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To consolidate and amend the law relating to the safety of merchant shipping and for purposes connected therewith. [25 November 1981] L.N. 366 of 1981 (Originally 63 of 1981) Cap 369 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Merchant Shipping (Safety) Ordinance. Cap 369 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 26 of 1998 s. 44 (1) In this Ordinance, unless the context otherwise requires- "cargo ship construction and survey regulations" (货船构造及检验规例) means the regulations made, or deemed to be made, under section 96; "collision regulations" (碰撞规例) means the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap 369 sub. leg.); (Replaced 56 of 1990 s. 2) "Convention" (公约) means the International Convention for the Safety of Life at Sea signed in London on 1 November 1974; "court of survey" (验船法庭) means a court of survey appointed under section 74; "dangerous goods" (危险品) means any of the goods or substances to which the Dangerous Goods Ordinance (Cap 295) applies; "Director" (处长) means the Director of Marine; "fire-fighting appliances regulations" (消防装置规例) means the regulations made, or deemed to be made, under section 99; "life-saving appliances regulations" (救生装置规例) means the regulations made, or deemed to be made, under section 99; "master" (船长) includes every person (except a pilot) having command or charge of any ship; "Merchant Shipping Acts" (商船法令) means the Merchant Shipping Acts 1894 to 1979* and any United Kingdom enactment amending or replacing those Acts; "navigational equipment regulations" (导航设备规例) means the regulations made, or deemed to be made, under section 98; "owner" (船东) includes a charterer by demise; "passenger" (乘客) 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" (客船) means a ship carrying more than 12 passengers; "passenger ship construction regulations" (客船构造规例) means the regulations made, or deemed to be made, under section 94; "radio regulations" (无线电规例) means the regulations made, or deemed to be made, under section 97; "ship" (船、船舶) includes any vessel used in navigation other than a vessel propelled by oars or a junk; "tons" (吨) and "tonnage" (吨位) mean tons and tonnage as calculated according to British measurement of registered tonnage; "waters of Hong Kong" (香港水域) means waters of Hong Kong within the meaning of section 3 of the Interpretation and General Clauses Ordinance (Cap 1). (Replaced 26 of 1998 s. 44) (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. ___________________________________________________________________ Note: * Please also see following- (a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508; (b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478. Cap 369 s 3 Application Save as otherwise provided in this Ordinance or in regulations made thereunder, this Ordinance shall apply to all ships except- (Amended 56 of 1989 s. 3) (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 (Cap 313). Cap 369 s 4 Interpretation PART II* SURVEY AND CERTIFICATES Preliminary (1) In this Part, unless the context otherwise requires- "accepted Convention certificate" (获认可的公约证明书) means a certificate in the form prescribed by the Convention or by the Protocol of 1988 relating to the Convention; (Amended 6 of 2000 s. 2) "cargo ship safety certificate" (货船安全证明书) means a cargo ship safety certificate issued under section 21A; (Added 6 of 2000 s. 2) "cargo ship safety construction certificate" (货船构造安全证明书) means a certificate issued under section 21(1); "cargo ship safety equipment certificate" (货船设备安全证明书) means a certificate issued under section 17(1); "cargo ship safety radio certificate" (货船无线电安全证明书) means a certificate issued under section 18(1); "Convention country" (公约国) 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" (公约船) means a ship registered in a Convention country and "Convention passenger ship" (公约客船) shall be construed accordingly; "declaration of survey" (验船声明书) means a declaration under section 10 or 11; "general safety certificate" (一般安全证明书) means a certificate issued under section 15(1) in respect of a passenger ship registered in Hong Kong; "international voyage" (国际航程) means a voyage from a port in one country to a port in another country, either of those countries being a Convention country; "non-international voyage" (非国际航程) means a voyage which begins and ends within the waters of Hong Kong, during the course of which the ship concerned does not call at any port outside Hong Kong; (Added 5 of 1993 s. 2) "passenger certificate" (乘客定额证明书) means a certificate issued under section 14; "qualified cargo ship safety construction certificate" (有限制货船构造安全证明书) means a certificate issued under section 21(3)(a)(ii) or 21(3)(b); "qualified cargo ship safety equipment certificate" (有限制货船设备安全证明书) means a certificate issued under section 17(2)(ii); "qualified cargo ship safety radio certificate" (有限制货船无线电安全证明书) means a certificate issued under section 18(2)(ii); "qualified safety certificate" (有限制安全证明书) and "qualified short voyage safety certificate" (有限制短途航程安全证明书) mean a certificate issued under section 15(2)(ii); "short international voyage" (短途国际航程) 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" (短途航程安全证明书) means a certificate issued under the proviso to section 15(1).a (2) For the purposes of the definitions of "international voyage" (国际航程) and "short international voyage" (短途国际航程)- (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.