Cap. 369 《商船(安全)條例》Merchant Shipping (Safety) Ordinance

In this Ordinance, unless the context otherwise requires—

(Amended 10 of 2009 s. 3)

In this Ordinance (except Part IV), for the purposes of the definition of international voyage in subsection (1), no account is to be taken of any deviation by a ship from its intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner of the ship could have prevented or forestalled. (Replaced 10 of 2009 s. 3 and E.R. 5 of 2021)

In this Part, unless the context otherwise requires—

(Amended 10 of 2009 s. 4)

In this Part, for the purposes of the definition of short international voyage in subsection (1), no account is to be taken of any deviation by a ship from its intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner of the ship could have prevented or forestalled. (Replaced 10 of 2009 s. 4 and E.R. 5 of 2021)

The Secretary may appoint persons to be Government surveyors for the purposes of this Ordinance. (Amended L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

Persons appointed as Government surveyors may be appointed as ship surveyors, nautical surveyors, engineer surveyors or radio surveyors, or in more than one of such capacities.

For the purpose of ensuring that this Ordinance has been complied with, a Government surveyor may at all reasonable times go on board a ship and inspect the ship and its equipment or any part thereof, any articles on board, and any document carried in the ship in pursuance of this Ordinance, the Merchant Shipping (Registration) Ordinance (Cap. 415) or rules or regulations made thereunder. (Amended 74 of 1990 s. 104; 10 of 2009 s. 5)

In making an inspection under this section, a Government surveyor shall have all the powers conferred by section 115.

A Government surveyor may inspect any ship under this section notwithstanding that it may be exempt from any provision of this Ordinance.

A Government surveyor shall make such returns to the Director as he may require with respect to the build, dimensions, draught, cubic capacity, speed, fuel capacity, and the nature and particulars of machinery and equipment, and specifying the number of the certificated officers and seamen of ships surveyed by him.

The owner, master and engineer of any ship so surveyed shall, on demand, give to the surveyor all such information and assistance within his power as he may require for the purpose of a return under subsection (1).

Any owner, master or engineer who fails without reasonable excuse to comply with a demand under subsection (2) commits an offence and is liable to a fine at level 2. (Amended E.R. 5 of 2021)

The Secretary may approve any organization for the purposes of surveying ships and issuing certificates under this Ordinance.

Every certificate issued by any organization approved by the Secretary under subsection (1) shall have effect for the purposes of this Ordinance as if it had been issued by the Director.

Subject to subsection (2), every passenger ship shall be surveyed at intervals of not more than 12 months in the manner provided in this Part.

Subsection (1) shall not apply to Convention passenger ships plying on international voyages which hold accepted Convention certificates.

No passenger ship shall clear outwards or proceed on any voyage from Hong Kong unless the master has the certificates as to survey required under this Part which are in force and applicable to the voyage on which the ship is about to proceed.

Any passenger ship attempting to go to sea may be detained until the certificates mentioned in subsection (3) are produced to the Director.

The owner or master of a passenger ship to which section 9 applies shall have the ship surveyed by a Government surveyor.

The surveyor conducting a survey under subsection (1) shall, if satisfied that he can properly do so, complete a declaration of survey in such form as the Director may approve and forward the completed declaration to the Director.

A declaration of survey under subsection (2) shall state—

and shall, if the circumstances so require, state any conditions and variations, according to the time of year, the nature of the voyage, the cargo carried, or other circumstances to which that number is subject.

If in the opinion of the surveyor a passenger ship is fit to ply on international voyages while engaged in a special trade for the carriage of large numbers of special trade passengers, such as the pilgrim trade, his declaration of survey under subsection (2) shall so state.

A passenger ship (including a Convention passenger ship) which is not registered in Hong Kong plying on a non-international voyage shall be surveyed and certificated further to the requirements equivalent to those which would be applied to a passenger ship which is registered in Hong Kong plying on a non-international voyage, whether such requirements are prescribed under this Ordinance or otherwise, or if not so prescribed, determined according to the Director’s approval under subsection (2). (Added 5 of 1993 s. 3)

The owner or master of a ship to which this section applies shall have the ship surveyed to such extent, in such manner and at such intervals as may be prescribed by the cargo ship construction and survey regulations.

The surveyor conducting a survey under subsection (1) shall, if satisfied that he can properly do so, complete a declaration of survey and forward the completed declaration to the Director.

This section applies to—

other than passenger ships.

If an owner or master is aggrieved—

the owner or master may appeal, in the manner prescribed by regulations, to a court of survey, and upon its appointment by the Chief Executive such court may make such order with respect to the costs of any such investigation as it thinks fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as costs in summary proceedings before any magistrate.

On such appeal, the court of survey shall report to the Chief Executive on the question raised by the appeal, and the Chief Executive, when satisfied that the requirements of the report and this Ordinance and any other enactment have been complied with, may require the Director to give the certificates required.

