that
certificate to be the number for which the life-saving appliances on the
ship provide, the Director may, at the request of the owner, agent or
master of the ship, issue a memorandum stating

(a)the total number of persons carried on the ship on that
voyage;and

(b)the consequent modification which may be made for the
purpose of that voyage in the particulars with respect to life-
saving appliances stated in the certificate.

(2) Any memorandum issued under subsection (1) shall-

(a) be annexed to the certificate to which it relates; and

(b)be submitted to the Director at the end of the voyage to which
it relates.

(3) If a memorandum issued under subsection (1) is not submitted
to the Director at the end of the voyage to which it relates the master of
the ship commits an offence and is liable to a fine of $2,000.

17. (1) If the Director, on receipt of a declaration of survey in
respect of a ship registered in Hong Kong not being a passenger ship, is
satisfied

(a)that the ship complies with the life-saving appliances
regulations and the fire-fighting appliances regulations
applicable to the ship and to such international voyages as it
is to be engaged on; and

(b)that it is properly provided with the lights, shapes and means
of making sound signals required by the collision regulations,

he shall, on the application of the owner, agent or master, issue in
respect of the ship a cargo ship safety equipment certificate showing
that the ship complies with such of the requirements of the Convention
relating to those matters as are applicable as aforesaid.

(2)' If the Director, on receipt of a declaration of survey in respect
of a ship to which subsection (1) applies, is satisfied that

(a)the ship is exempt, by virtue of any exercise by him of a power
in that behalf conferred on him by this Ordinance or conferred
on him by the life-saving appliances regulations and the fire-
fighting appliances regulations, from any of the requirements
of those regulations applicable to the ship and to such
international voyages as it is to be engaged on;

(b) it complies with the rest of those requirements; and

(c)it is properly provided with the lights, shapes and means of
making sound signals required by the collision regulations,





he shall, on the application of the owner, agent or master, issue in
respect of the ship

(i) an exemption certificate stating which of the requirements of
the Convention, being requirements the subject of the life-
saving appliances regulations and the fire-fighting
appliances regulations and applicable as aforesaid, the ship
is exempt from, and that the exemption is conditional on the
ship's plying only on the voyages and complying with the
other conditions (if any) specified in the certificate; and

(ii) a qualified cargo ship safety equipment certificate showing
that the ship complies with the rest of those requirements.

18. (1) If the Director, on receipt of a declaration of survey in
respect of a ship registered in Hong Kong not being a passenger ship, is
satisfied that the ship complies with the radio regulations and the
navigational equipment regulations applicable to the ship and to such
international voyages as it is to be engaged on, he shall, on the
application of the owner, agent or master, issue in respect of the ship a
cargo ship safety radio certificate showing that the ship complies with
such of the requirements of the Convention relating to radiotelegraphy,
radiotelephony, radio navigational aids and directionfinders as are
applicable.

(2) If the Director, on receipt of a declaration of survey in respect
of a ship to which subsection (1) applies, is satisfied

(a)that the ship is exempt---by virtue of any exercise by him of a
power in that behalf conferred on him by this Ordinance or
conferred on him by the regulations in question, from any of
the requirements of the radio regulations or the navigational
equipment regulations applicable to the ship and to such
international voyages as it is to be engaged on; and

(b)that it complies with the rest of the requirements of those
regulations,

he shall, on the application of the owner, agent or master, issue in
respect of the ship

(i) an exemption certificate stating which of the requirements of
the Convention relating to radiotelegraphy, radiotelephony,
radio navigational aids and direction-finders, being
requirements applicable as aforesaid, the ship is exempt from,
and that the exemption is conditional on the ship's plying
only on the voyages and complying with the other conditions
(if any) specified in the certificate; and

(ii) a qualified cargo ship safety radio certificate showing that the
ship complies with the rest of those requirements.

(3) Where any ship registered in Hong Kong is wholly exempt from
the requirements of the radio regulations and the navigational
equipment regulations, the Director shall, on the application of the
owner, agent or master, issue an exemption certificate stating that





the ship is wholly exempt from the requirements of the Convention
relating to radiotelegraphy, radiotelephony, radio navigational aids
and direction-finders and specifying the voyages on which, and
conditions (if any) on which, the ship is so exempt.

19. Where a cargo ship safety radio certificate or qualified
cargo ship safety radio certificate is in force in respect of a ship of
less than 500 tons gross tonnage, other than a passenger ship, and
the ship is surveyed by a Government surveyor at a time not earlier
than 2 months before the end of the period for which the certificate is
in force, then, if on receipt of the declaration of survey a new
certificate is issued before the end of that period-

(a) the current certificate may be cancelled; and

(b)the new certificate may, notwithstanding anything in sec-
tion 26, be issued for a period ending not later than 12
months after the end of the first-mentioned period.

20. Where a ship complies with all the requirements of the
passenger ship construction regulations, the life-saving appliance
regulations, the fire-fighting appliances regulations, the radio regula-
tions and the navigational equipment regulations applicable to the
ship and to the voyages on which it is to be engaged so far as those
requirements are requirements of the Convention applicable as
aforesaid, the Director may issue in respect of the ship a general
safety certificate, short voyage safety certificate, cargo ship safety
equipment certificate or cargo ship safety radio certificate, as the
case may be, notwithstanding that it is exempt from, or for some
other reason does not comply with, any requirements of those
regulations which are not applicable requirements of the Conven-
tion.

21. (1) If the Director is satisfied, on receipt of a declaration
of survey in respect of a ship to which section 11 applies and which is
registered in Hong Kong, that the ship complies with the cargo ship
construction and survey regulations applicable to the ship and such
voyages as it is to be engaged on, he shall, on the application of the
owner, agent or master, issue in respect of the ship-

(a)if the ship is of not less than 500 tons gross tonnage and is
to be engaged on international voyages, a cargo ship safety
construction certificate in the form prescribed by the
Convention or by the Protocol of 1978 relating to the
Convention;

(b)in any other case, a cargo ship safety construction certifi-
cate showing that it complies with the said regulations.

(2) If the Director, on receipt of a declaration of survey in
respect of such a ship, is satisfied that-

(a)the ship is exempt, by virtue of any exercise by him of a
power in that behalf conferred on him by this Ordinance or





the cargo ship construction and survey regulations, from any
of the requirements of those regulations applicable to the ship
and to such voyages as it is to be engaged on; and

(b) it complies with the rest of those requirements,

he shall, on the application of the owner, agent or master, issue
specified certificates in respect of the ship.

(3) The specified certificates referred to in subsection (2) shall be

(a)if the ship is of not less than 500 tons gross tonnage and is to
be engaged on international voyages

(i) an exemption certificate stating which of the
requirements of the Convention, being requirements
implemented by the regulations and applicable as aforesaid,
the ship is exempt from and that the exemption is conditional
on the ship's plying on the voyages and complying with the
other conditions (if any) specified in the certificate; and

(ii) a qualified cargo ship safety construction certificate
showing that the ship complies with the rest of those
requirements;

(b)in any other case, a qualified cargo ship safety construction
certificate showing that the ship complies with such of the
requirements of the cargo ship construction and survey
regulations applicable to the ship and to the voyages it is to
be engaged on as it is not exempt from.

22. (1) The Director shall, upon the completion of any certificate
under this Part, deliver such certificate in duplicate to the owner, agent
or master applying for the certificate upon the payment of such fees as
may be prescribed.

(2) Any declaration of survey shall be produced for the inspection
of the owner, agent or master of the ship to which the declaration
relates.

23. (1) The owner or master of a ship in respect of which any
certificate issued under this Part is in force shall, as soon as possible,
after any alteration is made

(a)in the ship's hull, equipment or machinery affecting the
efficiency thereof or the seaworthiness of the ship; or

(b)in the appliances or equipment required by the life-saving
appliances regulations, the fire-fighting appliances
regulations, the radio regulations, the navigational equipment
regulations or the collision regulations to be carried by the
ship, being an alteration affecting the efficiency or
completeness of those appliances or equipment,

given written notice to the Director containing full particulars of the
alteration.





(2) If notice of any alteration is not given as required by this
section, the owner or master of the ship commits an offence and is
liable to a fine of $10,000 and to imprisonment for- 6 months.

(3) If the Director has reason to believe that since the making
of the last declaration of survey in respect of any ship to which
subsection (1) applies-

(a)any such alteration has been made as is mentioned in
subsection (1);

(b)the hull, equipment or machinery of the ship have sus-
tained any damage or are otherwise insufficient; or

(c)the appliances or equipment of the ship referred to in
subsection (1)(b) have sustained any damage or are other-
wise insufficient,

he may, without prejudice to his powers under section 27, require the
ship to be surveyed again as he thinks fit, and, if such requirement is
not complied with, may cancel any certificate issued in respect of the
ship under this Part.

(4) The power of the Director under subsection (3) to cancel a
certificate shall be exercisable also where a ship has hot been
submitted for survey as required by the cargo ship construction and
survey regulations.

(5) For the purposes of this section, -alteration- in relation to
anything includes the renewal of any part of it.

24. (1) The owner or master of every ship shall forthwith on
the receipt by him of a certificate under this Part cause one of the
duplicates to be exhibited in some conspicuous part of the ship so as
to be visible to all persons on board and shall cause it to continue to
be exhibited so long as it remains in force and such ship is in use.

(2) If subsection (1) is not complied with, the owner or
master concerned commits an offence unless he has a reasonable
excuse, and is liable to a fine of $5,000.

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

(a)compliance by the owner or master shall be deemed to be
compliance by both of them; and

(b)an owner or master does not have a reasonable excuse by
reason only that he has delegated his responsibility to his
agent.

25. (1) No ship registered in Hong Kong shall proceed to sea
on an international voyage unless there is in force in respect of the
ship-

(a)if it is a passenger ship, a passenger certificate, a general
safety certificate, a short voyage safety certificate, a quali-
fied safety certificate or a qualified short voyage safety





certificate which, subject to subsection (5), is applicable to
the voyage on which the ship is about to proceed and to the
trade in which it is for the time being engaged;
(b) if it is a ship to which section 11 applies-
(i) a cargo ship safety equipment certificate or a quali-
fied cargo ship safety equipment certificate; and
(ii) a cargo ship safety. radio certificate or a qualified
cargo ship safety radio certificate or an exemption certifi-
cate stating that it is wholly exempt from the requirements
of the Convention relating to radiotelegraphy, radiotel-
ephony, radio navigational aids and direction-finders; and
(iii) a cargo ship safety construction certificate or a
qualified cargo ship safety construction certificate,

applicable to the ship and the voyage on which it is about
to proceed.
(2) For the purposes of subsection (1)-

(a)subsection (1)(b) shall not prohibit a ship from proceeding
to sea if there is in force in respect of the ship such
certificate or certificates as would be required if it were a
passenger ship;
(b)a qualified certificate shall not be deemed to be in force in
respect of a ship unless there is also in force in respect of
the ship the corresponding exemption certificate; and an
exemption certificate shall be of no effect unless it is by its
terms applicable to the voyage on which the ship is about
to proceed.

(3) If any ship proceeds, or attempts to proceed to sea in
contravention of this section the owner or master of the ship,
without prejudice to any other penalty under this Ordinance,
commits an offence and is liable to a fine of $10,000.
(4) The owner, agent or master of any ship to which this
section applies shall produce to the Director, at the time a clearance
for the ship is demanded for an international voyage, the certificate
or certificates required under this section to be in force when the ship
proceeds to sea; and a clearance shall not be granted, and the ship
may be detained, until such certificate or certificates are produced.

(5) Where the Director permits any passenger ship in respect
of which there is in force a short voyage safety certificate, whether
qualified or not, to proceed to sea on an international voyage from
Hong Kong not exceeding 1200 nautical miles in length between
Hong Kong and the final port of destination, the certificate shall for
the purposes of this section be deemed to be applicable to the voyage
on which the ship is about to proceed notwithstanding that the
voyage exceeds 600 nautical miles between Hong Kong and such
port.

(6) Where an exemption certificate issued in respect of any
ship registered in Hong Kong specifies any conditions on which the





certificate is issued and any of those conditions is not complied with,
the owner or master of the ship commits an offence and is liable to a fine
of $10,000.

26. (1) A passenger certificate, a general safety certificate, a radio
certificate or an exemption certificate under section 18(3) shall remain in
force for 1 year from the date of its issue or for such shorter period as
may be specified in the certificate.

(2) A cargo ship safety equipment certificate shall remain in force
for 2 years from its date of issue or for such shorter period as may be
specified in the certificate.

(3) A cargo ship safety construction certificate shall remain in force
for 5 years from its date of issue or for such shorter period as may be
specified in the certificate.

(4) Notwithstanding subsections (1), (2) and (3), no certificate
referred to in those subsections shall remain in force after notice is given
by the Director to the owner or master of the ship in respect of which it
has been issued that the Director has cancelled the certificate.

(5) An exemption certificate, other than one under section 18(3),
shall remain in force for the same period as the corresponding qualified
certificate.

(6) If any ship is absent from Hong Kong at the time of expiry of
any certificate issued under this Part, no penalty shall be incurred until
the ship commences a voyage after the next departure from any port.

27. (1) The D irector may cancel any certificate issued in respect of
any ship under this Part, where he has reason to believe that

(a)any declaration of survey on which the certificate was
founded has in any material particular been made fraudulently
or erroneously;

(b)the certificate has been issued upon false or erroneous
information;

(e)since the making of the declaration of survey, the hull,
equipment or machinery of the ship has or have sustained any
damage or is or are otherwise insufficient;

(d)any condition on which the certificate has been issued has
been contravened;

(e)the master of the ship is not exercising, or is not permitted to
exercise, proper control of the ship.

(2) Where a certificate is cancelled under subsection (1) the
Director may require the owner or master of the ship to which the
certificate referred to have the hull, equipment or machinery of the
ship again surveyed and may require the surveyor to complete a





further declaration of survey before he re-issues the certificate or issues
a fresh one in place thereof.

28. (1) The Director may require any certificate issued under this
Part which has expired or has been cancelled to be delivered up as he
directs.

(2) Any owner or master who fails, without reasonable excuse, to
comply with a requirement under subsection (1) commits an offence and
is liable to a fine of $5,000.

