法邦网—法律法规查看

To consolidate and amend the law relating to merchant shipping and to remove anomalies and out-moded provisions therefrom. (Amended 61 of 1989 s. 13; 64 of 1999 s. 3) [30 October 1953] G.N.A. 141 of 1953 (Originally 14 of 1953) Cap 281 s 1 Short title This Ordinance may be cited as the Merchant Shipping Ordinance. Cap 281 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "collision regulations" (碰撞规例) means the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap 369 sub. leg.); (Added 78 of 1990 s. 2) "crew" (船员) means seafarers and apprentices; (Added 54 of 1982 s. 2. Amended 44 of 1995 s. 143) "Director" (处长) means the Director of Marine and includes any person deputed or authorized by the Director to execute any power or perform any duty vested in or imposed upon him hereunder; "junk" (中式帆船) includes lorcha and any vessel of Chinese or other Asiatic build, construction or rig whether such vessel is of a sea going type or not and whether mechanically propelled or not; "lorcha" (西式中国帆船) includes any vessel- (a) of European build and construction, but of Chinese or other Asiatic rig; or (b) of Chinese or other Asiatic build and construction, but of European rig;"master" (船长) includes every person (except a pilot) having command or charge of any ship; "officer" (高级船员) means an officer within the meaning of section 2 of the Merchant Shipping (Seafarers) Ordinance (Cap 478); (Replaced 44 of 1995 s. 143) "passenger" (乘客) means any person carried in a vessel except- (Amended 76 of 1978 s. 81) (a) a person employed or engaged in any capacity on board the vessel on the business of the vessel; (b) a person on board the vessel either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstances that neither the master nor the owner could have prevented or forestalled; and (c) a child under 1 year of age; [cf. 1949 c. 43 s. 26 U.K.]"Port Health Officer" (港口卫生主任) includes the Director of Health and any officer for the time being performing the duties of Port Health Officer; (Amended L.N. 76 of 1989) "port of Hong Kong" (香港的港口) and "port" (港口) where by the context a port out of Hong Kong is not indicated, mean a place declared to be such under the Shipping and Port Control Ordinance (Cap 313); (Amended 76 of 1978 s. 81; 61 of 1989 s. 13) "river trade limits" (内河航限) means- (a) the waters in the vicinity of Hong Kong within the following boundaries- (Amended 61 of 1989 s. 13) (i) to the East, meridian 114°30' East; (ii) to the South, parallel 22°09' North; (iii) to the West, meridian 113°31' East; and(b) all inland waterways in the provinces of Kwangtung and Kwangsi on the mainland of China to which access can be obtained by inland waterways from the area defined in paragraph (a); (Replaced 17 of 1965 s. 2. Amended 44 of 1995 s. 143)"seafarer" (海员) includes every person (except masters, pilots, and apprentices duly indentured and registered) employed or engaged in any capacity on board any ship; (Amended 44 of 1995 s. 143) "ship" (船、船舶) (except where section 50A applies) includes any description of vessel used in navigation not propelled by oars but excludes junks and lorchas whether mechanically propelled or not: (Amended 64 of 1980 s. 2) Provided that a mechanically propelled junk or lorcha shall not be deemed by this provision to be excluded from the definition of ship for the purposes of the collision regulations; (Amended 78 of 1990 s. 2)"steamer" or "steamship" (汽船) includes any vessel propelled by steam, and subject to any modification that may be prescribed by regulation shall include a vessel propelled by electricity or other mechanical power; "tons" (吨) and "tonnage" (吨位) mean tons and tonnage as calculated according to the Merchant Shipping (Registration) (Tonnage) Regulations (Cap 415 sub. leg.); (Amended 64 of 1999 s. 3) "vessel" (船只) includes- (a) any ship or boat or junk or any other description of vessel used in navigation; and (b) any floating dry dock, floating workshop or floating restaurant. (Replaced 35 of 1975 s. 2) (Amended 78 of 1990 s. 2; 44 of 1995 s. 143; 64 of 1999 s. 3) [cf. 1894 c. 60 s. 742 U.K.] Cap 281 s 3 Certificate or licence required by all ships trading in Hong Kong PART I REGISTRATION AND LICENSING OF SHIPS (1) Every ship trading outwards from Hong Kong or trading or being used for any commercial purpose in the waters of Hong Kong must be provided with- (a) a certificate of registry or certificate of provisional registry granted under the Merchant Shipping (Registration) Ordinance (Cap 415); (b) a certificate of registry or other document granted in a place outside Hong Kong and similar or equivalent in effect to a certificate referred to in paragraph (a); or (c) a licence granted under regulations made under Part IV of the Shipping and Port Control Ordinance (Cap 313).(2) A document purporting to be- (a) a certificate of registry or other document referred to in subsection (1)(b); or (b) a copy of such a certificate or document certified as a true copy by a person having custody of the original, or having responsibility for the grant of the original,shall be admitted in evidence in legal proceedings under this section upon its production unless it is proved that it is not the document it purports to be or that it was not signed or certified by the person by whom it purports to be signed or certified, as the case may be, and if so admitted shall be sufficient, but not conclusive, evidence of any matter stated in the certificate or document. (Replaced 74 of 1990 s. 104) Cap 281 s 4 (Repealed 44 of 1995 s. 143) PART II Cap 281 s 5 (Repealed 44 of 1995 s. 143) Cap 281 s 5A (Repealed 44 of 1995 s. 143) Cap 281 s 5B (Repealed 44 of 1995 s. 143) Cap 281 s 6 (Repealed 44 of 1995 s. 143) Cap 281 s 6A (Repealed 44 of 1995 s. 143) Cap 281 s 7 (Repealed 44 of 1995 s. 143) Cap 281 s 8 (Repealed 44 of 1995 s. 143) Cap 281 s 9 (Repealed 44 of 1995 s. 143) PART III Cap 281 s 10 (Repealed 44 of 1995 s. 143) Cap 281 s 11 (Repealed 44 of 1995 s. 143) Cap 281 s 12 (Repealed 44 of 1995 s. 143) Cap 281 s 13 (Repealed 44 of 1995 s. 143) Cap 281 s 14 (Repealed 44 of 1995 s. 143) Cap 281 s 14A (Repealed 44 of 1995 s. 143) Cap 281 s 15 (Repealed 44 of 1995 s. 143) PART IV Cap 281 s 16 (Repealed 44 of 1995 s. 143) Cap 281 s 17 (Repealed 44 of 1995 s. 143) PART V Cap 281 s 18 (Repealed 44 of 1995 s. 143) Cap 281 s 19 (Repealed 44 of 1995 s. 143) Cap 281 s 20 (Repealed 44 of 1995 s. 143) Cap 281 s 21 (Repealed 44 of 1995 s. 143) Cap 281 s 22 (Repealed 44 of 1995 s. 143) Cap 281 s 23 (Repealed 63 of 1981 s. 124) PART VI SURVEY OF PASSENGER AND OTHER SHIPS AND CERTIFICATES THEREOF Cap 281 s 24 (Repealed 63 of 1981 s. 124) Cap 281 s 25 (Repealed 63 of 1981 s. 124) Cap 281 s 26 (Repealed 63 of 1981 s. 124) Cap 281 s 27 (Repealed 63 of 1981 s. 124) Cap 281 s 28 (Repealed 63 of 1981 s. 124) Cap 281 s 29 (Repealed 63 of 1981 s. 124) Cap 281 s 30 (Repealed 63 of 1981 s. 124) Cap 281 s 31 (Repealed 63 of 1981 s. 124) Cap 281 s 32 (Repealed 63 of 1981 s. 124) Cap 281 s 33 (Repealed 63 of 1981 s. 124) Cap 281 s 34 (Repealed 63 of 1981 s. 124) Cap 281 s 34A Forfeiture of ships Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2 (1) Where the owner or master of a ship has committed an offence under section 38 of the Merchant Shipping (Safety) Ordinance (Cap 369), the ship shall be liable to forfeiture, whether or not the owner or master is convicted in respect of such offence. (Amended 63 of 1981 s. 124) (2) With the approval of the Attorney General, the Director may seize and detain any ship which appears to him to be liable to forfeiture under subsection (1), and within 21 days of any such seizure the Director shall serve notice of seizure on the owner of the ship: Provided that where there is more than one owner of a ship it shall be sufficient for the purposes of this subsection to give notice to one of the owners. (3) A notice under subsection (2) shall be deemed to have been duly served if- (a) it is delivered to the person on whom it is to be served; (b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director; or (c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited in the Marine Department in a place to which the public have access for a period of not less than 7 days commencing within 21 days of the seizure of the ship.