If the Director, on receipt of a declaration of survey in respect of a passenger ship registered in Hong Kong is satisfied—

he shall, on the application of the owner, agent or master, issue in respect of the ship a general safety certificate showing that the ship complies with the requirements of the Convention applicable to such ship and such voyage:

Provided that if the voyages on which the ship is to be engaged are short international voyages and it complies only with such of those regulations as are applicable to those voyages, the certificate shall show that the ship complies with the requirements of the Convention applicable to it as a ship plying on short international voyages.

If the Director, on receipt of a declaration of survey in respect of a passenger ship to which subsection (1) applies, is satisfied that—

he shall, on the application of the owner, agent or master, issue in respect of the ship—

If, on any international voyage, a passenger ship registered in Hong Kong in respect of which a safety certificate is in force has on board a total number of persons less than the number stated in that certificate to be the number for which the life-saving appliances on the ship provide, the Director may, at the request of the owner, agent or master of the ship, issue a memorandum stating—

Any memorandum issued under subsection (1) shall—

If a memorandum issued under subsection (1) is not submitted to the Director at the end of the voyage to which it relates the master of the ship commits an offence and is liable to a fine at level 1. (Amended E.R. 5 of 2021)

If the Director, on receipt of a declaration of survey in respect of a ship registered in Hong Kong not being a passenger ship, is satisfied—

he shall, on the application of the owner, agent or master, issue in respect of the ship a cargo ship safety equipment certificate showing that the ship complies with such of the requirements of the Convention relating to those matters as are applicable as aforesaid.

If the Director, on receipt of a declaration of survey in respect of a ship to which subsection (1) applies, is satisfied that—

he shall, on the application of the owner, agent or master, issue in respect of the ship—

If the Director, on receipt of a declaration of survey in respect of a ship registered in Hong Kong not being a passenger ship, is satisfied that the ship complies with the radio regulations and the navigational equipment regulations applicable to the ship and to such international voyages as it is to be engaged on, he shall, on the application of the owner, agent or master, issue in respect of the ship a cargo ship safety radio certificate showing that the ship complies with such of the requirements of the Convention relating to radio installations and shipborne navigational equipment as are applicable.

If the Director, on receipt of a declaration of survey in respect of a ship to which subsection (1) applies, is satisfied—

he shall, on the application of the owner, agent or master, issue in respect of the ship—

Where any ship registered in Hong Kong is wholly exempt from the requirements of the radio regulations and the navigational equipment regulations, the Director shall, on the application of the owner, agent or master, issue an exemption certificate stating that the ship is wholly exempt from the requirements of the Convention relating to radio installations and shipborne navigational equipment and specifying the voyages on which, and conditions (if any) on which, the ship is so exempt.

If the Director is satisfied, on receipt of a declaration of survey in respect of a ship to which section 11 applies and which is registered in Hong Kong, that the ship complies with the cargo ship construction and survey regulations applicable to the ship and such voyages as it is to be engaged on, he shall, on the application of the owner, agent or master, issue in respect of the ship—

If the Director, on receipt of a declaration of survey in respect of such a ship, is satisfied that—

he shall, on the application of the owner, agent or master, issue specified certificates in respect of the ship.

The specified certificates referred to in subsection (2) shall be—

If on—

the Director is satisfied that—

he may issue in respect of the ship a cargo ship safety certificate showing that the ship complies with such of the requirements of the Convention relating to the matters specified in paragraph (ii) and to the matters for which the regulations set out in paragraph (i) are made.

Unless the context otherwise requires, any reference in this Ordinance to a cargo ship safety equipment certificate, a cargo ship safety radio certificate or a cargo ship safety construction certificate shall, where a cargo ship safety certificate has been issued in respect of a ship, be construed in relation to that ship as a reference to the cargo ship safety certificate, and the other provisions of this Ordinance shall apply accordingly.

Nothing in this section shall derogate from the power to issue a certificate under section 17(1), 18(1) or 21(1).

The Director shall, upon the completion of any certificate under this Part, deliver such certificate in duplicate to the owner, agent or master applying for the certificate upon the payment of such fees as may be prescribed.

Any declaration of survey shall be produced for the inspection of the owner, agent or master of the ship to which the declaration relates.

The owner or master of a ship in respect of which any certificate issued under this Part is in force shall, as soon as possible, after any alteration is made—

give written notice to the Director containing full particulars of the alteration.

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 at level 3 and to imprisonment for 6 months. (Amended E.R. 5 of 2021)

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—

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.

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.

Where a certificate is issued in respect of a ship under this Part, the owner or master of the ship shall ensure that the certificate is kept readily available on board the ship, so long as the certificate remains in force and the ship is in use, for inspection at all reasonable times by—

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 at level 2. (Amended E.R. 5 of 2021)

For the purposes of subsection (2)—

No ship registered in Hong Kong shall proceed to sea on an international voyage unless there is in force in respect of the ship—

For the purposes of subsection (1)—

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 at level 3. (Amended E.R. 5 of 2021)

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.

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 1 200 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.