___________________________________________________________________ Note: * This Ordinance was amended by the Merchant Shipping (Safety) (Amendment) Ordinance 2000 (6 of 2000). Section 19 of that Ordinance provides as follows- "19. Savings Any certificate issued under Part II of the principal Ordinance before the commencement+ of this section which is valid immediately before that commencement shall remain in force for the part of its validity period left to run as at that commencement as if the certificate had been issued under that Part as amended by this Ordinance and for that period of validity, and the provisions of the principal Ordinance as amended by this Ordinance shall apply accordingly.". + Commencement date: 28 January 2000. Cap 369 s 5 Appointment of Government surveyors (1) The Secretary for Economic Development and Labour may appoint persons to be Government surveyors for the purposes of this Ordinance. (Amended L.N. 106 of 2002) (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. Cap 369 s 6 Powers and duties of Government surveyors (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 (Registration) Ordinance (Cap 415), the Merchant Shipping Acts or rules or regulations made thereunder. (Amended 74 of 1990 s. 104) (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. Cap 369 s 7 Returns by Government surveyors (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 $5000. Cap 369 s 8 Approval of organizations to survey ships and issue certificates (1) The Secretary for Economic Development and Labour 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 Development and Labour under subsection (1) shall have effect for the purposes of this Ordinance as if it had been issued by the Director. (Amended L.N. 106 of 2002) Cap 369 s 9 Annual survey of passenger ship Surveys (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 Convention 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. Cap 369 s 10 Mode of survey and declaration of survey (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. (5) A passenger ship (including a Convention passenger ship) which is not registered in Hong Kong plying on a non-international voyage shall be surveyed and certificated further to the requirements equivalent to those which would be applied to a passenger ship which is registered in Hong Kong plying on a non-international voyage, whether such requirements are prescribed under this Ordinance or otherwise, or if not so prescribed, determined according to the Director's approval under subsection (2). (Added 5 of 1993 s. 3) Cap 369 s 11 Survey of ships other than passenger ships (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 Secretary 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. Cap 369 s 12 Appeal to court of survey (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 Ordinance and any other enactment have been complied with, may require the Director to give the certificates required. Cap 369 s 13 No appeal in certain cases 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. Cap 369 s 14 Issue of passenger certificate Issue of certificates 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). Cap 369 s 15 Issue for passenger ships of safety certificates and exemption certificates (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 fire-fighting 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. Cap 369 s 16 Modification of safety certificate in respect of life-saving appliances (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 $2000. Cap 369 s 17 Issue for cargo ships of safety equipment certificates and exemption certificates (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. Cap 369 s 18 Issue for cargo ships of radio certificates and exemption certificates (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 radio installations and shipborne navigational equipment 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 radio installations and shipborne navigational equipment, 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 radio installations and shipborne navigational equipment and specifying the voyages on which, and conditions (if any) on which, the ship is so exempt. (Amended 6 of 2000 s. 3) Cap 369 s 19 (Repealed 6 of 2000 s. 4) Cap 369 s 20 Issue of general safety certificates, etc. on partial compliance with regulations 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 regulations 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 Convention. Cap 369 s 21 Cargo ship safety construction certificates and exemption certificates (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 1988 relating to the Convention; (Amended 6 of 2000 s. 5) (b) in any other case, a cargo ship safety construction certificate 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. Cap 369 s 21A Issue of cargo ship safety certificates (1) If on- (a) receipt of a declaration of survey in respect of a ship to which section 11 applies and which is registered in Hong Kong; and (b) the application of the owner, agent or master of the ship,the Director is satisfied that- (i) the ship complies with- (A) the life-saving appliances regulations; (B) the fire-fighting appliances regulations; (C) the radio regulations; (D) the navigational equipment regulations; and (E) the cargo ship construction and survey regulations, applicable