An Ordinance to provide for the registration of ships in Hong Kong and for related matters. (Enacted 1990) [3 December 1990] L.N. 366 of 1990 (Originally 74 of 1990) Cap 415 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Merchant Shipping (Registration) Ordinance. (2) (Omitted as spent) (Enacted 1990) Cap 415 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "authorized surveyor" (特许验船师) means a surveyor appointed by a Certifying Authority referred to in section 13 for the purposes of the tonnage regulations; "builder's certificate" (建造证明书), in relation to a ship, means a certificate signed by the builder of the ship and containing a true account of- (a) the proper denomination and tonnage of the ship, as estimated by him; (b) the date when and place where the ship was built; and (c) the name of the person on whose account the ship was built;"certificate of deletion" (终止注册证明书) means a certificate of deletion issued under section 65; "certificate of provisional registry" (临时注册证明书) means a certificate of provisional registry granted under section 30 and a new certificate of provisional registry granted under section 35; "certificate of registry" (注册证明书) means a certificate of registry granted under section 24, 77 or 98 and a new certificate of registry granted section 35 or 83; "certificate of survey" (验船证明书) means a certificate granted by an authorized surveyor under section 14; "certificate or declaration of marking" (标记证明书或声明书), in relation to a ship, means- (a) a certificate signed by an authorized surveyor; or (b) a declaration made in Hong Kong by one or more of the owners or by the demise charterer of the ship,certifying or declaring, as the case may be, that the ship's name and port of registry have been marked as directed by the Registrar;"commencement date" (生效日期) means the date appointed by the Governor under section 1(2) for the coming into operation of this Ordinance; "demise charter" (转管租约) means a charter party by which a ship is chartered or let by demise and under which the demise charterer has the possession of the ship and has control of all matters relating to the navigation and operation of the ship including employment of the master and crew; (Amended 9 of 2001 s. 2) "demise charterer" (转管租约承租人) means the charterer of a ship under a demise charter, and in relation to a registered or provisionally registered ship means a person registered as demise charterer under this Ordinance; "Director" (处长) means the Director of Marine; "foreign certificate of deletion" (外地终止注册证明书), in relation to a ship, means a certificate or other document issued by the relevant authority of a place outside Hong Kong and certifying or stating, as the case may be, to the effect that the ship has been deleted from the register of ships in that place; "Government" (政府) means the Government of Hong Kong; "identity card" (身分证), in relation to any person, means an identity card issued to that person under the Registration of Persons Ordinance (Cap 177); "instructions" (指示) means administrative instructions issued by the Director under section 5; "lodged" (送交) means delivered to and accepted by the Registrar in accordance with this Ordinance; "master" (船长) includes every person (except a pilot) having command or charge of any ship; "owner" (船东), in relation to a registered or provisionally registered ship, means a person registered as owner under this Ordinance; "provisionally registered" (临时注册), in relation to a ship, means provisionally registered under section 28; "qualified person" (合资格的人) has the meaning assigned to it by section 11(4); "register" (注册纪录册) means the register of ships kept under section 7; "registered" (注册), in relation to a ship, means registered under this Ordinance; "registrable" (可注册), in relation to a ship, means able to be registered under this Ordinance; "the Registrar" (注册官) means any person appointed as a Registrar of Ships under section 4(1) and, where the term is used in connection with a power or function for the time being exercised by the Director pursuant to section 4(3), includes the Director; "representative person" (代表人), in relation to a ship, means the representative person for the time being appointed in relation to the ship under section 68; "ship" (船舶) means, subject to section 3, every description of vessel capable of navigating in water not propelled by oars, and includes any ship, boat or craft and an air-cushion vehicle or similar craft used wholly or partly in navigation in water; "sub-demise charter" (再转管租约) means a sub-charter party by which a ship is sub-chartered or sublet by demise by the demise charterer and under which the sub-demise charterer has the possession of the ship and has control of all matters relating to the navigation and operation of the ship including employment of the master and the crew; (Added 9 of 2001 s. 2) "tonnage regulations" (吨位规例) means regulations as to the tonnage of ships made under section 13. (2) Where in relation to a ship or to any matter connected with a ship any provision of this Ordinance- (a) imposes a duty or liability on either of the owner or demise charterer of the ship; or (b) provides for the service of notice on either of the owner or demise charterer of the ship,the provision shall be construed as imposing the duty or liability or providing for the service of notice- (i) in the case of a ship registered or to be registered by virtue of section 11(1)(a), on the owner; or (ii) in the case of a ship registered or to be registered by virtue of section 11(1)(b), on the demise charterer,but nothing in this subsection shall prejudice or affect the operation of that provision in so far as it imposes the duty or liability, or provides for the service of notice, as the case may be, on any person other than the owner or demise charterer. (Enacted 1990) Cap 415 s 3 Application of Ordinance to certain structures, etc. The Director may by notice published in the Gazette provide that a thing designed or adapted for use at sea and described in the notice is or is not to be treated as a ship for the purpose of any provision of this Ordinance specified in the notice, and any such notice may- (a) make different provision in relation to different occasions; and (b) if it provides that a thing is to be treated as a ship for the purpose of a provision specified in the notice, provide that the provision shall have effect in relation to the craft with such modifications as are so specified. (Enacted 1990) Cap 415 s 4 Registrar of Ships PART II ADMINISTRATION (1) The Director shall in writing appoint one or more public officers to be Registrars of Ships. (2) The Registrar shall have such powers, functions and duties as are conferred or imposed upon him by this Ordinance or any other law. (3) Without prejudice to subsection (2), the Director shall have and may exercise the powers and functions of the Registrar referred to in that subsection. (Enacted 1990) Cap 415 s 5 Instructions (1) The Director may issue to the Registrar and to other public officers such administrative instructions not inconsistent with this Ordinance as may appear to him to be necessary or expedient for the better carrying out of the provisions of this Ordinance. (2) The Director shall publish such instructions in such manner as he sees fit. (3) Where in this Ordinance there is reference to a specified form or manner- (a) that form or manner may be specified by the Director in instructions; and (b) if the instructions so provide, deviations from the specified form or manner not affecting the substance thereof shall not invalidate that form or manner.