29. (1) Subject to subsection (2) the Director may grant an
extension of any certificate issued under this Part in respect of a ship
registered in Hong Kong for a period not exceeding 1 month from the
date when the certificate would, but for the extension, have expired, or,
if the ship is absent from Hong Kong on that date, for a period not
exceeding 5 months from that date.

(2) Without prejudice to subsection (1), where a certificate under
section 21 is in force in respect of a ship and the certificate was issued
for a shorter period than is allowed under section 26(3), the Director
may, if satisfied on receipt of a declaration of survey in respect of the
ship that it is proper to do so, grant an extension of the certificate for a
period not exceeding 1 year, and not exceeding, together with the period
for which it was issued and any period by which it has been previously
extended under this subsection, the longest period for which it could
have been issued under section 26(3).

30. (1) Any general safety certificate or short voyage safety
certificate, whether qualified or not, may be combined in one document
with a passenger certificate.

(2) Any certificate issued by the Director under this Part may be
signed on his behalf by any person authorized by him for the purpose,
and a certificate purporting to be so signed shall be admissible in
evidence in like manner as if it had been signed by the Director.

31. (1) The Director may request the government of a country to
which the Convention applies to issue in respect of a ship registered in
Hong Kong any certificate the issue of which is authorized under this
Ordinance; and a certificate issued in pursuance of such a request and
containing a statement that it has been so issued shall have effect for
the purposes of this Part as if it had been issued by the Director and not
by the government of that country.

(2) Where a government is willing to issue, pursuant to a request
under subsection (1), a qualified certificate in respect of a ship but is not
willing to issue the corresponding exemption certificate, the Director
may issue that exemption certificate in respect of the ship.





32. If any person-

(a)knowingly and wilfully makes, or assists in making, or
procures to be made, a false or fraudulent declaration or
certificate required by or under this Ordinance; or

(b)forges, assists in forging, procures to be forged, fraudulently
alters, assists in fraudulently altering, or procures to be
fraudulently altered, any such declaration or certificate, or
anything contained in, or any signature to any such
declaration or certificate,

he commits an offence and is liable to a fine of $50,000 and to
imprisonment for 2 years.

Convention ships of other countries

33. (1) The Director may, at the request of the government of a
country to which the Convention applies, issue in respect of a ship
registered in that country any certificate the issue of which in respect of
ships registered in Hong Kong is authorized under this Part if he is
satisfied that it is proper for him to do so; and a certificate issued in
pursuance of such a request and containing a statement that it has been
so issued shall have effect for the purposes of this Part as if it had been
issued by that government and not by the Director.

(2) A Government surveyor, for the purpose of verifying-

(a)that there is in force in respect of a Convention ship not
registered in Hong Kong an accepted Convention certificate;
or

(b)that the condition of the hull, equipment and machinery of any
such Convention ship corresponds substantially with the
particulars shown in such a certificate; or

(c)except where such a certificate states that the ship is wholly
exempt from the provisions of the Convention relating to
radiotelegraphy, radiotelephony and navigational equipment,
that the number, grades and qualifications of radio officers or
operators on board correspond with those shown in the
certificate; or

(d)that any conditions on which such a certificate, being the
equivalent of an exemption certificate, is issued are complied
with,

shall have all the powers conferred by section 115.

(3) Where there is attached to an accepted Convention certificate
in respect of a Convention, passenger ship not registered in Hong Kong
a memorandum which

(a)has been issued by or under the authority of the government
of the country in which the ship is registered; and





(b)modifies for the purpose of any particular voyage, in view of
the number of persons carried on that voyage, the particulars
stated in the certificate with respect to lifesaving appliances,

the certificate shall have effect for the purpose of that voyage as if it
were modified in accordance with the memorandum.

(4) Where an accepted Convention certificate is produced in
respect of a Convention passenger ship not registered in Hong Kong

(a)the ship shall not be required to be surveyed under this
Ordinance by a Government surveyor except for the purpose
of determining the number of passengers that it is fit to carry;

(b)on receipt of any declaration of survey for the purpose
aforesaid, the Director shall issue a certificate containing only
the statement of the particulars relating to the number of
passengers the ship is fit to carry; and a certificate so issued
shall have effect as a passenger certificate.

(5) Where there is produced in respect of any such passenger ship
as aforesaid an accepted Convention certificate, and also a certificate
issued by or under the authority of the government of the country in
which the ship is registered showing the number of passengers that the
ship is fit to carry, and the Director is satisfied that that number has
been determined substantially in the same manner as in the case of a
passenger ship registered in Hong Kong, he may if he thinks fit
dispense with any survey of the ship for the purpose of determining the
number of passengers that it is fit to carry and direct that the last-
mentioned certificate shall have effect as a passenger certificate.

34. (1) The master of every Convention ship not registered in Hong
Kong shall produce to the Director, at the time a clearance for the ship is
demanded in respect of an international voyage from Hong Kong,
accepted Convention certificates that are the equivalent of the
certificates issued by the Director under this Ordinance that would be
required to be in force in respect of the ship if it were a ship registered in
Hong Kong; and a clearance shall not be granted, and the ship may be
detained, until such certificates are so produced.

(2) For the purposes of section 33 an accepted Convention
certificate being the equivalent of

(a) a qualified certificate; or

(b)an exemption certificate, other than a certificate under section
18(3),

shall not be accepted unless there is also produced the corresponding
exemption certificate or qualified certificate, as the case may be.





Exemption of certain ships from this Part

35. (1) Nothing in this Part-

(a)prohibiting or preventing a ship from proceeding to sea
unless there are in force in relation to the ship, or are
produced, the appropriate certificates issued by the Director
under this Part or the appropriate accepted Convention
certificates; or

(b)conferring powers on a Government surveyor for the purpose
of verifying the existence, validity or correctness of any
Convention certificate or that the conditions on which any
such certificate was issued are complied with,

shall apply to any ship of less than 500 tons gross tonnage other than a
passenger ship.

(2) Subsection (1) shall not prevent the application-

(a)to any ship of 300 tons gross tonnage or above, of so much of
the provisions referred to in paragraphs (a) and (b) of that
subsection as relates to certificates issued under section 18 or
equivalent accepted Convention certificates;

(b)to any ship to which section 11 applies and which is
registered in Hong Kong, of so much of the provisions
referred to in paragraph (a) of that subsection as relates to
certificates issued under section 21,

by reason only that it is of less than 500 tons gross tonnage.

(3) Notwithstanding that any provision of this Part is expressed to
apply to ships not registered in Hong Kong while they are within the
waters of Hong Kong, that provision shall not apply to a ship that
would not be within such waters but for stress of weather or any other
circumstance that neither the master nor the owner of the ship could
have prevented or forestalled.

PART III

EQUIPMENT OF SHIPS AND EXCESS
PASSENGERS

36. (1) Every passenger ship to which section 9 applies shall

(a)have the ship's compasses properly adjusted from time to
time, to the satisfaction of a Government surveyor and in
accordance with regulations or such directions as may be
issued by the Director; and

(b)be provided with such shelter for the protection of deck
passengers, if any, as the Director, having regard to

(i) the nature of the passage;
(ii) the number of deck passengers to be carried;





(iii) the season of the year; (iv) the
safety of the ship; and (v) any
other circumstance, may require.

(2) If any passenger ship to which section 9 applies goes to sea
from Hong Kong without having its compasses adjusted or without
protection for deck passengers in contravention of subsection (1), the
owner or the master commits an offence and is liable

(a)in the case ... of the owner, to a fine of $50,000 and to
imprisonment for 2 years; and

(b)in the case of the master, to a fine of $20,000 and to
imprisonment for 6 months.

(3) If any requirement of this section or of regulations as to the
number of permissible passengers is not complied with in the case of
any passenger ship, the Director shall not grant a clearance and if any
such ship attempts to go to sea without a clearance, the Director may
detain it.

37. (1) A ship shall not carry passengers on more than one deck
below the water line.

(2) The owner and master of any ship which carries passengers in
contravention of subsection (1) commits an offence and is liable to a
fine of $10,000.

38. (1) A ship shall not within the waters of Hong Kong carry any
passengers in excess of the number allowed by the passenger
certificate, or, where the ship has no passenger certificate, the ship shall
not

(a)carry any passengers if the ship is not fit to do so under the
provisions of this Ordinance, or would not be fit to do so
under those provisions if they applied to the ship;

(b)carry any passengers in excess of the maximum number which
the ship is fit to carry under the provisions of this Ordinance,
or would be fit to carry under those provisions if they applied
to the ship.

(2) The owner, agent and master of any ship which carries
passengers in contravention of subsection (1) commits an offence and
is liable

(a)on conviction upon indictment to imprisonment for 4 years
and to a fine of $10,000 and an additional fine of $5,000 for
each excess passenger; and

(b)on summary conviction to imprisonment for 2 years and to a
fine of $10,000 and an additional fine of $5,000 for each excess
passenger.

(3) For the purposes of this section every person carried in a ship,
other than





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

(b) a child under 1 year of age,

shall, until the contrary is proved, be presumed to be a passenger on
that ship.

(4) Where the Director for the purpose of enabling persons to
be moved from any place in consequence of a threat to their lives has
permitted more persons to be carried on board a ship than are
permitted under this Ordinance other than this section, the carriage
of that excess of persons shall not be an offence under this Ordinance.

(5) The owner or agent of any ship shall not be guilty of an
offence under subsection (2) if he proves that-

(a)the passengers involved in the offence were shipped with-
out his knowledge or consent; and

(b)he derived no profit, benefit or advantage from the ship-
ping of the passengers.

(6) In any proceedings for an offence under this section, a
certificate purporting to be signed and issued by the Director for the
purposes of this subsection shall be admitted in evidence on its
production without further proof, and unless it is proved that the
certificate has not been signed by the Director, it shall be presumed
until the contrary is proved that any statement therein to the
following effect is true, that is to say a statement that a ship is not fit
to carry passengers under the provisions of this Ordinance or would
not be fit to do so under those provisions if they applied to the ship,
or a statement of the maximum number of passengers a ship is fit to
carry under the provisions of this Ordinance or would be fit to do so
under those provisions if they applied to the ship.

39. (1) The master of every ship shall, on application to the
Director for a port clearance, state the number of passengers he
proposes to carry on the voyage; and if such number is in excess of
the number allowed by the passenger certificate or exceeds 12 in the
case of a ship which is not provided with a passenger certificate, the
Director may refuse clearance.

(2) Any master of a ship who-

(a)in an application under subsection (1) for a port clearance
intentionally misrepresents the number of passengers pro-
posed to be carried; or

(b)leaves or attempts to leave any port in Hong Kong without
a clearance,

commits an offence and is liable to a fine of 520,000 and to
imprisonment for 6 months.

(3) The master of any ship who, after having obtained a port
clearance, leaves or attempts to leave the waters of Hong Kong with





any number of passengers greater than that allowed by the clearance
commits an offence and is liable to imprisonment for 6 months and to a
fine of $10,000 and an additional fine of $5,000 in respect of each
passenger in excess of the number permitted by the clearance.

(4) Whenever the master of a ship is guilty of an offence under
subsection (3), the owner and agent (if any) of the ship shall each be
guilty of the same offence and shall each be liable to the same penalty
as is prescribed for that offence, unless he proves that

(a)the passengers involved in the offence were shipped without
his knowledge or consent; and

(b)he derived no profit, benefit or advantage from the shipping of
the passengers.

(5) The Director may refuse a clearance to any ship carrying more
than 12 passengers, except on the production of the passenger
certificate, being a certificate in force and applicable to the voyage on
which the ship is about to proceed; and he may detain such ship until
such certificate is produced.

(6) The Director may by order prohibit the conveyance of deck
passengers by any ship.

40. Any person who places an undue weight on the safety valve of
any steamship or increases the weight on such safety valve beyond the
limits fixed by a Government surveyor commits an offence and is liable
to a fine of $50,000 and to imprisonment for 2 years.

41. (1) No ship registered in Hong Kong, being a ship over 150 tons
gross tonnage, shall proceed to sea on an international voyage unless
the ship is provided with an efficient signalling lamp.

(2) If any ship proceeds or attempts to proceed to sea in
contravention of this section, the owner or master thereof commits an
offence and is liable to a fine of $2,000.

42. (1) No ship registered in Hong Kong shall have on board as
part of its equipment an anchor or cable unless

(a)the anchor or cable has been marked, and a certificate in
respect of it has been issued, in accordance with the
regulations made under section 103; or

(b)the anchor or cable is one to which those regulations do not
apply by virtue of any regulation made under paragraph (e) of
section 103(1).

(2) If subsection (1) is contravened in respect of any ship the
owner or master of the ship commits an offence and is liable to a fine of
$5,000.

(3) If any person applies to any anchor or cable which has not
passed the tests prescribed by regulations made under section 103





any mark prescribed by those regulations for denoting that it has
passed those tests, or any other mark calculated to suggest that it
has passed those tests, he commits an offence and is liable to a fine of
$5,000.

(4) In this section, 'anchor' and 'cable' have the meanings
assigned to them by section 103(2).

43. It shall be the duty of the owner and master of every ship
registered in Hong Kong to ensure that such ship is provided with
such life-saving appliances and fire-fighting appliances as may be
prescribed by the life-saving appliances regulations and the fire-
fighting appliances regulations.

44. In the case of any ship-

(a)if the ship is required to be provided with life-saving
appliances or fire-fighting appliances and proceeds on
any voyage without being so provided in the manner
prescribed;

(b)if any of the appliances with which the ship is so provided
are lost or rendered unfit for service in the course of the
voyage through the wilful fault or negligence of the owner
or master;
(c)if the master wilfully neglects to replace or repair, on the
first opportunity, any such appliance lost or damaged in
the course of the voyage;

(d)if such appliances are not kept so as to be at all times fit
and ready for use; or

(e)if any provision of the life-saving appliances regulations or
the fire-fighting appliances regulations is contravened or
not complied with,

then the owner of the ship (if at fault) commits an offence and is
liable to a fine of $50,000 and to imprisonment for 2 years and the
master of the ship (if at fault) commits an offence and is liable to a
fine of $10,000 and to imprisonment for 6 months.

