(Cap 478 sections 121 and 134) [2 September 1996] (L.N. 580 of 1995) Cap 478F s 1 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 478F s 2 Application This Regulation shall not apply to a fishing vessel except a trawler to which Part XII of the Merchant Shipping Ordinance (Cap 281) applies. (Enacted 1995) Cap 478F s 3 Birth in Hong Kong ship Where a child is born in a Hong Kong ship, the master of the ship shall make a return of the birth in accordance with sections 7 and 8. (Enacted 1995) Cap 478F s 4 Death in Hong Kong ship and death of seafarer employed in Hong Kong ship Where- (a) any person dies in a Hong Kong ship; or (b) any person employed in a Hong Kong ship dies outside Hong Kong, whether or not such death occurs in the ship,the master of the ship shall- (i) make a return of the death in accordance with sections 7 and 8; and (ii) as soon as practicable but, in any case, not later than 3 days after the death, notify the death to such person, if any, as the deceased has named to him as his next of kin. (Enacted 1995) Cap 478F s 5 Person missing from Hong Kong ship Where any person is missing from a Hong Kong ship, the master of the ship shall make a return of the missing person in accordance with sections 7 and 8. (Enacted 1995) Cap 478F s 6 Birth and death in, and person missing from, ship other than Hong Kong ship (1) Where- (a) any birth of a child to, or death of, a person who holds an identity card occurs in the course of a voyage in a ship other than a Hong Kong ship; and (b) the ship thereafter enters the waters of Hong Kong in the course of or at the end of the voyage during which the birth or death occurs,the master of the ship shall make a return of the birth or of the death in accordance with sections 7 and 8. (2) Where- (a) any person who holds an identity card is missing in the course of a voyage in a ship other than a Hong Kong ship; and (b) the ship thereafter enters the waters of Hong Kong in the course of or at the end of the voyage during which the person is missing,the master of the ship shall make a return of the missing person in accordance with sections 7 and 8. (Enacted 1995) Cap 478F s 7 Returns of births, deaths and missing persons (1) Any return of a birth, death or missing person required to be made under section 3, 4 or 5 shall be made by the master of the ship to the Superintendent as soon as practicable after (but, in any case, not later than 6 months after)- (a) the birth or death to which it relates; or (b) the person is found missing,as the case may be. (2) Any return of a birth, death or missing person required to be made under section 6 shall be made by the master of the ship to the Superintendent before the ship leaves the waters of Hong Kong. (3) Without prejudice to subsections (1) and (2) and section 15, a return of a birth, death or missing person required to be made under section 3, 4, 5 or 6 which is not made within the period prescribed for the making thereof shall not be invalid by reason only that it is not made within that period. (Enacted 1995) Cap 478F s 8 Contents of returns (1) A return of a birth, death or missing person required to be made under this Regulation- (a) shall be in writing; (b) shall be signed by the master of the ship as informant; and (c) shall contain- (i) in the case of a birth, subject to subsection (2), the particulars specified in Schedule 1; (ii) in the case of a death, the particulars specified in Schedule 2; and (iii) in the case of a missing person, the particulars specified in Schedule 3, or so many of those particulars as the master may reasonably be able to obtain, having regard to the circumstances of the case.(2) In the case of the birth of an illegitimate child, the name of any person as father of such child shall not be entered in a return of the birth required to be made under this Regulation except in the circumstances provided in section 12(2)(a) to (d) of the Births and Deaths Registration Ordinance (Cap 174). (Enacted 1995) Cap 478F s 9 Particulars of death where master unable to act Where it appears to the Superintendent that the master of a ship cannot perform the duty imposed on him by section 4 in respect of a death because he has himself died or is incapacitated or missing and either- (a) the death in question has been the subject of an inquest held by a coroner or an inquiry held pursuant to section 122 of the Ordinance, and the findings of the inquest or inquiry, as the case may be, include a finding that the death occurred; or (b) an autopsy has been performed on the deceased's body, and in consequence a coroner is satisfied that an inquest is unnecessary,then the Superintendent shall obtain such of the particulars specified in Schedule 2 as he may be able to obtain in the circumstances of the case. (Enacted 1995) Cap 478F s 10 Particulars of death to be supplied by coroners Where- (a) an inquest is held on a dead body or touching a death or an autopsy is performed on a dead body as a result of which a coroner is satisfied that an inquest is unnecessary; and (b) it appears to the coroner that the death in question is a death referred to in section 4(a) or (b),the coroner shall send to the Superintendent particulars in respect of the deceased of the kind specified in Schedule 4. (Enacted 1995) Cap 478F s 11 Other deaths outside Hong Kong (1) This section applies to the death of a person- (a) occurring outside Hong Kong; (b) who holds an identity card; (c) who was, at the time of his death, employed in a ship other than a Hong Kong ship, whether or not such death occurred in the ship; and (d) in respect of which no return is required to be made under the other provisions of this Regulation and section 9 is not applicable.