(4) The Registrar and any other public officer shall comply with any instructions issued to him. (Enacted 1990) Cap 415 s 6 Protection of public officers Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) No public officer shall be personally liable for any damage, injury or loss suffered or incurred by any person as a result of any act done or omission made by the public officer in good faith in the exercise or performance or purported exercise or performance of any power, function or duty under this Ordinance. (2) The protection conferred on public officers by subsection (1) in respect of any act or omission shall not in any way affect any liability of the Government in tort for that act or omission. (Amended 64 of 1999 s. 3) (Enacted 1990) Cap 415 s 7 Register of ships PART III THE REGISTER (1) The Registrar shall keep a register of ships registered or provisionally registered under this Ordinance. (2) The register shall contain such particulars in respect of ships, owners and their respective interests in ships, demise charterers, mortgagees and representative persons as are prescribed. (3) The register may be kept in legible or non-legible form but if kept in non-legible form any entry in the register shall be capable of being reproduced in legible form. (Enacted 1990) Cap 415 s 8 Inspection, etc. of register Any person may, on payment of the prescribed fee- (a) inspect the register in legible form; (b) require to be furnished with a copy of, or extract from, any entry in the register in legible form; or (c) require such copy or extract to be certified as a true copy by or on behalf of the Registrar. (Enacted 1990) Cap 415 s 9 Rectification of register Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where it appears to any person interested that there is a material error in the register, he may apply in writing to the Director for rectification of the register. (2) Upon receipt of an application under subsection (1) the Director may, if in his opinion there is a material error in the register- (a) direct the Registrar to rectify the register; or (b) subject to subsection (3), require the applicant to apply to the Court of First Instance for rectification of the register. (Amended 25 of 1998 s. 2)(3) Subsection (2)(b) shall not apply in any case where, in the opinion of the Director, the material error is due to the negligence or wilful act or omission of the Registrar. (4) Notice of an application to the Court of First Instance under this section for rectification shall be served by the applicant on the Director and the Director may appear and be heard in the proceedings. (Amended 25 of 1998 s. 2) (5) The Court of First Instance may, in proceedings under this section- (Amended 25 of 1998 s. 2) (a) make such order as it thinks fit concerning the rectification of the register; and (b) decide any question that it is necessary or expedient to decide concerning such rectification.(6) A copy of an order under subsection (5) shall be served on the Director and the Registrar. (7) The Registrar shall- (a) comply with any direction to rectify the register under subsection (2)(a); (b) upon receipt of the copy of an order served under subsection (6), and if the order so requires, rectify the register accordingly.(8) For the purposes of this section- (a) there is a material error in the register if there is an error of fact or substance in the register; (b) without limiting the generality of paragraph (a), there is a material error in the register if- (i) an entry is omitted from the register; (ii) an entry is made in the register without sufficient cause; (iii) an entry wrongly exists in the register; or (iv) there is an error or defect in an entry in the register; and(c) the reference in paragraph (b)(i) to an entry omitted from the register shall be read as including a reference to a matter that is required or permitted by this Ordinance to be entered, or to remain, in the register but is not entered in, or is removed from, the register.(9) The jurisdiction of the Court of First Instance under this section may be exercised by the Registrar of the High Court or a Master thereof. (Amended 25 of 1998 s. 2) Cap 415 s 10 Correction of clerical errors in register The Registrar may correct, or cause to be corrected, any clerical error or obvious mistake in the register. (Enacted 1990) Cap 415 s 11 Registrable ships PART IV REGISTRATION OF SHIPS Registrable ships and interests (1) Subject to this Ordinance, a ship is registrable if- (a) a majority interest in the ship is owned by one or more qualified persons; or (b) the ship is operated under a demise charter by a body corporate being a qualified person (whether or not a majority interest in the ship is owned by one or more qualified persons),and a representative person is appointed in relation to the ship. (2) A registered ship ceases to be registrable if- (a) being a ship registered by virtue of subsection (1)(a), a majority interest in the ship ceases to be owned by one or more qualified persons; (b) being a ship registered by virtue of subsection (1)(b)- (i) the ship ceases to be operated under a demise charter by a body corporate being a qualified person (whether by reason of the termination of the demise charter or otherwise); (ii) the ship or any share in or part of the ship is transferred or transmitted; or (iii) the rights of the demise charterer under the demise charter are assigned under a sub-demise charter; (Amended 9 of 2001 s. 3)(c) the ship is taken in war or hostilities, as a result of which the owner or demise charterer has lost control over the operation of the ship; (d) the ship is broken up, or is an actual or constructive total loss such that it is no longer capable of being used in navigation; (e) the ship at the time of registration remains registered in a place outside Hong Kong; (f) the ship subsequently becomes registered in a place outside Hong Kong; or (g) a representative person ceases to be appointed in relation to the ship.(3) For the purposes of this section, one or more persons shall be treated as owning a majority interest in a ship if there is vested in that person or in those persons, taken together, the legal title to more than one half of the shares or parts into which the property in the ship is divided for the purposes of registration, there being left out of account for this purpose any share or part which is jointly owned by a person other than a qualified person. (4) The following are qualified persons for the purposes of this section- (a) an individual who holds a valid identity card and who is ordinarily resident in Hong Kong; (b) a body corporate incorporated in Hong Kong; and (c) an oversea company registered under Part XI of the Companies Ordinance (Cap 32).(5) Nothing in this section shall derogate from or affect the provisions of Part IX or XI. (Enacted 1990) Cap 415 s 12 Registration of property in ships For the purposes of registration of a ship- (a) the interest in a ship may be divided into any number of shares or parts and any number of persons may be registered as owners of the ship or of a share in or part of the ship; (b) any number of persons may be registered as joint owners of a ship or of any share in or part of the ship, but any such joint owner is not entitled to dispose of his interest in severalty; and (c) a body corporate shall be registered as owner by its corporate name. (Enacted 1990) Cap 415 s 13 Tonnage regulations Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 Measurement and identification of ships (1) The Chief Executive in Council may make regulations- (Amended 64 of 1999 s. 3) (a) providing for persons or bodies to be, or to be authorized by the Director to be, Certifying Authorities for the purposes of the regulations; (b) providing for the measurement and survey of ships for the purpose of ascertaining tonnage to be undertaken, in such circumstances as may be specified in the regulations, by or on behalf of a Certifying Authority; (c) providing for the issue by Certifying Authorities of certificates of register tonnage or net tonnage of any ship or of the tonnage which is to be taken for any purpose specified in the regulations as the tonnage of a ship not registered in Hong Kong and for the cancellation and delivery up of such certificates in such circumstances as may be prescribed by the regulations; (d) providing for assigning to a ship, either instead of or as an