【法规名称】
【法规编号】 58660 什么是编号？
【正 文】
第8页 CAP 548D MERCHANT SHIPPING (LOCAL VESSELS) (CERTIFICATION AND LICENSING) REGULATION
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[接上页] (a) the name, shore address in Hong Kong and telephone number of the new owner; (b) the certificate of ownership number of the vessel; (c) the date of the transfer of ownership; and (d) 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 written consent to the transfer, signed by each party, other than the original owner, to the mortgage or hire-purchase agreement (as the case may be).(3) A person who without reasonable excuse contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 3. (4) On receipt of the certificate and the licence or permission delivered under subsection (1)(b), the Director— (a) shall cancel the certificate; and (b) shall cancel the licence or revoke the permission unless the licence or permission is endorsed under section 23(1)(b)(i). Cap 548D s 23 Certificate of ownership, full licence, etc. in favour of new owner after transfer of local vessel Remarks: not yet in operation (1) Where the ownership of a certificated local vessel is transferred, the Director may on an application under subsection (2) and if satisfied that the person named in the application as the new owner of the vessel is eligible to be named as the owner of the vessel in a certificate of ownership under section 9(a) and is a person referred to in section 12(1)(a) or (b) of the Ordinance— (a) issue a certificate of ownership in respect of the vessel in which the person is named as the owner; and (b) either— (i) make an endorsement on any full licence, temporary licence or permission for a laid-up vessel (as applicable) in respect of the vessel to reflect the transfer of ownership; or (ii) issue a full licence or temporary licence or grant permission for a laid-up vessel (as applicable) in respect of the vessel in which the person is named as the owner.(2) An application for the purpose of subsection (1)— (a) may be made by the new owner of the vessel to whom it is transferred or his agent; (b) shall be made in writing within 7 working days after the transfer and either at the time a notice of transfer under section 22 is delivered or after its delivery; (c) shall contain— (i) the name, shore address in Hong Kong and telephone number of the new owner; (ii) the certificate of ownership number of the vessel; and (iii) if the new owner of the vessel is an individual, a declaration made by the new owner that he is ordinarily resident in Hong Kong; and(d) shall be accompanied by— (i) the document of identification of the new owner, or a certified copy of it; (ii) in the case of an application for endorsement or issue of a full licence or temporary licence under subsection (1), such policy of insurance in respect of third party risks as is required for the vessel under the Insurance Regulation, or a certified copy of that policy of insurance; and (iii) the prescribed fee.(3) The Director may require an applicant to provide such other information and documents as may be reasonably required for determining the application. (4) The Director may grant an application under subsection (2) on being satisfied of the matters referred to in subsection (1), even if the original owner of the vessel and his agent fail to comply with section 22(1)(b). (5) If the Director refuses an application under subsection (2), he shall notify the applicant of the refusal and the reasons therefor. (L.N. 63 of 2004) (6) Where the ownership of a local vessel has been transferred, no person shall operate the vessel, and the new owner of the vessel, his agent, the coxswain shall not permit the vessel to operate, after the expiration of 7 working days after the transfer, unless, in accordance with this section— (a) a certificate of ownership is issued in respect of the vessel in which the new owner is named as the owner; and (b) a full licence or temporary licence is endorsed to reflect the transfer in favour of the new owner, or a full licence or temporary licence is issued to the new owner. (L.N. 63 of 2004)(7) Any person who without reasonable excuse contravenes subsection (6) commits an offence and is liable on conviction to a fine at level 3. (L.N. 63 of 2004) Cap 548D s 24 Certificate of ownership and other documents ceasing to have effect on death or dissolution of owner, etc. Remarks: not yet in operation Cessation of certificate of ownership on death or dissolution of owner, etc.; interim ownership The certificate of ownership of a local vessel, and a full licence, temporary licence or permission for a laid-up vessel for the vessel, shall cease to have effect— (a) unless otherwise provided for in section 23 or 26 (including, in the case of section 23, that section as applied by section 29), on the death of the individual named as the owner of the vessel in the certificate of ownership; (b) on the dissolution of the company or overseas company within the meaning of the Companies Ordinance (Cap 32) that is named as the owner of the vessel in the certificate of ownership; |
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