45. (1) The master of every ship to which this section applies
shall enter in the official log-book a statement, or, if there is no
official log-book, keep some other record, of every occasion on
which boat-drill or fire-drill is practised on board ship, or on which
the appliances and equipment required to be carried by virtue of the
life-saving appliances regulations and the fire-fighting appliances
regulations are examined to see whether they are fit and ready for
use and of the result of any such examination; and if-

(a)in the case of a passenger ship, boat-drill or fire-drill is not
practised on board the ship in any week;

(b)in the case of any other ship, boat-drill or fire-drill is not
practised on board ship in any month;





(c)in the case of any ship, the appliances and equipment are not
examined in any such period as may be prescribed,

the master shall enter a statement or keep some other record of the
reasons why the drill was not practised or the appliances and
equipment were not examined in that week, month or period.

(2) The master shall, if so required by an officer of the Marine
Department, produce for inspection any such entry or record.

(3) If a master fails to comply with any requirement of this section,
he commits an offence and is liable to a fine of $5,000.

(4) Subject to section 46, this section applies to-

(a) any ship registered in Hong Kong; and

(b) other ships while they are within the waters of Hong Kong.

46. Sections 43 and 44 shall apply to all ships not registered in
Hong Kong while within the waters of Hong Kong to the same extent as
they apply to ships registered in Hong Kong:

Provided that such sections and section 45 shall not apply

(a)to any Convention ship which carries an accepted
Convention certificate; or

(b)to any other foreign ship by reason of its being within the
waters of Hong Kong if it would not have been within such
waters but for stress of weather or any other circumstance
that neither the master nor the owner of the ship could have
prevented or forestalled.

PARTIV

LOAD LINES

Preliminary

47. (1) In this Part, unless the context otherwise requires-

'alteration' includes deterioration;

'conditions of assignment' means such provisions relating to the
assignment of freeboards as are contained in the load line
regulations;

'Contracting Government' means any such government as is referred
to in paragraph (g) of the definition of 'Convention country';

'Convention country' means a country or territory which is

(a)a country the government of which has been declared by Her
Majesty by Order in Council made under section 31 of the
Merchant Shipping (Load Lines) Act 1967 to have accepted or
acceded to the Convention of 1966, and has not been so
declared to have denounced that Convention; or





(b)a territory to which it has been so declared that the
Convention of 1966 extends, not being a territory to which it
has been so declared that the Convention has ceased to
extend;

'Convention of 1966' means the International Convention on Load
Lines signed in London on 5 April 1966;

'deck-line' means such mark as may be prescribed which indicates on
each side of a ship the position of the freeboard deck of that ship;

'existing ship' means any ship which is not a new ship;

'international voyage' means, subject to subsection (2), a voyage
between

(a) Hong Kong and a port outside Hong Kong; or

(b)a port in a country (other than Hong Kong) and a port in any
other country or territory (whether a Convention country or
not) which is outside Hong Kong;

'load lines' means such lines as may be prescribed which indicate on
each side of a ship the various maximum depths to which the ship
may be loaded in such circumstances as may be prescribed;

'new ship' means a ship whose keel is laid, or which is at a similar stage
of construction on or after

(a)in relation to a ship whose parent country is a Convention
country other than the United Kingdom, the date from which it
is declared under section 31 of the Merchant Shipping (Load
Lines) Act 1967 either that the government of that country has
accepted or acceded to the Convention of 1966 or that it is a
territory to which that Convention extends;

(b) in relation to any other ship, 21 July 1968;

'parent country' means, in relation to a ship, the country or territory in
which the ship is registered, or, if the ship is not registered
anywhere, means the country or territory whose flag the ship flies;

'valid Convention certificate' means a certificate which

(a)has been issued under section 57(2) and is for the time being
in force; or

(b)is produced in circumstances in which it is required by the
load line regulations to be recognized for the purposes of this
Part.

(2) In determining, for the purposes of an international voyage,
what are the ports between which a voyage is made, no account shall be
taken of any deviation by a ship from her intended voyage which is due
solely to stress of weather or any other circumstances which neither the
master nor the owner of the ship could have





prevented or forestalled; and for the purposes of determining
whether a voyage is an international voyage any colony, protec-
torate or other dependency, any territory for whose international
relations a government is separately responsible and any territory
for which the United Nations are the administering authority, shall
be taken to be a separate territory.

(3) Any reference in this Part to the gross tonnage of a ship
shall be construed as a reference to the tonnage of a ship ascertained
in accordance with the tonnage regulations made under the
Merchant Shipping Acts; and where in accordance with those
regulations alternative tonnages are assigned to a ship, the gross
tonnage of the ship shall, for the purposes of this Part be taken to be
the larger of those tonnages.

(4) Any reference in this Part to any provision of the Conven-
tion of 1966 shall, in relation to any time after that provision has
been amended in pursuance of Article 29 of that Convention, be
construed as a reference to that provision as so amended.

Ships registered in Hong Kong

48. (1) Subject to any exemption conferred by or under this
Ordinance, no ship registered in Hong Kong shall proceed or
attempt to proceed to sea unless-

(a)the ship has been surveyed in accordance with the load line
regulations;

(b)the ship is marked with a deck-line and with load lines in
accordance with those regulations;

(c) the ship complies with the condition of assignment; and

(d)the information required by those regulations to be pro-
vided for the guidance of the master of the ship has been so
provided.

(2) If any ship proceeds or attempts to proceed to sea in
contravention of subsection (1), the owner or master of the ship
commits an offence and is liable to a fine of $10,000.

(3) Any ship which in contravention of subsection (1) attempts
to proceed to sea without being surveyed and marked as mentioned
in paragraphs (a) and (b) of that subsection may be detained until it,
has been so surveyed and marked.

(4) Any such ship as is mentioned in subsection (1) which does
not comply with the conditions of assignment shall be deemed to be
unsafe for the purposes of section 67.

49. (1) A ship registered in Hong Kong shall not be so loaded
that its condition at any time is such that-

(a)if the ship is in salt water and has no list, the appropriate
load line on each side of the ship is submerged; or





(b)in any other case, the appropriate load line on each side of
the ship would be submerged if the ship were in salt water
and had no list.

(2) If any ship is loaded in contravention of subsection (1), the
owner or master of the ship, subject to subsection (5), commits an
offence and is liable-

(a) to a fine of $10,000; and

(b)to such additional fine, not exceeding an amount calcu-
lated in accordance with subsection (3), as the court thinks
fit to impose, having regard to the extent to which the earn-
ing capacity of the ship was increased by reason of the
contravention.

(3) Any additional fine imposed under subsection (2)(b) shall
not exceed $6,000 for every 25 millimetres and for any fraction of 25
millimetres over and above one or more complete multiple of 25
millimetres, by which-

(a)in a case falling within subsection (1)(a), the appropriate
load line on each side of the ship was submerged; or

(b)in a case falling within subsection (1)(b), the appropriate
load line on each side of the ship would have been
submerged as therein mentioned,

and, if the amount by which that load line was or would have been
submerged was less than 25 millimetres, any such additional fine
shall be $6,000.

(4) If the master of a ship takes the ship to sea when it is
loaded in contravention of subsection (1), or if any other person,
having reason to believe that the ship is so loaded, sends or is party
to sending it to sea when it is loaded in contravention of that
subsection, then (without prejudice to any fine to which he may be
liable in respect of an offence under subsection (2)) he commits an
offence and is liable to a fine of $20,000.

(5) Where a person is charged with an offence under subsec-
tion (2), it shall be a defence to prove that the contravention was due
solely to deviation or delay and that the deviation or delay was
caused solely by stress of weather or other circumstances which
neither the master nor the owner could have prevented or forestalled.

(6) Without prejudice to any proceedings under the preceding
provisions of this section, any ship which is loaded in contravention
of subsection (1) may be detained until it ceases to be so loaded.

(7) For the purposes of the application of this section to a ship
in any circumstances prescribed by the load line regulations 'the
appropriate load line' means the maximum depth to which the ship
may, in accordance with those regulations, be loaded in salt water in
those circumstances.





50. Where a ship registered in Hong Kong is marked in accordance
with any requirements as to marking imposed by or under this Part, then
if

(a)the owner or master of the ship fails without reasonable cause
to keep the ship so marked; or

(b)any person conceals, removes, alters, defaces or obliterates, or
causes or permits any person under his control to conceal,
remove, alter, deface or obliterate, any mark with which the ship
is so marked, except where he does so under the authority of a
person empowered under the load line regulations to authorize
him in that behalf.

he commits an offence and is liable to a fine of $10,000.

51. (1) Where a ship registered in Hong Kong has been surveyed
and marked in accordance with the load line regulations, an
International Load Line Certificate (1966) shall be issued to the owner,
agent or master of the ship on his application.

(2) Subject to subsection (3), any certificate required by subsection
(1) of this section to be issued

(a) shall be issued by the Director; and

(b)shall be in such form, and shall be issued in such manner, as
may be prescribed by the load line regulations.

(3) The Director may request a Contracting Government to issue an
International Load Line Certificate (1966) in respect of any ship to which
this Part applies which is a ship registered in Hong Kong; and the
following provisions of this Part shall have effect in relation to such a
certificate so issued, which contains a statement that it has been issued
at the request of the Government of Hong Kong, as they have effect in
relation to any International Load Line Certificate (1966) issued by the
Director.

52. Where a certificate, issued in pursuance of section 51 and for
the time being in force, is produced in respect of the ship to which the
certificate relates

(a)the ship shall be deemed to have been surveyed in accordance
with the load line regulations; and

(b)if lines are marked on the ship corresponding in number' and
description to the deck-line and load lines as required by the
load line regulations, and the positions of those lines so
marked correspond to the positions of the deck-line and load
lines as specified in the certificate, the ship shall be deemed to
be marked as required by those. regulations.

53. While any certificate issued under section 51 is in force in
respect of a ship, there shall be endorsed on the certificate such
information relating to





(a)periodical inspections of the ship in accordance with the load
line regulations; and

(b)any extension of the period for which the certificate was
issued,

as may be prescribed by the regulations.

54. (1) Subject to any exemption conferred by or under this Part, no
ship registered in Hong Kong shall proceed or attempt to proceed to
sea unless an International Load Line Certificate (1966) is in force in
respect of the ship.

(2) Before any such ship proceeds to sea, the master of the ship
shall produce the certificate to the Director; and a clearance shall not be
granted, and the ship may be detained, until the certificate is so
produced.

(3) If any ship proceeds or attempts to proceed to sea in
contravention of this section, the master of the ship commits an offence
and is liable to a fine of $10,000.

55. (1) Where a certificate is issued in respect of a ship under
section 51

(a)the owner or master of the ship shall forthwith on receipt of
the certificate cause it to be framed and posted up in some
conspicuous place on board the ship, and shall cause it to be
kept so framed and posted up and legible so long as the
certificate remains in force and the ship is in use; grid

(b)the master of the ship, before making any other entry in any
official log-book relating to the ship, shall enter in it the
particulars as to the positions of the deck-line and the load
lines which are specified in the certificate.

(2) Before any ship registered in Hong Kong leaves any dock,
wharf, harbour or other place for the purpose of proceeding to sea, the
master of the ship

(a)shall enter in the official log-book such particulars relating to
the depth to which the ship is for the time being loaded as
may be prescribed by the load line regulations;

(b)shall cause a notice, in such form and containing such of
those particulars as may be specified in the regulations for the
purposes of this paragraph, to be posted up in some
conspicuous place on board the ship,

and, where such a notice has been posted up, the master of the ship
shall cause it to be kept so posted up and legible until the ship arrives
at some other dock, wharf, harbour or place.

(3) If the owner or master of a ship fails to comply with any
requirement imposed on him by this section, he commits an offence and
is liable to a fine of $2,000.





56. (1) A Government surveyor may inspect any ship registered in
Hong Kong, for the purpose of seeing that the provisions of this Part
have been complied with in respect of the ship.

(2) For the purposes of any such inspection any such surveyor
shall have all the powers conferred by section 115.

Ships not registered in Hong Kong

57. (1) This section applies to any ship not registered in Hong
Kong, which

(a)is registered in a Convention country or, not being registered
in any such country or elsewhere, flies the flag of a
Convention country; and

(b)is either an existing ship of not less than 150 tons gross
tonnage or a new ship of not less than 24 metres in length.

(2) The Director may, at the request of the government of the
parent country of a ship to which this section applies, issue in respect
of the ship a certificate in such form as may be prescribed by the load
line regulations, if he is satisfied that he could properly issued a
certificate in respect of the ship under section 51 if the ship were
registered in Hong Kong.

(3) Certificates issued as mentioned in subsection (2) shall be
included among the certificates to be called 'International Load Line
Certificates (1966)'.

58. (1) Subject to subsection (2), and to any exemption conferred
by or under this Ordinance, no ship not being a ship registered in Hong
Kong shall proceed, or attempt to proceed, to sea from Hong Kong
unless

(a)the ship has been surveyed in accordance with the load line
regulations;

(b)the ship is marked with a deck-line and with load lines in
accordance with those regulations;

(c) the ship complies with the conditions of assignment; and

(d)the information required by those regulations to be provided
for the guidance of the master of the ship has been so
provided.

(2) Subsection (1) does not apply to a ship in respect of which a
valid Convention certificate is produced.

(3) If any ship proceeds or attempts to proceed to sea in
contravention of subsection (1) the owner or master of the ship commits
an offence and is liable to a fine of $10,000.

(4) Any ship which in contravention of this section attempts to
proceed to sea without being surveyed and marked as mentioned in





subsection (1)(a) and (b) may be detained until it has been so
surveyed and marked.

(5) If any such ship as is mentioned in subsection (1), not being
a ship in respect of which a valid Convention certificate is produced,
does not comply with the conditions of assignment, then-

(a)if the ship is a British ship, it shall be deemed to be unsafe
for the purposes of section 67; or

(b)if the ship is a foreign ship, section 72 shall have effect in
relation to the ship as if it were unsafe for the purposes of
that section.

59. (1) Where a ship not registered in Hong Kong is within
the waters of Hong Kong, the ship shall not be so loaded that its
condition at any time is such that-

(a)if the ship is in salt water and has no list, the appropriate
load line on each side of the ship is submerged; or

(b)in any other case, the appropriate load line on each side of
the ship would be submerged if the ship were in salt water
and had no list.

