【法规名称】
【法规编号】 58762 什么是编号？
【正 文】
第11页 CAP 415 MERCHANT SHIPPING (REGISTRATION) ORDINANCE
|
[接上页] (b) in the case of a contravention of subsection (3) or (4), to a fine of $10000.(6) Any officer of the Marine Department authorized by the Director for the purpose may- (a) board any ship upon which any colours are flown in contravention of this section; and (b) seize, take away and dispose of any such colours.(7) Any person who hinders or obstructs an officer in the exercise of his powers under subsection (6) commits an offence and is liable to a fine of $10000. (Enacted 1990) Cap 415 s 38 Application and interpretation of Part V PART V TRANSFERS AND TRANSMISSIONS (1) This Part shall not apply to a ship which is registered by virtue of section 11(1)(b). (2) In this Part, unless the context otherwise requires, a reference to a ship includes a reference to a share in or part of a ship. (Enacted 1990) Cap 415 s 39 Transfer of ships (1) For the purposes of registration under this Ordinance, the transfer of a registered ship shall be effected by a bill of sale. (2) The bill of sale shall- (a) contain such of the description of the ship contained in the certificate of survey as is sufficient to identify the ship to the satisfaction of the Registrar; and (b) be executed by the transferor in the presence of, and be attested by, one or more witnesses. (Enacted 1990) Cap 415 s 40 Declaration of transfer (1) Subject to this section, where a registered ship is transferred in accordance with section 39 or 79, the transferee shall not be entitled to be registered as an owner of the ship until he, or in the case of a body corporate the person authorized under section 84 to make declarations on behalf of the body corporate, has made and signed a declaration of transfer in the specified form referring to the ship and containing- (a) a statement of the qualification of the transferee to own a ship registered in Hong Kong, or if the transferee is a body corporate, of such circumstances of the constitution thereof as prove it to be a qualified person; and (b) a statement that, to the best of his knowledge and belief, a majority interest in the ship will upon transfer be owned by one or more qualified persons.(2) In the application of this section to a ship which is not wholly owned by qualified persons, subsection (1)(a) shall have effect only in relation to qualified persons. (3) Subsection (1) shall not apply where the Government is the transferee. (Enacted 1990) Cap 415 s 41 Registration of transfer (1) Upon lodgment of the bill of sale and the declaration of transfer (if required), the Registrar shall enter in the register the name of the transferee as owner of the ship, and shall endorse on the bill of sale- (a) the fact of that entry having been made; and (b) the day and hour of making the entry.(2) Bills of sale shall be entered in the register in the order of their lodgment. (Enacted 1990) Cap 415 s 42 Transmission of ship by operation of law (1) Where the property in a ship is transmitted to any person by any lawful means other than a transfer under section 39 or 79, and a majority interest in the ship remains in the ownership of one or more qualified persons, the person or persons to whom the ship is transmitted shall make and sign a declaration of transmission in the specified form containing- (a) such of the description of the ship contained in the certificate of survey as is sufficient to identify the ship to the satisfaction of the Registrar; (b) the statements referred to in section 40(1)(a) and (b); and (c) a statement of the manner in which and the person or persons to whom the property has been transmitted.(2) The declaration of transmission shall be accompanied by such evidence of the transmission as may be specified in instructions or as the Registrar may reasonably require. (3) Upon lodgment of the declaration of transmission and the evidence required under subsection (2), the Registrar shall enter in the register the name of the person or persons entitled under the transmission as owner of the ship the property in which has been transmitted. (4) Where there is more than one such person referred to in subsection (3), all such persons shall be considered as joint owners of the whole of the property transmitted. (Enacted 1990) Cap 415 s 43 Definitions in Part VI PART VI MORTGAGES (1) In this Part, unless the context otherwise requires- "mortgage" (抵押) means a mortgage registered under this Part; "mortgagee" (抵押权人) means the person whose name appears in the register as the holder of a mortgage; "obligation" (义务) includes any present or future obligation; "ship" (船舶) includes everything on board a ship belonging to the owner. (2) In this Part, unless the context otherwise requires, a reference to a ship includes a reference to a share in or part of a ship. (Enacted 1990) Cap 415 s 44 Mortgage of ship (1) A registered ship may be made security for any obligation by way of a mortgage under this Ordinance. (2) The instrument creating such a mortgage shall- |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！