alternative to the tonnage ascertained in accordance with the other provisions of the regulations, a lower tonnage applicable where the ship is not loaded to the full depth to which it can be safely loaded, and for indicating on the ship, by such mark as may be specified in the regulations, that such a lower tonnage has been assigned to it and, where it has been assigned to it as an alternative, the depth to which the ship may be loaded for the lower tonnage to be applicable; (e) providing for the alteration of the particulars relating to the register tonnage or net tonnage of a ship; (f) prohibiting or restricting the carriage of goods or stores in spaces not included in the register tonnage or net tonnage of a ship; (g) making different provision for different descriptions of ships or for the same description of ships in different circumstances; (h) making any provision of the regulations dependent on compliance with such conditions, to be evidenced in such manner, as may be specified in the regulations; (i) providing for the payment of fees to Certifying Authorities; (j) providing that where any provision of the regulations is contravened, the owner or master, or each of them, commits an offence and is liable to a fine of $5000.(2) When the tonnage of any ship has been ascertained and registered in accordance with the tonnage regulations it shall thenceforth be deemed to be the tonnage of the ship, and shall be repeated in every subsequent registration thereof, unless any alteration is made in the form or capacity of the ship, or unless it is discovered that the tonnage has been erroneously computed; and in either of those cases the ship shall be remeasured, and its tonnage determined and registered according to the tonnage regulations. (Enacted 1990) Cap 415 s 14 Tonnage and description of ships (1) Where a ship is to be registered- (a) an authorized surveyor shall- (i) ascertain the ship's tonnage in accordance with the tonnage regulations; and (ii) grant a certificate, in the specified form, specifying the ship's tonnage and build, and such other particulars descriptive of the identity of the ship as may for the time being be required by the Director; and(b) the owner or demise charterer of the ship shall cause the certificate to be delivered to the Registrar before the ship is registered.(2) Subsection (1) shall not apply in relation to a ship which is to be provisionally registered. (Enacted 1990) Cap 415 s 15 Tonnage of ships registered, etc. outside Hong Kong Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Chief Executive in Council may, where it appears to him that legislation to the same effect as the tonnage regulations is in force in any country, order that ships of that country shall, without being remeasured in Hong Kong, be deemed to be of the tonnage denoted in their respective certificates of registry or other national papers, in the same manner, to the same extent, and for the same purposes as the tonnage denoted in the certificate of registry of a ship registered under this Ordinance is deemed to be the tonnage of that ship. (2) An order under subsection (1) shall be subject to such conditions and qualifications as may be specified in the order. (3) The Chief Executive in Council may, where it appears to him that the tonnage of a ship of any country, as measured by the rules of that country, materially differs from its tonnage as measured under the tonnage regulations, order that, notwithstanding any order in force under subsection (1), any of the ships of that country may, for all or any purposes of this Ordinance, be remeasured in accordance with the tonnage regulations. (Enacted 1990. Amended 64 of 1999 s. 3) Cap 415 s 16 Ship names regulations Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Chief Executive in Council may make regulations- (Amended 64 of 1999 s. 3) (a) requiring the name by which it is proposed to register a ship to be approved by the Registrar before the name is marked on the ship or entered in the register; (b) empowering the Registrar to reserve a name for a ship; (c) empowering the Registrar to refuse to register any ship by the name by which it is proposed to register that ship if the name- (i) is already the name of a registered ship or is reserved, or is in the opinion of the Registrar so similar as to be likely to deceive; or (ii) is in the opinion of the Registrar undesirable for the purposes of registration in Hong Kong.(2) If, in the case of any ship which it is proposed to register- (a) the Registrar refuses to register the ship by the name by which it is proposed to register the ship; or (b) any requirements of the regulations are not complied with,the Registrar shall not register that ship under the name proposed or until the regulations are complied with, as the case may be. (3) (a) A ship shall have a name which may be either in English alphabetic characters or in Chinese characters and which may include numerals: Provided that where the name is in Chinese characters, the phonetically corresponding name in the English alphabet shall also be shown. (b) If a ship has a name in both English and Chinese characters, each shall be a separate name for the purposes of this section and section 17. (Replaced 64 of 1999 s. 3) (Enacted 1990) Cap 415 s 17 Rules as to ship names (1) A person shall not describe a registered ship by any name other than that by which the ship is for the time being registered. (2) The owner or demise charterer of a registered ship shall not change the name of the ship, or cause or permit any such change, without the previous written permission of the Registrar. (3) An application for permission of the Registrar under subsection (2) shall be in writing, and if the Registrar is of the opinion that the application is reasonable he may entertain it. (4) Upon the grant of permission to change the name- (a) the Registrar shall enter the ship's new name in the register; and (b) subject to section 18(2), the owner or demise charterer shall cause the new name to be marked on the ship's bows and stern.(5) The Registrar shall, if it is shown to his satisfaction that the name of a ship has been changed without his permission, direct that the ship's name be altered into the name which it bore before the change, and upon such direction but subject to section 18(2), the owner or demise charterer shall cause that name to be marked on its bows and stern. (6) A person who contravenes subsection (1) commits an offence and is liable to a fine of $5000. (7) An owner or demise charterer who contravenes subsection (2), (4)(b) or (5) commits an offence and is liable to a fine of $5000. (8) The Director may, where there is a contravention of, or failure to comply with any requirement or direction under, this section in respect of a ship, detain the ship until the contravention ceases or the requirement or direction is complied with, as the case may be. (Enacted 1990) Cap 415 s 18 Marking of ship (1) Every ship shall, before it is registered, be marked permanently and conspicuously to the satisfaction of the Registrar as follows- (a) the ship's name shall be marked on each of its bows, and its name and the name of its port of registry shall be marked on its stern, on a dark ground in white or yellow letters and (if appropriate) Chinese characters, or on a light ground in black letters and (if appropriate) Chinese characters, such letters and (if appropriate) Chinese characters to be of a length not less than one decimetre, and of proportionate breadth; (Amended 64 of 1999 s. 3) (b) in the case of a ship registered before 1 January 1974 a scale of feet denoting the ship's draught of water shall be marked on each side of its stem and of its stern post in Roman capital letters or in figures, not less than 6 inches in length, the lower line of such letters or figures to coincide with the draught line denoted thereby, and the letters or figures must be marked by being cut in and painted white or yellow on a dark ground, or in such other way as the Director may approve; (c) in the case of a ship registered on or after 1 January 1974, a scale of decimetres, or of metres and decimetres, denoting a draught of water shall be marked on each side of its stem and of its stern post- (i) in figures at two-decimetre intervals, if the scale is in decimetres; and (ii) in figures at each metre interval and at intervening two-decimetre intervals, if the scale is in metres and decimetres, the capital letter "M" being placed after each metre figure; the top figure of the scale showing both the metre and (except where it marks a full metre interval) the decimetre figure; the lower line of the figures, or figures and letters (as the case may be), coinciding with the draught line denoted thereby; the figures and letters being not less than one decimetre in length and being marked by being cut in and painted white or yellow on a dark ground, or in such other way as the Director may approve;(d) in the case of a ship registered on or after 1 January 1974 but before 31 December 1974 a scale shall be marked either in accordance with paragraph (b) or (c).