(2) Subsections (2), (3), (5) and (6) of section 49 shall have
effect for the purposes of this section as if any references in those
subsections to subsection (1) of that section, or to paragraph (a) or
paragraph (b) of the said subsection (1), were a reference to
subsection (1), or (as the case may be) to the corresponding
paragraph of subsection (1), of this section:

Provided that, in the case of a ship to which section 57 applies,
the ship shall not be detained, and no proceedings shall be brought
by virtue of this subsection, unless the ship has been inspected by a
Government surveyor in pursuance of section 61.

(3) In relation to a ship in respect of which a valid Convention
certificate is produced. 'load line' in subsection (1) means a line
marked on the ship in the position of a load line specified in that
certificate; and for the purposes of the application of the relevant
provisions to such a ship in any circumstances for which a particular
load line is specified in the certificate, the 'appropriate load line'
means the maximum depth to which the ship may, in accordance
with the certificate, be loaded in salt water in those circumstances.

(4) Where a valid Convention certificate is not produced in
respect of a ship, then, for the purposes of the application of the
relevant provisions to that ship in any circumstances prescribed by
the load line regulations 'the appropriate load line' means the
maximum depth to which the ship may, in accordance with those
regulations, be loaded in salt water in those circumstances.

(5) In subsections (3) and (4) 'the relevant provisions' means
the provisions of subsection (1) and any provisions of section 49 as
applied by subsection (2).





60. Subject to any exemption conferred by or under this Part,
before a ship to which section 57 applies proceeds to sea from Hong
Kong on an international voyage, the master of the ship shall
produce a valid Convention certificate to the Director; and a
clearance shall not be granted, and the ship may be detained, until
such a certificate is so produced.

61. (1) Subject to this section, a Government surveyor may
inspect any ship not registered in Hong Kong while the ship is within
the waters of Hong Kong and for the purposes of any such
inspection he shall have all the powers conferred by section 115.

(2) Any such Government surveyor may go on board any ship
to which section 57 applies, while the ship is within the waters of
Hong Kong, for the purpose of demanding production of any
International Load Line Certificate (1966) for the time being in force
in respect of the ship.

(3) If on any such demand a valid Convention certificate is
produced to the surveyor in respect of the ship, the powers of the
surveyor under subsection (1) shall be limited to seeing that-

(a)the ship is not loaded beyond the limits allowed by the
certificate;

(b)lines are marked on the ship in the positions of the load
lines specified in the certificate;

(c)no material alterations have taken place in the hull or
superstructures of the ship which affect the position in
which any of those lines ought to be marked; and

(d)the fittings and appliances for the protection of openings,
the guard rails, the freeing ports and the means of access to
the crew's quarters have been maintained on the ship in as
effective a condition as they were in when the certificate
was issued.

(4) If on an inspection of a ship under this section the ship is
found to have been so materially altered in respect of the matters
referred to in paragraph (c) or paragraph (d) of subsection (3) that
the ship is manifestly unfit to proceed to sea without danger to
human life, then-

(a)if the ship is a British ship, it shall be deemed to be unsafe
for the purposes of section 67; or

(b)if the ship is a foreign ship, section 72 shall have effect in
relation to the ship as if it were unsafe for the purposes of
that section.

(5) Where a ship is detained under the provisions applied
under subsection (4), the Director shall order the ship to be released
as soon as he is satisfied that the ship is fit to proceed to sea without
danger to human life.





Exemptions

62. (1) The Director may exempt any ship or class of ships from this
Part or the load line regulations if he is satisfied that the sheltered nature
and conditions of voyages undertaken by such ships make it
unreasonable or impracticable to apply this Part or the load line
regulations.

(2) The Director may exempt any ship which embodies features of a
novel kind from any of the provisions of this Part or the load line
regulations the application of which may seriously impede research into
the development of such features and their incorporation in ships
engaged on international voyages.

(3) The Director may, in relation to a ship which does not normally
ply on international voyages but is, in exceptional circumstances,
required to undertake a single international voyage, exempt the ship
from this Part and the load line regulations while the ship is engaged on
that voyage; but no exemption shall be conferred unless the Director is
satisfied that the ship complies with such safety requirements as are, in
his opinion, adequate for the voyage which is to be undertaken by the
ship. ...

(4) Any exemption conferred under this section may be conferred
subject to such conditions as the Director thinks fit; and where any
such exemption is conferred subject to conditions, the exemption shall
not have effect unless those conditions are complied with.

63. (1) Where the Director exempts a ship under section 62 he shall
issued an International Load Line Exemption Certificate to the owner or
master of the ship.

(2) Any certificate issued under this section shall be in such form,
and shall be issued in such manner, as may be prescribed by the load
line regulations.

64. While any certificate issued under section 63 is in force in
respect of a ship, there shall be endorsed on the certificate such
information relating to

(a)periodical inspections of the ship in accordance with the load
line regulations; and

(b) any extension of the period for which the certificate was

... issued,

as may be prescribed by the regulations.

Subdivision load lines

65. (1) Where in pursuance of the passenger ship construction
regulations a passenger ship registered in Hong Kong is marked with
subdivision load lines, and the lowest of those lines is lower than the
line which, apart from this subsection, would be the





appropriate load line for the purposes of section 49, that section shall
have effect as if that subdivision load line were the appropriate load line
for the purposes of that section.

(2) Where in pursuance of the passenger ship construction
regulations, or in pursuance of the Convention or any law of any
country made for the purpose of giving effect to the Convention, a
passenger ship, not being a ship registered in Hong Kong, is marked
with subdivision load lines, and the lowest of those load lines is lower
than the line which, apart from this subsection, would be the
appropriate load line for the purposes of section 59, that section shall
have effect as if that subdivision load line were the appropriate load line
for the purposes of that section.

Miscellaneous and supplementary provisions

66. (1) Section 28 and section 32 shall have effect in relation to any
certificate which can be issued under this Part as they have effect in
relation to a certificate under Part II.

(2) Any certificate issued under this Part shall be admissible in
evidence.

PART V

UNSAFE SHIPS AND DETENTION

67. (1) If-

(a) a ship in Hong Kong; or

(b) a ship registered in Hong Kong which is in any other port,

is, having regard to the nature of the service for which the ship is
intended, unfit by reason of the condition of the ship's hull, equipment
or machinery or by reason of undermanning or by reason of overloading
or improper loading to go to sea without serious danger to human life,
then, subject to subsection (2), the master and the owner shall each
commit an offence and be liable to a fine of $500,000 and to
imprisonment for 2 years.

(2) It shall be a defence in proceedings for an offence under
subsection (1) to prove that at the time of the alleged offence

(a)arrangements had been made which were appropriate to
ensure that before the ship went to sea it was made fit to do
so without serious danger to human life by reason of the
matters set out in subsection (1) which are specified in the
charge; or

(b) it was reasonable not to have made such arrangements.

(3) A prosecution under this section may only be commenced by
or with the consent of the Attorney General.





68. (1) Any ship registered in Hong Kong ot any ... British ship for
the time being in the waters of Hong Kong which is unsafe within the
meaning of section 67(1) may be detained in accordance with this
section.

(2) If the Director has reason to believe that a ship is unsafe, he
may appoint a surveyor to survey the ship and report to him.

(3) If, on receipt of a report under subsection (2), the Director is of
the opinion that the ship to which the report relates is unsafe, he may
order that the ship be detained.

(4) Where an order for the detention of a ship is made under
subsection (3)

(a)the Director shall serve on the owner, agent or master of the
ship a copy of the report submitted to him under subsection
(2);

(b)within 7 days after the service of the survey report under
paragraph (a), the owner, agent or master of the ship may

(i) apply to the Director to order that the ship be re-
surveyed in accordance with subsection (5); or

(ii) appeal against the detention order to a court of survey.

(5) Where the Director orders that a ship be re-surveyed following
an application under subsection (4)(b), the ship shall be re-surveyed by
the surveyor who made the survey under subsection (2) and shall, if so
required by the owner, agent or master of the ship, be accompanied
when carrying out the re-survey by an assessor, being a person of
nautical, engineering or other special skill

(a) nominated by the owner, agent or master of the ship; and

(b) approved by the Director.

(6) On completion of the re-survey of a ship under subsection (s)--

(a)if the surveyor and the assessor are in agreement, the Director
shall, on receipt of the surveyor's report, order that the ship be
released or continued to be detained; or

(b)if the surveyor and the assessor are not in agreement, the ship
shall continue to be detained and the owner, agent or master
shall have the same right of appeal to a court of survey against
the re-survey report as is provided in subsection (4)(b)(ii).

(7) Where, following the making of an order for the detention of a
ship under subsection (3), the owner, agent or master carries out work to
make the ship fit to proceed to sea, the owner, agent or master may
apply to the Director to have the ship re-surveyed; and if, on a re-
survey, the Director is satisfied that the ship is fit to proceed to sea he
shall, subject to subsection (8), order it to be released.





(8) The Director shall not order a ship to be released under
subsection (7) until all the costs of and incidental to detention and
survey and re-survey have been paid.

(9) Where a ship has been detained under this section, the
Director may, at any time

(a) refer the matter to a court of survey; or

(b)order the ship to be released upon such conditions as he may
specify.

69. (1) If a court of survey is satisfied that a ship detained under
section 68 was not unsafe at the time of detention the Crown shall be
liable to pay to the owner of the ship-'

(a)his costs of and incidental to the detention and survey of the
ship; and

(b)compensation for any loss or damage sustained by him by
reason of such detention and survey.

(2) If a court of survey is satisfied that a ship detained under
section 68 was unsafe at the time of detention the owner, agent or
master of the ship shall be liable to pay to the Crown the costs of and
incidental to such survey and detention.

(3) For the purposes of this section the costs of and incidental to
the detention and survey of a ship shall include

(d) a reasonable amount in, respect of remuneration of-

(i) the surveyor appointed under section 68(2); and

(ii) the assessor (if any) approved under section 68(5); and

(b)the costs of proceedings before a court of survey, to be
determined, in case of any dispute, by the Registrar of the
Supreme Court.

70. Where a complaint is made to the Director that a ship for the
time being in Hong Kong is unsafe within the meaning of section 67 he
may require the complainant to give such security as the Director may
determine for such costs and compensation as the Crown may become
liable to pay in respect of the detention and survey of the ship:

Provided that where the complaint is made by one-fourth, not
being less than 3, of the seamen belonging to the ship and is not, in the
opinion of the Director, frivolous or vexations

(a) such security shall not be required to be given; and

(b)the Director shall cause the complaint to be investigated to
determine whether he should made an order for the deten

tion of the ship under section 68. ...





71. (1) A copy of any order for the detention of a ship made under
section 68 and a copy of any order varying or adding to such order
shall be served by the Director as soon as possible on the owner, agent
or master of the ship.

(2) For the purposes of any survey of a ship ordered under section
68, any person authorized to make the survey shall have all the powers
conferred by section 115.

72. (1) When a foreign ship for the time being in the waters of Hong
Kong is found to be unsafe within the meaning of section 67, the
provisions of this Part relating to the detention of ships shall, subject to
the modifications contained in this section, apply to that ship as if it
were a ship registered in Hong Kong.

(2) A copy of the order for the detention of the ship shall be served
forthwith on the consular officer (if any) in Hong Kong representing the
country to which the ship belongs, or if there is no such consular
officer, on the owner, agent or master of the ship.

(3) Where a ship has been detained, the consular officer on the
request of the owner, agent or master of the ship and, if there is no
consular officer, the owner, agent or master of the ship, may require that
the person, if any, appointed by the Director to survey the ship shall be
accompanied by, such person as such officer, or owner, agent or master,
as the case may be, may nominate; and, in such case, if the surveyor and
such person agree the Director shall order that the ship be released or
continues to be detained, but if they differ, the ship shall continue to be
detained and the owner, agent or master shall have the same right of
appeal to a court of survey against the report of the surveyor as is
provided in section 68(4)(b)(ii).

(4) Where the owner, agent or master of the ship appeals to the
court of survey, the consular officer on the request of such owner, agent
or master, or, if there is no such consular officer, the owner, agent or
master may nominate not more than 2 competent persons to be members
of the court of survey.

(5) Notwithstanding that this section is expressed to apply to any
foreign ship while within the waters of Hong Kong, this section shall not
apply to a ship that would not be within such waters but for stress of
weather or any other circumstance that neither the master nor the owner
of the ship could have prevented or forestalled.

73. (1) In every contract of service, express or implied, between the
owner of a ship registered in Hong Kong and the master or any seaman
thereof, there shall be implied, notwithstanding any agreement to the
contrary, an obligation on the owner of the ship that

(a) the owner of the ship;

(b) the master of the ship; and

(c) every agent of the owner of the ship charged with





(i) the loading of the ship;
(ii) the preparing of the ship for sea; or
(iii) the sending of the ship to sea,

shall use all reasonable means to ensure the safety of the ship for the
voyage at the time when the voyage commences and to keep it in a safe
condition during the voyage.

(2) Nothing in this section shall subject the owner of a ship to any
liability by reason of the ship being sent to sea in an unseaworthy state
where, owing to special circumstances, the sending of the ship to sea in
such a state was reasonable and justifiable.

PART VI

COURTS OF SURVEY

74. (1) The Governor may, whenever the occasion may arise,
appoint by warrant under his hand and the seal of Hong Kong a court
of survey.

(2) A court of survey shall consist of not less than 3 nor more than
5 members, of whom

(a)one shall be ajudge, district judge or magistrate, who shall
preside over the court; and

(b)the remainder shall be masters of the British mercantile marine
or persons of nautical, engineering or other special skill or
knowledge.

75. (1) All proceedings before a court of survey shall be heard in
open court.

(2) Every member of the court may survey the ship subject of the
proceedings and, for that purpose, shall have all of the powers conferred
by section 115.

(3) The court may order a ship to be surveyed and, for that
purpose, may appoint, by majority vote in case of disagreement, any
competent person to survey the ship and report thereon to the court.

