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[接上页] (2) The Registrar shall, upon the lodgment by the mortgagor or mortgagee of the mortgage instrument and memorandum of discharge, make an entry in the register to the effect that the mortgage has been discharged and, on that entry being made, any interest of the mortgagee under the mortgage vests in the mortgagor. (3) Where the mortgage instrument cannot, for any reason, be lodged with the Registrar, there shall be lodged by the mortgagor or mortgagee with the Registrar, in substitution for the mortgage instrument and memorandum of discharge, a declaration by the mortgagee that the mortgage has been discharged and setting out- (a) the name and official number of the ship; (b) the name and address of each mortgagor; (c) the name and address of each mortgagee; (d) the date of the mortgage; and (e) the date and time of entry of particulars of the mortgage in the register.(4) In this section, "mortgagor" (抵押人), in relation to a ship, includes any person in whom, having regard to any intervening acts and circumstances, the interest of the mortgagee would have been vested if the mortgage had not been made. (Enacted 1990) Cap 415 s 51 Power of disposal by owner The owner of a registered ship has power, subject to this Ordinance and to any rights and powers appearing in the register to be vested in any other person, absolutely to dispose of the ship and to give effectual receipts in respect of the disposal. (Enacted 1990) Cap 415 s 52 Trusts not recognized Notice of a trust, express, implied or constructive, shall not be entered in the register or be receivable by the Registrar. (Enacted 1990) Cap 415 s 53 Equities not excluded (1) Subject to sections 47, 51 and 52, beneficial interests may be enforced by or against the owner or mortgagee of a ship in respect of his interest in the ship in the same manner as in respect of any other personal property. (2) In subsection (1) "beneficial interests" (实益权益) includes interests arising under contract and other equitable interests. (Enacted 1990) Cap 415 s 54 Notice of change of address, etc. of owner PART VII CLOSURE OF REGISTRATION (1) An owner of a registered ship who has made a declaration under section 20, 27, 40 or 42 that he is ordinarily resident in Hong Kong shall in the event of- (a) any change in his address; or (b) any change in his residential status by reason of which he is no longer ordinarily resident in Hong Kong,notify the Registrar, in writing, of that event within 30 days after the occurrence thereof. (2) An owner who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5000. (3) The Registrar shall enter in the register any change of address of an owner pursuant to a notice given under subsection (1)(a). (Enacted 1990) Cap 415 s 55 Notice of dissolution, etc. of body corporate owner or charterer (1) Where- (a) a body corporate is the owner or demise charterer of a registered ship; and (b) a declaration was made under section 20, 27, 40 or 42 in respect of the body corporate that it- (i) is incorporated in Hong Kong; or (ii) is an oversea company registered under Part XI of the Companies Ordinance (Cap 32),the representative person appointed in relation to the ship shall, in the event of the body corporate ceasing to be incorporated in Hong Kong or to be registered under Part XI of the Companies Ordinance (Cap 32), as the case may be, notify the Registrar, in writing, of that event within 30 days after the occurrence thereof. (2) A representative person who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5000. (Enacted 1990) Cap 415 s 56 Notice of termination of demise charter (1) |