to the ship and to such international voyages as it is to be engaged on; and(ii) the ship is properly provided with the lights, shapes, and means of making sound signals required by the collision regulations,he may issue in respect of the ship a cargo ship safety certificate showing that the ship complies with such of the requirements of the Convention relating to the matters specified in paragraph (ii) and to the matters for which the regulations set out in paragraph (i) are made. (2) Unless the context otherwise requires, any reference in this Ordinance to a cargo ship safety equipment certificate, a cargo ship safety radio certificate or a cargo ship safety construction certificate shall, where a cargo ship safety certificate has been issued in respect of a ship, be construed in relation to that ship as a reference to the cargo ship safety certificate, and the other provisions of this Ordinance shall apply accordingly. (3) Nothing in this section shall derogate from the power to issue a certificate under section 17(1), 18(1) or 21(1). (Added 6 of 2000 s. 6) Cap 369 s 22 Delivery of certificate and declarations (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. Cap 369 s 23 Notice of alterations and additional surveys (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,give 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 $10000 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 sustained 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 otherwise 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 not been submitted for survey as required by the cargo ship construction and survey regulations. (5) For the purposes of this section, "alteration" (改动) in relation to anything includes the renewal of any part of it. Cap 369 s 24 Certificates to be exhibited (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 $5000. (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. Cap 369 s 25 Prohibition on proceeding to sea without appropriate certificates (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 qualified 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) a cargo ship safety equipment certificate or a qualified cargo ship safety equipment certificate; and (B) a cargo ship safety radio certificate or a qualified cargo ship safety radio certificate or an exemption certificate stating that it is wholly exempt from the requirements of the Convention relating to radio installations and shipborne navigational equipment; and (C) a cargo ship safety construction certificate or a qualified cargo ship safety construction certificate; or (Replaced 6 of 2000 s. 7)(ii) a cargo ship safety certificate, (Replaced 6 of 2000 s. 7) (iii) (Repealed 6 of 2000 s. 7) 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 $10000. (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 $10000. Cap 369 s 25A Prohibition on certain ships proceeding to sea unless relevant regulations complied with (1) This section applies to and only to a ship which is- (a) registered in Hong Kong; (b) not a passenger ship; (c) of less than 500 tons gross tonnage; (d) a vessel required to be licensed under Part IV of the Shipping and Port Control Ordinance (Cap 313).(2) A ship to which this section applies shall not proceed to sea on an international voyage unless the ship complies with the relevant regulations. (3) The master of a ship to which this section applies shall, at the time a clearance for the ship is demanded in respect of an international voyage from Hong Kong, produce to the Director documentary evidence to his satisfaction that the ship complies with the relevant regulations and a clearance shall not be granted and the ship may be detained until such documentary evidence is produced. (4) Where a ship to which this section applies proceeds, or attempts to proceed to sea in contravention of subsection (2), the owner or master of the ship commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (5) In this section "relevant regulations" (有关规例) means regulations made for the purposes of this section under this Ordinance or under the Shipping and Port Control Ordinance (Cap 313) and applicable to the class of ship to which the ship belongs. (Added 5 of 1993 s. 4) Cap 369 s 26 Duration of certificates (1) Subject to subsection (4) and section 29, a passenger certificate 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) Subject to subsections (3A) and (4) and section 29, a general safety certificate shall remain in force for 1 year from its date of issue or for such shorter period as may be specified in the certificate. (3) Subject to subsections (3A) and (4) and section 29, a cargo ship safety equipment certificate, a cargo ship safety radio certificate, a cargo ship safety construction certificate or a cargo ship safety certificate, shall remain in force for 5 years from the date of its issue or for such shorter period as may be specified in the certificate. (Replaced 6 of 2000 s. 9) (3A) Where- (a) a survey of a ship is completed within 3 months before the date of expiry of a certificate referred to in subsection (2) or (3) issued in respect of the ship, any corresponding certificate issued in consequence of the survey shall be valid from the date of completion of the survey to- (i) in the case of a general safety certificate, a date within 1 year from the date of expiry of the first-mentioned certificate; (ii) in