【法规名称】
【法规编号】 58762 什么是编号？
【正 文】
第3页 CAP 415 MERCHANT SHIPPING (REGISTRATION) ORDINANCE
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[接上页] (4) Notice of an application to the Court of First Instance under this section for rectification shall be served by the applicant on the Director and the Director may appear and be heard in the proceedings. (Amended 25 of 1998 s. 2) (5) The Court of First Instance may, in proceedings under this section- (Amended 25 of 1998 s. 2) (a) make such order as it thinks fit concerning the rectification of the register; and (b) decide any question that it is necessary or expedient to decide concerning such rectification.(6) A copy of an order under subsection (5) shall be served on the Director and the Registrar. (7) The Registrar shall- (a) comply with any direction to rectify the register under subsection (2)(a); (b) upon receipt of the copy of an order served under subsection (6), and if the order so requires, rectify the register accordingly.(8) For the purposes of this section- (a) there is a material error in the register if there is an error of fact or substance in the register; (b) without limiting the generality of paragraph (a), there is a material error in the register if- (i) an entry is omitted from the register; (ii) an entry is made in the register without sufficient cause; (iii) an entry wrongly exists in the register; or (iv) there is an error or defect in an entry in the register; and(c) the reference in paragraph (b)(i) to an entry omitted from the register shall be read as including a reference to a matter that is required or permitted by this Ordinance to be entered, or to remain, in the register but is not entered in, or is removed from, the register.(9) The jurisdiction of the Court of First Instance under this section may be exercised by the Registrar of the High Court or a Master thereof. (Amended 25 of 1998 s. 2) Cap 415 s 10 Correction of clerical errors in register The Registrar may correct, or cause to be corrected, any clerical error or obvious mistake in the register. (Enacted 1990) Cap 415 s 11 Registrable ships PART IV REGISTRATION OF SHIPS Registrable ships and interests (1) Subject to this Ordinance, a ship is registrable if- (a) a majority interest in the ship is owned by one or more qualified persons; or (b) the ship is operated under a demise charter by a body corporate being a qualified person (whether or not a majority interest in the ship is owned by one or more qualified persons),and a representative person is appointed in relation to the ship. (2) A registered ship ceases to be registrable if- (a) being a ship registered by virtue of subsection (1)(a), a majority interest in the ship ceases to be owned by one or more qualified persons; (b) being a ship registered by virtue of subsection (1)(b)- (i) the ship ceases to be operated under a demise charter by a body corporate being a qualified person (whether by reason of the termination of the demise charter or otherwise); (ii) the ship or any share in or part of the ship is transferred or transmitted; or (iii) the rights of the demise charterer under the demise charter are assigned under a sub-demise charter; (Amended 9 of 2001 s. 3)(c) the ship is taken in war or hostilities, as a result of which the owner or demise charterer has lost control over the operation of the ship; (d) the ship is broken up, or is an actual or constructive total loss such that it is no longer capable of being used in navigation; (e) the ship at the time of registration remains registered in a place outside Hong Kong; (f) the ship subsequently becomes registered in a place outside Hong Kong; or (g) a representative person ceases to be appointed in relation to the ship.(3) For the purposes of this section, one or more persons shall be treated as owning a majority interest in a ship if there is vested in that person or in those persons, taken together, the legal title to more than one half of the shares or parts into which the property in the ship is divided for the purposes of registration, there being left out of account for this purpose any share or part which is jointly owned by a person other than a qualified person. (4) The following are qualified persons for the purposes of this section- (a) an individual who holds a valid identity card and who is ordinarily resident in Hong Kong; (b) a body corporate incorporated in Hong Kong; and (c) an oversea company registered under Part XI of the Companies Ordinance (Cap 32).(5) Nothing in this section shall derogate from or affect the provisions of Part IX or XI. (Enacted 1990) Cap 415 s 12 Registration of property in ships For the purposes of registration of a ship- (a) the interest in a ship may be divided into any number of shares or parts and any number of persons may be registered as owners of the ship or of a share in or part of the ship; (b) any number of persons may be registered as joint owners of a ship or of any share in or part of the ship, but any such joint owner is not entitled to dispose of his interest in severalty; and (c) a body corporate shall be registered as owner by its corporate name. |
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