Where an exemption certificate issued in respect of any ship registered in Hong Kong specifies any conditions on which the certificate is issued and any of those conditions is not complied with, the owner or master of the ship commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)

This section applies to and only to a ship which is—

A ship to which this section applies shall not proceed to sea on an international voyage unless the ship complies with the relevant regulations.

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 from Hong Kong, produce to the Director documentary evidence to his satisfaction that the ship complies with the relevant regulations and a clearance shall not be granted and the ship may be detained until such documentary evidence is produced.

Where a ship to which this section applies proceeds, or attempts to proceed to sea in contravention of subsection (2), the owner or master of the ship commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 5 of 2021)

Subject to subsection (4) and section 29, a passenger certificate shall remain in force for 1 year from the date of its issue or for such shorter period as may be specified in the certificate.

Subject to subsections (3A) and (4) and section 29, a general safety certificate shall remain in force for 1 year from its date of issue or for such shorter period as may be specified in the certificate.

Subject to subsections (3A) and (4) and section 29, a cargo ship safety equipment certificate, a cargo ship safety radio certificate, a cargo ship safety construction certificate or a cargo ship safety certificate, shall remain in force for 5 years from the date of its issue or for such shorter period as may be specified in the certificate. (Replaced 6 of 2000 s. 9)

Where—

No certificate referred to in subsection (1), (2) or (3) shall remain in force after notice is given by the Director to the owner or master of the ship in respect of which it has been issued that the Director has cancelled the certificate.

An exemption certificate shall remain in force for the same period as the corresponding qualified certificate.

If any ship is absent from Hong Kong at the time of expiry of any certificate issued under this Part, no penalty shall be incurred until the ship commences a voyage after the next departure from any port.

The Director may cancel any certificate issued in respect of any ship under this Part, where he has reason to believe that—

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.

The Director may require any certificate issued under this Part which has expired or has been cancelled to be delivered up as he directs.

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 at level 2. (Amended E.R. 5 of 2021)

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.

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—

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.

Without prejudice to subsections (1), (2) and (3), if on—

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.

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—

as the Director may consider appropriate in the special circumstances of the case and as may be specified in the corresponding certificate.

Where—

any corresponding certificate issued in consequence of the survey shall remain in force for—

as the Director may consider appropriate in the special circumstances of the case and as may be specified in the corresponding certificate.

Any general safety certificate or short voyage safety certificate, whether qualified or not, may be combined in one document with a passenger certificate.

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.

The Director may request the government of a Convention country to cause a ship registered in Hong Kong to which this Part applies to be surveyed and to—

A certificate issued pursuant to a request under subsection (1) and containing a statement that it has been so issued has effect for the purposes of this Part as if the certificate had been issued by the Director.

For the purposes of this Part, an endorsement made on the certificate by the government of a Convention country on behalf of the Director in conformity with the Convention has the same effect as an endorsement made by the Director under this Part.

The Director may, at the request of the government of a Convention country, cause a ship registered in that Convention country to be surveyed and, if the Director is satisfied that the requirements of the Convention are complied with, the Director may—

A certificate issued pursuant to a request under subsection (1) and containing a statement that it has been so issued has effect for the purposes of this Part as if the certificate had been issued by the relevant government. (Added 10 of 2009 s. 12 and E.R. 5 of 2021)

A Government surveyor, for the purpose of verifying—

shall have all the powers conferred by section 115.

Where there is attached to an accepted Convention certificate in respect of a Convention passenger ship not registered in Hong Kong a memorandum which—

the certificate shall have effect for the purpose of that voyage as if it were modified in accordance with the memorandum.

Where an accepted Convention certificate is produced in respect of a Convention passenger ship not registered in Hong Kong—

Where there is produced in respect of any such passenger ship as aforesaid an accepted Convention certificate, and also a certificate issued by or under the authority of the government of the country in which the ship is registered showing the number of passengers that the ship is fit to carry, and the Director is satisfied that that number has been determined substantially in the same manner as in the case of a passenger ship registered in Hong Kong, he may if he thinks fit dispense with any survey of the ship for the purpose of determining the number of passengers that it is fit to carry and direct that the last-mentioned certificate shall have effect as a passenger certificate.

The master of every Convention ship not registered in Hong Kong shall produce to the Director, at the time a clearance for the ship is demanded in respect of an international voyage from Hong Kong, accepted Convention certificates that are the equivalent of the certificates issued by the Director under this Ordinance that would be required to be in force in respect of the ship if it were a ship registered in Hong Kong; and a clearance shall not be granted, and the ship may be detained, until such certificates are so produced.

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 Merchant Shipping (Local Vessels) Ordinance (Cap. 548) for a ship which is a vessel required to be certificated under that Ordinance. (Added 5 of 1993 s. 6. Amended 43 of 1999 s. 91)

For the purposes of section 33 an accepted Convention certificate being the equivalent of—

shall not be accepted unless there is also produced the corresponding exemption certificate or qualified certificate, as the case may be.