(2) The Registrar may exempt any class of ships from all or any of the requirements of this section. (3) If the scale showing the ship's draught of water is in any respect inaccurate, so as to be likely to mislead, the owner or demise charterer of the ship commits an offence and is liable to a fine of $5000. (4) The marks required by this section shall be permanently maintained, and no alteration shall be made to them except where any of the particulars denoted by the marks are altered in the manner provided by this Ordinance. (5) An owner, demise charterer or master of a registered ship who fails to maintain the ship marked as required by this section commits an offence and is liable to a fine of $5000. (6) A person who, otherwise than as provided by or under this section- (a) conceals, removes, alters, defaces or obliterates; or (b) suffers any person under his control to conceal, remove, alter, deface or obliterate,any marking required by this section to be maintained, commits an offence and is liable to a fine of $5000. (7) The Director may, upon receipt of a certificate from an authorized surveyor specifying that a ship is insufficiently or inaccurately marked, detain the ship until the insufficiency or inaccuracy has been remedied. (Enacted 1990) Cap 415 s 19 Application for registration Registration procedures (1) Subject to subsection (2), an application for registration of a ship shall be made by the person or persons applying to be registered as owner, as follows- (a) in the case of one or more individuals, by that or those persons, as the case may be, or by an individual or individuals appointed to act on his or their behalf; (b) in the case of one or more bodies corporate, by an individual or individuals authorized to act on its or their behalf.(2) An application for registration of a ship which is to be registered by virtue of section 11(1)(b) shall be made by both the demise charterer and the owner in the manner provided by subsection (1). (3) Where an application is made by a person on behalf of an owner or demise charterer, the authority of that person shall be testified by writing- (a) if appointed by one or more individuals, under the hand and seal of the person or persons so appointing him; (b) if authorized by a body corporate possessing a common seal, under the seal of the body corporate; or (c) if authorized by a body corporate not possessing a common seal, under the hand and seal of a person purporting to be authorized by the body corporate to make declarations on its behalf under section 84.(4) An application made by a person authorized by a body corporate not possessing a common seal shall include a declaration by that person that the body concerned does not possess a common seal. (5) An application shall be in the specified form and shall include, in addition to the declaration referred to in subsection (4) (if required)- (a) the consent, in writing, of the representative person appointed in relation to the ship, to his appointment; (b) in the case of a ship which is to be registered by virtue of section 11(1)(b)- (i) the consent, in writing, of the owner to the ship's registration in Hong Kong; and (ii) a declaration by both the owner and demise charterer- (A) that the demise charterer is a qualified person; (B) that the demise charterer will under the demise charter have possession of the ship and control of all matters relating to the navigation and operation of the ship including employment of the master and crew; and (Amended 9 of 2001 s. 4) (C) that the ship will not be registered elsewhere for so long as it is registered in Hong Kong.(6) An application shall be accompanied by declarations made under section 20(1) or (2), as the case may be. (Enacted 1990) Cap 415 s 20 Declarations by and on behalf of owners and demise charterers (1) A person shall not be entitled to be registered as an owner of a ship which is to be registered by virtue of section 11(1)(a), or of a share in or part of such a ship until he, or in the case of a body corporate the person authorized under section 84 to make declarations on behalf of the body corporate, has made and signed a declaration of entitlement to own a ship registered in Hong Kong, in the specified form, which shall include the following- (a) in the case of a body corporate, a statement that the declarant is authorized to make the declaration on behalf of the body corporate; (b) in the case of an individual purporting to be a qualified person, a statement that he holds a valid identity card and is ordinarily resident in Hong Kong; (c) in the case of a body corporate purporting to be a qualified person, a statement of the circumstances of incorporation in Hong Kong, or of registration under Part XI of the Companies Ordinance (Cap 32), as the case may be; (d) in the case of a body corporate other than a qualified person, a statement of the circumstances of incorporation or registration of the body corporate; (e) a statement of the number of shares in, or the fraction or percentage of, the ship in respect of which the legal title will be vested in the declarant; (f) a statement that to the best of the declarant's knowledge and belief a majority interest in the ship will upon registration be owned by one or more qualified persons; (g) a statement that the general description of the ship contained in the application is correct; (h) a statement that the ship is not registered in any place outside Hong Kong or, if it is so registered, that the declarant will secure deletion of the ship from the register in every such place; (i) in the case of a person other than a qualified person, a statement that the declarant consents to the ship being registered in Hong Kong.(2) A body corporate shall not be entitled to be registered as the demise charterer of a ship which is to be registered by virtue of section 11(1)(b), until the person authorized under section 84 to make declarations on behalf of the body corporate has made and signed a declaration which shall include the following- (a) a statement that the declarant is authorized to make the declaration on behalf of the body corporate; (b) a statement of the circumstances of incorporation of the body corporate in Hong Kong, or of registration under Part XI of the Companies Ordinance (Cap 32), as the case may be; (c) a statement that the body corporate has entered into a demise charter-party in respect of the ship with the owner of the ship; (d) a statement that pursuant to the terms of the demise charter-party the body corporate is able to register the ship in its name as the demise charterer; (e) a statement that the general description of the ship contained in the application is correct; (f) a statement that the ship is not registered in any place outside Hong Kong or, if it is so registered, that the declarant will secure deletion of the ship from the register in every such place; (g) a statement that a