(4) The court shall have the same powers as are vested in the
Director under this Ordinance to order that a ship be released or
detained:

Provided that unless a majority of the members of the court concur
in an order for the detention of the ship the court shall order that the
ship be released.

(5) The owner, agent and master of any ship subject of the
proceedings and any person appointed by the owner, agent or master of
the ship may attend at any inspection or survey of a ship made or
ordered by the court.





(6) The court may make such order with respect to the costs of

(a) any proceedings before the court; and

(b)any inspection or survey of a ship made or ordered by the
court,

which costs shall be recoverable as a civil debt.

(7) The presiding officer of the court shall send to the Governor
such report as may be directed by regulations made under section 109
and each other member of the court shall either sign the report or report
to the Governor the reasons for his dissent.

76. Nothing in this Part shall either affect, or be deemed to affect,
the admiralty jurisdiction of the Supreme Court.

PART VII

SAFETY OF NAVIGATION

77. (1) The owner and master of a ship registered in Hong

Kong-

(a) shall comply with the collision regulations; and

(b) shall not

(i) carry or exhibit any other lights; or

(ii) use any other sound-signals, other than such as
are required by those regulations.

(2) If a contravention of the collision regulations is caused by
the wilful default of the master or owner of a ship or of the person in
charge of the deck of the ship, that master or owner commits an
offence and is liable to a fine of $10,000.

(3) If any injury to a person or damage to property arises from
a contravention by any ship of any of the collision regulations, the
injury or damage shall be deemed to have been caused by the wilful
default of the person in charge of the deck of the ship at the time,
unless it is shown to the satisfaction of a magistrate or court that the
circumstances of the case made a departure from the regulations
necessary.

(4) The Director shall furnish a copy of the collision regulations
to any master or owner of a ship who applies for it upon
payment of the prescribed fee.

78. (1) Where two ships collide and either of those ships is
registered in Hong Kong it shall be the duty of the master or person, in
charge of the ship registered in Hong Kong involved in the collision, if
and so far as he can do so without danger to his own ship, crew and
passengers (if any)





(a)to render to the other ship, the master, crew and passengers
(if any) such assistance as may be practicable and may be
necessary to save them from any danger caused by the
collision, and to stay by the other ship until he has
ascertained that there is no need of further assistance; and

(b)to give to the master or person in charge of the other
ship-
(i) the name of his own ship;
(ii) the name of the port to which it belongs; and
(iii) the names of the ports from which it comes and to
which it is bound.

(2) If the master or person in charge of any ship involved in a
collision fails without reasonable cause to comply with subsection
(1)-
(a) he commits an offence and is liable to a fine of $50,000; and

(b)if he is a certificated officer, an inquiry into his conduct
may be held.

79. (1) The master of any ship registered in Hong Kong
involved in a collision shall, where it is practicable to do so,
immediately after the occurrence of the collision, cause a statement
thereof and the circumstances under which it occurred to be entered
in the official log-book (if any) of the ship.

(2) The entry referred to in subsection (1) shall be signed by
the master and also by the mate or one of the crew.

(3) If the master of a ship involved in a collision contravenes
subsection (1) he commits an offence and is liable to a fine of $1,000.

80. (1) Where any of the following casualties has occurred-

(a)the loss or presumed loss, stranding, grounding, aban-
donment of or damage to a ship;

(b)a loss of life or serious personal injury caused by fire on
board or by any accident to a ship or a ship's boat, or by
any accident occurring on board a ship or ship's boat; or

(c) any damage caused by a ship,

and, at the time it occurred, the ship was registered in Hong Kong,
the owner or master of the ship shall, as soon as practicable, and in
any case not later than 24 hours after the ship's arrival at the next
port, submit to the Director a written report of the accident or
damage.

(2) The report referred to in subsection (1) shall-

(a) give a brief description of the accident or damage;

(b) state the time and place where it occurred;





(c)state the name of the ship and its official number, its position at
the time of the report and the next port of call; and

(d)give the particulars of any other ship involved in the accident.

(3) If the owner or master of a ship fails without reasonable excuse
to comply with this section he commits an offence and is liable to a fine
of $10,000.

81. (1) If the owner or agent of any ship registered in Hong Kong
has reason, owing to the non-appearance of the ship or to any other
circumstance, to believe that the ship has been wholly lost he shall, as
soon as practicable, submit a written report of the loss to the Director.

(2) The written report referred to in subsection (1) shall specify--

(a) the probable cause of the loss of the ship; and

(b) the name of the ship and its official number.

(3) Any owner or agent who fails to comply with this section
commits an offence and is liable to a fine of $2,000.

82. (1) The master of any ship registered in Hong Kong shall,
on meeting with-

(a) dangerous ice;

(b) a dangerous derelict;

(c) air temperatures below freezing point associated with gale
force winds causing severe ice accretion on the superstructure
of ships;

(d) winds of force 10 or above on the Beaufort Scale for which
no storm warning has been received;

(e) a tropical storm; or

(f) any other direct danger to navigation,

send information accordingly, by all means of communication at his
disposal and in accordance with the regulations made under the
Merchant Shipping Acts with respect to navigational warnings, to
ships in the vicinity and to such authorities on shore as may be
prescribed by those regulations.

(2) If the master of a ship fails without reasonable excuse to
comply with subsection (1) he commits an offence and is liable to a
fine of $20,000

(3) Every person in charge of a wireless telegraph station
which is under the control of the Postmaster General, or which is
established or installed under a licence issued by the Postmaster










General, shall, on receiving the signal prescribed by the regulation
for indicating that a message is about to be sent under this section

(a)refrain from sending messages for a time sufficient to allow
other stations to receive the message; and

(b)if so required by the Director transmit the message in such
manner as may be required by the Director.

(4) Compliance with subsection (3) shall be deemed to be a
condition of every licence issued by the Postmaster General under the
Telecommunications Ordinance in respect of the establishment or
installation of a wireless telegraph station.

(5) For the purposes of this section-

(a) the expression 'tropical storm' means a hurricane, typhoon,
cyclone or other storm of a similar nature; and

(b) the master of a ship shall be deemed to have met with a
tropical storm if he has reason to believe that there is such
a storm in his vicinity.

83. (1) If the master of a ship uses or displays'or causes or permits
any person under his authority to use or display

(a)any signal prescribed by regulations made under section 100
except in the circumstances and for the purposes prescribed
by those regulations; or

(b)any private signal, whether registered or not, which is liable to
be mistaken for any signal prescribed by those regulations,

he commits an offence and is liable to a fine of $10,000 and shall further
be liable to pay compensation for any labour undertaken, risk incurred
or loss sustained in consequence of the signal having been supposed
to be a signal of distress; and that compensation may, without
prejudice to any other remedy, be recovered in the same manner as
salvage.

(2) Nothing in section 82(3) shall interfere with the transmission of
signals prescribed by regulations made under section 100.

84 (1) The master of a ship registered in Hong Kong, on receiving
at sea a signal of distress or information from any source that a vessel
or aircraft is in distress, shall proceed with all speed to the assistance of
the persons in distress (informing them if possible that he is doing so)
unless he is unable, or in the special circumstances of the case
considers it unreasonable or unnecessary, to do

1.0 ...

ooe

a
il

so, or unless he is released under subsection (3) or (4).

(2) Where the master of any ship in distress has requisitioned any
ship registered in Hong Kong that has answered his call, it shall be the
duty of the master of the requisitioned ship to comply with the
requisition by continuing to proceed with all speed to the assistance of
the persons in distress.





(3) A master shall be released from the obligation imposed by
subsection (1) as soon as he is informed of the requisition of one or
more ships other than his own and that the requisition is being
complied with by the ship or ships requisitioned.

(4) A master shall be released from the obligation imposed by
subsection (1) and, if his ship has been requisitioned, from the
obligation imposed by subsection (2), if he is informed by the persons
in distress, or by the master of any ship that has reached the persons in
distress, that assistance is no longer required.

(5) If a master fails to comply with subsection (1) or subsection (2),
he commits an offence and is liable to a fine of $10,000.

(6) If the master of a ship registered in Hong Kong, on receiving at
sea a signal of distress or information from any source that a vessel or
aircraft is in distress, is unable, or in the special circumstances of the
case considers it unreasonable or unnecessary. to go to the assistance
of the persons in distress, he shall forthwith cause a statement to be
entered in the official log-book, or if there is no official log-book cause
other record to be kept, of his reasons for not going to the assistance
of those persons.

(7) The master of every ship registered in Hong Kong for which an
official log-book is required shall enter, or cause to be entered, in the
official log-book every signal of distress or message that a vessel,
aircraft or person is in distress at sea.

(8) Any master who fails to comply with subsection (6) or (7)
commits an offence and is liable to a fine of $2,000.

85. (1) The master of a ship registered in Hong Kong, when ice is
reported on or near his course, shall at night either proceed at a safe
speed or change his course so as to keep amply clear of the ice reported
and of the area of danger.

(2) The master of any ship who contravenes subsection (1)
commits an offence and is liable to a fine of $10,000.

86. (1) No person on any ship registered in Hong Kong shall, when
the ship is going ahead

(a)give a helm or steering order containing the word 'starboarC
or 'righC or any equivalent of 'starboard' or 'righC unless
he intends that the head of the ship shall move to the right; or

(b)give a helm or steering order containing the word 'port' or
'left' or any equivalent of 'porC or 'left' unless he intends
that the head of the ship shall move to the left.

(2) Any person who contravenes subsection (1) commits an
offence and is liable to a fine of $2,000.





PART VIII

DANGEROUS GOODS

87. (1) Any person who sends by, or, not being the owner or
master of the vessel, carries in, any ship any dangerous goods without

(a)marking distinctly their nature on the outside of the container
or package containing them; and

(b) giving written notice of

(i) the nature of such goods; and

(ii) the name and address of the sender or carrier thereof,

to the owner or master of the ship at or before the time of
sending them to be shipped or taking the same on board the
ship,

commits an offence and is liable to a fine of 520,000:

Provided that if any such person satisfies the magistrate or court
that he

(i) was an agent in the shipment of the goods; and

(ii) was not aware of, and had no reason to suspect, that the
goods shipped by him were dangerous goods,

he is liable to a fine of $5,000.

(2) Any person who-

(a)knowingly sends by, or carries in, any ship any dangerous
goods under a false description; or

(b)falsely describes the sender or carrier of any dangerous
goods,

commits an offence and is liable to a fine of $50,000.

88. The owner or master of any ship may refuse to take on board
any package or container which he suspects to contain dangerous
goods and may require it to be opened to ascertain its contents.

89. (1) Where any dangerous goods-

(a)have been sent or carried, or attempted to be sent or carried,
on board any ship without

(i) being marked in accordancd with section 87(])(a); or

(ii) a notice having been given in accordance with section
87(1)(b);

(b)have been sent or carried, or attempted to be sent or carried

(i) under a false description; or

(ii) with the name of the sender or carrier falsely declared,





a magistrate or court may order that the dangerous goods be forfeited to
the Crown and thereafter disposed of in such manner as he thinks fit.

(2) A magistrate or court may make an order under subsection (1)
notwithstanding that

(a) the owner of the dangerous goods-

(i) may not have committed an offence under section 87 in
respect of the dangerous goods; or

(ii) may not be before the magistrate or court and may not
have notice of the proceedings; or

(b)there may be no evidence before the magistrate or court in
respect of the ownership of the dangerous goods:

Provided that the magistrate or court may require notice of such
proceedings to be given to the owner or shipper of the dangerous goods
before making an order for their forfeiture and disposal.

90. The Director may refuse a port clearance to any passenger ship
if there are on board any dangerous goods which are not stowed to his
satisfaction.

91. When any dangerous goods, or any goods which in the opinion
of the master or owner of the ship are dangerous goods, have been sent
or brought aboard any ship without being marked in accordance with
section 87(1)(a) or without any notice under section 87(1)(b) having
been.given, the master or owner may, having regard to all the
circumstances, including the risk to persons and property on board the
ship and the need to protect the marine environment, dispose of those
goods together with any package or receptacle in which they are
contained in such manner as he thinks fit; and neither the master nor the
owner of the ship shall be subject to any liability, civil or criminal, for
so.disposing of the goods.

92. The provisions of this Part relating to the carriage of dangerous
goods shall be in addition to and not in substitution for, or in restraint
of, any other enactment relating to the carriage of dangerous goods.

PARTIX

REGULATIONS

93. (1) The Governor in Council may make regulatons for the
prevention of collisions at sea.

(2) The collision regulations may-

(a) regulate-





(i) the lights and shapes to be carried and exhibited;
(ii) the sound signals to be carried and used; and
(iii) the steering and sailing rules to be observed,
by all ships registered in Hong Kong, wherever they may
be; and

(b) provide for the prevention of collisions at sea-
(i) between seaplanes on the surface of the water; and
(ii) between ships and seaplanes on the surface of the
water.

94. (1) The Governor in Council may make regulations pre-
scribing the requirements with which the hull, equipment and
machinery of and fuel used in passenger ships registered in Hong
Kong shall comply.

(2) Without prejudice to the generality of the powers con-
ferred on the Governor in Council under subsection (1), the passen-
ger ship construction regulations-

(a) may require the provision in such ships-
(i) of plans exhibited as provided by or under the
regulations, and of other information, relating to the
boundaries of watertight compartments, the openings there-
in, the means of closing such openings and the arrange-
ments for correcting any list due to flooding; and
(ii) of information necessary for the guidance of the
master in maintaining sufficient stability to enable the ship
to withstand damage; and

(b)shall include such requirements as appear to the Governor
in Council to be necessary to implement the provisions
of the Convention prescribing the requirements which
the hull, equipment and machinery of passenger ships
shall comply with, except so far as those provisions are
implemented by any other regulations made under this
Ordinance.

(3) The powers conferred on the Governor in Council by this
section shall be in addition to the powers conferred by any other
enactment enabling him to prescribe the requirements with which
passenger ships shall comply.

(4) If the passenger ship construction regulations are contra-
vened in any respect in relation to a ship the owner or master of the
ship commits an offence and is liable to a fine of $10,000.