This section applies to and only to a ship which is not—

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—

and a clearance shall not be granted and the ship may be detained until such documentary evidence is produced.

Subject to sections 25A and 34A, nothing in this Part— (Amended 5 of 1993 s. 8)

shall apply to any ship of less than 500 tons gross tonnage other than a passenger ship.

Subsection (1) shall not prevent the application—

by reason only that it is of less than 500 tons gross tonnage.

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.

This section applies to a listed certificate that may be issued by a certifying authority under a provision of this Ordinance.

A listed certificate may be issued by a certifying authority in electronic form.

A listed certificate is considered as issued in electronic form only if it is issued in accordance with the applicable requirements set out in the e-cert guidelines.

A certifying authority must cause a listed certificate issued by it in accordance with this section to be kept in the e-cert database.

This section applies to a listed certificate that may be endorsed by a certifying authority under a provision of this Ordinance.

A listed certificate may be endorsed by a certifying authority in electronic form.

A listed certificate is considered as endorsed in electronic form only if the endorsement is made in accordance with the applicable requirements set out in the e-cert guidelines.

A certifying authority must cause an endorsement made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

This section applies to a listed certificate the validity of which may be extended by a certifying authority under a provision of this Ordinance.

The validity of a listed certificate may be extended by a certifying authority in electronic form.

The validity of a listed certificate is considered as extended in electronic form only if the extension is made in accordance with the applicable requirements set out in the e-cert guidelines.

A certifying authority must cause an extension made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

This section applies to a listed certificate the validity of which may be suspended by a certifying authority under a provision of this Ordinance.

The validity of a listed certificate may be suspended by a certifying authority in electronic form.

The validity of a listed certificate is considered as suspended in electronic form only if the suspension is made in accordance with the applicable requirements set out in the e-cert guidelines.

If the validity of a listed certificate is suspended in electronic form, the requirement under any provision of this Ordinance for delivering up the certificate on the suspension of its validity is regarded as having been met and physical delivery of the certificate is no longer required.

A certifying authority must cause a suspension made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

This section applies to a listed certificate the validity of which may be restored by a certifying authority under a provision of this Ordinance.

The validity of a listed certificate may be restored by a certifying authority in electronic form.

The validity of a listed certificate is considered as restored in electronic form only if the restoration is made in accordance with the applicable requirements set out in the e-cert guidelines.

If the validity of a listed certificate is restored in electronic form, the requirement under any provision of this Ordinance for returning the certificate on the restoration of its validity is regarded as having been met and physical return of the certificate is no longer required.

A certifying authority must cause a restoration made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

This section applies to a listed certificate that may be cancelled, revoked or withdrawn by a certifying authority under a provision of this Ordinance.

A listed certificate may be cancelled, revoked or withdrawn by a certifying authority in electronic form.

A listed certificate is considered as cancelled, revoked or withdrawn in electronic form only if the cancellation, revocation or withdrawal is made in accordance with the applicable requirements set out in the e-cert guidelines.

If a listed certificate is cancelled, revoked or withdrawn in electronic form, the requirement under any provision of this Ordinance for delivering up the certificate on its cancellation, revocation or withdrawal is regarded as having been met and physical delivery of the certificate is no longer required.

A certifying authority must cause a cancellation, revocation or withdrawal made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

If the exhibiting or keeping of a listed certificate, or a copy of the certificate, on board the ship to which the certificate relates is required under a provision of this Ordinance, the requirement is also met—

In subsection (1)—

The Secretary may, by notice published in the Gazette, amend the Schedule.

A notice published under subsection (1) may contain any incidental, supplementary, consequential, savings or transitional provisions that are necessary or expedient in consequence of the amendments made under that subsection.

Every passenger ship to which section 9 applies shall—

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—

If any requirement of this section or of regulations as to the number of permissible passengers is not complied with in the case of any passenger ship, the Director shall not grant a clearance and if any such ship attempts to go to sea without a clearance, the Director may detain it.

A ship shall not carry passengers on more than one deck below the water line.

The owner and master of any ship which carries passengers in contravention of subsection (1) commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)

A ship shall not within the waters of Hong Kong carry any passengers in excess of the number allowed by the passenger certificate, or, where the ship has no passenger certificate, the ship shall not—

The owner, agent and master of any ship which carries passengers in contravention of subsection (1) commits an offence and is liable—

For the purposes of this section every person carried in a ship, other than—

shall, until the contrary is proved, be presumed to be a passenger on that ship.

Where the Director for the purpose of enabling persons to be moved from any place in consequence of a threat to their lives has permitted more persons to be carried on board a ship than are permitted under this Ordinance other than this section, the carriage of that excess of persons shall not be an offence under this Ordinance.