(4) Within 7 days after the service under subsection (2) of a notice of seizure, notice of the seizure of the ship shall be- (a) published in the Gazette and in 1 newspaper published in Hong Kong in the English language and in 1 newspaper so published in the Chinese language; and (b) in the case of a ship not registered in Hong Kong, served on the consular officer (if any) for the state to which the ship belongs. (Amended 23 of 1998 s. 2)(5) Where a notice of seizure has been served under subsection (2), any person who has a claim (hereinafter referred to as the claimant) may within 30 days after- (a) the date of the notice, if it was served under subsection (3)(a) or (b); or (b) the first day on which the notice was exhibited, if it was served under subsection (3)(c),give notice in writing to the Director that he claims that the ship is not liable to forfeiture. (6) If, on the expiry of the appropriate period of time specified in subsection (5) for the giving of a notice of claim, no such notice has been given in writing to the Director, the ship shall be forfeited forthwith to the Crown. (7) A person has a claim for the purposes of this section and section 34B if- (a) he is the owner of the ship or the agent of the owner; or (b) he was in possession of the ship at the time it was seized. (Added 1 of 1979 s. 3) Cap 281 s 34B Determination of applications for forfeiture (1) Where a notice of claim is given under section 34A(5), the Director shall apply to a magistrate for the forfeiture of the ship and shall state in the application the name and address of the claimant as specified in the notice of claim. (2) When any such application is made to a magistrate, the magistrate shall issue a summons in the prescribed form to the claimant, requiring him to appear before a magistrate on the hearing of the application, and shall cause a copy of the summons to be served on the Director. (3) If, on the hearing of an application under this section- (a) neither the claimant nor any other person appears before the magistrate to make a claim and the magistrate is satisfied that the summons was duly served; or (b) neither the claimant nor any other person satisfies the magistrate that he has a claim,and the magistrate is satisfied that the ship is liable to forfeiture, the magistrate shall order that the ship be forfeited to the Crown. (4) If, on the hearing of an application under this section- (a) a person satisfies the magistrate that he has a claim; and (b) the magistrate is satisfied that the ship is liable to forfeiture,the magistrate may order that the ship be- (i) forfeited to the Crown; or (ii) delivered to the owner thereof or his agent.(5) If, on the hearing of an application under this section, the magistrate is not satisfied that the ship is liable to forfeiture, he shall order that it be delivered to the owner thereof or his agent. (6) On the hearing of an application under this section, a certified true copy of the record of the proceedings, including the decision of the court, in any proceedings in respect of the offence under section 38 of the Merchant Shipping (Safety) Ordinance (Cap 369) or section 90(1) of the Criminal Procedure Ordinance (Cap 221) shall be admissible in evidence. (Amended 63 of 1981 s. 124) (7) Subject to the provisions of this Ordinance, an application under this section shall be deemed for the purposes of the Magistrates Ordinance (Cap 227) to be a complaint to which section 8 of that Ordinance applies. (Added 1 of 1979 s. 3) Cap 281 s 34C Claims for return of forfeited ships (1) The owner of any ship forfeited to the Crown under section 34A or section 34B or his agent may within 6 weeks after- (a) the ship was forfeited to the Crown; or (b) the determination of any appeal against the order for its forfeiture,give notice in writing to the Director of his intention to submit to the Governor a moral claim in respect of the forfeited ship. (2) Where the owner of a forfeited ship has given notice in writing to the Director under subsection (1) and has submitted a moral claim to the Governor by lodging it with the Chief Secretary within 1 month from the date of such notice, the Governor may- (a) order the return of the forfeited ship to the owner or his agent; or (b) direct that the claim be referred to the Governor in Council.(3) The Governor in Council, on considering a claim referred to him under subsection (2), may- (a) order the return of the forfeited ship to the owner or his agent; or (b) reject the claim. (Added 1 of 1979 s. 3) Cap 281 s 34D Expiry of sections 34A, 34B and 34C Sections 34A, 34B and 34C shall expire on 31 December 1985 unless the Legislative Council by resolution otherwise determines. (Added 1 of 1979 s. 3. Extended L.N. 286 of 1979; L.N. 316 of 1980; L.N. 374 of 1981; L.N. 393 of 1982; L.N. 369 of 1983; L.N. 383 of 1984) Cap 281 s 35 (Repealed-sections 35 to 50) PART VII (Repealed 44 of 1995 s. 143) Cap 281 s 50A Interpretation PART VIII MARINE COURTS AND COURTS OF SURVEY In this Part, unless the context otherwise requires- "certificate" (证书) and "certificate of competency" (合格证书) include a local certificate of competency issued under Part IV of the Shipping and Port Control Ordinance (Cap 313) and a licence within the meaning of section 2 of the Merchant Shipping (Seafarers) Ordinance (Cap 478); (Amended 36 of 1986 s. 8; 78 of 1990 s. 7; 44 of 1995 s. 143) "ship" (船、船舶) includes every description of vessel used in navigation. (Added 64 of 1980 s. 3) Cap 281 s 51 Preliminary inquiry Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) Where a shipping casualty has occurred a preliminary inquiry may be held respecting the casualty by any person appointed for the purpose by the Director of Marine. (2) For the purpose of any such inquiry, the person holding the same shall have the powers given by section 115 of the Merchant Shipping (Safety) Ordinance (Cap 369). (3) After the conclusion of such inquiry the person holding the same shall forward a report thereof to the Chief Executive without delay and, in any event, not later than 1 month after such conclusion. (Added 44 of 1954 s. 2. Amended 64 of 1999 s. 3) [cf. 1894 c. 60 s. 465 U.K.] Cap 281 s 52 Chief Executive may appoint marine court; constitution, etc. Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Chief Executive may whenever occasion may arise in the circumstances detailed in section 53(2) (whether a preliminary inquiry under section 51 has been held or not) by warrant under his hand and the seal of Hong Kong, appoint a court (which shall be called the marine court) to make investigations as to casualties affecting ships, or to inquire into charges of incompetency or misconduct on the part of masters, mates or engineers of ships. (Amended 42 of 1956 s. 2; 37 of 1959 s. 9; 61 of 1989 s. 13) (2) Such court shall consist of a judge, district judge or magistrate and shall hold its investigation or inquiry with the assistance of 2 or more assessors who shall be appointed by the Chief Executive and shall be masters of the Hong Kong mercantile marine or persons of nautical, engineering or other special skill or knowledge: Provided that where any investigation or inquiry involves or appears likely to involve any question as to the cancellation or suspension of the certificate of a master, mate or engineer the court shall be assisted by not less than 2 assessors having experience in the Hong Kong mercantile marine. (Replaced 37 of 1959 s. 9. Amended 76 of 1978 s. 81) (3) The assessors appointed to such court shall be remunerated at a rate which shall take account of the amount of work and time occupied by them upon the business of the court and such remuneration shall be determined by the Chief Executive either generally from time to time or specifically in any particular case: Provided that nothing in this subsection shall be construed to authorize the payment of remuneration to any person employed full time in any office of emolument under the Government. (Replaced 17 of 1965 s. 25) (Amended 64 of 1999 s. 3) [cf. 1894 c. 60 s. 478 U.K.] Cap 281 s 53 Enumeration of casualties, causes for inquiry, etc. Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) For the purpose of an investigation under this Part, a casualty shall be deemed to occur- (a) when on or near the coasts of Hong Kong any ship registered in Hong Kong is lost, abandoned or materially damaged; (b) when on or near the coasts of Hong Kong any ship registered in Hong Kong has been stranded or damaged, and any witness is found in Hong Kong; (c) when on or near the coasts of Hong Kong any ship registered in Hong Kong causes loss or material damage to any other ship; (ca) when on or near the coasts of Hong Kong any material damage is caused by the escape from a ship registered in Hong Kong of oil or any substance other than oil; (Added 37 of 1990 s. 12) (d) when any loss of life ensues by reason of any casualty happening to or on board any ship registered in Hong Kong on or near the coasts of Hong Kong; (Amended L.N. 386 of 1993) (e) when in any place any such loss, abandonment, material damage or casualty as above-mentioned has occurred, and any witness is found in Hong Kong; (f) when in any place any ship registered in Hong Kong has been stranded or damaged, and any witness is found in Hong Kong; and (g) when any ship registered in Hong Kong has been lost or is supposed to have been lost, and any evidence is obtainable in Hong Kong as to the circumstances in which such ship proceeded to sea or was last heard of.(2) In any of the following cases- (a) (Repealed 64 of 1999 s. 3) (b) where a casualty occurs in any part of the world to a ship registered in Hong Kong; (c)-(d) (Repealed 64 of 1999 s. 3) (e) where the incompetency or misconduct has occurred on board a ship registered in Hong Kong; and (f) (Repealed 64 of 1999 s. 3)such court may make investigation respecting such casualty and may hear and inquire into any such charge of incompetency or misconduct, and for such purposes the court shall have the same jurisdiction over the matter in question as if it had occurred within its ordinary jurisdiction, but subject to all provisions, restrictions and conditions which would have been applicable if it had so occurred. Such court shall also have the powers given by section 115 of the Merchant Shipping (Safety) Ordinance (Cap 369) as well as all the powers of a magistrate acting as a court of summary jurisdiction. [cf. 1894 c. 60 ss. 478 & 729 U.K.] (3) An inquiry shall not be held into any matter which has once been the subject of an investigation or inquiry other than a preliminary inquiry under section 51, and has been reported on by a competent court or tribunal in Hong Kong, or in respect of which the certificate of a master, mate or engineer has been cancelled or suspended by a naval court. (Amended 42 of 1956 s. 3) (4) (Repealed 64 of 1999 s. 3) (Amended 61 of 1989 s. 13; 74 of 1990 s. 104; 64 of 1999 s. 3) [cf. 1894 c. 60 s. 464 U.K.] Cap 281 s 54 Penalty for refusing to attend as a witness, etc. Any person who refuses to attend as a witness before any person or court having the powers given by section 115 of the Merchant Shipping (Safety) Ordinance (Cap 369), after having been required in the exercise of any such power to do so, or refuses or neglects to make any answer, or to give any return, or to produce any document in his possession, or to make or subscribe any declarations required by any such person or court in the exercise of any such power, shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (Added 44 of 1954 s. 3. Amended 73 of 1974 s. 12; 64 of 1999 s. 3) [cf. 1894 c. 60 s. 729(3) U.K.] Cap 281 s 55 Grounds for cancellation or suspension of certificate Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The certificate of a master, mate or engineer may be cancelled or suspended- (a) if the court finds that loss or abandonment of, or serious damage to, any ship, or loss of life, has been caused by his wrongful act or default; or (b) if the court finds that he is in competent, or that he has been guilty of any gross act of misconduct, drunkenness or tyranny, or that, in a case of collision, he has failed to render such assistance or give such information as is required by the Merchant Shipping (Safety) Ordinance (Cap 369). (Amended 64 of 1999 s. 3) [cf. 1894 c. 60 s. 422 U.K.](1A) In this section, evidence that a master, mate, or engineer is incompetent may include evidence that he fails to comply with the standards of competency and other conditions prescribed to qualify a person for the certificate held by him. (Added 62 of 1981 s. 8) (2) Where any case before any such court as aforesaid involves a question as to the cancellation or suspension of a certificate, the court shall at the conclusion of the case or as soon afterwards as possible state in open court the decision to which it has come with respect to the cancellation or suspension thereof. (3) Any master, mate or engineer whose certificate is suspended or cancelled in pursuance of this Ordinance shall, on the demand of the court, deliver his certificate to the court, or if it is not demanded by the court deliver it to the Chief Executive or as he directs, and in default he shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (Amended 17 of 1965 s. 26; 73 of 1974 s. 12; 64 of 1999 s. 3) (4) The court shall in all cases send a full report on the case with the evidence to the Chief Executive, and shall also if it determines to cancel or suspend any certificate send the certificate cancelled or suspended to the Chief Executive or other authority by whom the certificate was granted. (Amended 17 of 1965 s. 26; 64 of 1999 s. 3) (5) A certificate shall not be cancelled or suspended by a court under this Part unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, has been furnished before the commencement of the investigation or inquiry to the holder of the certificate. [cf. 1894 c. 60 s. 470(1)-(4) U.K.] Cap 281 s 56 Provisions for re-hearing and appeal Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 64 of 1999 s. 3 (1) The Chief Executive may, in any case where under this Part an investigation as to a casualty affecting a ship or an inquiry into the conduct of a holder of a certificate of competency has been held, order the case to be re-heard either generally or as to any part thereof, either by the court by which it was heard in the first instance or by a marine court appointed under this Part or by a judge sitting in admiralty jurisdiction, and shall do so- (Amended 47 of 1985 s. 2; 64 of 1999 s. 3) (a) if new and important evidence which could not be produced at the investigation or inquiry has been discovered; or (b) if for any other reason there has in his opinion been ground for suspecting that a miscarriage of justice has occurred. (Amended 64 of 1980 s. 4)(2) Where an application under subsection (1) for a re-hearing is not made or is refused, an appeal shall lie from any order or finding of the court or tribunal holding the inquiry to the Court of First Instance. (Replaced 25 of 1998 s. 2) (3) Subject to the provisions of any regulations relating thereto made under section 58, an appeal to the Court of First Instance under this section shall