【法规名称】
【法规编号】 61598 什么是编号？
【正 文】
第2页 CAP 281 MERCHANT SHIPPING ORDINANCE
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[接上页] (a) a certificate of registry or other document referred to in subsection (1)(b); or (b) a copy of such a certificate or document certified as a true copy by a person having custody of the original, or having responsibility for the grant of the original,shall be admitted in evidence in legal proceedings under this section upon its production unless it is proved that it is not the document it purports to be or that it was not signed or certified by the person by whom it purports to be signed or certified, as the case may be, and if so admitted shall be sufficient, but not conclusive, evidence of any matter stated in the certificate or document. (Replaced 74 of 1990 s. 104) Cap 281 s 4 (Repealed 44 of 1995 s. 143) PART II Cap 281 s 5 (Repealed 44 of 1995 s. 143) Cap 281 s 5A (Repealed 44 of 1995 s. 143) Cap 281 s 5B (Repealed 44 of 1995 s. 143) Cap 281 s 6 (Repealed 44 of 1995 s. 143) Cap 281 s 6A (Repealed 44 of 1995 s. 143) Cap 281 s 7 (Repealed 44 of 1995 s. 143) Cap 281 s 8 (Repealed 44 of 1995 s. 143) Cap 281 s 9 (Repealed 44 of 1995 s. 143) PART III Cap 281 s 10 (Repealed 44 of 1995 s. 143) Cap 281 s 11 (Repealed 44 of 1995 s. 143) Cap 281 s 12 (Repealed 44 of 1995 s. 143) Cap 281 s 13 (Repealed 44 of 1995 s. 143) Cap 281 s 14 (Repealed 44 of 1995 s. 143) Cap 281 s 14A (Repealed 44 of 1995 s. 143) Cap 281 s 15 (Repealed 44 of 1995 s. 143) PART IV Cap 281 s 16 (Repealed 44 of 1995 s. 143) Cap 281 s 17 (Repealed 44 of 1995 s. 143) PART V Cap 281 s 18 (Repealed 44 of 1995 s. 143) Cap 281 s 19 (Repealed 44 of 1995 s. 143) Cap 281 s 20 (Repealed 44 of 1995 s. 143) Cap 281 s 21 (Repealed 44 of 1995 s. 143) Cap 281 s 22 (Repealed 44 of 1995 s. 143) Cap 281 s 23 (Repealed 63 of 1981 s. 124) PART VI SURVEY OF PASSENGER AND OTHER SHIPS AND CERTIFICATES THEREOF Cap 281 s 24 (Repealed 63 of 1981 s. 124) Cap 281 s 25 (Repealed 63 of 1981 s. 124) Cap 281 s 26 (Repealed 63 of 1981 s. 124) Cap 281 s 27 (Repealed 63 of 1981 s. 124) Cap 281 s 28 (Repealed 63 of 1981 s. 124) Cap 281 s 29 (Repealed 63 of 1981 s. 124) Cap 281 s 30 (Repealed 63 of 1981 s. 124) Cap 281 s 31 (Repealed 63 of 1981 s. 124) Cap 281 s 32 (Repealed 63 of 1981 s. 124) Cap 281 s 33 (Repealed 63 of 1981 s. 124) Cap 281 s 34 (Repealed 63 of 1981 s. 124) Cap 281 s 34A Forfeiture of ships Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2 (1) Where the owner or master of a ship has committed an offence under section 38 of the Merchant Shipping (Safety) Ordinance (Cap 369), the ship shall be liable to forfeiture, whether or not the owner or master is convicted in respect of such offence. (Amended 63 of 1981 s. 124) (2) With the approval of the Attorney General, the Director may seize and detain any ship which appears to him to be liable to forfeiture under subsection (1), and within 21 days of any such seizure the Director shall serve notice of seizure on the owner of the ship: Provided that where there is more than one owner of a ship it shall be sufficient for the purposes of this subsection to give notice to one of the owners. (3) A notice under subsection (2) shall be deemed to have been duly served if- (a) it is delivered to the person on whom it is to be served; (b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director; or (c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited in the Marine Department in a place to which the public have access for a period of not less than 7 days commencing within 21 days of the seizure of the ship.(4) Within 7 days after the service under subsection (2) of a notice of seizure, notice of the seizure of the ship shall be- (a) published in the Gazette and in 1 newspaper published in Hong Kong in the English language and in 1 newspaper so published in the Chinese language; and (b) in the case of a ship not registered in Hong Kong, served on the consular officer (if any) for the state to which the ship belongs. (Amended 23 of 1998 s. 2)(5) Where a notice of seizure has been served under subsection (2), any person who has a claim (hereinafter referred to as the claimant) may within 30 days after- (a) the date of the notice, if it was served under subsection (3)(a) or (b); or (b) the first day on which the notice was exhibited, if it was served under subsection (3)(c),give notice in writing to the Director that he claims that the ship is not liable to forfeiture. (6) If, on the expiry of the appropriate period of time specified in subsection (5) for the giving of a notice of claim, no such notice has been given in writing to the Director, the ship shall be forfeited forthwith to the Crown. (7) A person has a claim for the purposes of this section and section 34B if- (a) he is the owner of the ship or the agent of the owner; or (b) he was in possession of the ship at the time it was seized. (Added 1 of 1979 s. 3) |
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