true, correct and complete copy of the demise charter-party is attached to the declaration; and (h) a statement that the consent of the owner of the ship to registration of the ship in Hong Kong is attached to the declaration. (Enacted 1990) Cap 415 s 21 Evidence on first registration (1) On the first registration of a ship which is to be registered by virtue of section 11(1)(a), the following evidence shall be produced to the Registrar in addition to each declaration under section 20(1)- (a) in relation to the ship- (i) a builder's certificate, bill of sale in favour of the owner or court order vesting title to the ship in the owner; (ii) evidence, to the satisfaction of the Registrar, of deletion of the ship from the registry of the place outside Hong Kong where the ship was last registered (if any) or, if the ship was last registered concurrently in more than one such place, from the registry of each such place; (iii) the certificate of survey; and (iv) the certificate or declaration of marking of the ship;(b) in relation to each qualified person applying to be registered as owner, a valid identity card, certificate of incorporation in Hong Kong or certificate of registration under Part XI of the Companies Ordinance (Cap 32), as the case may be, issued in respect of that person; and (c) such other documents or information as may be specified in instructions or as the Registrar may reasonably require.(2) Notwithstanding anything in subsection (1)(b), that provision shall, in so far as it requires the production of a valid identity card issued in respect of any person, be deemed to be complied with if there is produced to the Registrar- (a) a photostatic copy of the identity card; and (b) a declaration by the person in respect of whom the identity card was issued that it is a true copy of such identity card and that the identity card is valid.(3) On the first registration of a ship which is to be registered by virtue of section 11(1)(b), the following evidence shall be produced to the Registrar in addition to the declaration under section 20(2)- (a) in relation to the ship- (i) a builder's certificate, bill of sale in favour of the owner or court order vesting title to the ship in the owner; (ii) evidence, to the satisfaction of the Registrar, of deletion of the ship from the registry of the place outside Hong Kong where the ship was last registered (if any) or, if the ship was last registered concurrently in more than one such place, from the registry of each such place; (iii) the certificate of survey; and (iv) the certificate or declaration of marking of the ship;(b) in relation to each owner which is a body corporate, evidence, to the satisfaction of the Registrar, of the incorporation or registration of the body corporate; (c) in relation to a body corporate (being a qualified person) applying to be registered as a demise charterer, a certificate of incorporation in Hong Kong or certificate of registration under Part XI of the Companies Ordinance (Cap 32), as the case may be, issued in respect of that body corporate; and (d) such other documents or information as may be specified in instructions or as the Registrar may reasonably require.(4) The Director may specify in instructions or may otherwise require such documents or information as may enable the Registrar to be satisfied- (a) as to the deletion of a ship from any registry for the purposes of subsection (1)(a)(ii) or (3)(a)(ii); or (b) as to the incorporation or registration of an owner under subsection (3)(b). (Enacted 1990) Cap 415 s 22 Refusal of registration (1) If for any reason it appears to the Registrar that a ship in respect of which an application for registration has been made may not be registrable, he may by notice served on the applicant or the representative person appointed in relation to the ship require that person to furnish him with such information as he thinks necessary for the purpose of determining whether the ship is registrable. (2) Where the Registrar has served a notice under subsection (1) in respect of a ship, he may refuse to register the ship unless within the period of 30 days commencing on the date of service of the notice, he has become satisfied that the ship is registrable. (3) Notwithstanding that a ship in respect of which an application for registration has been made is registrable, the Director may direct the Registrar not to register the ship if he is satisfied that, having regard- (a) to the condition of the ship so far as relevant to its safety or to any risk of pollution; or (b) to the safety, health and welfare of persons employed or engaged in any capacity on board the ship,it would be inappropriate for the ship to be registered. (4) The Director may, if he is satisfied in respect of any ship or any class or type of ship that, having regard- (a) to the use, nature or condition of that ship or of that class or type of ship; and (b) to the difficulty of providing adequate supervision and control of that ship or that class or type of ship in Hong Kong,it would be inappropriate to register that ship or ships of that class or type, direct the Registrar not to register that ship or ships of that class or type, notwithstanding that any such ship is registrable. (5) The Director shall from time to time publish, in such manner as he thinks fit, any direction given under subsection (4) where it relates to a class or type of ship. (Enacted 1990) Cap 415 s 23 Entry of particulars in the register When the requirements of this Ordinance preliminary to registration have been complied with in relation to a ship the Registrar shall enter in the register the following particulars relating to the ship- (a) the name of the ship; (b) such of the details specified in the certificate of survey as the Registrar considers essential for the purposes of registration; (c) the particulars of the ship's origin as stated in the application for registration; (d) the name, address and description of each owner including, where applicable, each owner other than a qualified person, and a statement of the number of shares in or parts of the ship owned by each and the total interest in the ship; (e) where the ship is to be registered by virtue of section 11(1)(b)- (i) the name, address and description of the demise charterer; and (ii) the period of the demise charter as specified in the charter-party; and(f) the name and address of the representative person. (Enacted 1990) Cap 415 s 24 Certificate of registry Upon the registration of a ship, the Registrar shall grant a certificate of registry, in the specified form, containing the particulars relating to the ship entered in the register pursuant to section 23. (Enacted 1990) Cap 415 s 25 Retention of documents Upon the registration of a ship, the Registrar shall retain in his possession the following documents in respect of the ship- (a) the application for registration; (b) the certificate of survey; (c) the certificate or declaration of marking of the ship; (d) the declarations made under section 20(1) or (2), as the case may be; (e) (Repealed 9 of 2001 s. 5) (f) any foreign certificate of deletion delivered to the Registrar whether pursuant to section 58 or otherwise; (g) the copy of the condemnation (if any); and (h) such other documents as are specified in instructions or as the Registrar may reasonably require. (Enacted 1990) Cap 415 s 26 Port of registry The port of registry of every registered ship shall be Hong Kong. (Enacted 1990) Cap 415 s 27 Application for provisional registration Provisional registration (1) An application for provisional registration of a ship- (a) shall be made in the specified form by the person or persons applying to be provisionally registered as owner and (as the case may be) by the demise charterer, in the manner provided in respect of an application for registration under section 19; (b) shall include the declarations and consents referred to in that section; and (c) shall be accompanied by declarations made under section 20(1) or (2), as the case may be.