95. (1) The Governor in Council may make regulations in
respect of passenger ships registered in Hong Kong for all or any of
the following matters-

(a)for closing and keeping closed the openings in hulls and
watertight bulkheads;





(b)for securing, keeping in place and inspecting contrivances for
closing such openings;

(c)for operating the mechanisms or contrivances for closing any
such openings and for drills in connexion with the operation
thereof, and

(d)for requiring entry to be made in the official log-book or other
record of passenger ships of any of such matters.

(2) If any regulation made under this section is contravened by any
person the master of the passenger ship involved in the contravention
commits an offence and is liable to a fine of $10,000.

96. (1) The Governor in Council may make regulations prescribing
the requirements for the hull, equipment and machinery of and the fuel
used in ships ... to which section 11 applies and requiring any such
ships which are registered in Hong Kong to be surveyed to such extent,
in such manner and at such intervals as may be prescribed by the
regulations.

(2) The cargo ship construction and survey regulations shall
include such requirements as appear to the Governor in Council to be
necessary to implement the provisions of the Convention relating to the
hull, equipment and machinery of such ships, except as far as those
provisions are implemented by any other regulations made under this
Ordinance.

(3) If the cargo ship construction and survey regulations are
contravened in any respect in relation to a ship, the owner or master of
the ship commits an offence and is liable to a fine of $10,000.

97. (1) The Governor in Council may make regulations requiring
ships to which this section applies to be provided with radio equipment
of such a nature (but not including a radio navigational aid) as may be
prescribed by the regulations and to maintain such a radio service and
to carry such number of radio officers or operators, of such grades and
possessing such qualifications, as may be so prescribed; and the
regulations may contain provisions for preventing, so far as practicable,
electrical interference by other apparatus on board with the equipment
provided under the regulations.

(2) Regulations made under this section shall include such
requirements as appear to the Governor in Council to implement such
provisions of the Convention as relate to radiotelegraphy and
radiotelephony.

(3) Without prejudice to the generality of this section, radio
regulations may

(a)prescribe the duties of radio officers and operators, including
the duty of keeping a radio log-book;

(b)apply to any radio log-book required to be kept under the
regulations any of the provisions of any regulations with





respect to official log-books made under section 68 of the
Merchant Shipping Act 1970;

(c)prescribe requirements for such portable radio apparatus as
boats or life rafts may be required to carry by the life-saving
appliances regulations.

(4) If any radio officer or operator contravenes any regulations
made in pursuance of subsection (3)(a), he commits an offence and is
liable to a fine of $1,000 and if the radio regulations are contravened in
any other respect in relation to any ship, the owner or master of the ship
commits an offence and is liable to a fine of $5,000.

(5) This section applies to-

(a) ships registered in Hong Kong; and

(b) other ships while they are within the waters of Hong Kong.

98. (1) The Governor in Council may make regulations-

(a)requiring ships to which this section applies to be provided
with such navigational equipment as may be specified in the
regulations and prescribing requirements which such
navigational equipment is to comply with;

(b)prescribing requirements which navigational equipment other
than such as are provided in pursuance of regulations made
under paragraph (a), are to comply with when carried in ships
to which this section applies;

(c)prescribing requirements which apparatus designed for the
purpose of transmitting or reflecting signals to or from
navigational equipment is to comply with if it is apparatus in
Hong Kong or apparatus off the shores of Hong Kong but
maintained from Hong Kong,

and the requirements prescribed under paragraph (a) or (b) may include
requirements relating to the position and method of fitting the
navigational equipment.

(2) If a ship to which this section applies proceeds, or attempts to
proceed, to sea without carrying such navigational equipment as it is
required to carry by regulations made under subsection (1) or carrying
navigational equipment not complying with such regulations, the owner
or master of the ship commits an offence and is liable to a fine of ...
10,000.

(3) If any person establishes or operates any such apparatus as is
mentioned in subsection (1)(c) and the apparatus does not comply with
regulations made thereunder, he commits an offence and is liable to a
fine of $10,000.

(4) This section applies to-

(a) ships registered in Hong Kong; and

(b) other ships while they are within the waters of Hong Kong.





99. (1) The Governor in Council may make regulations with respect
to all or any of the following matters

(a)the number, description and mode of construction of the
boats, life rafts, line-throwing appliances, life-jackets and
lifebuoys to be carried by ships, according to the classes in
which the ships are arranged;

(b)the equipment to be carried by any such boats and rafts and
the methods to be provided to get the boats and other life-
saving appliances into the water, including oil for use in
stormy weather;

(c)the provision in ships of a proper supply of lights and smoke
signals, inextinguishable in water and fitted for attachment to
lifebuoys;

(d)the quantity, quality and description of buoyant apparatus to
be carried on board ships, either in addition to or in
substitution for boats, life rafts, life-jackets and lifebuoys;

(e)the position and means of securing the boats, life rafts, life-
jackets, lifebuoys and buoyant apparatus;

the marking of the.boats, life rafts and buoyant apparatus so
as to show their dimensions and the number of persons
authorized to be carried on them;

(g)the manning of the lifeboats and the qualifications and
certificates of lifeboatmen;

(h)the provision to be made for mustering the persons on board
and for embarking them in the boats, including provision for
the lighting of, and the means of ingress to and egress from
different parts of the ship;

(i)the provision of suitable means situated outside the
engineroom whereby any discharge of water into the boats
can be prevented;

(j)the assignment of specific duties to each member of the crew
in the event of emergency;

(k)the methods to be adopted and the appliances to be carried in
ships for the prevention, detection and extinction of fire;

(1)the provision in ships of plans or other information relating to
the means of preventing, detecting, controlling and
extinguishing outbreak of fire;

(m) the practice in ships of boat-drills and fire-drills;

(n)the provision in ships of means of making effective
distresssignals by day and by night;

(o)the provision, in ships on voyages in which pilots are likely to
be embarked, of suitable mechanical hoists, pilotladders, and of
ropes, lights and other appliances designed to make the use of
such hoists and ladders safe; and





(p)the examination and maintenance at intervals to be prescribed
by the regulations of any appliances or equipment required
by the regulations to be carried.

(2) The life-saving appliances regulations and the fire-fighting
appliances regulations shall include such requirements as appear to the
Governor in Council to be necessary to implement the provisions of the
Convention and the Simla Rules 1931 or any replacement of those Rules
relating to the matters referred to in subsection (1).

(3) This section applies to-

(a) ships registered in Hong Kong; and

(b) other ships while they are within the waters of Hong Kong:

Provided that this section shall not apply to a ship by reason of its
being within the waters of Hong Kong if it would not have been in such
waters but for stress of weather or other circumstance which neither the
master nor the owner of the ship could have prevented or forestalled.

10O The Governor in Council may make regulations prescribing--

(a) what signals shall be used by ships as signals of distress;

(b)the circumstances in which, and the purpdses for which, any
such signal is to be used and the circumstances in which it is
to be revoked; and

(c)the circumstances and manner in which warnings of
navigational dangers shall be reported.



101. (1) The Governor in Council may make regulations for
regulating in the interests of safety the carriage of dangerous goods in
ships.to which this section applies.

(2) If any of the regulations made under subsection (1) are not complied with -

(a) the owner or master of the ship commits an offence and is
liable to a fine of $10,000; and

(b)the ship shall be deemed for the purposes of section 67 to be
unsafe by reason of improper loading.

(3) This section applies to-

(a) ships registered in Hong Kong; and

(b) other ships while they are within the waters of Hong Kong.

102. (1) The Governor in Council may make regulations-

(a)for the surveying and periodic inspection of ships to which
Part IV applies;

(b)for determining freeboards to be assigned from time to time to
such ships;





(c)for ascertaining the length of a ship for the purposes of Part
IV;

(d)for determining, in relation to any such ship, the deck which is
to be taken to be the freeboard deck of the ship, and for
requiring the position of that deck to be indicated on each side
of the ship by a mark of description prescribed by the
regulations;

(e)for determining, by reference to that mark and the freeboard
for the time being assigned to any such ship, the positions in
which each side of the ship is to be marked with lines of a
description prescribed by the regulations, indicating the
various maximum depths to which the ship may be loaded in
circumstances prescribed by the regulations;

specifying such requirements in respect of the hulls,
superstructures, fittings and appliances of ships to which Part
IV applies as appear to the Governor in Council to be relevant
to the assignment of freeboards to such ships;

(g)providing that, at the time when freeboards are assigned to a
ship in accordance with these regulations, such particulars
relating to those requirements as may be determined in
accordance with the regulations are to be recorded in such
manner as may be so determined;

(h)for determining by reference to those requirements and that
record whether, at any time after freeboards have been so
assigned to a ship and while they continue to be so assigned
the ship is for the purposes of this Part to be taken to comply,
or not to comply, with the conditions of assignment;

(i)requiring such information relating to the stability of any ship
to which freeboards are assigned under the regulations, and
such information relating to the loading and ballasting of any
such ship, as may be determined in accordance with the
regulations, to be provided for the guidance of the master of
the ship in such manner as may be so determined;

(j)for securing that certificates which are issued as International
Load Line Certificates (1966) in respect of ships to which
section 57 applies, and are so issued by governments, other
than the Government of Hong Kong, shall be recognized for
the purposes of Part IV in such circumstances as may be
prescribed;

(k)for securing that exemption certificates which, in accordance
with the Convention of 1966, are issued in respect of ships to
which section 57 applies, and are so issued by governments
other than the Government of Hong Kong, shall in such
circumstances as may be prescribed by the





regulations have the like effect for the purposes of Part IV
as if they were valid Convention certificates;

(1)prescribing the period for which a certificate under section 51,
an exemption under section 62 or a certificate under section 63
shall remain in force and for extensions of such period;

(m)enabling a certificate under section 5 1, an exemption under
section 62 or a certificate under section 63 to be extended
within such limits and in such circumstances as may be
prescribed by the regulations;

(n)providing for the endorsement, termination or cancellation of
a certificate under section 51, an exemption under section 62
or a certificate under section 63.

(2) in relation to any matter authorized or required by Part IV to be
prescribed by the load line regulations, those regulations may make
different provision by reference to, or to any combination of, any of the
following--

(a) different descriptions of ships;

(b) different areas;

(c) different seasons of the year; and

(d) any other different circumstances.

103. (1) The Governor in Council may make regulations with respect
to the testing of anchors and chain cables for use in ships registered in
Hong Kong, and such regulations may in particular--

(a)prescribe the manner in which tests of anchors and cables are
to be carried out, the tensile strains and breaking strains to be
employed in such tests and the requirements to be fulfilled by
equipment used for the purposes of such tests;

(b)provide for the marking of anchors and cables which have
passed such tests and for the issue of certificates in respect
of such anchors and cables;

(c)provide for the supervision of such tests and marking, and for
the inspection of such equipment,by a Government surveyor
appointed under section 5;

(d)provide for the payment of fees in respect of such
supervision and inspection and in respect of the issue of
certificates under the regulations; and

(e)provide that the regulations shall not apply to anchors or
cables of such classes or descriptions as may be specified in
the regulations or which are exempted therefrom by the
Director in accordance with any power in that behalf
contained in the regulations.





(2) In this section 'anchor' and 'chain cable' include any shackle
attached to or intended to be used in connexion with the anchor or
cable.

104. The Governor in Council may make regulations prescribing, in
relation to the loading of ships generally or of ships of any class, any
precautions which are necessary or reasonable precautions to prevent
grain from shifting.

105. (1) The Governor in Council may make regulations prescribing
requirements to be complied with where cargo is carried in any
uncovered space on the deck of a ship to which Part IV applies; and
different requirements may be so prescribed in relation' to different
descriptions of ships, different descriptions of cargo, different voyages
or classes of voyage, different seasons of the year or any other different
circumstances.

(2) If the load line regulations provide, either generally or in
particular cases or classes of cases, for assigning special freeboards to
ships which are to have effect only where a cargo of timber is carried,
then, without prejudice to the generality of subsection (1), the deck
cargo regulations may prescribe special requirements to be complied
with in circumstances where any such special freeboard has effect.

(3) In prescribing any such special requirements as are mentioned
in subsection (2), the Governor in Council shall have regard in particular
to Chapter IV of the Convention of 1966.

(4) If the deck cargo regulations are contravened-

(a) in the case of a ship registered in Hong Kong; or

(b)in the case of any other ship while the ship is within the
waters of Hong Kong,

the owner or master of the ship commits an offence and is liable to a fine
of $15,000.

(5) For the purpose of securing compliance with the deck cargo
regulations any person authorized in that behalf by the Director may
inspect any ship to which Part IV applies which is carrying cargo in any
uncovered space on its deck; and for the purposes of any such
inspection any such person shall have all the powers conferred by
section 115.

106. The Governor in Council may make regulations with respect to
ships provided with nuclear power plants for the purpose of enabling
effect to be given to the provisions of Chapter VIII of the Annex to the
Convention.

107. (1) The Governor in Council may make regulations

(a)for securing the safety of Hong Kong ships and persons on
them and for protecting the health of persons on Hong Kong
ships; and





(b)for giving effect to any provisions of an international
agreement applicable to Hong Kong so far as the agreement
relates to the safety of other ships or persons on them or to
the protection of the health of persons on other ships.