The owner or agent of any ship shall not be guilty of an offence under subsection (2) if he proves that—

In any proceedings for an offence under this section, a certificate purporting to be signed and issued by the Director for the purposes of this subsection shall be admitted in evidence on its production without further proof; and unless it is proved that the certificate has not been signed by the Director, it shall be presumed until the contrary is proved that any statement therein to the following effect is true, that is to say a statement that a ship is not fit to carry passengers under the provisions of this Ordinance or would not be fit to do so under those provisions if they applied to the ship, or a statement of the maximum number of passengers a ship is fit to carry under the provisions of this Ordinance or would be fit to do so under those provisions if they applied to the ship.

The master of every ship shall, on application to the Director for a port clearance, state the number of passengers he proposes to carry on the voyage; and if such number is in excess of the number allowed by the passenger certificate or exceeds 12 in the case of a ship which is not provided with a passenger certificate, the Director may refuse clearance.

Any master of a ship who—

commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months. (Amended E.R. 5 of 2021)

The master of any ship who, after having obtained a port clearance, leaves or attempts to leave the waters of Hong Kong with any number of passengers greater than that allowed by the clearance commits an offence and is liable to imprisonment for 6 months and to a fine of $10,000 and an additional fine of $5,000 in respect of each passenger in excess of the number permitted by the clearance.

Whenever the master of a ship is guilty of an offence under subsection (3), the owner and agent (if any) of the ship shall each be guilty of the same offence and shall each be liable to the same penalty as is prescribed for that offence, unless he proves that—

The Director may refuse a clearance to any ship carrying more than 12 passengers, except on the production of the passenger certificate, being a certificate in force and applicable to the voyage on which the ship is about to proceed; and he may detain such ship until such certificate is produced.

The Director may by order prohibit the conveyance of deck passengers by any ship.

No ship registered in Hong Kong, being a ship over 150 tons gross tonnage, shall proceed to sea on an international voyage unless the ship is provided with an efficient signalling lamp.

If any ship proceeds or attempts to proceed to sea in contravention of this section, the owner or master thereof commits an offence and is liable to a fine at level 1. (Amended E.R. 5 of 2021)

No ship registered in Hong Kong shall have on board as part of its equipment an anchor or cable unless—

If subsection (1) is contravened in respect of any ship the owner or master of the ship commits an offence and is liable to a fine at level 2. (Amended E.R. 5 of 2021)

If any person applies to any anchor or cable which has not passed the tests prescribed by regulations made under section 103 any mark prescribed by those regulations for denoting that it has passed those tests, or any other mark calculated to suggest that it has passed those tests, he commits an offence and is liable to a fine at level 2. (Amended E.R. 5 of 2021)

The master of every ship to which this section applies shall enter in the official log-book a statement, or, if there is no official log-book, keep some other record, of every occasion on which boat-drill or fire-drill is practised on board ship, or on which the appliances and equipment required to be carried by virtue of the life-saving appliances regulations and the fire-fighting appliances regulations are examined to see whether they are fit and ready for use and of the result of any such examination; and if—

the master shall enter a statement or keep some other record of the reasons why the drill was not practised or the appliances and equipment were not examined in that week, month or period.

The master shall, if so required by an officer of the Marine Department, produce for inspection any such entry or record.

If a master fails to comply with any requirement of this section, he commits an offence and is liable to a fine at level 2. (Amended E.R. 5 of 2021)

Subject to section 46, this section applies to—

In this Part, unless the context otherwise requires—

(Amended 10 of 2009 s. 14)

In determining, for the purposes of an international voyage, what are the ports between which a voyage is made, no account shall be taken of any deviation by a ship from her intended voyage which is due solely to stress of weather or any other circumstances which neither the master nor the owner of the ship could have prevented or forestalled; and for the purposes of determining whether a voyage is an international voyage any colony, protectorate or other dependency, any territory for whose international relations a government is separately responsible and any territory for which the United Nations are the administering authority, shall be taken to be a separate territory.

Any reference in this Part to the gross tonnage of a ship shall be construed as a reference to the tonnage of a ship ascertained in accordance with the tonnage regulations made under the Merchant Shipping (Registration) Ordinance (Cap. 415); and where in accordance with those regulations alternative tonnages are assigned to a ship, the gross tonnage of the ship shall, for the purposes of this Part be taken to be the larger of those tonnages. (Amended 74 of 1990 s. 104)

(Repealed 10 of 2009 s. 14)

Subject to any exemption conferred by or under this Ordinance, no ship registered in Hong Kong shall proceed or attempt to proceed to sea unless—

If any ship proceeds or attempts to proceed to sea in contravention of subsection (1), the owner or master of the ship commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)

Any ship which in contravention of subsection (1) attempts to proceed to sea without being surveyed and marked as mentioned in paragraphs (a) and (b) of that subsection may be detained until it has been so surveyed and marked.

Any such ship as is mentioned in subsection (1) which does not comply with the conditions of assignment shall be deemed to be unsafe for the purposes of section 67.

