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[接上页] (c) on the person named as the owner of the vessel in the certificate of ownership ceasing to be a person referred to in section 12(1)(a) or (b) of the Ordinance; or (d) on the vessel being despatched permanently from Hong Kong or being broken up or destroyed. Cap 548D s 25 Notice of death or dissolution of owner, etc. Remarks: not yet in operation (1) Where an individual who is named in the certificate of ownership as the owner of a local vessel has died ("deceased owner"), a person who is entitled to the vessel on his death (whether under a will of the deceased owner, on his intestacy, or otherwise) shall, within 30 days after the death, notify the Director in writing of the fact. (2) Where a company or overseas company within the meaning of the Companies Ordinance (Cap 32) named in the certificate of ownership as the owner of a local vessel has been dissolved, every person who, immediately before the dissolution, was a director of or an officer concerned in the management of the company shall, within 7 working days after the dissolution, notify the Director in writing of the fact. (3) Where a person who is named as the owner in the certificate of ownership in respect of a local vessel ceases to be a person referred to in section 12(1)(a) or (b) of the Ordinance, the person shall, either by himself or through his agent and within 7 working days after the cessation, notify the Director in writing of the fact. (4) Where a local vessel has been despatched permanently from Hong Kong or has been broken up or destroyed after a certificate of ownership was issued, the owner of the vessel shall, either by himself or through his agent and within 7 working days after the despatch, breaking up or destruction, notify the Director in writing of the fact. (5) A person who is required to give a notice under subsection (1), (2), (3) or (4) in respect of a local vessel shall at the time of giving the notice— (a) deliver to the Director the certificate of ownership together with the full licence, temporary licence or permission for a laid-up vessel (as applicable) in respect of the vessel; and (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, send a copy of the notice to each party, other than the person by or for whom the notice is given, to the mortgage or hire-purchase agreement (as the case may be).(6) A person who without reasonable excuse contravenes subsection (1), (2), (3), (4) or (5) commits an offence and is liable on conviction to a fine at level 2. (7) On receipt of the certificate and the licence or permission delivered under this section, the Director shall cancel the certificate and shall cancel the licence or revoke the permission, unless the certificate and the licence or permission are endorsed under section 23 (as applied by section 29) or under section 26. Cap 548D s 26 Person entitled to local vessel on ownerˇs death may be interim owner Remarks: not yet in operation (1) After the death of the individual named as the owner of a local vessel in the certificate of ownership ("deceased owner"), if an application is made under subsection (2) and the applicant satisfies the Director that the applicant is a person mentioned in subsection (2), the Director — (a) may make an endorsement on any certificate of ownership and on a full licence, temporary licence or permission for a laid-up vessel (as applicable) issued to the deceased owner in respect of the vessel to the effect that the applicant is the interim owner of the vessel; or (b) may issue a certificate of ownership, and may issue a full licence or temporary licence or grant permission for a laid-up vessel (as applicable), in which the applicant is named as the interim owner of the vessel.(2) An application for the purpose of subsection (1) may be made by a person referred to in section 12(1)(a) or (b) of the Ordinance— (a) who is entitled to the vessel on the death of the deceased owner (whether under a will of the deceased owner, on his intestacy, or otherwise); or (b) whom all the persons having an interest in the estate of the deceased owner appoint in writing to operate the vessel.(3) An application shall be made in writing and— (a) shall contain— (i) the name, shore address in Hong Kong and telephone number of the applicant; (ii) the certificate of ownership number of the vessel; (iii) if the applicant is an individual, a declaration made by the applicant that he is ordinarily resident in Hong Kong; (iv) 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 applicant being named as interim owner of the vessel, signed by each party, other than the deceased owner, to the mortgage or hire-purchase agreement (as the case may be); and(b) shall be accompanied by— (i) the document of identification of the applicant, or a certified copy of it, and proof for the claim that the applicant is a person referred to in subsection (2); |