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【法规名称】 
【法规编号】 61518  什么是编号?
【正  文】

第9页 CAP 369 MERCHANT SHIPPING (SAFETY) ORDINANCE

[接上页]

  (1) The Director may cancel any certificate issued in respect of any ship under this Part, where he has reason to believe that-
  
  (a) any declaration of survey on which the certificate was founded has in any material particular been made fraudulently or erroneously;
  
  (b) the certificate has been issued upon false or erroneous information;
  
  (c) since the making of the declaration of survey, the hull, equipment or machinery of the ship has or have sustained any damage or is or are otherwise insufficient;
  
  (d) any condition on which the certificate has been issued has been contravened;
  
  (e) the master of the ship is not exercising, or is not permitted to exercise, proper control of the ship.(2) Where a certificate is cancelled under subsection (1) the Director may require the owner or master of the ship to which the certificate referred to have the hull, equipment or machinery of the ship again surveyed and may require the surveyor to complete a further declaration of survey before he re-issues the certificate or issues a fresh one in place thereof.
  
  Cap 369 s 28 Delivery up of certificates
  
  (1) The Director may require any certificate issued under this Part which has expired or has been cancelled to be delivered up as he directs.
  
  (2) Any owner or master who fails, without reasonable excuse, to comply with a requirement under subsection (1) commits an offence and is liable to a fine of $5000.
  
  Cap 369 s 29 Extension of certificates
  
  (1) The Director may, on the application of the owner, agent or master of a ship registered in Hong Kong in respect of which a certificate has been issued under this Part, grant an extension of the certificate for a period not exceeding 1 month from the date of expiry of the certificate.
  
  (2) If on the date of expiry of a certificate issued under this Part in respect of a ship registered in Hong Kong, the ship is not in the port in which it is to be surveyed, the Director may, on the application of the owner, agent or master of the ship, grant an extension of the certificate-
  
  (a) for the purpose of allowing the ship to complete its voyage to that port; and
  
  (b) for a period not exceeding 3 months from the date of expiry of the certificate.(3) Where a survey of a ship has been completed but a certificate issued or to be issued under this Part in respect of the ship in consequence of the survey cannot be placed on board the ship before the date of expiry of an existing certificate to which the first-mentioned certificate corresponds, the Director may endorse on the existing certificate the fact that such survey has been completed or cause such certificate to be so endorsed, and such certificate so endorsed shall be regarded as valid for such further period not exceeding 5 months from the date of its expiry as may be specified in the endorsement.
  
  (4) Without prejudice to subsections (1), (2) and (3), if on-
  
  (a) receipt of a declaration of survey in respect of a ship in respect of which a certificate issued under section 17(1), 18(1), 21(1) or 21A(1) is in force; and
  
  (b) the application of the owner, agent or master of the ship,the Director is satisfied that it is proper to do so, the Director may grant an extension of the certificate for a period which, together with the period for which the certificate was issued and any period by which the certificate has been previously extended under this subsection, does not exceed 5 years.
  
  (5) Where a survey of a ship is completed after the expiry of a certificate issued under this Part in respect of the ship, any corresponding certificate issued in consequence of the survey shall remain in force for-
  
  (a) in the case of a general safety certificate, such period not exceeding 1 year from the date of completion of the survey;
  
  (b) in the case of a certificate referred to in section 26(3), such period not exceeding 5 years from the date of completion of the survey,as the Director may consider appropriate in the special circumstances of the case and as may be specified in the corresponding certificate.
  
  (6) Where-
  
  (a) an extension of a certificate issued in respect of a ship has been granted under subsection (1) or (2); and
  
  (b) a survey of the ship is completed,any corresponding certificate issued in consequence of the survey shall remain in force for-
  
  (i) in the case of a general safety certificate, such period not exceeding 1 year from the date of completion of the survey;
  
  (ii) in the case of a certificate referred to in section 26(3), such period not exceeding 5 years from the date of completion of the survey,as the Director may consider appropriate in the special circumstances of the case and as may be specified in the corresponding certificate.
  
  (Replaced 6 of 2000 s. 10)
  
  Cap 369 s 30 Miscellaneous provisions
  
  (1) Any general safety certificate or short voyage safety certificate, whether qualified or not, may be combined in one document with a passenger certificate.
  
  (2) Any certificate issued by the Director under this Part may be signed on his behalf by any person authorized by him for the purpose, and a certificate purporting to be so signed shall be admissible in evidence in like manner as if it had been signed by the Director.
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