(2) Subject to subsection (2A), the following evidence shall be produced to the Registrar in addition to the application and the documents referred to in subsection (1)- (Amended 9 of 2001 s. 6) (a) the documents and information specified in section 21(1)(a)(i), (ii) and (iv), (b) and (c), or (3)(a)(i), (ii) and (iv), (b), (c) and (d), as the case may be; (b) a duly certified copy of the ship's current tonnage certificate; and (c) such other documents or information as may be specified in instructions or as the Registrar may reasonably require.(2A) A copy of the builder's certificate or the bill of sale specified in section 21(1)(a)(i) and (3)(a)(i) may be produced in substitution for their originals as required under subsection (2)(a). (Added 9 of 2001 s. 6) (3) In subsection (2) "current tonnage certificate" (当时的吨位证明书) means a certificate or other document issued by the relevant authority of a place outside Hong Kong where the ship was previously registered- (a) certifying or stating, as the case may be, the tonnage measurement of the ship; and (b) in force at the time of its production.(4) Notwithstanding anything in subsection (2)(a), that provision shall, in so far as it requires the production of a valid identity card issued in respect of any person, be deemed to be complied with if there is produced to the Registrar- (a) a photostatic copy of the identity card; and (b) a declaration by the person in respect of whom the identity card was issued that it is a true copy of such identity card and that the identity card is valid.(5) An application under subsection (1) shall be further accompanied by a statement by the applicant of the port in which and the approximate time at which the ship will be surveyed for the purposes of registration under section 23. (Enacted 1990) Cap 415 s 28 Entry of particulars in the register on provisional registration (1) Subject to subsection (2), where the requirements of this Ordinance preliminary to provisional registration have been complied with in relation to a ship the Registrar shall enter in the register the following particulars relating to the ship- (a) the particulars referred to in section 23(a), (c), (d), (e) and (f); (b) such of the details specified in the ship's current tonnage certificate referred to in section 27(2) as the Registrar considers essential for the purposes of registration; and (c) the date of expiry of the period of provisional registration referred to in section 29(1)(b).(2) The Registrar shall not enter in the register particulars relating to a ship under subsection (1) unless an application for registration of the ship has been made under section 19 and the application has at the time of entering such particulars yet to be determined. (Enacted 1990) Cap 415 s 29 Period of provisional registration Expanded Cross Reference: 54,55,56,57,58,59,60,61,62,63 (1) Without prejudice to the provisions of sections 54 to 63, the provisional registration of a ship shall be deemed to be closed upon- <* Note - Exp. X-Ref.: Sections 54, 55, 56, 57, 58, 59, 60, 61, 62, 63 *> (a) the registration of the ship under section 23; or (b) the expiry of a period of 1 month commencing on the date of provisional registration,whichever first occurs. (2) The Registrar may, upon application made by the owner or demise charterer of a ship while the ship is provisionally registered, extend the period of provisional registration referred to in subsection (1)(b) by one or more further periods of 1 month but he shall not extend the period- (a) by more than 1 month on any one application; or (b) in any case, unless there are special circumstances which justify the extension.(3) Where the Registrar extends the period of provisional registration of a ship under subsection (2)- (a) he shall make an entry in the register accordingly; and (b) subsection (1) shall for the purposes of this section have effect in relation to the ship as if the reference to the period of 1 month in that subsection were a reference to the period as extended under subsection (2).(4) Where the provisional registration of a ship is deemed to be closed under subsection (1), section 67 shall apply as respects any undischarged registered mortgage of the ship. (Enacted 1990. Amended 9 of 2001 s. 7) Cap 415 s 30 Certificate of provisional registration (1) Upon the provisional registration of a ship under section 28, the Registrar shall grant a certificate of provisional registry, in the specified form, containing- (a) the particulars relating to the ship entered in the register pursuant to that section; and (b) the date of expiry of the period of provisional registration referred to in section 29(1).(2) A certificate of provisional registry in respect of a ship shall remain in force until- (a) the grant of a certificate of registry in respect of the ship under section 24; or (b) the expiry of the period of provisional registration referred to in section 29(1),whichever first occurs. (3) Where the period of provisional registration referred to in section 29(1) is extended under section 29(2), the Registrar shall grant a further certificate of provisional registry in respect of the extended period. (4) Upon the grant of a certificate of registry or further certificate of provisional registry in respect of a ship, the owner, demise charterer or master of the ship shall deliver the ship's certificate of provisional registry or previous certificate of provisional registry, as the case may be, or cause such certificate to be delivered, to the Registrar- (a) forthwith, if the ship is in Hong Kong; or (b) if the ship is not in Hong Kong, as soon as practicable and in any case within a period of 30 days after the grant of the certificate of registry or further certificate of provisional registry, as the case may be.(5) An owner, demise charterer or master who, without reasonable excuse, fails to comply with subsection (4) commits an offence and is liable to a fine of $5000. (6) Nothing in subsection (4) shall derogate from or affect the application of section 66 to a certificate of provisional registry. (Enacted 1990) Cap 415 s 31 Retention of documents on provisional registration Upon the provisional registration of a ship under section 28, the Registrar shall retain in his possession the following documents in respect of the ship- (a) the application for provisional registration; (b) the certified copy of the current tonnage certificate; (c) the certificate or declaration of marking of the ship; (d) the declarations made under section 20(1) or (2), as the case may be; (e) (Repealed 9 of 2001 s. 8) (f) any foreign certificate of deletion delivered to the Registrar whether pursuant to section 58 or otherwise; (g) the copy of the condemnation (if any); and (h) such other documents as are specified in instructions or as the Registrar may reasonably require. (Enacted 1990) Cap 415 s 32 Application of Ordinance in relation to ships provisionally registered Except as otherwise provided expressly or by necessary implication the provisions of this Ordinance apply to and in relation to provisional registration and ships provisionally registered as they apply to and in relation to registration and to registered ships. (Enacted 1990) Cap 415 s 33 Custody of certificate Use, etc. of certificates and flags (1) No person having possession or control of a certificate of registry of a ship shall- (a) detain such a certificate by reason of a claim by an owner mortgagee, charterer or other person to any title to, lien or charge on, or interest in, the ship; or (b) fail, without reasonable excuse, to deliver the certificate on request to the person entitled to custody of it for the purpose of the lawful navigation of the ship, or to the Registrar or any other person entitled by law to require its delivery.