the case of a certificate referred to in subsection (3), a date within 5 years from the date of expiry of the first-mentioned certificate, specified in the corresponding certificate;(b) a survey of a ship is completed on a date earlier than 3 months before the date of expiry of a certificate referred to in subsection (2) or (3) issued in respect of the ship, any corresponding certificate issued in consequence of the survey shall be valid from the date of completion of the survey to- (i) in the case of a general safety certificate, a date within 1 year from the date of completion of the survey; (ii) in the case of a certificate referred to in subsection (3), a date within 5 years from the date of completion of the survey, specified in the corresponding certificate;(c) a survey of a ship is completed after the date of expiry of a certificate referred to in subsection (2) or (3) issued in respect of the ship, any corresponding certificate issued in consequence of the survey shall be valid from the date of completion of the survey to- (i) in the case of a general safety certificate, a date within 1 year from the date of expiry of the first-mentioned certificate; (ii) in the case of a certificate referred to in subsection (3), a date within 5 years from the date of expiry of the first-mentioned certificate, specified in the corresponding certificate. (Added 6 of 2000 s. 9)(4) No certificate referred to in subsection (1), (2) or (3) 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 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. (Amended 6 of 2000 s. 9) Cap 369 s 27 Cancellation of certificates (1) The Director 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; (c) 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. Cap 369 s 28 Delivery up of certificates (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 $5000. Cap 369 s 29 Extension of certificates (1) The Director may, on the application of the owner, agent or master of a ship registered in Hong Kong in respect of which a certificate has been issued under this Part, grant an extension of the certificate for a period not exceeding 1 month from the date of expiry of the certificate. (2) If on the date of expiry of a certificate issued under this Part in respect of a ship registered in Hong Kong, the ship is not in the port in which it is to be surveyed, the Director may, on the application of the owner, agent or master of the ship, grant an extension of the certificate- (a) for the purpose of allowing the ship to complete its voyage to that port; and (b) for a period not exceeding 3 months from the date of expiry of the certificate.(3) Where a survey of a ship has been completed but a certificate issued or to be issued under this Part in respect of the ship in consequence of the survey cannot be placed on board the ship before the date of expiry of an existing certificate to which the first-mentioned certificate corresponds, the Director may endorse on the existing certificate the fact that such survey has been completed or cause such certificate to be so endorsed, and such certificate so endorsed shall be regarded as valid for such further period not exceeding 5 months from the date of its expiry as may be specified in the endorsement. (4) Without prejudice to subsections (1), (2) and (3), if on- (a) receipt of a declaration of survey in respect of a ship in respect of which a certificate issued under section 17(1), 18(1), 21(1) or 21A(1) is in force; and (b) the application of the owner, agent or master of the ship,the Director is satisfied that it is proper to do so, the Director may grant an extension of the certificate for a period which, together with the period for which the certificate was issued and any period by which the certificate has been previously extended under this subsection, does not exceed 5 years. (5) Where a survey of a ship is completed after the expiry of a certificate issued under this Part in respect of the ship, any corresponding certificate issued in consequence of the survey shall remain in force for- (a) in the case of a general safety certificate, such period not exceeding 1 year from the date of completion of the survey; (b) in the case of a certificate referred to in section 26(3), such period not exceeding 5 years from the date of completion of the survey,as the Director may consider appropriate in the special circumstances of the case and as may be specified in the corresponding certificate. (6) Where- (a) an extension of a certificate issued in respect of a ship has been granted under subsection (1) or (2); and (b) a survey of the ship is completed,any corresponding certificate issued in consequence of the survey shall remain in force for- (i) in the case of a general safety certificate, such period not exceeding 1 year from the date of completion of the survey; (ii) in the case of a certificate referred to in section 26(3), such period not exceeding 5 years from the date of completion of the survey,as the Director may consider appropriate in the special circumstances of the case and as may be specified in the corresponding certificate. (Replaced 6 of 2000 s. 10) Cap 369 s 30 Miscellaneous provisions (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. Cap 369 s 31 Issue of certificate at request of Director (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. Cap 369 s 32 Forgery of certificates 