【法规名称】
【法规编号】 58762 什么是编号？
【正 文】
第6页 CAP 415 MERCHANT SHIPPING (REGISTRATION) ORDINANCE
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[接上页] (3) If the scale showing the ship's draught of water is in any respect inaccurate, so as to be likely to mislead, the owner or demise charterer of the ship commits an offence and is liable to a fine of $5000. (4) The marks required by this section shall be permanently maintained, and no alteration shall be made to them except where any of the particulars denoted by the marks are altered in the manner provided by this Ordinance. (5) An owner, demise charterer or master of a registered ship who fails to maintain the ship marked as required by this section commits an offence and is liable to a fine of $5000. (6) A person who, otherwise than as provided by or under this section- (a) conceals, removes, alters, defaces or obliterates; or (b) suffers any person under his control to conceal, remove, alter, deface or obliterate,any marking required by this section to be maintained, commits an offence and is liable to a fine of $5000. (7) The Director may, upon receipt of a certificate from an authorized surveyor specifying that a ship is insufficiently or inaccurately marked, detain the ship until the insufficiency or inaccuracy has been remedied. (Enacted 1990) Cap 415 s 19 Application for registration Registration procedures (1) Subject to subsection (2), an application for registration of a ship shall be made by the person or persons applying to be registered as owner, as follows- (a) in the case of one or more individuals, by that or those persons, as the case may be, or by an individual or individuals appointed to act on his or their behalf; (b) in the case of one or more bodies corporate, by an individual or individuals authorized to act on its or their behalf.(2) An application for registration of a ship which is to be registered by virtue of section 11(1)(b) shall be made by both the demise charterer and the owner in the manner provided by subsection (1). (3) Where an application is made by a person on behalf of an owner or demise charterer, the authority of that person shall be testified by writing- (a) if appointed by one or more individuals, under the hand and seal of the person or persons so appointing him; (b) if authorized by a body corporate possessing a common seal, under the seal of the body corporate; or (c) if authorized by a body corporate not possessing a common seal, under the hand and seal of a person purporting to be authorized by the body corporate to make declarations on its behalf under section 84.(4) An application made by a person authorized by a body corporate not possessing a common seal shall include a declaration by that person that the body concerned does not possess a common seal. (5) An application shall be in the specified form and shall include, in addition to the declaration referred to in subsection (4) (if required)- (a) the consent, in writing, of the representative person appointed in relation to the ship, to his appointment; (b) in the case of a ship which is to be registered by virtue of section 11(1)(b)- (i) the consent, in writing, of the owner to the ship's registration in Hong Kong; and (ii) a declaration by both the owner and demise charterer- (A) that the demise charterer is a qualified person; (B) that the demise charterer will under the demise charter have possession of the ship and control of all matters relating to the navigation and operation of the ship including employment of the master and crew; and (Amended 9 of 2001 s. 4) (C) that the ship will not be registered elsewhere for so long as it is registered in Hong Kong.(6) An application shall be accompanied by declarations made under section 20(1) or (2), as the case may be. (Enacted 1990) Cap 415 s 20 Declarations by and on behalf of owners and demise charterers (1) A person shall not be entitled to be registered as an owner of a ship which is to be registered by virtue of section 11(1)(a), or of a share in or part of such a 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 entitlement to own a ship registered in Hong Kong, in the specified form, which shall include the following- (a) in the case of a body corporate, a statement that the declarant is authorized to make the declaration on behalf of the body corporate; (b) in the case of an individual purporting to be a qualified person, a statement that he holds a valid identity card and is ordinarily resident in Hong Kong; (c) in the case of a body corporate purporting to be a qualified person, a statement of the circumstances of incorporation in Hong Kong, or of registration under Part XI of the Companies Ordinance (Cap 32), as the case may be; (d) in the case of a body corporate other than a qualified person, a statement of the circumstances of incorporation or registration of the body corporate; (e) a statement of the number of shares in, or the fraction or percentage of, the ship in respect of which the legal title will be vested in the declarant; |
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