(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (3) If, in any proceedings in respect of an offence against this section in relation to a certificate of registry the court or a magistrate is of the opinion that the certificate is, or should be treated as, lost, the court or magistrate shall make an order to that effect and cause a copy of the order to be served on the Registrar. (Enacted 1990) Cap 415 s 34 Use of improper certificate (1) The master, owner or demise charterer of a ship shall not use, or permit the use of, for the purpose of the navigation of the ship, a certificate of registry not legally granted and in force in respect of the ship. (2) Where subsection (1) is contravened, the master and the owner or demise charterer commit an offence and each is liable to a fine of $50000 and to imprisonment for 1 year. (Enacted 1990) Cap 415 s 35 Replacement of lost, etc. certificate Where a certificate of registry of a ship is mislaid, lost or destroyed, the Registrar shall upon application and upon receipt of a declaration by the master, owner, demise charterer, representative person or other person authorized by the owner or demise charterer, stating, to the best of the declarant's knowledge and belief the facts of the case, grant a new certificate of registry in substitution for the original certificate. (Enacted 1990) Cap 415 s 36 Application of preceding sections to certificate of provisional registry Sections 33, 34 and 35 shall apply in relation to a certificate of provisional registry as they apply in relation to a certificate of registry. (Enacted 1990) Cap 415 s 37 Proper colours (1) The proper colours of a registered ship shall be the flags specified in Schedule 1 flown in the manner specified in that Schedule. (2) A registered ship may at any time, and shall, unless exempted by the Director under subsection (2A), on entering and leaving any port, fly the proper colours. (Amended 11 of 1998 s. 2) (2A) The Director may exempt a registered ship from the requirement to fly the proper colours under subsection (2). (Added 11 of 1998 s. 2) (3) No registered ship shall fly any colours purporting to be or closely resembling the proper colours which are not the proper colours. (4) A ship, not being a registered ship, shall not- (a) except with the permission of the Director, fly the proper colours of a registered ship; or (b) fly any colours which purport to be or closely resemble the proper colours.(5) Where subsection (2), (3) or (4) is contravened the master of the ship concerned commits an offence and is liable- (a) in the case of a contravention of subsection (2), to a fine of $5000; and (b) in the case of a contravention of subsection (3) or (4), to a fine of $10000.(6) Any officer of the Marine Department authorized by the Director for the purpose may- (a) board any ship upon which any colours are flown in contravention of this section; and (b) seize, take away and dispose of any such colours.(7) Any person who hinders or obstructs an officer in the exercise of his powers under subsection (6) commits an offence and is liable to a fine of $10000. (Enacted 1990) Cap 415 s 38 Application and interpretation of Part V PART V TRANSFERS AND TRANSMISSIONS (1) This Part shall not apply to a ship which is registered by virtue of section 11(1)(b). (2) In this Part, unless the context otherwise requires, a reference to a ship includes a reference to a share in or part of a ship. (Enacted 1990) Cap 415 s 39 Transfer of ships (1) For the purposes of registration under this Ordinance, the transfer of a registered ship shall be effected by a bill of sale. (2) The bill of sale shall- (a) contain such of the description of the ship contained in the certificate of survey as is sufficient to identify the ship to the satisfaction of the Registrar; and (b) be executed by the transferor in the presence of, and be attested by, one or more witnesses. (Enacted 1990) Cap 415 s 40 Declaration of transfer (1) Subject to this section, where a registered ship is transferred in accordance with section 39 or 79, the transferee shall not be entitled to be registered as an owner of the ship until he, or in the case of a body corporate the person authorized under section 84 to make declarations on behalf of the body corporate, has made and signed a declaration of transfer in the specified form referring to the ship and containing- (a) a statement of the qualification of the transferee to own a ship registered in Hong Kong, or if the transferee is a body corporate, of such circumstances of the constitution thereof as prove it to be a qualified person; and (b) a statement that, to the best of his knowledge and belief, a majority interest in the ship will upon transfer be owned by one or more qualified persons.(2) In the application of this section to a ship which is not wholly owned by qualified persons, subsection (1)(a) shall have effect only in relation to qualified persons. (3) Subsection (1) shall not apply where the Government is the transferee. (Enacted 1990) Cap 415 s 41 Registration of transfer (1) Upon lodgment of the bill of sale and the declaration of transfer (if required), the Registrar shall enter in the register the name of the transferee as owner of the ship, and shall endorse on the bill of sale- (a) the fact of that entry having been made; and (b) the day and hour of making the entry.(2) Bills of sale shall be entered in the register in the order of their lodgment. (Enacted 1990) Cap 415 s 42 Transmission of ship by operation of law (1) Where the property in a ship is transmitted to any person by any lawful means other than a transfer under section 39 or 79, and a majority interest in the ship remains in the ownership of one or more qualified persons, the person or persons to whom the ship is transmitted shall make and sign a declaration of transmission in the specified form containing- (a) such of the description of the ship contained in the certificate of survey as is sufficient to identify the ship to the satisfaction of the Registrar; (b) the statements referred to in section 40(1)(a) and (b); and (c) a statement of the manner in which and the person or persons to whom the property has been transmitted.(2) The declaration of transmission shall be accompanied by such evidence of the transmission as may be specified in instructions or as the Registrar may reasonably require. (3) Upon lodgment of the declaration of transmission and the evidence required under subsection (2), the Registrar shall enter in the register the name of the person or persons entitled under the transmission as owner of the ship the property in which has been transmitted. (4) Where there is more than one such person referred to in subsection (3), all such persons shall be considered as joint owners of the whole of the property transmitted. (Enacted 1990) Cap 415 s 43 Definitions in Part VI PART VI MORTGAGES (1) In this Part, unless the context otherwise requires- "mortgage" (抵押) means a mortgage registered under this Part; "mortgagee" (抵押权人) means the person whose name appears in the register as the holder of a mortgage; "obligation" (义务) includes any present or future obligation; "ship" (船舶) includes everything on board a ship belonging to the owner. (2) In this Part, unless the context otherwise requires, a reference to a ship includes a reference to a share in or part of a ship. (Enacted 1990) Cap 415 s 44 Mortgage of ship (1) A registered ship may be made security for any obligation by way of a mortgage under this Ordinance. (2) The instrument creating such a mortgage shall- (a) be in the specified form; (b) set out among other things- (i) the name and address of each mortgagor; (ii) the name and address (or, in the case of a body corporate, place of incorporation) of each mortgagee; and(c) be duly executed by or on behalf of each mortgagor in the specified manner.