(2) Where the Superintendent is satisfied that a death to which this section applies has occurred and- (a) the death has been the subject of- (i) an inquest held by a coroner; or (ii) an inquiry held by an appropriate person of the country in which the ship concerned is registered, and the findings of the inquest or inquiry, as the case may be, include a finding that the death occurred; or(b) an autopsy has been performed on the deceased's body, and in consequence a coroner is satisfied that an inquest is unnecessary,then the Superintendent shall obtain such of the particulars specified in Schedule 2 as he may be able to in the circumstances of the case. (Enacted 1995) Cap 478F s 12 Records to be kept by Superintendent The Superintendent shall keep- (a) a separate record of births in the form specified in Schedule 5 in which shall be recorded the particulars sent to him of births in accordance with sections 7 and 8; (b) a separate record of deaths in the form specified in Schedule 6 in which shall be recorded the particulars- (i) sent to him of deaths in accordance with sections 7 and 8; (ii) obtained by him of deaths in accordance with either section 9 or 11; and (iii) sent to him of deaths in accordance with section 10; and(c) a separate record in the form specified in Schedule 7 in which shall be recorded the particulars sent to him of missing persons in accordance with sections 7 and 8. (Enacted 1995) Cap 478F s 13 Rectification of entries of births, deaths and missing persons (1) Where the Superintendent is satisfied that there is an error or omission in any entry made in the record of births, deaths or missing persons kept by him under section 12, he may, in accordance with evidence of the true facts relating to the entry, rectify it in such manner as may appear to him appropriate. (2) Where it appears to the Superintendent that an entry of the birth of a child in the record of births kept by him under section 12 should be amended- (a) where the child is an illegitimate child and no person has been registered as the father of the child, so as to show a person as the father; (b) so as to reflect the making of a declaration of parentage or legitimacy in respect of the child by a court pursuant to section 6 of the Parent and Child Ordinance (Cap 429); or (c) so as to reflect an order of a court under section 12 of the Parent and Child Ordinance (Cap 429) that the child be treated in law as the child of the parties to a marriage,he may amend the entry in such manner as appears to him to be appropriate. (3) In exercising the powers conferred by subsection (2), the Superintendent shall have regard to the circumstances and manner in which the Registrar may re-register a person's birth for the purposes of the following provisions, namely- (a) as regards the powers conferred by subsection (2)(a), section 12A of the Births and Deaths Registration Ordinance (Cap 174); (b) as regards the powers conferred by subsection (2)(b), section 12B of the Births and Deaths Registration Ordinance (Cap 174); (c) as regards the powers conferred by subsection (2)(c), section 12C of the Births and Deaths Registration Ordinance (Cap 174).(4) Within 7 days after the rectification or amendment of an entry in his records in accordance with this section, the Superintendent shall cause a certified copy of the rectified or amended entry to be sent to the Registrar. (Enacted 1995) Cap 478F s 14 Certified copies of entries to be sent to Registrar The Superintendent shall within 7 days of the completion of an entry in any record kept in accordance with section 12 send to the Registrar a copy of the entry, certified by him, or by a person authorized by him to act for the purpose, to be a true copy of the entry. (Enacted 1995) Cap 478F s 15 Offences The master of a ship who contravenes section 3, 4, 5 or 6(1) or (2) commits an offence and is liable on conviction to a fine at level 1. (Enacted 1995) Cap 478F s 16 Amendment of Schedules The Authority may, by notice in the Gazette, amend Schedule 1, 2, 3, 4, 5, 6 or 7. (Enacted 1995) Cap 478F Sched 1 PARTICULARS REQUIRED TO BE CONTAINED IN RETURNS OF BIRTHS [sections 8(1)(c)(i) & 16] 1. Ship in which birth occurred (a) name of the ship; and (b) (i) wherever it is registered, its port of registry and official number; and (ii) if it is not a Hong Kong ship, the name of its owner and his address. 2. Child (a) date of birth; (b) (i) if the birth took place at sea, the position of the ship by latitude and longitude at the time of the birth; and (ii) in any other case, the place of birth;(c) name (if any) and surname; and (d) sex. 3. Father (a) name and surname; (b) usual residence; and (c) nationality; but, if the child is illegitimate, no particulars of the father shall be given except in the circumstances provided in section 12(2) of the Births and Deaths Registration Ordinance (Cap 174). 