be to 1 judge or to the Court of Appeal as the Chief Justice may decide and shall be subject to any rules of court made under the High Court Ordinance (Cap 4). (Replaced 37 of 1959 s. 10. Amended 25 of 1998 s. 2) (4) The provisions of this section shall apply to any investigation or inquiry referred to in subsection (1) whether held before or after the commencement of the Merchant Shipping (Amendment) Ordinance 1985 (47 of 1985). (Added 47 of 1985 s. 2) [cf. 1894 c. 60 s. 478 U.K.] Cap 281 s 57 Further powers of court (1) A marine court shall have the following further powers- (a) it may remove the master of any ship if that removal is shewn to the satisfaction of the court by evidence on oath to be necessary. Such removal may be made upon the application of any owner of the ship or his agent, or of the consignee of the ship, or of any certificated mate, or of one-third or more of the crew of the ship; (b) it may appoint a new master instead of the one removed: Provided that where the owner, agent or consignee of the ship is within the jurisdiction of the marine court, such an appointment shall not be made without the consent of that owner, agent or consignee; (c) it may make such order as it thinks fit respecting the costs of the investigation or any part thereof, and such order shall be enforced by the court in the same way as an order for costs under the Magistrates Ordinance (Cap 227).(2) (Repealed 17 of 1965 s. 27) Cap 281 s 58 Regulations as to procedure, fees, etc. Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Chief Executive in Council may by regulation prescribe and provide for carrying into effect the enactments relating to formal investigations into casualties and inquiries into charges of incompetency or misconduct and to the re-hearing of or appeal from any such investigation or inquiry, and in particular, with respect to the procedure, the parties, the persons allowed to appear, the notice to such parties and persons or to persons affected, and the amount and application of fees. (Amended 37 of 1959 s. 10; 64 of 1999 s. 3) (2) For the purposes of this Part, a marine court shall have all the powers of a magistrate sitting under the Magistrates Ordinance (Cap 227). (3) Every formal investigation or inquiry shall be conducted in such a manner that, if a charge is made against any person, he shall have an opportunity of making a defence. (Amended 37 of 1959 s. 11) Cap 281 s 59 (Repealed 63 of 1981 s. 124) Cap 281 s 60 (Repealed 63 of 1981 s. 124) Cap 281 s 61 (Repealed-sections 61 to 90) PARTS IX, X and XI (Repealed 76 of 1978 s. 81) Cap 281 s 91 Interpretation PART XII TRAWLERS In this Part- "trawler" (拖网渔船) means any mechanically propelled vessel of non-primitive design and build of whatever tonnage, which engages in fishing operations for profit upon the high seas with nets, lines or trawls and which operates from Hong Kong as a ship registered in Hong Kong, but excludes any sailing or mechanically propelled fishing boat, junk or dinghy licensed under regulations made under section 105; (Amended 61 of 1989 s. 13; 74 of 1990 s. 104; L.N. 386 of 1993) "voyage" (航程) means a fishing trip commencing with a departure from a port for the purpose of fishing, and ending with the first return to a port thereafter upon the conclusion of the trip when one of such ports is within Hong Kong: (Amended 61 of 1989 s. 13) Provided that a return due to distress only shall not be deemed to be a return if it is followed by a resumption of the trip. Cap 281 s 92 Certificates of competency as trawling masters Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The holder of a certificate of competency as a trawling master which is not endorsed with the word "LIMITED" may, subject to the provisions of this Part, command a trawler on any voyage. (2) The holder of a certificate of competency as a trawling master which is endorsed with the word "LIMITED" may command a trawler for the purpose only of fishing in an area bounded on the North by the parallel of 25 degrees North, on the South by the parallel of 15 degrees North and on the East by the meridian of 122 degrees East. (3) The Director may, on the application of a person holding a certificate of competency as a trawling master which is endorsed with the word "LIMITED", exempt such person from the restriction specified in subsection (2). (Amended L.N. 262 of 1985) (4) The holder of a certificate of competency as a trawling master, whether or not the certificate is endorsed with the word "LIMITED", shall, in so far as he does not contravene the provisions of this section, be a duly certificated trawling master. (Amended 64 of 1999 s. 3) (Replaced 63 of 1970 s. 2) Cap 281 s 93 Voyages without certificated officers (1) Subject to section 92, a trawler shall not commence any voyage unless such vessel is provided with at least a duly certificated trawling master and trawler engineer and the master for the time being of any trawler contravening the provisions of this subsection shall be guilty of an offence and shall be liable on conviction to a fine of $50000 and to imprisonment for 2 years. (Amended 63 of 1970 s. 3; 73 of 1974 s. 12) (2) Any person who- (a) having been engaged as a trawling master- (i) goes to sea in command of a trawler without being entitled to do so under section 92; or (ii) uses the trawler of which he is in command for the purpose of fishing in waters in contravention of section 92;(b) having been engaged as a trawling engineer, goes to sea on a trawler without holding a certificate of competency as a trawling engineer; (c) employs any person to act as a trawling master in command of a trawler without ascertaining that such person is entitled to do so under section 92; or (d) employs any person to act as a trawling engineer on a trawler without ascertaining that such person holds a certificate of competency as a trawling engineer,shall be guilty of an offence and shall be liable on conviction to a fine of $20000 and to imprisonment for 12 months. (Replaced 63 of 1970 s. 3. Amended 73 of 1974 s. 12) Cap 281 s 94 Regulations applicable to trawlers Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) Without prejudice to the generality of other powers to make regulations conferred by this Ordinance, and without prejudice to the application of regulations made under such other powers except so far as they are inconsistent with regulations made under this section, the Chief Executive in Council may by regulation control, prescribe or provide for- (Amended 64 of 1999 s. 3) (a) the registry and conditions of sale and mortgage of trawlers, and the keeping of a trawler register and issuance of identification letters and numbers to such vessel; (b) the forms, period and conditions of agreement of crew, of reports of crew and of statements of change of crew, of wage accounts and certificates of discharge of crew, of records and reports of death, injuries, ill-treatment or punishment of crew and of every casualty to a trawler; (c) maintenance of discipline on board trawlers and also for the prevention of disorder and confusion; (d) the maintaining of a register of trawling masters and trawling engineers; (Replaced 73 of 1974 s. 4) (e) duties and obligations of the owners, agents, masters, masters for the time being, engineers and crew of trawlers and the institution of inquiries into disputes between the above persons, and of inquiries into deaths, injuries, ill-treatment or punishment of crew; (f) adequate means for preventing, by force if necessary, any trawlers from leaving, or attempting to leave the waters of Hong Kong or any port thereof in contravention of this Ordinance or of any regulations made thereunder; (Amended 61 of 1989 s. 13) (g) examination, approval of suitability and annual or periodic surveys of trawlers, including hulls, machinery and equipment, for the purpose of certifying in such form as may be prescribed that such vessels are fit for their intended service; (h) scale of manning suitable for the intended service of trawlers to ensure that trawlers are not over nor undermanned, and to ensure that trawlers are not carrying passengers, save that the Director may permit experts or observers to be signed on as members of the crew for specific purposes or duties; (i) regulation of entry of boys under 16 years of age into the sea-fishing service, and prescribing of forms of indenture and agreements with such boys and their enforcement; and (j) fees in respect of registration, permits, clearances, certificates, surveys and other documents or services relating to trawlers not otherwise provided for under this Ordinance.