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[接上页] (1A) The Director may for the purposes of a clearance for a ship in respect of an international voyage or a non-international voyage accept any certificate, not being an accepted Convention certificate, where he is satisfied that any standards relating to safety required to be complied with for the issue of such a certificate are substantially the same as those required for a certificate issued by the Director for a ship registered in Hong Kong under this Ordinance or issued by him under the Shipping and Port Control Ordinance (Cap 313) for a ship which is a vessel required to be licensed under Part IV of that Ordinance. (Added 5 of 1993 s. 6) (2) For the purposes of section 33 an accepted Convention certificate being the equivalent of- (a) a qualified certificate; or (b) an exemption certificate, other than a certificate under section 18(3),shall not be accepted unless there is also produced the corresponding exemption certificate or qualified certificate, as the case may be. Cap 369 s 34A Production of documentary evidence of compliance with certificate requirements (1) This section applies to and only to a ship which is not- (a) registered in Hong Kong; (b) a ship holding an accepted Convention certificate; (c) a passenger ship; (d) a vessel required to be licensed under Part IV of the Shipping and Port Control Ordinance (Cap 313).(2) The master of a ship to which this section applies shall, at the time a clearance for the ship is demanded in respect of an international voyage or a non-international voyage, produce to the Director documentary evidence to his satisfaction- (a) in the case of a ship of not less than 500 tons gross tonnage, of compliance with the requirements that would, if it were a ship holding an accepted Convention certificate, be required to be complied with for the purposes of section 34(1) or (1A); (b) in the case of a ship- (i) of less than 500 tons gross tonnage; or (ii) of the same size as a vessel required to be licensed under Part IV of the Shipping and Port Control Ordinance (Cap 313), of compliance with the requirements that would, if it were a ship of the same description registered in Hong Kong, be required to be complied with for the purposes of section 25A(1),and a clearance shall not be granted and the ship may be detained until such documentary evidence is produced. (Added 5 of 1993 s. 7) Cap 369 s 35 Exemption of certain ships Exemption of certain ships from this Part (1) Subject to sections 25A and 34A, nothing in this Part- (Amended 5 of 1993 s. 8) (a) prohibiting or preventing a ship from proceeding to sea unless there are in force in relation to the ship, or are produced, the appropriate certificates issued by the Director under this Part or the appropriate accepted Convention certificates; or (b) conferring powers on a Government surveyor for the purpose of verifying the existence, validity or correctness of any Convention certificate or that the conditions on which any such certificate was issued are complied with,shall apply to any ship of less than 500 tons gross tonnage other than a passenger ship. (2) Subsection (1) shall not prevent the application- (a) to any ship of 300 tons gross tonnage or above, of so much of the provisions referred to in paragraphs (a) and (b) of that subsection as relates to certificates issued under section 18 or equivalent accepted Convention certificates; (b) to any ship to which section 11 applies and which is registered in Hong Kong, of so much of the provisions referred to in paragraph (a) of that subsection as relates to certificates issued under section 21,by reason only that it is of less than 500 tons gross tonnage. (3) Notwithstanding that any provision of this Part is expressed to apply to ships not registered in Hong Kong while they are within the waters of Hong Kong, that provision shall not apply to a ship that would not be within such waters but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled. Cap 369 s 36 Equipment of passenger ships PART III EQUIPMENT OF SHIPS AND EXCESS PASSENGERS (1) Every passenger ship to which section 9 applies shall- (a) have the ship's compasses properly adjusted from time to time, to the satisfaction of a Government surveyor and in accordance with regulations or such directions as may be issued by the Director; and (b) be provided with such shelter for the protection of deck passengers, if any, as the Director, having regard to- (i) the nature of the passage; (ii) the number of deck passengers to be carried; (iii) the season of the year; (iv) the safety of the ship; and (v) any other circumstance, may require.(2) If any passenger ship to which section 9 applies goes to sea from Hong Kong without having its compasses adjusted or without protection for deck passengers in contravention of subsection (1), the owner or the master commits an offence and is liable- (a) in the case of the owner, to a fine of $50000 and to imprisonment for 2 years; and |