A ship registered in Hong Kong shall not be so loaded that its condition at any time is such that—

If any ship is loaded in contravention of subsection (1), the owner or master of the ship, subject to subsection (5), commits an offence and is liable—

Any additional fine imposed under subsection (2)(b) shall not exceed $6,000 for every 25 millimetres and for any fraction of 25 millimetres over and above one or more complete multiple of 25 millimetres, by which—

and, if the amount by which that load line was or would have been submerged was less than 25 millimetres, any such additional fine shall be $6,000.

If the master of a ship takes the ship to sea when it is loaded in contravention of subsection (1), or if any other person, having reason to believe that the ship is so loaded, sends or is party to sending it to sea when it is loaded in contravention of that subsection, then (without prejudice to any fine to which he may be liable in respect of an offence under subsection (2)) he commits an offence and is liable to a fine at level 4. (Amended E.R. 5 of 2021)

Where a person is charged with an offence under subsection (2), it shall be a defence to prove that the contravention was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner could have prevented or forestalled.

Without prejudice to any proceedings under the preceding provisions of this section, any ship which is loaded in contravention of subsection (1) may be detained until it ceases to be so loaded.

Where a ship registered in Hong Kong has been surveyed and marked in accordance with the load line regulations, an International Load Line Certificate shall be issued to the owner, agent or master of the ship on his application.

Subject to subsection (3), any certificate required by subsection (1) of this section to be issued—

The Director may request the government of a Convention country to cause a ship registered in Hong Kong to which this Part applies to be surveyed and to—

A certificate issued pursuant to a request under subsection (3) and containing a statement that it has been so issued has effect for the purposes of this Part as if the certificate had been issued by the Director. (Added 10 of 2009 s. 15)

For the purposes of this Part, an endorsement made on the certificate by the government of a Convention country on behalf of the Director in conformity with the Convention of 1966 has the same effect as an endorsement made by the Director under this Part. (Added 10 of 2009 s. 15)

Subject to any exemption conferred by or under this Part, no ship registered in Hong Kong shall proceed or attempt to proceed to sea unless an International Load Line Certificate is in force in respect of the ship. (Amended 6 of 2000 s. 14)

Before any such ship proceeds to sea, the master of the ship shall produce the certificate to the Director; and a clearance shall not be granted, and the ship may be detained, until the certificate is so produced.

If any ship proceeds or attempts to proceed to sea in contravention of this section, the master of the ship commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)

Where a certificate is issued in respect of a ship under section 51—

Before any ship registered in Hong Kong leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea, the master of the ship—

and, where such a notice has been posted up, the master of the ship shall cause it to be kept so posted up and legible until the ship arrives at some other dock, wharf, harbour or place.

If the owner or master of a ship fails to comply with any requirement imposed on him by this section, he commits an offence and is liable to a fine at level 1. (Amended E.R. 5 of 2021)

A Government surveyor may inspect any ship registered in Hong Kong, for the purpose of seeing that the provisions of this Part have been complied with in respect of the ship.

For the purposes of any such inspection any such surveyor shall have all the powers conferred by section 115.

This section applies to any ship not registered in Hong Kong, which—

The Director may, at the request of the government of the parent country of a ship to which this section applies, cause the ship to be surveyed and, if the Director is satisfied that the requirements of the Convention of 1966 are complied with, the Director may—

A certificate issued pursuant to a request under subsection (2) and containing a statement that it has been so issued has effect for the purposes of this Part as if the certificate had been issued by the relevant government. (Added 10 of 2009 s. 17)

Certificates issued as mentioned in subsection (2) shall be included among the certificates to be called “International Load Line Certificates”. (Amended 6 of 2000 s. 15)

Subject to subsection (2), and to any exemption conferred by or under this Ordinance, no ship not being a ship registered in Hong Kong shall proceed, or attempt to proceed, to sea from Hong Kong unless—

Subsection (1) does not apply to a ship in respect of which a valid Convention certificate is produced.

If any ship proceeds or attempts to proceed to sea in contravention of subsection (1) the owner or master of the ship commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)

Any ship which in contravention of this section attempts to proceed to sea without being surveyed and marked as mentioned in subsection (1)(a) and (b) may be detained until it has been so surveyed and marked.

If any such ship as is mentioned in subsection (1), not being a ship in respect of which a valid Convention certificate is produced, does not comply with the conditions of assignment, section 72 has effect in relation to the ship as if it were unsafe for the purposes of that section. (Amended 23 of 1998 s. 2; 10 of 2009 s. 18)

Where a ship not registered in Hong Kong is within the waters of Hong Kong, the ship shall not be so loaded that its condition at any time is such that—

Subsections (2), (3), (5) and (6) of section 49 shall have effect for the purposes of this section as if any references in those subsections to subsection (1) of that section, or to paragraph (a) or paragraph (b) of the said subsection (1), were a reference to subsection (1), or (as the case may be) to the corresponding paragraph of subsection (1), of this section:Provided that, in the case of a ship to which section 57 applies, the ship shall not be detained, and no proceedings shall be brought by virtue of this subsection, unless the ship has been inspected by a Government surveyor in pursuance of section 61.