(2) The Director may exempt any trawler from the provisions of any regulation made hereunder if he is satisfied that compliance therewith is either impracticable or unreasonable. Cap 281 s 94A Certificates of competency for trawling masters, etc. (1) The Director shall cause examinations to be held in respect of persons who wish to obtain certificates of competency as trawling masters or trawling engineers, and shall appoint examiners for that purpose. Every such appointment shall be notified in the Gazette. (2) The Director of Marine may make rules prescribing or providing for- (a) the standards of competency to be attained and other conditions to be satisfied (subject to any exceptions allowed by or under the rules) by candidates for any examination conducted under subsection (1); (b) the procedure for and the method of conducting any such examination; (c) the subjects to be taken at any such examination for the manner in which those subjects are to be specified; (d) fees and forms in relation to any such examination; and (e) the method of granting certificates of competency and copies of such certificates.(3) The Director may publish any rules made under subsection (2) in such manner as he thinks fit, and shall, on payment of the appropriate charge, provide a copy of the rules to any person who applies to him in that behalf. (Added 73 of 1974 s. 5) Cap 281 s 95 Application of other provisions to trawlers Every trawling master, owner and agent shall comply with- (a) section 3(1)(a) as if the trawler were a ship trading within or from the waters of Hong Kong; (b) the Merchant Shipping (Seafarers) Ordinance (Cap 478) as to all matters relating to the employment and discharge of crew; and (c) the relevant regulations made under the Merchant Shipping (Seafarers) Ordinance (Cap 478) as to the provisions of medicines and medical stores on the appropriate scale as if the trawler were proceeding to a place outside Hong Kong. (Replaced 44 of 1995 s. 143) Cap 281 s 96 (Repealed-sections 96 to 107A) PARTS XIII and XIV (Repealed 76 of 1978 s. 81) Cap 281 s 107B Application, approval of insurers and interpretation Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 PART XIVA COMPULSORY THIRD PARTY RISKS INSURANCE (Amended 61 of 1989 s. 2) (1) This Part shall apply to launches, ferry vessels and pleasure vessels which are mechanically propelled. (2) Where the Director is satisfied that a protection and indemnity association established outside Hong Kong is a fit and proper body to be an authorized insurer for the purposes of this Part, he may approve such an association and shall, if he does so, notify his approval to the association and to the Insurance Authority. (3) In this Part- "authorized insurer" (获授权保险人) means- (a) an insurer authorized under the Insurance Companies Ordinance (Cap 41) to carry on insurance business of the nature specified in class 12 in Part 3 of the First Schedule to that Ordinance; (b) an association of underwriters approved by the Chief Executive in Council under section 6 of that Ordinance; (Amended 64 of 1999 s. 3) (c) the society of underwriters known in the United Kingdom as Lloyd's; or (d) an insurer approved under subsection (2);"certificate of insurance" (保险证书) means a certificate of insurance issued for the purposes of section 107M(1); "ferry vessel" (渡轮船只) means a vessel which- (a) plies regularly between 2 or more points within the waters of Hong Kong; (b) is used for commercial purposes; and (c) is required to be licensed for such use by the regulations;"launch" (小轮) means a vessel of European type not exceeding 300 tons which- (a) is designed or used for- (i) the conveyance of persons or things; (ii) towing or pushing; or (iii) any other purpose;(b) is used for commercial purposes; and (c) is required to be licensed for such use by the regulations, but does not include a vessel which is a pleasure vessel;"owner" (船东) in relation to a vessel to which this Part applies includes a person who is deemed to be the owner of the vessel for the purpose of any regulations requiring that vessel to be licensed and in relation to a launch or ferry vessel also includes a charterer of the vessel; "pleasure vessel" (游乐船只) means any vessel which is- (a) possessed or used exclusively for pleasure purposes; and (b) required by the regulations to be licensed as a pleasure vessel, and, for the purposes of the application of this Part to such a vessel, it shall be deemed to be mechanically propelled if it has an engine installed on it or carried on it, or is designed to have an engine installed on it or carried on it, whereby it may be so propelled;"protection and indemnity association" (保障及弥偿组织) means an association established by shipowners to provide mutual indemnity for its members against losses and liabilities incident to marine adventure; "regulations" (规例) means regulations made or deemed to have been made under section 33 of the Shipping and Port Control Ordinance (Cap 313). (Replaced 61 of 1989 s. 3) Cap 281 s 107C Obligation on users of vessels to be insured against third party risks (1) No owner of a vessel to which this Part applies may use, or cause or permit any other person to use, that vessel in the waters of Hong Kong unless there is in force in relation to the user of the vessel by such owner or that other person, as the case may be, such policy of insurance as complies with section 107D. (2) If a person contravenes subsection (1) he commits an offence and is liable where the offence relates to the use of- (a) a launch or ferry vessel, to a fine of $100000 and to imprisonment for 2 years; or (b) a vessel other than a launch or ferry vessel, to a fine of $15000 and to imprisonment for 12 months. (Amended 61 of 1989 ss. 4 & 13) Cap 281 s 107D Requirements in respect of policies (1) For the purposes of section 107C(1) a policy of insurance must be a policy which- (a) is issued by an authorized insurer; (Amended 61 of 1989 s. 5) (aa) is expressed to be- (i) governed by the law of Hong Kong; and (ii) issued or given for the purposes of section 107C; and (Added 61 of 1989 s. 5)(b) insures such person, persons or classes of persons as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of or bodily injury to any person caused by or arising out of the use of the vessel in the waters of Hong Kong: (Amended 61 of 1989 ss. 5 & 13) Provided that such a policy shall not be required to cover- (i) liability in respect of the death arising out of and in the course of his employment of a person in the employment of a person insured by the policy or of bodily injury sustained by such a person arising out of and in the course of his employment; or (ii) any contractual liability; or (iii) any liability in respect of any one accident or series of accidents arising out of the same event exceeding such amount as shall be prescribed. (Amended 61 of 1989 s. 5)(2) Notwithstanding anything in any law, an authorized insurer issuing a policy of insurance under this section shall be liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons. (3) A