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[接上页] "tonnage regulations" (吨位规例) means regulations as to the tonnage of ships made under section 13. (2) Where in relation to a ship or to any matter connected with a ship any provision of this Ordinance- (a) imposes a duty or liability on either of the owner or demise charterer of the ship; or (b) provides for the service of notice on either of the owner or demise charterer of the ship,the provision shall be construed as imposing the duty or liability or providing for the service of notice- (i) in the case of a ship registered or to be registered by virtue of section 11(1)(a), on the owner; or (ii) in the case of a ship registered or to be registered by virtue of section 11(1)(b), on the demise charterer,but nothing in this subsection shall prejudice or affect the operation of that provision in so far as it imposes the duty or liability, or provides for the service of notice, as the case may be, on any person other than the owner or demise charterer. (Enacted 1990) Cap 415 s 3 Application of Ordinance to certain structures, etc. The Director may by notice published in the Gazette provide that a thing designed or adapted for use at sea and described in the notice is or is not to be treated as a ship for the purpose of any provision of this Ordinance specified in the notice, and any such notice may- (a) make different provision in relation to different occasions; and (b) if it provides that a thing is to be treated as a ship for the purpose of a provision specified in the notice, provide that the provision shall have effect in relation to the craft with such modifications as are so specified. (Enacted 1990) Cap 415 s 4 Registrar of Ships PART II ADMINISTRATION (1) The Director shall in writing appoint one or more public officers to be Registrars of Ships. (2) The Registrar shall have such powers, functions and duties as are conferred or imposed upon him by this Ordinance or any other law. (3) Without prejudice to subsection (2), the Director shall have and may exercise the powers and functions of the Registrar referred to in that subsection. (Enacted 1990) Cap 415 s 5 Instructions (1) The Director may issue to the Registrar and to other public officers such administrative instructions not inconsistent with this Ordinance as may appear to him to be necessary or expedient for the better carrying out of the provisions of this Ordinance. (2) The Director shall publish such instructions in such manner as he sees fit. (3) Where in this Ordinance there is reference to a specified form or manner- (a) that form or manner may be specified by the Director in instructions; and (b) if the instructions so provide, deviations from the specified form or manner not affecting the substance thereof shall not invalidate that form or manner.(4) The Registrar and any other public officer shall comply with any instructions issued to him. (Enacted 1990) Cap 415 s 6 Protection of public officers Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) No public officer shall be personally liable for any damage, injury or loss suffered or incurred by any person as a result of any act done or omission made by the public officer in good faith in the exercise or performance or purported exercise or performance of any power, function or duty under this Ordinance. (2) The protection conferred on public officers by subsection (1) in respect of any act or omission shall not in any way affect any liability of the Government in tort for that act or omission. (Amended 64 of 1999 s. 3) (Enacted 1990) Cap 415 s 7 Register of ships PART III THE REGISTER (1) The Registrar shall keep a register of ships registered or provisionally registered under this Ordinance. (2) The register shall contain such particulars in respect of ships, owners and their respective interests in ships, demise charterers, mortgagees and representative persons as are prescribed. (3) The register may be kept in legible or non-legible form but if kept in non-legible form any entry in the register shall be capable of being reproduced in legible form. (Enacted 1990) Cap 415 s 8 Inspection, etc. of register Any person may, on payment of the prescribed fee- (a) inspect the register in legible form; (b) require to be furnished with a copy of, or extract from, any entry in the register in legible form; or (c) require such copy or extract to be certified as a true copy by or on behalf of the Registrar. (Enacted 1990) Cap 415 s 9 Rectification of register Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where it appears to any person interested that there is a material error in the register, he may apply in writing to the Director for rectification of the register. (2) Upon receipt of an application under subsection (1) the Director may, if in his opinion there is a material error in the register- (a) direct the Registrar to rectify the register; or (b) subject to subsection (3), require the applicant to apply to the Court of First Instance for rectification of the register. (Amended 25 of 1998 s. 2)(3) Subsection (2)(b) shall not apply in any case where, in the opinion of the Director, the material error is due to the negligence or wilful act or omission of the Registrar. |