Subject to this section, a Government surveyor may inspect any ship not registered in Hong Kong while the ship is within the waters of Hong Kong and for the purposes of any such inspection he shall have all the powers conferred by section 115.

Any such Government surveyor may go on board any ship to which section 57 applies, while the ship is within the waters of Hong Kong, for the purpose of demanding production of any International Load Line Certificate for the time being in force in respect of the ship. (Amended 6 of 2000 s. 16)

If on any such demand a valid Convention certificate is produced to the surveyor in respect of the ship, the powers of the surveyor under subsection (1) shall be limited to seeing that—

If on an inspection of a ship under this section the ship is found to have been so materially altered in respect of the matters referred to in paragraph (c) or paragraph (d) of subsection (3) that the ship is manifestly unfit to proceed to sea without danger to human life, section 72 has effect in relation to the ship as if it were unsafe for the purposes of that section. (Amended 23 of 1998 s. 2; 10 of 2009 s. 19)

Where a ship is detained under the provisions applied under subsection (4), the Director shall order the ship to be released as soon as he is satisfied that the ship is fit to proceed to sea without danger to human life.

The Director may exempt any ship or class of ships from this Part or the load line regulations if he is satisfied that the sheltered nature and conditions of voyages undertaken by such ships make it unreasonable or impracticable to apply this Part or the load line regulations.

The Director may exempt any ship which embodies features of a novel kind from any of the provisions of this Part or the load line regulations the application of which may seriously impede research into the development of such features and their incorporation in ships engaged on international voyages.

The Director may, in relation to a ship which does not normally ply on international voyages but is, in exceptional circumstances, required to undertake a single international voyage, exempt the ship from this Part and the load line regulations while the ship is engaged on that voyage; but no exemption shall be conferred unless the Director is satisfied that the ship complies with such safety requirements as are, in his opinion, adequate for the voyage which is to be undertaken by the ship.

Any exemption conferred under this section may be conferred subject to such conditions as the Director thinks fit; and where any such exemption is conferred subject to conditions, the exemption shall not have effect unless those conditions are complied with.

Where the Director exempts a ship under section 62 he shall issue an International Load Line Exemption Certificate to the owner or master of the ship.

Any certificate issued under this section shall be in such form, and shall be issued in such manner, as may be prescribed by the load line regulations.

Where in pursuance of the passenger ship construction regulations a passenger ship registered in Hong Kong is marked with subdivision load lines, and the lowest of those lines is lower than the line which, apart from this subsection, would be the appropriate load line for the purposes of section 49, that section shall have effect as if that subdivision load line were the appropriate load line for the purposes of that section.

Where in pursuance of the passenger ship construction regulations, or in pursuance of the Convention or any law of any country made for the purpose of giving effect to the Convention, a passenger ship, not being a ship registered in Hong Kong, is marked with subdivision load lines, and the lowest of those load lines is lower than the line which, apart from this subsection, would be the appropriate load line for the purposes of section 59, that section shall have effect as if that subdivision load line were the appropriate load line for the purposes of that section.

Section 28 and section 32 shall have effect in relation to any certificate which can be issued under this Part as they have effect in relation to a certificate under Part II.

Any certificate issued under this Part shall be admissible in evidence.

If—

is, having regard to the nature of the service for which the ship is intended, unfit by reason of the condition of the ship’s hull, equipment or machinery or by reason of undermanning or by reason of overloading or improper loading to go to sea without serious danger to human life, then, subject to subsection (2), the master and the owner shall each commit an offence and be liable to a fine of $500,000 and to imprisonment for 2 years.

It shall be a defence in proceedings for an offence under subsection (1) to prove that at the time of the alleged offence—

A prosecution under this section may only be commenced by or with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)

Any ship registered in Hong Kong and for the time being in the waters of Hong Kong which is unsafe within the meaning of section 67(1) may be detained in accordance with this section. (Amended 74 of 1990 s. 104; 10 of 2009 s. 21)

If the Director has reason to believe that a ship is unsafe, he may appoint a surveyor to survey the ship and report to him.

If, on receipt of a report under subsection (2), the Director is of the opinion that the ship to which the report relates is unsafe, he may order that the ship be detained.

Where an order for the detention of a ship is made under subsection (3)—

Where the Director orders that a ship be re-surveyed following an application under subsection (4)(b), the ship shall be re-surveyed by the surveyor who made the survey under subsection (2) and shall, if so required by the owner, agent or master of the ship, be accompanied when carrying out the re-survey by an assessor, being a person of nautical, engineering or other special skill—

On completion of the re-survey of a ship under subsection (5)—

Where, following the making of an order for the detention of a ship under subsection (3), the owner, agent or master carries out work to make the ship fit to proceed to sea, the owner, agent or master may apply to the Director to have the ship re-surveyed; and if, on a re-survey, the Director is satisfied that the ship is fit to proceed to sea he shall, subject to subsection (8), order it to be released.

