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[接上页] (b) if paragraph (a) does not apply, be treated as if they were omitted.(4) On receipt of the certificate and the licence or permission delivered under subsection (3), the Director— (a) shall cancel the certificate; and (b) shall cancel the licence or revoke the permission unless it is endorsed under section 23(1)(b)(i) (as applied by subsection (1) of this section). Cap 548D s 30 Director may require return of certificate of ownership, etc. that cease to have effect because of section 24 Remarks: not yet in operation (1) Without prejudice to section 25, if the Director is satisfied that the certificate of ownership, and the full licence, temporary licence or permission for a laid-up vessel, in respect of a local vessel have ceased to have effect because of section 24, he may by written notice given to the owner and, if it appears to the Director that those documents are in the possession of any other person, to that person— (a) inform the owner and that person that the Director is so satisfied; and (b) require the owner or that person (as the case may be) to deliver to the Director, within 7 working days after the notice is given, the documents.(2) Where an endorsement as to a mortgage of or as to a hire-purchase agreement for the vessel is made on the certificate of ownership, the Director shall send a copy of the notice referred to in subsection (1) to each party, other than the owner, to the mortgage or hire-purchase agreement (as the case may be). (3) Any person who without reasonable excuse fails to comply with a notice given under subsection (1) commits an offence and is liable on conviction to a fine at level 3. Cap 548D s 31 Cancellation of certificate of ownership, etc. at ownerˇs request Remarks: not yet in operation (1) At the request of the owner of a local vessel, the Director may cancel the certificate of ownership and may cancel the full licence, temporary licence or revoke the permission for a laid-up vessel (as applicable) of the vessel. (2) For the purpose of subsection (1), the owner’s request shall be in writing and— (a) shall state the reason for the request for cancellation and revocation (if applicable) and how the owner proposes to dispose of the vessel; (b) where an endorsement as to a mortgage of or as to a hire-purchase agreement for the vessel is made on the certificate of ownership, shall contain the written consent to the cancellation and revocation (if applicable) signed by each party, other than the owner, to the mortgage or hire-purchase agreement (as the case may be); and (c) shall be accompanied by the certificate of ownership, and the full licence, temporary licence or permission for a laid-up vessel (as applicable), of the vessel. Cap 548D s 32 Suspension of full licence, temporary licence after cancellation or suspension of certificate of survey Remarks: not yet in operation Cancellation or suspension of full licence or temporary licence If the certificate of survey in respect of a local vessel is cancelled or suspended for any reason, the full licence or temporary licence for the vessel shall be deemed to be suspended until a certificate of survey is in force in respect of the vessel. Cap 548D s 33 Suspension of full licence or temporary licence after damage of vessel Remarks: not yet in operation (1) Where a local vessel sustains damage that may affect its seaworthiness or affect the safety of persons on board, the owner, his agent and the coxswain shall report the occurrence forthwith to the Director. (2) Having regard to the nature and extent of the damage reported under subsection (1), the Director may give a direction either orally or in writing to the owner, his agent or the coxswain that the vessel shall not operate until a Government surveyor or ship inspector has inspected the vessel and has found that the vessel is seaworthy and the safety of persons on board the vessel will not be at risk. (3) If a Government surveyor or ship inspector, finds on inspection that the vessel is unseaworthy or unsafe, he shall notify the Director of the findings and the Director may by written notice given to the owner, his agent or the coxswain specifying the findings, suspend— (a) the certificate of survey (if any); and (b) the full licence or temporary licence,and the owner, his agent or the coxswain to whom the notice is given shall forthwith deliver the certificate and licence that are suspended to the Director. (4) The owner, his agent or the coxswain may, after proper repairs to the vessel and on payment of the prescribed fee, apply for the vessel to be re-inspected by a Government surveyor or ship inspector. (5) If a Government surveyor or ship inspector finds on re-inspection that the vessel is seaworthy and the safety of persons on board the vessel will not be at risk, he shall notify the Director of the findings and the Director shall terminate the suspension of the certificate of survey and the full licence or temporary licence under subsection (3) and return the certificate and the licence to the owner, his agent or the coxswain by whom they were delivered. |