4. Mother (a) name and surname; (b) (i) maiden surname (being the name under which she contracted her marriage or, where she has been married more than once, her first marriage); and (ii) surname at marriage, if different from maiden surname;(c) usual residence; and (d) nationality. 5. Informant Name and surname of master. Cap 478F Sched 2 PARTICULARS REQUIRED TO BE CONTAINED IN RETURNS OF DEATHS [sections 8(1)(c)(ii), 9, 11(2) & 16] 1. Ship in which death occurred or in which the deceased was employed (a) name of ship; and (b) (i) wherever it is registered, its port of registry and official number; and (ii) if it is not a Hong Kong ship, the name of its owner and his address. 2. The deceased (a) date of death or loss; (b) (i) if the death took place in the ship or in a ship's boat or if the deceased was lost from the ship or a ship's boat, the place of death or, if at sea, the position of the ship or ship's boat by latitude and longitude at the time of the death or loss (as the case may require); and (ii) in any other case, the place of death;(c) name and surname; (d) sex; (e) date of birth (if known) or age; (f) (if known) maiden surname of woman who has been married (being the name under which she contracted her marriage or, where she has been married more than once, her first marriage); (g) occupation, rank or profession; (h) usual residence at time of death or loss; (i) nationality; and (j) cause of death or loss, if known (certified if possible by ship's medical practitioner or other medical practitioner). 3. Informant (a) name and surname of master; or (b) in the case of a death authorized to be recorded under section 9 of this Regulation and where no informant is notified the name and office of the person who conducted the inquiry pursuant to section 122 of the Ordinance or of the coroner who held the inquest or was satisfied that no inquest was necessary. Cap 478F Sched 3 PARTICULARS REQUIRED TO BE CONTAINED IN RETURNS OF MISSING PERSONS [sections 8(1)(c)(iii) & 16] 1. Ship from which person is missing (a) name of ship; and (b) (i) wherever it is registered, its port of registry and official number; and (ii) if it is not a Hong Kong ship, the name of its owner and his address. 2. The missing person (a) date on and time at which person is found missing; (b) the place where the ship was on that date at that time or, if at sea, the position of the ship by latitude and longitude on that date at that time (as the case may require); (c) name and surname; (d) sex; (e) date of birth (if known) or age; (f) (if known) maiden surname of woman who has been married (being the name under which she contracted her marriage or, where she has been married more than once, her first marriage); (g) occupation, rank or profession; (h) usual residence at time person is missing; (i) nationality; and (j) grounds for presumption of death. 3. Informant Name and surname of master Cap 478F Sched 4 PARTICULARS REQUIRED TO BE SENT BY CORONERS IN RESPECT OF DEATHS [sections 10 & 16] 1. Ship in which death occurred or in which the deceased was employed (a) name of ship; and (b) wherever it is registered, its port of registry and official number. 2. The deceased (a) date of death or loss; (b) (i) if the death took place in the ship or in a ship's boat or if the deceased was lost from the ship or a ship's boat, the place of death or, if at sea, the position of the ship or ship's boat by latitude and longitude at the time of the death or loss (as the case may require); and (ii) in any other case, the place of death;(c) name and surname; (d) sex; (e) date of birth (if known) or age; (f) (if known) maiden surname of woman who has been married (being the name under which she contracted her marriage or, where she has been married more than once, her first marriage); (g) occupation, rank or profession; (h) usual residence at time of death or loss; and (i) nationality. 3. Coroner's certificate Certification by the coroner that- (a) an inquest was held; or (b) an autopsy was performed or a preliminary investigation was held; and (c) the cause of death. Cap 478F Sched 5 RECORD OF BIRTHS [sections 12(a) & 16] No. Name of ship, official no and port of registry (1) Date and place of birth (2) Name of child (3) Sex (4) Name, surname, usual residence and nationality of father (5) Name, surname, maiden surname, usual residence and nationality of mother (6) Name, description and home address of informant (7) When regist- ered (8) Signature of Super- intendent (9) Baptismal or given name if added after registra- tion of birth (10) Cap 478F Sched 6 RECORD OF DEATHS [sections 12(b) & 16] No. Name of ship, official no. and port of registry (1) Date and place of birth (2) Name, surname and usual residence at time of death (3) Sex (4) Age (5) Profession or occupation, rank or title (if any) and nationality (6) Cause of death (7) Name, description and home address of informant (8) When registered (9) Signature of Super- intendent (10) Cap 478F Sched 7 RECORD OF MISSING PERSONS [sections 12(c) & 16] No. Name of ship, official no. and port of registry (1) Name, surname and usual residence of missing person (2) Sex (3) Age (4) Profession or occupation, rank or title (if any) and nationality (5) Date and place of loss and grounds for presumption of death (6) Name, description and home address of informant (7) When regist- ered (8) Signature of Super- intendent (9)
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