(2A) Where a person produces a copy of a document for provisional registration under section 27(2A), he shall also produce a confirmation by the mortgagee to the Registrar. (Added 9 of 2001 s. 9) (2B) The confirmation mentioned in subsection (2A) shall- (a) be in specified form; (b) set out that the mortgagee- (i) has sighted the original document; and (ii) knows that the original document will not be produced to the Registrar at the time of registration. (Added 9 of 2001 s. 9)(3) Upon lodgment of a mortgage instrument and any consents required pursuant to section 45(2), the Registrar shall enter in the register particulars of the mortgage and shall endorse on the mortgage instrument the date and time of registration. (4) Mortgage instruments shall be registered in the order of their lodgment. (Enacted 1990) Cap 415 s 45 Priority of mortgages, etc. (1) Where 2 or more mortgages are registered in respect of the same ship, priority among the mortgagees shall be in accordance with the order of registration of the mortgages, irrespective of the date upon which they were made or executed, and notwithstanding any express, implied or constructive notice. (2) No mortgage instrument shall be registered except with the prior written consent of all the holders of mortgages then registered against the ship concerned. (3) The priority accorded to a mortgage pursuant to subsection (1) shall, unless the holders of all registered mortgages having priority subsequent to such mortgage otherwise agree in writing, extend only to those obligations expressed to be secured by the mortgage instrument or any instrument referred to in the mortgage instrument. (Enacted 1990) Cap 415 s 46 Mortgagee not treated as owner A mortgage of a registered ship does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the ship except to the extent necessary to make the ship available as a security under the mortgage. (Enacted 1990) Cap 415 s 47 Mortgagee to have power of disposal (1) A mortgagee of a registered ship shall have power absolutely to dispose of the ship and to give effectual receipts in respect of the disposal, but where there are 2 or more mortgages of the same ship, a subsequent mortgagee shall not, except under the order of a court, dispose of the ship without the consent of every prior mortgagee. (2) A mortgagee of a registered ship who intends to dispose of the ship shall not dispose of the ship unless he has first given notice in writing to the Registrar of his intention so to dispose of the ship. (3) Where the Registrar is notified by a mortgagee of the intention of that mortgagee to dispose of a ship, the Registrar shall forthwith inform each subsequent mortgagee of that ship accordingly. (4) The disposal of a ship is not invalidated because of any failure to comply with a requirement of subsection (2) in relation to the disposal. (Enacted 1990) Cap 415 s 48 Transfer of mortgage (1) A mortgage of a registered ship may be transferred to any person by an instrument of transfer which shall- (a) be in the specified form; (b) set out the name and address (or, in the case of a body corporate, place of incorporation) of the transferee; and (c) be duly executed by or on behalf of each mortgagee in the specified manner.(2) Upon lodgment of the instrument of transfer the Registrar shall enter in the register the name of the transferee as the mortgagee of the ship concerned and shall endorse on the instrument of transfer the date and time of such registration. (Enacted 1990) Cap 415 s 49 Transmission of mortgage by operation of law (1) Where the interest of a mortgagee in a mortgage of a registered ship is transmitted to another person by any lawful means other than a transfer under section 48, that person shall make and sign a declaration of transmission, in writing, which shall set out- (a) the name and official number of the ship; (b) the name and address of each person from whom the interest is transmitted; and (c) the name and address (or, in the case of a body corporate, place of incorporation) of the person to whom the interest is transmitted.(2) The declaration of transmission shall be accompanied by such evidence of the transmission as may be specified in instructions. (3) Upon lodgment of the declaration and the evidence required under subsection (2), the Registrar shall enter in the register the name of the person to whom the interest is transmitted as the mortgagee of the ship. (Enacted 1990) Cap 415 s 50 Discharge of mortgage (1) Where a mortgage is discharged, the mortgage instrument with a memorandum of discharge in the specified form endorsed thereon or firmly affixed thereto, duly executed by each mortgagee shall be lodged by the mortgagor or mortgagee with the Registrar. (2) The Registrar shall, upon the lodgment by the mortgagor or mortgagee of the mortgage instrument and memorandum of discharge, make an entry in the register to the effect that the mortgage has been discharged and, on that entry being made, any interest of the mortgagee under the mortgage vests in the mortgagor. (3) Where the mortgage instrument cannot, for any reason, be lodged with the Registrar, there shall be lodged by the mortgagor or mortgagee with the Registrar, in substitution for the mortgage instrument and memorandum of discharge, a declaration by the mortgagee that the mortgage has been discharged and setting out- (a) the name and official number of the ship; (b) the name and address of each mortgagor; (c) the name and address of each mortgagee; (d) the date of the mortgage; and (e) the date and time of entry of particulars of the mortgage in the register.(4) In this section, "mortgagor" (抵押人), in relation to a ship, includes any person in whom, having regard to any intervening acts and circumstances, the interest of the mortgagee would have been vested if the mortgage had not been made. (Enacted 1990) Cap 415 s 51 Power of disposal by owner The owner of a registered ship has power, subject to this Ordinance and to any rights and powers appearing in the register to be vested in any other person, absolutely to dispose of the ship and to give effectual receipts in respect of the disposal. (Enacted 1990) Cap 415 s 52 Trusts not recognized Notice of a trust, express, implied or constructive, shall not be entered in the register or be receivable by the Registrar. (Enacted 1990) Cap 415 s 53 Equities not excluded (1) Subject to sections 47, 51 and 52, beneficial interests may be enforced by or against the owner or mortgagee of a ship in respect of his interest in the ship in the same manner as in respect of any other personal property. (2) In subsection (1) "beneficial interests" (实益权益) includes interests arising under contract and other equitable interests. (Enacted 1990) Cap 415 s 54 Notice of change of address, etc. of owner PART VII CLOSURE OF REGISTRATION (1) An owner of a registered ship who has made a declaration under section 20, 27, 40 or 42 that he is ordinarily resident in Hong Kong shall in the event of- (a) any change in his address; or (b) any change in his residential status by reason of which he is no longer ordinarily resident in Hong Kong,notify the Registrar, in writing, of that event within 30 days after the occurrence thereof. (2) An owner who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5000. (3) The Registrar shall enter in the register any change of address of an owner pursuant to a notice given under subsection (1)(a). (Enacted 1990) Cap 415 s 55 Notice of dissolution, etc. of body corporate owner or charterer (1) Where- (a) a body corporate is the owner or demise charterer of a registered ship; and (b) a declaration was made under section 20, 27, 40 or 42 in respect of the body corporate that it- (i) is incorporated in Hong Kong; or (ii) is an oversea company registered under Part XI of the Companies Ordinance (Cap 32),the representative person appointed in relation to the ship shall, in the event of the body corporate ceasing to be incorporated in Hong Kong or to be registered under Part XI of the Companies Ordinance (Cap 32), as the case may be, notify the Registrar, in writing, of that event within 30 days after the occurrence thereof. (2) A representative person who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5000. (Enacted 1990) Cap 415 s 56 Notice of termination of demise charter (1)
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