【法规名称】
【法规编号】 58726 什么是编号？
【正 文】
CAP 478F MERCHANT SHIPPING (SEAFARERS) (RETURNS OF BIRTHS, DEATHS AND MISSING PERSONS) REGULATION
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(Cap 478 sections 121 and 134) [2 September 1996] (L.N. 580 of 1995) Cap 478F s 1 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 478F s 2 Application This Regulation shall not apply to a fishing vessel except a trawler to which Part XII of the Merchant Shipping Ordinance (Cap 281) applies. (Enacted 1995) Cap 478F s 3 Birth in Hong Kong ship Where a child is born in a Hong Kong ship, the master of the ship shall make a return of the birth in accordance with sections 7 and 8. (Enacted 1995) Cap 478F s 4 Death in Hong Kong ship and death of seafarer employed in Hong Kong ship Where- (a) any person dies in a Hong Kong ship; or (b) any person employed in a Hong Kong ship dies outside Hong Kong, whether or not such death occurs in the ship,the master of the ship shall- (i) make a return of the death in accordance with sections 7 and 8; and (ii) as soon as practicable but, in any case, not later than 3 days after the death, notify the death to such person, if any, as the deceased has named to him as his next of kin. (Enacted 1995) Cap 478F s 5 Person missing from Hong Kong ship Where any person is missing from a Hong Kong ship, the master of the ship shall make a return of the missing person in accordance with sections 7 and 8. (Enacted 1995) Cap 478F s 6 Birth and death in, and person missing from, ship other than Hong Kong ship (1) Where- (a) any birth of a child to, or death of, a person who holds an identity card occurs in the course of a voyage in a ship other than a Hong Kong ship; and (b) the ship thereafter enters the waters of Hong Kong in the course of or at the end of the voyage during which the birth or death occurs,the master of the ship shall make a return of the birth or of the death in accordance with sections 7 and 8. (2) Where- (a) any person who holds an identity card is missing in the course of a voyage in a ship other than a Hong Kong ship; and (b) the ship thereafter enters the waters of Hong Kong in the course of or at the end of the voyage during which the person is missing,the master of the ship shall make a return of the missing person in accordance with sections 7 and 8. (Enacted 1995) Cap 478F s 7 Returns of births, deaths and missing persons (1) Any return of a birth, death or missing person required to be made under section 3, 4 or 5 shall be made by the master of the ship to the Superintendent as soon as practicable after (but, in any case, not later than 6 months after)- (a) the birth or death to which it relates; or (b) the person is found missing,as the case may be. (2) Any return of a birth, death or missing person required to be made under section 6 shall be made by the master of the ship to the Superintendent before the ship leaves the waters of Hong Kong. (3) Without prejudice to subsections (1) and (2) and section 15, a return of a birth, death or missing person required to be made under section 3, 4, 5 or 6 which is not made within the period prescribed for the making thereof shall not be invalid by reason only that it is not made within that period. (Enacted 1995) Cap 478F s 8 Contents of returns (1) A return of a birth, death or missing person required to be made under this Regulation- (a) shall be in writing; (b) shall be signed by the master of the ship as informant; and (c) shall contain- (i) in the case of a birth, subject to subsection (2), the particulars specified in Schedule 1; (ii) in the case of a death, the particulars specified in Schedule 2; and (iii) in the case of a missing person, the particulars specified in Schedule 3, or so many of those particulars as the master may reasonably be able to obtain, having regard to the circumstances of the case.(2) In the case of the birth of an illegitimate child, the name of any person as father of such child shall not be entered in a return of the birth required to be made under this Regulation except in the circumstances provided in section 12(2)(a) to (d) of the Births and Deaths Registration Ordinance (Cap 174). (Enacted 1995) Cap 478F s 9 Particulars of death where master unable to act Where it appears to the Superintendent that the master of a ship cannot perform the duty imposed on him by section 4 in respect of a death because he has himself died or is incapacitated or missing and either- (a) the death in question has been the subject of an inquest held by a coroner or an inquiry held pursuant to section 122 of the Ordinance, and the findings of the inquest or inquiry, as the case may be, include a finding that the death occurred; or (b) an autopsy has been performed on the deceased's body, and in consequence a coroner is satisfied that an inquest is unnecessary,then the Superintendent shall obtain such of the particulars specified in Schedule 2 as he may be able to obtain in the circumstances of the case. (Enacted 1995) Cap 478F s 10 Particulars of death to be supplied by coroners Where- (a) an inquest is held on a dead body or touching a death or an autopsy is performed on a dead body as a result of which a coroner is satisfied that an inquest is unnecessary; and |
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