【法规名称】
【法规编号】 58762 什么是编号？
【正 文】
第12页 CAP 415 MERCHANT SHIPPING (REGISTRATION) ORDINANCE
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[接上页] (a) be in the specified form; (b) set out among other things- (i) the name and address of each mortgagor; (ii) the name and address (or, in the case of a body corporate, place of incorporation) of each mortgagee; and(c) be duly executed by or on behalf of each mortgagor in the specified manner.(2A) Where a person produces a copy of a document for provisional registration under section 27(2A), he shall also produce a confirmation by the mortgagee to the Registrar. (Added 9 of 2001 s. 9) (2B) The confirmation mentioned in subsection (2A) shall- (a) be in specified form; (b) set out that the mortgagee- (i) has sighted the original document; and (ii) knows that the original document will not be produced to the Registrar at the time of registration. (Added 9 of 2001 s. 9)(3) Upon lodgment of a mortgage instrument and any consents required pursuant to section 45(2), the Registrar shall enter in the register particulars of the mortgage and shall endorse on the mortgage instrument the date and time of registration. (4) Mortgage instruments shall be registered in the order of their lodgment. (Enacted 1990) Cap 415 s 45 Priority of mortgages, etc. (1) Where 2 or more mortgages are registered in respect of the same ship, priority among the mortgagees shall be in accordance with the order of registration of the mortgages, irrespective of the date upon which they were made or executed, and notwithstanding any express, implied or constructive notice. (2) No mortgage instrument shall be registered except with the prior written consent of all the holders of mortgages then registered against the ship concerned. (3) The priority accorded to a mortgage pursuant to subsection (1) shall, unless the holders of all registered mortgages having priority subsequent to such mortgage otherwise agree in writing, extend only to those obligations expressed to be secured by the mortgage instrument or any instrument referred to in the mortgage instrument. (Enacted 1990) Cap 415 s 46 Mortgagee not treated as owner A mortgage of a registered ship does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the ship except to the extent necessary to make the ship available as a security under the mortgage. (Enacted 1990) Cap 415 s 47 Mortgagee to have power of disposal (1) A mortgagee of a registered ship shall have power absolutely to dispose of the ship and to give effectual receipts in respect of the disposal, but where there are 2 or more mortgages of the same ship, a subsequent mortgagee shall not, except under the order of a court, dispose of the ship without the consent of every prior mortgagee. (2) A mortgagee of a registered ship who intends to dispose of the ship shall not dispose of the ship unless he has first given notice in writing to the Registrar of his intention so to dispose of the ship. (3) Where the Registrar is notified by a mortgagee of the intention of that mortgagee to dispose of a ship, the Registrar shall forthwith inform each subsequent mortgagee of that ship accordingly. (4) The disposal of a ship is not invalidated because of any failure to comply with a requirement of subsection (2) in relation to the disposal. (Enacted 1990) Cap 415 s 48 Transfer of mortgage (1) A mortgage of a registered ship may be transferred to any person by an instrument of transfer which shall- (a) be in the specified form; (b) set out the name and address (or, in the case of a body corporate, place of incorporation) of the transferee; and (c) be duly executed by or on behalf of each mortgagee in the specified manner.(2) Upon lodgment of the instrument of transfer the Registrar shall enter in the register the name of the transferee as the mortgagee of the ship concerned and shall endorse on the instrument of transfer the date and time of such registration. (Enacted 1990) Cap 415 s 49 Transmission of mortgage by operation of law (1) Where the interest of a mortgagee in a mortgage of a registered ship is transmitted to another person by any lawful means other than a transfer under section 48, that person shall make and sign a declaration of transmission, in writing, which shall set out- (a) the name and official number of the ship; (b) the name and address of each person from whom the interest is transmitted; and (c) the name and address (or, in the case of a body corporate, place of incorporation) of the person to whom the interest is transmitted.(2) The declaration of transmission shall be accompanied by such evidence of the transmission as may be specified in instructions. (3) Upon lodgment of the declaration and the evidence required under subsection (2), the Registrar shall enter in the register the name of the person to whom the interest is transmitted as the mortgagee of the ship. (Enacted 1990) Cap 415 s 50 Discharge of mortgage (1) Where a mortgage is discharged, the mortgage instrument with a memorandum of discharge in the specified form endorsed thereon or firmly affixed thereto, duly executed by each mortgagee shall be lodged by the mortgagor or mortgagee with the Registrar. |
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