(2) Without prejudice to the generality of subsection (1),
regulations made under that subsection may in particular provide for

(a)the design, construction, maintenance, repair, alteration,
inspection, surveying and marking of ships and their
machinery and equipment;

(b)the packaging, marking, loading, placing, moving, inspection,
testing and measuring of cargo and anything on a ship
which is not cargo, machinery or equipment;

(c) the carrying out of any operation involving a ship;

(d)the use of the machinery and equipment of a ship and of
anything on a ship which is not cargo, machinery or
equipment;

(e)the arrangements for ensuring communication between
persons in different parts of a ship and between persons in
the ship and other persons;

the access to, presence in and egress from a ship, and
different parts of it, of persons of any description;

(g)the ventilation, temperature and lighting of different parts of a
ship;

(h)the steps to be taken to prevent or control noise, vibration
and radiation in and from a ship and the emission in or from a
ship of smoke, gas and dust;

(i)the steps- to be taken to prevent, detect and deal with
outbreaks of fire on a ship;

(j)the steps to be taken to prevent any collision involving a ship
and in consequence of any collision involving a ship;

(k)the steps to be taken, in a case where a ship is in distress or
stranded or wrecked, for the purpose of saving the ship and
its machinery, equipment and cargo and the lives of persons
on or from the ship, including the steps to be taken by other
persons for giving assistance in such a case;

(1)the removal, by jettisoning or otherwise, of its equipment and
of other things from a ship for the purpose of avoiding,
removing or reducing danger to persons or property;

(m)the steps to be taken, in a case where danger of any. kind
occurs or is suspected on a ship, for removing or reducing the
danger and for warning persons who are not on the ship of
the danger or suspected danger;





(n)the making of records and the keeping of documents relating
to ships and the keeping and use on a ship of information to
facilitate the navigation of the ship;

(o)the keeping of registers and the issue of certificates in cases
for which registration or a certificate is required by virtue of
the regulations;

(p) the furnishing of information;

(q)the granting by the Director on such terms (if any) as he may
specify, of exemptions from specified provisions of the
regulations for classes of cases or individual cases;

(r) the alteration or cancellation of any such exemption;

(s)the detention of any ship and the application of section 68,
with such modifications (if any) as are prescribed, in relation
to the ship;

(t)the granting of approvals by the Director and the terms
thereof and the cancellation of any such approval or the
alteration of the terms thereof;

(u) fees; and

(v) generally carrying into effect this Ordinance.

(3) Regulations made under this section may-

(a)make different provision for different circumstances and, in
particular, make provision for an individual case;

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

(c)provide that the contravention of any particular regulation
shall be an offence and may prescribe penalties for any such
offence not exceeding a fine of $10,000 or imprisonment for 1
year or both such fine and such imprisonment.

(4) In this section 'Hong Kong ship' means a ship registered
in Hong Kong.

108. (1) The Governor in Council may make regulations specifying
such charts, directions or information as are necessary or expedient for
the safe operation of ships, and those regulations may require ships
registered in Hong Kong, or such class of ships registered in Hong
Kong as may be specified in the regulations, to carry, either at all times
or on such voyages as may be specified in the regulations, copies of the
charts, directions or information so specified.

(2) If a ship goes to sea, or attempts to go to sea without carrying
copies of the charts, directions or information which it is required to
carry by regulations under this section, the owner or master of the ship
commits an offence and is liable to a fine of $5,000.





109. The Governor in Council may make regulations to provide for
carrying into effect the provisions of this Ordinance with respect to a
court of survey and appeals thereto, and in particular with respect to
the summoning of and procedure before the court, the requiring of
security for costs and damages on an appeal under section 12 or
section 68 and the amount and application of fees.

110. (1) The Governor in Council may make regulations prescribing
the fees to be paid for any inspection carried out by a Government
surveyor under any power conferred by this Ordinance and in respect
of any certificate issued by the Director under this Ordinance.

(2) Any fees payable under regulations made under subsection (1)
shall be paid to the Government of Hong Kong.

(3) Subsection (2) shall not apply to any fee paid in respect of

(a)a survey or inspection which is carried out otherwise than by
a Government surveyor; or

(b)a certificate issued otherwise than by the Director under this
Ordinance.

(4) The Governor in Council may issue instructions to Government
surveyors and may make regulations

(a)specifying the manner in which surveys of ships are to be
made;

(b)specifying the notice to be given to Government surveyors
when surveys are required;

(c)prescribing the amount and payment of fees due and of any
travelling or other expenses incurred by Government
surveyors in the execution of their duties; and

(d)prescribing the persons by whom and the conditions under
which any such payments as are mentioned in paragraph (c)
shall be made.

(5) For the purposes of subsection (4) and without prejudice to the
generality of the powers contained therein the instructions to surveyors
of ships and the regulations relating to surveyor of ships issued or
made from time to time under the Merchant Shipping Acts shall, unless
varied by or repugnant to the instructions or regulations issued or made
under subsection (4), shall be deemed to be instructions or regulations
issued or made under subsection (4).

111. (1) For the purposes of this Ordinance, the rules and
regulations shown in the second column of the Schedule and made from
time to time under the Merchant Shipping Acts shall be deemed to be
the regulations made under the relevant section shown in the third
column of the Schedule unless the first-mentioned rules or regulations
are varied by or repugnant to those regulations; and any





reference in the Schedule to rules and regulations shall include a
reference to such rules and regulations as may from time to time be
amended.

(2) Where in any rules or regulations shown in the second column
of the Schedule any power is conferred on or any duty is to be
performed by a Secretary of State, such power or duty shall, in relation
to Hong Kong, be exercised or performed by the Governor or any
person authorized by him.

(3) This section shall-

(a) be without prejudice to the generality of any powers
conferred by this Ordinance to make regulations; and

(b)be in addition to and shall not derogate from section 75 of the
Interpretation and General Clauses Ordinance.

(4) The Governor may by order amend the Schedule.

112. Save as otherwise provided, any regulations made under this
Ordinance may provide that a contravention of specified provisions
thereof shall be an offence and may prescribe penalties therefor not
exceeding $20,000 and 2 years imprisonment.

PART X

MISCELLANEOUS PROVISIONS

113. (1) The Governor may give to the Director and to any public
officer such directions as he thinks fit, either generally or in any
particular case, with respect to the performance or exercise of their
respective duties or powers under this Ordinance.

(2) A person to whom a direction is given by the Governor under
subsection (1) shall, in the performance or exercise of his duties or
powers under this Ordinance, comply with that direction.

114. (1) The Secretary for Economic Services may exempt any
ship or class of ships from any requirements of this Ordinance or any
regulations made under this Ordinance, either absolutely or subject
to such conditions as he thinks fit.

(2) Where any exemption is conferred under subsection (1) subject
to conditions, the exemption shall not have effect unless those
conditions are complied with.

(3) Without prejudice to the generality of subsection (1), where a
ship not normally enaged on international voyages is required to
undertake a single international voyage, the Secretary for Economic
Services may, if he is of the opinion that the ship complies with safety
requirements that are adequate for that voyage, exempt the ship from
any of the safety requirements imposed by or under the Merchant
Shipping Acts or under this Ordinance.






(4) The Scretary for Economic Services may modify any
requirement imposed by or under this Ordinance-

(a)with regard to passenger ships plying on any international
coasting voyage, if and to the extent that he is satisfied that
the risks incurred by passenger ships plying on that voyage
are such as to make it unreasonable or unnecessary to require
ships so plying to comply with that requirement;

(b)with regard to ships for the time being engaged in any
passenger trade in which they are employed in the carriage of
large numbers of unberthed passengers, if he is satisfied that
compliance with that requirement by ships so engaged is
impracticable and to the extent that he is so satisfied that
modifications are required by the conditions of the trade.

115. (1) Any person empowered to exercise the powers contained
this section may

(a)at any reasonable time (or, in a situation which in his opinion
is or may be dangerous, at any time)

(i) enter any premises; or

(ii) board any ship which is registered in Hong Kong
wherever it may be and any other ship which is in the waters
of Hong Kong,

if he has reason to believe that it is necessary for him to enter
the premises or board the ship for the purpose of performing
his functions;

(b)on entering any premises by virtue of paragraph (a) or on
boarding a ship by virtue of that paragraph, take with him any
other person and any equipment or materials required to
assist him in performing his functions;

(c)make such examination and investigation as he considers
necessary for the purpose of performing his functions;

(d)as regards any premises or ship which he has power to enter
or board, give a direction requiring that the premises or ship
or any part of the premises or ship or any thing in the
premises or ship or such a part shall be left undisturbed
(whether generally or in particular respects) for so long as is
reasonably necessary for the purposes of any examination or
investigation under paragraph (c);

(e)take such measurements and photographs and make such
recordings as he considers necessary for the purpose of any
examination or investigation under paragraph (c);

take samples of any articles or substances found in any
premises or ship which he has power to enter or board and of
the atmosphere in or in the vicinity of any such premises or
ship;





(g)in the case of any article or substance which he finds in any
such premises or ship and which appears to him to have
caused or to be likely to cause danger to health or safety,
cause it to be dismantled or subjected to any process or test
(but not so as to damage or destroy it unless that is in the
circumstances necessary for the purpose of performing the
said functions);

(h)in the case of any such article or substance as is mentioned in
paragraph (g), take possession of it and detain it for so long
as is necessary for all or any of the following purposes

(i) to examine it and do to it anything which he has power
to do under that paragraph;

(ii) to ensure that it is not tampered with before his
examination of it is completed;

(iii) to ensure that it is available for use as evidence in any
proceedings for an offence under this Ordinance;

(i)require any person who he has reasonable cause to believe is
able to give any information relevant to any examination or
investigation under paragraph (c)--

(i) to attend at a place and time specified by him; and

(ii) to answer (in the absence of persons other than any
persons whom he may allow to be present and a person
nominated to be present by the person on whom the
requirement is imposed) such questions as he thinks fit to
ask; and

(iii) to sign a declaration of the truth of his answer;

(j)require the production of, and inspect and take copies of or of
any entry in,

(i) any books or documents which by virtue of any
provision of this Ordinance or the Merchant Shipping Acts
are required to be kept; and

(ii) any other books or documents which he considers it
necessary for him to see for the purposes of any examination
or investigation under paragraph (c);

(k)require any person to afford him such facilities and assistance
with respect to any matters or things within that person's
control or in relation to which that person has responsibilities
as the inspector considers are necessary to enable him to
exercise any of the powers conferred on him by this
subsection.

(2) It is hereby declared that nothing in subsection (1) authorizes a
person unnecessarily to prevent a ship from proceeding on a voyage.

(3) The Governor in Council may by regulations make provision as
to the procedure to be followed in connexion with the taking of samples
under subsection (1)(,f) and subsection (6) and provision





as to the way in which samples that have been so taken are to be dealt
with.

(4) Where a person proposes to exercise the power conferred by
subsection (1)(g) in the case of an article or substance found in any
premises or ship, he shall, if so requested by a person who at the time is
present in and has responsibilities in relation to the premises or ship,
cause anything which is to be done by virtue of that power to be done
in the presence of that person unless he considers that its being done in
that person's presence would be prejudicial to the safety of that person.

(5) Before exercising the power conferred by subsection (1)(g), the
person shall consult such other persons as appear to him appropriate
for the purpose of ascertaining what dangers, if any, there may be in
doing anything which he proposes to do under that power.

(6) Where under the power conferred by subsection (1)(h) a person
takes possession of any article or substance found in any premises or
ship, he shall leave there, either with a responsible person or, if that is
impracticable, fixed in a conspicuous position, a notice giving
particulars of that article or substance sufficient to identify it and
stating that he has taken possession of it under that power; and before
taking possession of any such substance under that power he shall, if it
is practicable for him to do so, take a sample of the substance and give
to a responsible person at the premises or on board the ship a portion of
the sample marked in a manner sufficient to identify it.

(7) No answer given by a person in pursuance of a requirement
imposed under subsection (1)(i) shall be admissible in evidence against
that person or the husband or wife of that person in any proceedings
except proceedings in pursuance of section 116(c) in respect of a
statement in or a declaration relating to the answer; and a person
nominated as mentioned in subsection (1)(i) shall be entitled, on the
occasion on which the questions there mentioned are asked, to make
representations to the person exercising the powers under this section
on behalf of the person who nominated him.

(8) Nothing in this section shall be taken to compel the production
by any person of a document of which he would on grounds of legal
professional privilege be entitled to withhold production on an order for
discovery in an action in the High Court.

116. A person who-

(a)wilfully obstructs any person in the exercise of any power
conferred on him by section 115; or

(b) without reasonable ... excuse, does not comply with a require-
ment imposed in pursuance of section 115 or prevents
another person from complying with such a requirement;
or





(c)without prejudice to the generality of paragraph (b), makes a
statement or signs a declaration which he knows is false, or
recklessly makes a statement or signs a declaration which is
false, in purported compliance with a requirement made in
pursuance of subsection (1)(i) of section 115,

commits an offence and shall be liable to a fine of $10,000 and to
imprisonment for 6 months.

117. (1) A Government surveyor may inspect any ship for the
purpose of seeing that it complies with this Ordinance or any
regulations made thereunder; and if he finds that it does not comply
with this Ordinance or regulations he shall give to the owner, agent or
master notice in writing stating in what respect it fails to comply and
what in his opinion is required to remedy the failure.

(2) Where a notice under subsection (1) has been given to the
owner, agent or master of a ship, the ship shall be detained by the
Director until a certificate by a Government surveyor is produced to the
effect that the failure has been remedied.

118. Where a ship is detained under any provision of this Ordinance
(other than Part V) which provides for the detention of a ship until an
event specified in that provision occurs, section 69 shall apply as if the
ship had been detained under section 68.

119. Where any foreign ship is detained under this Ordinance, and
where any proceedings are taken under this Ordinance against the
owner, agent or master of any such ship, notice shall forthwith be
served on the 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.

120. (1) Where, for the purposes of this Ordinance, any document is
to be served on any person, that document may be served by any
public officer of the Marine Department of the rank of Marine Inspector
Class II or above or by any other person authorized in that behalf by
the Director

(a)in any case by delivering the document personally to the
person to be served, or by leaving it for him at his last place of
business or residence;

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

(c)if the document is to be served on a person belonging to a
ship. by leaving it for him on board the ship with the master of
the ship or with a person being or appearing to be in charge
or command of the ship;

(d)if the document is to be served on the master of a ship, where
there is no master and the ship is in Hong Kong





(i) by serving it on the owner of the ship or his agent
residing in Hong Kong; or

(ii) where no such owner or his agent is known or can be
found, by affixing the document to the mast or other
prominent part of the ship;

(e)if the document is to be served on the owner of a ship or his
agent

(i) by leaving the document for him on board the ship
with some person being or appearing to be in char e or
9

command of the ship or a member of the crew of the ship; or

(ii) by leaving the document for him at the office of the
owner or his agent with some person being or appearing to be
in charge of the office.

(2) Any document referred to in subsection (1) which is to be
served on the owner or master of a ship may be addressed to the owner
or master of the ship without specifying the name of the owner or
master.

(3) Any person who obstructs the service under this Ordinance of
a document on the master of a ship commits an offence and is liable to a
fine of $5,000.

(4) Any owner, agent or master of a ship who is party or privy to
an offence under subsection (3) commits an offence and is liable to a
fine of $50,000 and to imprisonment for 2 years.