policy which is issued for the purposes of section 107C shall be governed by the law of Hong Kong. (Added 61 of 1989 s. 5) Cap 281 s 107E Certain conditions to policies to be of no effect (1) Subject to subsection (2) any condition in a policy issued or given for the purposes of section 107C providing that no liability shall arise under the policy or that any liability so arising shall cease, in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy, shall be of no effect in connection with such claims as are mentioned in section 107D(1)(b). (2) Nothing in this section shall be taken to render void any provisions in a policy requiring the person insured to repay to the insurer any sums which the latter may have become liable to pay under the policy and which have been applied to the satisfaction of the claims of third parties. Cap 281 s 107F Duty of insurers to satisfy judgments against persons insured in respect of third party risks Remarks: Adapation amendments retroactively made - see 25 of 1998 s. 2 (1) If, after a policy has been effected, judgment in respect of any such liability as is required to be covered by such policy under section 107D(1)(b) (being a liability covered by the terms of the policy) is obtained against any person insured by the policy, then, notwithstanding that the authorized insurer may be entitled to avoid or cancel, or may have avoided or cancelled, the policy, the authorized insurer shall, subject to this section, pay to the persons entitled to the benefit of the judgment any sum payable thereunder in respect of the liability, including any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any law relating to interest on judgments: Provided that where the liability covered by the policy is limited as provided by paragraph (iii) of the proviso to section 107D(1)(b) the authorized insurer shall not be required to pay any sum in excess of the limit so provided. (Amended 61 of 1989 s. 6) (2) No sum shall be payable by an authorized insurer under subsection (1)- (a) in respect of any judgment, unless before or within 7 days after the commencement of the proceedings in which the judgment was given, the authorized insurer had notice of the bringing of the proceedings; or (b) in respect of any judgment, so long as execution there on is stayed pending an appeal; or (c) in connection with any liability, if before the happening of the event which was the cause of the death or bodily injury giving rise to the liability the policy was cancelled by mutual consent or by virtue of any provision contained therein, and either- (i) before the happening of the said event the policy was surrendered to the authorized insurer, or the person in whose favour the policy was issued made a statutory declaration stating that the policy had been lost or destroyed; or (ii) after the happening of the said event, but before the expiration of a period of 14 days from the taking effect of the cancellation of the policy, the policy was surrendered to the authorized insurer, or the person in whose favour the policy was issued made such a statutory declaration as aforesaid.(3) No sum shall be payable by an authorized insurer under this section if, in an action commenced before, or within 3 months after, the commencement of the proceedings in which the judgement was given, he has obtained a declaration that, apart from any provision contained in the policy, he is entitled to avoid it on the ground that it was obtained by the non-disclosure of a material fact, or by a representation of fact which was false in some material particular, or, if he has avoided the policy on that ground, that he was entitled so to do apart from any provision contained in it: Provided that an authorized insurer who has obtained such a declaration as aforesaid in an action shall not thereby become entitled to the benefit of this subsection as respects any judgement obtained in proceedings commenced before the commencement of that action, unless before or within 7 days after the commencement of that action he has given notice thereof to the person who is the plaintiff in the said proceedings specifying the non-disclosure or false representation on which he proposes to rely, and any person to whom notice of such an action is so given shall be entitled, if he thinks fit, to be made a party thereto. (4) If the amount which an authorized insurer becomes liable under this section to pay in respect of a liability of a person insured by a policy exceeds the amount for which he would, apart from this section, be liable under the policy in respect of that liability, he shall be entitled to recover the excess from that person. (5) In this section, the expression "material" (具关键性) means of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk, and, if so, at what premium and on what conditions; and the expression "liability covered by the terms of the policy" (保险单条款承保的法律责任) means a liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy. (6) The Court of First Instance has power to hear and determine a claim under subsection (1) against an authorized insurer notwithstanding that the authorized insurer is not within the jurisdiction of the Court. (Added 61 of 1989 s. 6. Amended 25 of 1998 s. 2) Cap 281 s 107G Bankruptcy, etc., of insured persons not to affect certain claims by third parties Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where a policy of insurance has been issued under section 107D in favour of any person, the happening in relation to any person insured by the policy of any such event as is mentioned in subsection (1) or (2) of section 2 of the Third Parties (Rights against Insurers) Ordinance (Cap 273) shall, notwithstanding anything in that Ordinance, not affect any such liability of that person as is required to be covered by a policy under section 107D(1)(b), but nothing in this section shall affect any rights against the authorized insurer conferred by that Ordinance on the person to whom the liability was incurred. (Amended 61 of 1989 s. 7) (2) Where the rights of an insured person against an authorized insurer under a contract of insurance issued for the purpose of section 107C(1) are by virtue of section 2 of the Third Parties (Rights against Insurers) Ordinance (Cap 273) transferred to and vested in a third party, the Court of First Instance has power to hear and determine a claim by the third party against the authorized insurer under the contract of insurance notwithstanding that the authorized insurer is not within the jurisdiction of the Court. (Added 61 of 1989 s. 7. Amended 25 of 1998 s. 2) Cap 281 s 107H Avoidance of restrictions on scope of policies covering third party risks (1) Where a policy of insurance has been issued under section 107D in favour of any person, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any of the following matters- (a) the age or physical or mental condition of persons in charge of the vessel; or (Amended 61 of 1989 s. 8) (b) the condition of the vessel; or (c) the number of persons that the vessel carries; or (d) the times at which or the areas within which the vessel is used; or (e) the horsepower or value of the vessel's engine; or (f) the carrying on the vessel of any particular apparatus; or (g) the carrying on the vessel of any particular means of identification other than any means of identification required to be carried by or under this Ordinance or any regulations made hereunder,shall, as respect such liabilities as are required to be covered by a policy under section 107D(1)(b), be of no effect: (Amended L.N. 386 of 1993) Provided that nothing in this section shall require an authorized insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an authorized insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this section shall be recoverable by the insurer from that