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[接上页] (2) If notice of any alteration is not given as required by this section, the owner or master of the ship commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (3) If the Director has reason to believe that since the making of the last declaration of survey in respect of any ship to which subsection (1) applies- (a) any such alteration has been made as is mentioned in subsection (1); (b) the hull, equipment or machinery of the ship have sustained any damage or are otherwise insufficient; or (c) the appliances or equipment of the ship referred to in subsection (1)(b) have sustained any damage or are otherwise insufficient,he may, without prejudice to his powers under section 27, require the ship to be surveyed again as he thinks fit, and, if such requirement is not complied with, may cancel any certificate issued in respect of the ship under this Part. (4) The power of the Director under subsection (3) to cancel a certificate shall be exercisable also where a ship has not been submitted for survey as required by the cargo ship construction and survey regulations. (5) For the purposes of this section, "alteration" (改动) in relation to anything includes the renewal of any part of it. Cap 369 s 24 Certificates to be exhibited (1) The owner or master of every ship shall forthwith on the receipt by him of a certificate under this Part cause one of the duplicates to be exhibited in some conspicuous part of the ship so as to be visible to all persons on board and shall cause it to continue to be exhibited so long as it remains in force and such ship is in use. (2) If subsection (1) is not complied with, the owner or master concerned commits an offence unless he has a reasonable excuse, and is liable to a fine of $5000. (3) For the purposes of subsection (2)- (a) compliance by the owner or master shall be deemed to be compliance by both of them; and (b) an owner or master does not have a reasonable excuse by reason only that he has delegated his responsibility to his agent. Cap 369 s 25 Prohibition on proceeding to sea without appropriate certificates (1) No ship registered in Hong Kong shall proceed to sea on an international voyage unless there is in force in respect of the ship- (a) if it is a passenger ship, a passenger certificate, a general safety certificate, a short voyage safety certificate, a qualified safety certificate or a qualified short voyage safety certificate which, subject to subsection (5), is applicable to the voyage on which the ship is about to proceed and to the trade in which it is for the time being engaged; (b) if it is a ship to which section 11 applies- (i) (A) a cargo ship safety equipment certificate or a qualified cargo ship safety equipment certificate; and (B) a cargo ship safety radio certificate or a qualified cargo ship safety radio certificate or an exemption certificate stating that it is wholly exempt from the requirements of the Convention relating to radio installations and shipborne navigational equipment; and (C) a cargo ship safety construction certificate or a qualified cargo ship safety construction certificate; or (Replaced 6 of 2000 s. 7)(ii) a cargo ship safety certificate, (Replaced 6 of 2000 s. 7) (iii) (Repealed 6 of 2000 s. 7) applicable to the ship and the voyage on which it is about to proceed.(2) For the purposes of subsection (1)- (a) subsection (1)(b) shall not prohibit a ship from proceeding to sea if there is in force in respect of the ship such certificate or certificates as would be required if it were a passenger ship; (b) a qualified certificate shall not be deemed to be in force in respect of a ship unless there is also in force in respect of the ship the corresponding exemption certificate; and an exemption certificate shall be of no effect unless it is by its terms applicable to the voyage on which the ship is about to proceed.(3) If any ship proceeds, or attempts to proceed to sea in contravention of this section the owner or master of the ship, without prejudice to any other penalty under this Ordinance, commits an offence and is liable to a fine of $10000. (4) The owner, agent or master of any ship to which this section applies shall produce to the Director, at the time a clearance for the ship is demanded for an international voyage, the certificate or certificates required under this section to be in force when the ship proceeds to sea; and a clearance shall not be granted, and the ship may be detained, until such certificate or certificates are produced. (5) Where the Director permits any passenger ship in respect of which there is in force a short voyage safety certificate, whether qualified or not, to proceed to sea on an international voyage from Hong Kong not exceeding 1200 nautical miles in length between Hong Kong and the final port of destination, the certificate shall for the purposes of this section be deemed to be applicable to the voyage on which the ship is about to proceed notwithstanding that the voyage exceeds 600 nautical miles between Hong Kong and such port. |