121. There shall be paid out of general revenue to any member of a
court of survey, other than a public officer, or to any assessor, other
than a public officer, such remuneration as may be prescribed in
regulations made under this Ordinance or, if no such regulations have
been made, as the Governor may direct.

... 122. (1) In any legal proceedings for a contravention of this
Ordinance, any entry in the official log-book of a ship, deck log-book,
engine room log-book or other similar document, or any document
purporting to be a copy of any such entry and to be certified as a true
copy by any person specified in subsection (2) shall, until the contrary
is proved

(a)be admitted in evidence and be sufficient evidence of the
matters stated therein; and

(b)in the case of such a copy, be presumed that it is so certified.

(2) For the purposes of subsection (1), the persons who may certify
copies of entries in an official log-book, deck log-book, engine room log-
book or other similar document are

(a)the Director or any person authorized by him in writing in that
behalf,





(b) a magistrate;

(c) a justice of the peace;

(d)a notary public, as defined in the Legal Practitioners
Ordinance; or

(e) a consular officer.

123. (1) Any certificate referred to in subsection (2) which is in force
in respect of any ship on the commencement of this Ordinance shall
continue in force and have effect as if it were a certificate issued under
this Ordinance.

(2) For the purposes of subsection (1) the certificates are-

(a)a passenger certificate issued under section 28 of the
Merchant Shipping Ordinance;

(b)the following certificates issued under the Merchant Shipping
(Safety Convention) Act 1949 as extended to Hong Kong by
the Merchant Shipping Safety Convention (Hong Kong) No. 1
Order 1953

(i) a general safety certificate;

(ii) a short voyage safety certificate;

(iii) a qualified safety certificate;

(iv) a qualified short voyage safety certificate;

(v) a safety equipment certificate;

(vi) a qualified safety equipment certificate;

(vii) a radio certificate;

(viii) a qualified radio certificate;

(ix) any exemption certificate; and

(x) any other certificate which the Governor has issued
pursuant to powers conferred on him by the Act as so
extended;

(c)the following certificates issued under the Merchant Shipping
Act 1964 as extended to Hong Kong by the Merchant
Shipping (Safety Convention) (Hong Kong) Order 1965

(i) a cargo ship safety construction certificate;

(ii) a qualified cargo ship safety construction certificate; (iii)
any exemption certificate;

(d)the following certificates issued under the Merchant Shipping
(Load Lines) Act 1967 as extended to Hong Kong by the
Merchant Shipping (Load Lines) (Hong Kong) Order 1970

(i) an International Load Line Certificate (1966);

(ii) an International Load Line Exemption Certificate; (iii) any
other certificate which the Governor has issued pursuant to
powers conferred on him by the Act as so extended.





(3) For the avoidance of doubt, it is hereby declared that
notwithstanding the repeal of sections 59 and 60 and Parts VI and VII of
the Merchant Shipping Ordinance, the following regulations
(hereinafter referred to as the specified regulations)

(a) the Merchant Shipping (Court of Survey) Regulations;

(b) the Merchant Shipping (Fire Appliances) Regulations;

(c)the Merchant Shipping (Instructions to Surveyors)
(Passenger Ships) Regulations:

(d)the Merchant Shipping (Life Saving Appliances) Regulations;
and

(e)the Merchant Shipping (Minimum Passenger Space)
Regulations,



shall, save on so far as they are inconsistent with any of the provisions
of this Ordinance or any regulations made thereunder, continue in
operation until such time as they are replaced by regulations made
under this Ordinance which are expressed to be in substitution of the
specified regulations, and shall be deemed for all purposes to have been
made under the Ordinance and to be liable to amendment thereby or
thereunder.

SCHEDULE [s. 11 L]

UNITED KINGDOM REGULATIONS APPLICABLE To HONG
KONG

Section of Ordinance
Item Regulations under which deemed
to be made
1. International Regulations for Preventing 93
Collision at Sea 1972
2. Merchant Shipping (Radio Installations) 97
Regulations 1980 (S.I. 1980 No. 529)
3. Merchant Shipping (Radio Installations 97 and 107
Survey) Regulations 1981 (S.I. 1981 No.
583)
4. Merchant Shipping (Navigational Equip- 98
ment) Regulations 1980 (S.I. 1980 No. 530)
5. Merchant Shipping (Safety Convention) 107
(Transitional Provisions) Regulations 1980
(S.I. 1980 No. 53 1)
6. Merchant Shipping (Navigational Warn- 100
ings) Regulations 1980 (S.I. 1980 No. 534)
7. Merchant Shipping (Signals of Distress)
Rules 1977 (S L 197; No. 1010)
8. Merchant Shipping (Passenger Ship Con- 94
struction) Regulations 1980 (S.I. 1980 No.
535)
9. Merchant Shipping (Grain) Regulations 104
1980 (SI 1980 No. 536)
10. Merchant (Cargo Ship Con- 96
struction and Survey) Regulations 1981
(S.I. 1981 No. 572)
1981 ed cap 369 68 Originally 63 of 1981. L.N. 363/84. L.N. 363/81. Short title. Interpretation. (Cap. 295.) (Cap. 1.) Application. (Cap. 313.) Interpretation. Appointment of Government surveyors. Powers and duties of Government surveyors. Returns by Government surveyors. Approval of organizations to survey ships and issue certificates. Annual survey of passenger ship. Mode of survey and declaration of survey. Survey of ships other than passenger ships. Appeal to court of survey. No appeal in certain cases. Issue of passenger certificate. Issue for passenger ships of safety certificates and exemption certificates. Modification of safety certificate in respect of life-saving appliances. Issue for cargo ships of safety equipment certificates and exemption certificates. Issue for cargo ships of radio certificates and exemption certificates. Renewal of radio certificates for small cargo ships. Issue of general safety on partial compliance with regulations. Cargo ship safety construction certificates and exemption certificates. Delivery of certificate and declarations. Notice of alterations and additional surveys. Certificates to be exhibited. Prohibition on proceeding to sea without appropriate certificates. Duration of certificates. Cancellation of certificates. Delivery up of certificates . Extension of certificates. Miscellaneous provisions. Issue of certificate at request of Director. Forgery of certificates. Certificates of Convention ships not registered in Hong Kong. Further provisions as to the production of Convention certificates. Exemption of certain ships. Equipment of passenger ships. Restriction to decks on which passengers may be carried. Excess passengers. Director may refuse clearance of ship carrying excess passengers. Prohibition on increasing weight on safety valve. Signalling lamps. Anchors and cables. Duties of owners and masters as to carrying life-saving appliances and fire-fighting appliances. Penalty for breach of life-saving appliances regulations and fire-fighting appliances regulations. Entry in log-book of boat-drill. Application to foreign ships. Interpretation. (1967,c.27.) (1967,c.27.) Compliance with load line regulations. Submersion of load lines. Miscellaneous offences in relation to marks. Issue of load line certificate. Effect of load line certificate. Endorsement of load line certificates. Ship not to proceed to sea without load line certificate. Display of load line certificate and entry of particulars in official log-book. Inspection of ships. Valid Convention certificates. Compliance with load line regulations. Submersion of load lines. Production of certificate to Director. Provisions as to inspection. Power to exempt. Issue to exemption certificates. Endorsement of exemption certificates. Subdivision load lines. Miscellaneous and supplementary provisions. Offence in respect of dangerously unsafe ship. Power to detain unsafe ships, and procedure for detention. Liability for costs and damages. Power to require security for costs from complainant. General provisions in respect of detention order. Application of detention provisions to foreign ships. Owners' obligation to secure safety of ships. Appointment of courts of survey. Procedure in respect of courts of survey. Nothing to affect admiralty jurisdiction of Supreme Court. Observance of collision regulations. Assistance to be rendered in the event of collisions. Collision to be entered in official log-book. Report to Director of accidents to ships. Notice of loss of Hong Kong ship to be given to the Director. Report of dangers to navigation. (Cap. 106.) Signals of distress. Obligation to assist vessels, etc. in distress. Careful navigation near ice. Method of giving helm orders. Offences in respect of dangerous goods. Stowage of dangerous goods. Forfeiture of dangerous goods. Director may refuse clearance. Power to deal with goods suspected of being dangerous. Saving for other enactments relating to dangerous goods. Collision regulations. Passenger ship construction regulations. Regulations in respect of openings in passenger ships' hulls and watertight bulkheads. Cargo ship construction and survey regulations. Radio regulations. Navigational equipment regulations. Regulations for life-saving and fire-fighting appliances. Regulations in respect of distress signals and navigational warnings. Regulations in respect of carriage of dangerous goods. Load line regulations. Regulations for testing anchor and chain cables. Regulations relating to carriage of grain. Deck cargo regulations. Nuclear ship regulations. General safety regulations. Nautical publications. Regulations as to procedure, fees, etc. in courts of survey. Regulations as to fees and surveys. Adoption of regulations made under Merchant Shipping Acts. Schedule. (Cap. 1.) Penalties under regulations. Power of Governor to give directions. Power to exempt. Powers of inspection. Obstruction. Power to detain. Application of section 69. Notice to be given to consular officer where proceedings taken in respect of foreign ships. Service of documents. Payment of remuneration to certain persons. Use of official log-book in evidence. (Cap. 159.) Saving. (Cap. 281.) (S.I. 1953/592.) (S.I. 1965/2011.) (1967,c.27.) (S.I. 1970/285.) (Cap. 281.) (Cap. 281,sub.leg.) (Cap. 281, sub.leg.) (Cap. 281, sub.leg.) (Cap. 281, sub.leg.) (Cap. 281, sub.leg.)

Originally 63 of 1981. L.N. 363/84. L.N. 363/81. Short title. Interpretation. (Cap. 295.) (Cap. 1.) Application. (Cap. 313.) Interpretation. Appointment of Government surveyors. Powers and duties of Government surveyors. Returns by Government surveyors. Approval of organizations to survey ships and issue certificates. Annual survey of passenger ship. Mode of survey and declaration of survey. Survey of ships other than passenger ships. Appeal to court of survey. No appeal in certain cases. Issue of passenger certificate. Issue for passenger ships of safety certificates and exemption certificates. Modification of safety certificate in respect of life-saving appliances. Issue for cargo ships of safety equipment certificates and exemption certificates. Issue for cargo ships of radio certificates and exemption certificates. Renewal of radio certificates for small cargo ships. Issue of general safety on partial compliance with regulations. Cargo ship safety construction certificates and exemption certificates. Delivery of certificate and declarations. Notice of alterations and additional surveys. Certificates to be exhibited. Prohibition on proceeding to sea without appropriate certificates. Duration of certificates. Cancellation of certificates. Delivery up of certificates . Extension of certificates. Miscellaneous provisions. Issue of certificate at request of Director. Forgery of certificates. Certificates of Convention ships not registered in Hong Kong. Further provisions as to the production of Convention certificates. Exemption of certain ships. Equipment of passenger ships. Restriction to decks on which passengers may be carried. Excess passengers. Director may refuse clearance of ship carrying excess passengers. Prohibition on increasing weight on safety valve. Signalling lamps. Anchors and cables. Duties of owners and masters as to carrying life-saving appliances and fire-fighting appliances. Penalty for breach of life-saving appliances regulations and fire-fighting appliances regulations. Entry in log-book of boat-drill. Application to foreign ships. Interpretation. (1967,c.27.) (1967,c.27.) Compliance with load line regulations. Submersion of load lines. Miscellaneous offences in relation to marks. Issue of load line certificate. Effect of load line certificate. Endorsement of load line certificates. Ship not to proceed to sea without load line certificate. Display of load line certificate and entry of particulars in official log-book. Inspection of ships. Valid Convention certificates. Compliance with load line regulations. Submersion of load lines. Production of certificate to Director. Provisions as to inspection. Power to exempt. Issue to exemption certificates. Endorsement of exemption certificates. Subdivision load lines. Miscellaneous and supplementary provisions. Offence in respect of dangerously unsafe ship. Power to detain unsafe ships, and procedure for detention. Liability for costs and damages. Power to require security for costs from complainant. General provisions in respect of detention order. Application of detention provisions to foreign ships. Owners' obligation to secure safety of ships. Appointment of courts of survey. Procedure in respect of courts of survey. Nothing to affect admiralty jurisdiction of Supreme Court. Observance of collision regulations. Assistance to be rendered in the event of collisions. Collision to be entered in official log-book. Report to Director of accidents to ships. Notice of loss of Hong Kong ship to be given to the Director. Report of dangers to navigation. (Cap. 106.) Signals of distress. Obligation to assist vessels, etc. in distress. Careful navigation near ice. Method of giving helm orders. Offences in respect of dangerous goods. Stowage of dangerous goods. Forfeiture of dangerous goods. Director may refuse clearance. Power to deal with goods suspected of being dangerous. Saving for other enactments relating to dangerous goods. Collision regulations. Passenger ship construction regulations. Regulations in respect of openings in passenger ships' hulls and watertight bulkheads. Cargo ship construction and survey regulations. Radio regulations. Navigational equipment regulations. Regulations for life-saving and fire-fighting appliances. Regulations in respect of distress signals and navigational warnings. Regulations in respect of carriage of dangerous goods. Load line regulations. Regulations for testing anchor and chain cables. Regulations relating to carriage of grain. Deck cargo regulations. Nuclear ship regulations. General safety regulations. Nautical publications. Regulations as to procedure, fees, etc. in courts of survey. Regulations as to fees and surveys. Adoption of regulations made under Merchant Shipping Acts. Schedule. (Cap. 1.) Penalties under regulations. Power of Governor to give directions. Power to exempt. Powers of inspection. Obstruction. Power to detain. Application of section 69. Notice to be given to consular officer where proceedings taken in respect of foreign ships. Service of documents. Payment of remuneration to certain persons. Use of official log-book in evidence. (Cap. 159.) Saving. (Cap. 281.) (S.I. 1953/592.) (S.I. 1965/2011.) (1967,c.27.) (S.I. 1970/285.) (Cap. 281.) (Cap. 281,sub.leg.) (Cap. 281, sub.leg.) (Cap. 281, sub.leg.) (Cap. 281, sub.leg.) (Cap. 281, sub.leg.)

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