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 $50000 and to imprisonment for 2 years. Cap 369 s 33 Certificates of Convention ships not registered in Hong Kong Convention ships of other countries (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 radio installations and shipborne navigational equipment, that the number, grades and qualifications of radio officers or operators on board correspond with those shown in the certificate; or (Amended 6 of 2000 s. 11) (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 life-saving 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, unless it is plying on a non-international voyage, 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; (Amended 5 of 1993 s. 5) (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. Cap 369 s 34 Further provisions as to the production of Convention certificates (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. (1A) The Director may for the purposes of a clearance for a ship in respect of an international voyage or a non-international voyage accept any certificate, not being an accepted Convention certificate, where he is satisfied that any standards relating to safety required to be complied with for the issue of such a certificate are substantially the same as those required for a certificate issued by the Director for a ship registered in Hong Kong under this Ordinance or issued by him under the Shipping and Port Control Ordinance (Cap 313) for a ship which is a vessel required to be licensed under Part IV of that Ordinance. (Added 5 of 1993 s. 6) (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. Cap 369 s 34A Production of documentary evidence of compliance with certificate requirements (1) This section applies to and only to a ship which is not- (a) registered in Hong Kong; (b) a ship holding an accepted Convention certificate; (c) a passenger ship; (d) a vessel required to be licensed under Part IV of the Shipping and Port Control Ordinance (Cap 313).(2) The master of a ship to which this section applies shall, at the time a clearance for the ship is demanded in respect of an international voyage or a non-international voyage, produce to the Director documentary evidence to his satisfaction- (a) in the case of a ship of not less than 500 tons gross tonnage, of compliance with the requirements that would, if it were a ship holding an accepted Convention certificate, be required to be complied with for the purposes of section 34(1) or (1A); (b) in the case of a ship- (i) of less than 500 tons gross tonnage; or (ii) of the same size as a vessel required to be licensed under Part IV of the Shipping and Port Control Ordinance (Cap 313), of compliance with the requirements that would, if it were a ship of the same description registered in Hong Kong, be required to be complied with for the purposes of section 25A(1),and a clearance shall not be granted and the ship may be detained until such documentary evidence is produced. (Added 5 of 1993 s. 7) Cap 369 s 35 Exemption of certain ships Exemption of certain ships from this Part (1) Subject to sections 25A and 34A, nothing in this Part- (Amended 5 of 1993 s. 8) (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. Cap 369 s 36 Equipment of passenger ships PART III EQUIPMENT OF SHIPS AND EXCESS PASSENGERS (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 $50000 and to imprisonment for 2 years; and (b) in the case of the master, to a fine of $20000 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. Cap 369 s 37 Restriction to decks on which passengers may be carried (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 $10000. Cap 369 s 38 Excess passengers (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 $10000 and an additional fine of $5000 for each excess passenger; and (b) on summary conviction to imprisonment for 2 years and to a fine of $10000 and an additional fine of $5000 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 without his knowledge or consent; and (b) he derived no profit, benefit or advantage from the shipping 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. Cap 369 s 39 Director may refuse clearance of ship carrying excess passengers (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 proposed 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 $20000 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 $10000 and an additional fine of $5000 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. Cap 369 s 40 Prohibition on increasing weight on safety valve 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 $50000 and to imprisonment for 2 years. Cap 369 s 41 Signalling lamps (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 $2000. Cap 369 s 42 Anchors and cables (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 $5000. (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 $5000. (4) In this section, "anchor" (锚) and "cable" (锚链) have the meanings assigned to them by section 103(2). Cap 369 s 43 Duties of owners and masters as to carrying life-saving appliances and fire-fighting appliances 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. Cap 369 s 44 Penalty for breach of life-saving appliances regulations and fire-fighting appliances regulations 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 $50000 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 $10000 and to imprisonment for 6 months. Cap 369