【法规名称】
【法规编号】 58762 什么是编号？
【正 文】
第10页 CAP 415 MERCHANT SHIPPING (REGISTRATION) ORDINANCE
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[接上页] (a) forthwith, if the ship is in Hong Kong; or (b) if the ship is not in Hong Kong, as soon as practicable and in any case within a period of 30 days after the grant of the certificate of registry or further certificate of provisional registry, as the case may be.(5) An owner, demise charterer or master who, without reasonable excuse, fails to comply with subsection (4) commits an offence and is liable to a fine of $5000. (6) Nothing in subsection (4) shall derogate from or affect the application of section 66 to a certificate of provisional registry. (Enacted 1990) Cap 415 s 31 Retention of documents on provisional registration Upon the provisional registration of a ship under section 28, the Registrar shall retain in his possession the following documents in respect of the ship- (a) the application for provisional registration; (b) the certified copy of the current tonnage certificate; (c) the certificate or declaration of marking of the ship; (d) the declarations made under section 20(1) or (2), as the case may be; (e) (Repealed 9 of 2001 s. 8) (f) any foreign certificate of deletion delivered to the Registrar whether pursuant to section 58 or otherwise; (g) the copy of the condemnation (if any); and (h) such other documents as are specified in instructions or as the Registrar may reasonably require. (Enacted 1990) Cap 415 s 32 Application of Ordinance in relation to ships provisionally registered Except as otherwise provided expressly or by necessary implication the provisions of this Ordinance apply to and in relation to provisional registration and ships provisionally registered as they apply to and in relation to registration and to registered ships. (Enacted 1990) Cap 415 s 33 Custody of certificate Use, etc. of certificates and flags (1) No person having possession or control of a certificate of registry of a ship shall- (a) detain such a certificate by reason of a claim by an owner mortgagee, charterer or other person to any title to, lien or charge on, or interest in, the ship; or (b) fail, without reasonable excuse, to deliver the certificate on request to the person entitled to custody of it for the purpose of the lawful navigation of the ship, or to the Registrar or any other person entitled by law to require its delivery.(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (3) If, in any proceedings in respect of an offence against this section in relation to a certificate of registry the court or a magistrate is of the opinion that the certificate is, or should be treated as, lost, the court or magistrate shall make an order to that effect and cause a copy of the order to be served on the Registrar. (Enacted 1990) Cap 415 s 34 Use of improper certificate (1) The master, owner or demise charterer of a ship shall not use, or permit the use of, for the purpose of the navigation of the ship, a certificate of registry not legally granted and in force in respect of the ship. (2) Where subsection (1) is contravened, the master and the owner or demise charterer commit an offence and each is liable to a fine of $50000 and to imprisonment for 1 year. (Enacted 1990) Cap 415 s 35 Replacement of lost, etc. certificate Where a certificate of registry of a ship is mislaid, lost or destroyed, the Registrar shall upon application and upon receipt of a declaration by the master, owner, demise charterer, representative person or other person authorized by the owner or demise charterer, stating, to the best of the declarant's knowledge and belief the facts of the case, grant a new certificate of registry in substitution for the original certificate. (Enacted 1990) Cap 415 s 36 Application of preceding sections to certificate of provisional registry Sections 33, 34 and 35 shall apply in relation to a certificate of provisional registry as they apply in relation to a certificate of registry. (Enacted 1990) Cap 415 s 37 Proper colours (1) The proper colours of a registered ship shall be the flags specified in Schedule 1 flown in the manner specified in that Schedule. (2) A registered ship may at any time, and shall, unless exempted by the Director under subsection (2A), on entering and leaving any port, fly the proper colours. (Amended 11 of 1998 s. 2) (2A) The Director may exempt a registered ship from the requirement to fly the proper colours under subsection (2). (Added 11 of 1998 s. 2) (3) No registered ship shall fly any colours purporting to be or closely resembling the proper colours which are not the proper colours. (4) A ship, not being a registered ship, shall not- (a) except with the permission of the Director, fly the proper colours of a registered ship; or (b) fly any colours which purport to be or closely resemble the proper colours.(5) Where subsection (2), (3) or (4) is contravened the master of the ship concerned commits an offence and is liable- (a) in the case of a contravention of subsection (2), to a fine of $5000; and |
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