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[接上页] Remarks: not yet in operation (1) An agent who resigns shall forthwith give a written notice of the resignation, signed by him, to the person who appointed him and shall send a copy of the notice to the Director. (2) An agent shall, if he ceases to meet the requirements in section 7(2), forthwith resign in the manner stated in subsection (1). (3) If the Director is satisfied that an agent appointed in relation to a local vessel ceases to meet the requirements in section 7(2), the Director may, by written notice to the agent and the person who appointed the agent, inform them that the appointment of the agent ceases to be accepted as valid. (4) A person who revokes the appointment of his agent shall forthwith give written notice of the revocation, signed by him, to the agent and shall send a copy of the notice to the Director. (5) A person appointed as an agent for the certificated owner of a local vessel or for a person applying for certification as the owner of a local vessel remains liable under this Regulation as such agent even if he has resigned or has ceased to meet the requirements in section 7(2) or has his appointment revoked, and an act by him purporting to be such agent remains binding on the person who appointed him, until— (a) notice of the resignation, or of the revocation of the appointment, is received by the Director; or (b) in the case of his ceasing to meet the requirements in section 7(2)— (i) he resigns in the manner stated in subsection (1); or (ii) a notice of cessation of validity of appointment is given by the Director under subsection (3).(6) If the certificate of ownership of a local vessel is in the possession of an agent appointed in respect of the vessel when— (a) he gives a notice of resignation under subsection (1); or (b) he receives a notice of cessation of validity of appointment under subsection (3) or a notice of revocation under subsection (4),he shall, at the time he gives the relevant notice or within 7 working days after he receives the relevant notice (as the case may be), return the certificate of ownership to the person who appointed him. (7) The certificated owner of the vessel shall deliver the certificate of ownership on which particulars of an agent appointed by him are endorsed to the Director, and pay the prescribed fee, for Director’s endorsement of the termination of appointment of the agent— (a) unless subsection (6) applies— (i) within 7 working days after he receives a notice of resignation under subsection (1) or a notice of cessation of validity of appointment under subsection (3) (as the case may be); or (ii) at the time he gives a notice of revocation under subsection (4); or(b) if subsection (6) applies, within 7 working days after he receives the certificate of ownership from the agent.(8) A person who, without reasonable excuse, contravenes subsection (1), (2), (4), (6) or (7) commits an offence and is liable on conviction to a fine at level 2. Cap 548D s 9 Eligibility for certification as the owner Remarks: not yet in operation Certificate of ownership: Application, issue and endorsements A person is eligible to be named as the owner of a local vessel in the certificate of ownership in respect of the vessel if the person— (a) owns the vessel; or (b) is the person to whom the vessel is let under a hire-purchase agreement in respect of the vessel and is entitled to possession of the vessel. Cap 548D s 10 Application for certificate of ownership Remarks: not yet in operation (1) The Director may, on application, issue a certificate of ownership in respect of a local vessel in the name of a person as the owner for a class and a type if the Director is satisfied— (a) that the person— (i) is eligible to be named as the owner of the vessel under section 9; and (ii) is a person referred to in section 12(1)(a) or (b) of the Ordinance; and(b) that the vessel is constructed for operation as a local vessel of that class and that type.(2) An application for the purpose of subsection (1) may be made by a person who meets the requirements in subsection (1)(a) or the person's agent. (3) An application— (a) shall be made to the Director in the specified form; and (b) shall be made at the time when an application for a full licence, temporary licence or permission for a laid-up vessel is made.(4) An application shall indicate the class and the type that the vessel is to be certificated for and— (a) shall contain— (i) the name, shore address in Hong Kong and telephone number of the person who is to be named as the owner; (ii) a general description and the technical particulars of the vessel; (iii) a declaration made by the applicant that the general description and the technical particulars of the vessel contained in the application are correct; (iv) if the person who is to be named as the owner is an individual, a declaration made by the person that he is ordinarily resident in Hong Kong; (v) the year and place of construction of the vessel; (L.N. 63 of 2004) |