person. (2) Where a person uses, or causes or permits any person to use, a vessel to which this Part applies in the waters of Hong Kong in such circumstances that under section 107C there is required to be in force in relation to his use of it such a policy of insurance in respect of third party risks as complies with the requirements of this Part, then, if any other person is carried aboard the vessel while the user is so using it, any antecedent agreement or understanding between them (whether intended to be legally binding or not) shall be of no effect so far as it purports or might be held- (Amended 61 of 1989 ss. 8 & 13) (a) to negative or restrict any such liability of the user in respect of persons carried in or upon the vessel as is required by section 107D(1)(b) to be covered by a policy of insurance; or (b) to impose any conditions with respect to the enforcement of any such liability of the user,and the fact that a person so carried has willingly accepted as his the risk of negligence on the part of the user shall not be treated as negativing any such liability of the user. (3) For the purposes of subsection (2)- (a) references to a person being carried aboard a vessel include references to a person boarding or disembarking from, the vessel; and (Amended 61 of 1989 s. 8) (b) the reference to any antecedent agreement is to one made at any time before the liability arose. Cap 281 s 107I Duty of person against whom claims are made to give information as to insurance (1) Any person against whom a claim is made in respect of any such liability as is required to be covered by a policy under section 107D(1)(b) shall, on demand by or on behalf of the person making the claim, state whether or not he was insured in respect of that liability by any policy having effect for the purpose of this Part, or would have been so insured if the authorized insurer had not avoided or cancelled the policy, and, if he was or would have been so insured, give particulars with respect to that policy. (2) If, without reasonable excuse, any person fails to comply with subsection (1), or wilfully makes any false statement in reply to any such demand, he commits an offence and is liable to a fine of $5000 and to imprisonment for 3 months. (Amended 61 of 1989 s. 11) Cap 281 s 107J Requirements as to production of policy The owner of a vessel to which this Part applies which is being used in the waters of Hong Kong, or any person so using such a vessel, shall, on being so required by any police officer, the Director or any officer authorized by the Director, produce his policy of insurance, and if he fails to do so he commits an offence and is liable to a fine of $5000 and to imprisonment for 3 months: Provided that, if the owner of the vessel or the person using it within 5 days after the date on which the production of the policy of insurance was so required, produces the policy of insurance or satisfactory evidence that a policy has been effected, in person at such place as may have been specified by him at the time the production of the policy was required, he shall not be convicted under this section of the offence of failing to produce the policy. (Amended 61 of 1989 ss. 9, 11 & 13) Cap 281 s 107K Records of insurance (1) Every authorized insurer by whom a policy is issued for the purposes of this Part shall keep a record of the following particulars relative thereto- (a) the full name and address of the person to whom the policy is issued; (b) the description of the type of the pleasure vessel to which the policy relates and, where known, the name and licence number of the vessel; (c) the date on which the policy comes into force and the date on which it expires; (d) the conditions subject to which the persons or classes of persons specified in the policy will be indemnified,and every such record shall be preserved for 1 year from the date of expiry of the policy. (2) Every authorized insurer by whom records are required to be kept under subsection (1) shall, without charge, furnish to the Director or the Commissioner of Police on request any particulars thereof. Cap 281 s 107L Termination of policy Where to the knowledge of an authorized insurer a policy issued by him for the purposes of this Part ceases to be effective without the consent of the person to whom it was issued otherwise than by effluxion of time or by reason of his death, the insurer shall forthwith notify the Director and the Commissioner of Police of the date on which the policy ceased to be effective. Cap 281 s 107M Certificate of insurance (1) When an insurer issues a policy of insurance for the purposes of section 107C(1) he shall at the same time issue with it a certificate of insurance. (2) A certificate of insurance shall be in the prescribed form and shall contain such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed. (3) The owner of a launch or ferry vessel shall ensure that whenever the vessel is in use a copy of the current certificate of insurance relating to the vessel, certified by the Director in such manner as he may determine as being such a copy, is displayed on the vessel in a place where it is conspicuous and is easily legible. (4) Any person who in compliance or purported compliance with this section displays on any vessel any document which is, or purports to be, a copy of a certificate of insurance which is either not such a copy or which has been falsified in any material particular commits an offence and is liable to a fine of $5000 or to imprisonment for 6 months. (5) An insurer who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5000 or to imprisonment for 3 months. (6) The owner of a launch or ferry vessel who, without reasonable excuse, fails to comply with subsection (3) commits an offence and is liable to a fine of $2500 or to imprisonment for 1 month. (7) Where a certificate of insurance ceases to be current during the period for which it is expressed to be valid no prosecution shall be brought under subsection (6) in respect of anything done or omitted to be done within 7 days of such cesser. (8) For the purposes of subsection (7), a certificate of insurance ceases to be current during the period for which it is expressed if the policy of insurance in respect of which it is issued ceases to be in force in relation to the vessel concerned. (Replaced 61 of 1989 s. 10) Cap 281 s 107N Offences and penalties Any authorized insurer who contravenes section 107K or 107L commits an offence and is liable to a fine of $5000 and to imprisonment for 3 months. (Amended 61 of 1989 s. 11) (Part XIVA added 65 of 1978 s. 2) Cap 281 s 108 Power to detain ship in certain cases PART XV DETENTION OF SHIP IN CERTAIN EVENTS Where under this Ordinance it is enacted that, under certain conditions, a ship shall not leave the waters of or any port of Hong Kong, the Director may under such conditions detain the ship until he is satisfied that the provisions of the law have been fulfilled. (Amended 61 of 1989 s. 13) [cf. 1894 c. 60 s. 692(3) U.K.] Cap 281 s 109 Penalty for taking detained ship to sea (1) Where under this Ordinance a ship is authorized or ordered to be detained, if the ship, after such detention or after service on the master of any notice of or order for such detention, proceeds or attempts to proceed to sea before having been released by competent authority, the master of the ship, and also the owner or agent, and any person who sends the ship to sea, if such owner, agent or person is party or privy to the offence, shall be guilty of an offence and shall be liable on conviction to a fine of $50000 and to imprisonment for 2 years. (Amended 73 of 1974 s. 12) (2) Where a ship proceeds to sea in contravention of subsection (1) whilst having on board a public officer who is acting in the execution of his duty, the master and owner of the ship- (a) in addition to any penalty to which he may be liable under subsection (1), shall each be guilty of an offence against this subsection and shall each be liable on conviction to imprisonment for 6 months and to a fine of $20000 and an additional fine of $1000 for each day during the period from the date on which the ship proceeded to sea until the date on which the officer is returned to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable route; and (b) shall be jointly and severally liable to pay all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong,and all such expenses may be recovered in the same manner as a fine. (Replaced 73 of 1974 s. 12) [cf. 1894 c. 60 s. 692(1) U.K.] Cap 281 s 110 (Repealed 23 of 1998 s. 2) Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2 Cap 281 s 111 (Repealed 5 of 1971 s. 13) PART XVI EVIDENCE, REGULATIONS AND FEES Cap 281 s 112 Use of official log and articles of agreement as evidence In any proceeding in court against any person for a breach of the provisions of this Ordinance, all entries in the official log and the articles of agreement shall be received in evidence subject to all just exceptions. [cf. 1894 c. 60 s. 239(6) U.K.] Cap 281 s 113 Service of documents (1) Where, for the purposes of this Ordinance, any document is to be served on any person, that document may be served- (a) in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode; (b) if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the same for him on board that ship with the person being or appearing to be in charge or command of the ship; and (c) if the document is to be served on the master of a ship, where there is no master and the ship is in Hong Kong on the managing owner of the ship, or if there is no managing owner on some agent of the owner residing in Hong Kong, or where no such agent is known or can be found by affixing a copy thereof to the mast of the ship. (Amended 61 of 1989 s. 13)(2) Any person who obstructs the service under this Ordinance of a document on the master of a ship shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (3) Any owner, agent or master of a ship who is party or privy to an offence against subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine of $50000 and to imprisonment for 2 years. (Amended 73 of 1974 s. 12) [cf. 1894 c. 60 s. 696(1) U.K.] Cap 281 s 114 Regulations. General powers Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2; 64 of 1999 s. 3 (1) In addition to the powers hereinbefore given the Chief Executive in Council may by regulation control, prescribe or provide for- (Amended L.N. 100 of 1984; 64 of 1999 s. 3) (a) prohibiting, restricting or regulating in any manner whatsoever the embarkation or landing of persons or things on or from vessels of all kinds including the ships of war of any foreign state; (Amended 23 of 1998 s. 2) (b) forms to be used for the purpose of this Ordinance or of regulations under the Ordinance; (c) fees to be paid in respect of the grant of certificates, clearances, licences, permits and other documents, or the performance of services or surveys or grant of facilities under this Ordinance or the Merchant Shipping (Safety) Ordinance (Cap 369); (Amended 17 of 1965 s. 61; 52 of 1977 s. 3; 74 of 1990 s. 104; 20 of 1996 s. 9) (d) fees to be paid whenever either by or under this Ordinance or otherwise the official signature of the Director to any certificate, authorization, consent, licence, permit or exemption, or to any alteration, transfer or renewal thereof, addition thereto or endorsement thereon, is requested or required, or whenever a search of the registers of his department is granted; (Added 37 of 1959 s. 19) (e) evidence to be produced by any person as to compliance with Part XIVA on application for a licence under any such regulations as are referred to in section 107B or on the production of such a licence or otherwise; (Replaced 61 of 1989 s. 12) (f) anything required or permitted to be prescribed by this Ordinance; or (Added 61 of 1989 s. 12) (g) generally for the better and more effectual carrying out of the provisions of this Ordinance. (Added 61 of 1989 s. 12)(2) Any regulations made under this Ordinance may prescribe offences in respect of contraventions of those regulations, and may provide for the imposition in respect of any such offence of a fine not exceeding $50000 and of imprisonment for a period not exceeding 2 years. (Replaced 73 of 1974 s. 12) (3) Any regulations made under this Ordinance may- (a) make different provisions for different circumstances and provide for a particular case or class of cases; (b) be made so as to apply only in such circumstances as are prescribed by the regulations; (c) provide in respect of any provision thereof that the Director of Marine may amend that provision by notice in the Gazette; and (d) provide that in such cases as are prescribed by the regulations a ship shall be liable to be detained or delayed by such person as may be prescribed by the regulations. (Added 30 of 1984 s. 5)(4) Any fees prescribed under this Ordinance, or by virtue of section 35 of the Shipping and Port Control Ordinance (Cap 313)- (a) may be fixed at levels which provide for the recovery of expenditure incurred or likely to be incurred by the Government or other authority in relation generally to the administration, regulation and control of ports, vessels and navigation in the waters of Hong Kong, and shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service, facility or matter; and (b) may, without prejudice to the generality of paragraph (a), be fixed at different amounts in relation to different sizes of vessel, whether measured by tonnage, length or otherwise, or in relation to different classes, types or descriptions of service, facility, licence or vessel. (Added 25 of 1986 s. 3) Cap 281 s 115 Payment of remuneration to certain persons Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) There may be paid out of the revenue to any officer or person appointed under this Ordinance, or to any member of a marine court or court of survey, or to any assessor, such remuneration as this Ordinance directs, or in so far as this Ordinance does not extend as the Chief Executive may direct. (2) There may be paid out of the revenue all costs and compensation payable by the Chief Executive or the Government in pursuance of this Ordinance. (3) The fees prescribed by the Chief Executive in Council are hereby declared to be payable to the Director, and the same and all other fees payable under this Ordinance may be recovered in the District Court as a civil debt. (Amended 17 of 1965 s. 62; 35 of 1969 Schedule) (Amended 64 of 1999 s. 3) Cap 281 s 116 (Repealed 76 of 1978 s. 81) Cap 281 s 117 Prosecution of offences PART XVII APPLICATION, EXEMPTIONS AND CONSEQUENTIAL PROVISIONS (1) (Repealed 64 of 1999 s. 3) (2) Any offence under this Ordinance may be prosecuted, heard and determined summarily by any magistrate in accordance with the provisions of the Magistrates Ordinance (Cap 227). (Amended 63 of 1970 s. 5; 50 of 1991 s. 4; 64 of 1999 s. 3) [cf. 1932 c. 9 s. 72 U.K.] Cap 281 s 118 Dispensing power and exemption Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2; 64 of 1999 s. 3 (1) The Chief Executive may, if he thinks fit, and upon such conditions (if any) as he thinks fit to impose, exempt any vessel from any specified requirement contained in, or prescribed in pursuance of, this Ordinance, or dispense with the observance of any such requirement in the case of any vessel, if he is satisfied that that requirement has been substantially complied with in the case of that vessel, or that compliance with the requirement is unnecessary in the circumstances of the case, and that the action taken or provision made as respects the subject matter of the requirement in the