The Director shall not order a ship to be released under subsection (7) until all the costs of and incidental to detention and survey and re-survey have been paid.

Where a ship has been detained under this section, the Director may, at any time—

If a court of survey is satisfied that a ship detained under section 68 was not unsafe at the time of detention the Government shall be liable to pay to the owner of the ship— (Amended 10 of 2009 s. 22)

If a court of survey is satisfied that a ship detained under section 68 was unsafe at the time of detention the owner, agent or master of the ship shall be liable to pay to the Government the costs of and incidental to such survey and detention. (Amended 10 of 2009 s. 22)

For the purposes of this section the costs of and incidental to the detention and survey of a ship shall include—

A copy of any order for the detention of a ship made under section 68 and a copy of any order varying or adding to such order shall be served by the Director as soon as possible on the owner, agent or master of the ship.

For the purposes of any survey of a ship ordered under section 68, any person authorized to make the survey shall have all the powers conferred by section 115.

When a ship not registered in Hong Kong is for the time being in the waters of Hong Kong and is found to be unsafe within the meaning of section 67, the provisions of this Part relating to the detention of ships shall, subject to the modifications contained in this section, apply to that ship as if it were a ship registered in Hong Kong. (Amended 23 of 1998 s. 2)

A copy of the order for the detention of the ship shall be served forthwith on the consular officer (if any) in Hong Kong representing the country to which the ship belongs, or if there is no such consular officer, on the owner, agent or master of the ship.

Where a ship has been detained, the consular officer on the request of the owner, agent or master of the ship and, if there is no consular officer, the owner, agent or master of the ship, may require that the person, if any, appointed by the Director to survey the ship shall be accompanied by such person as such officer, or owner, agent or master, as the case may be, may nominate; and, in such case, if the surveyor and such person agree the Director shall order that the ship be released or continues to be detained, but if they differ, the ship shall continue to be detained and the owner, agent or master shall have the same right of appeal to a court of survey against the report of the surveyor as is provided in section 68(4)(b)(ii).

Where the owner, agent or master of the ship appeals to the court of survey, the consular officer on the request of such owner, agent or master, or, if there is no such consular officer, the owner, agent or master may nominate not more than 2 competent persons to be members of the court of survey.

Notwithstanding that this section is expressed to apply to any ship not registered in Hong Kong while it is for the time being within the waters of Hong Kong, this section 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. (Amended 23 of 1998 s. 2)

In every contract of service, express or implied, between the owner of a ship registered in Hong Kong and the master or any seaman thereof, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner of the ship that—

shall use all reasonable means to ensure the safety of the ship for the voyage at the time when the voyage commences and to keep it in a safe condition during the voyage.

Nothing in this section shall subject the owner of a ship to any liability by reason of the ship being sent to sea in an unseaworthy state where, owing to special circumstances, the sending of the ship to sea in such a state was reasonable and justifiable.

The Chief Executive may, whenever the occasion may arise, appoint by warrant under his hand and the seal of Hong Kong a court of survey.

A court of survey shall consist of not less than 3 nor more than 5 members, of whom—

All proceedings before a court of survey shall be heard in open court.

Every member of the court may survey the ship subject of the proceedings and, for that purpose, shall have all of the powers conferred by section 115.

The court may order a ship to be surveyed and, for that purpose, may appoint, by majority vote in case of disagreement, any competent person to survey the ship and report thereon to the court.

The court shall have the same powers as are vested in the Director under this Ordinance to order that a ship be released or detained:Provided that unless a majority of the members of the court concur in an order for the detention of the ship the court shall order that the ship be released.

The owner, agent and master of any ship subject of the proceedings and any person appointed by the owner, agent or master of the ship may attend at any inspection or survey of a ship made or ordered by the court.

The court may make such order with respect to the cost of—

which costs shall be recoverable as a civil debt.

The presiding officer of the court shall send to the Chief Executive such report as may be directed by regulations made under section 109 and each other member of the court shall either sign the report or report to the Chief Executive the reasons for his dissent. (Amended 10 of 2009 s. 26)

The owner, master and any person for the time being responsible for the conduct of a ship registered in Hong Kong— (Amended 56 of 1990 s. 5)

If any of the collision regulations is contravened by a ship, the owner of the ship, the master and any person for the time being responsible for the conduct of the ship shall each be guilty of an offence and liable to a fine at level 4. (Replaced 56 of 1990 s. 5. Amended E.R. 5 of 2021)

It shall be a defence to a charge under subsection (2) for the person charged to prove that he took all reasonable precautions to prevent the contravention to which the charge relates. (Replaced 56 of 1990 s. 5)

The Director shall furnish a copy of the collision regulations to any master or owner of a ship who applies for it upon payment of the prescribed fee.

Where two ships collide and either of those ships is registered in Hong Kong it shall be the duty of the master or person in charge of the ship registered in Hong Kong involved in the collision, if and so far as he can do so without danger to his own ship, crew and passengers (if any)—

If the master or person in charge of any ship involved in a collision fails without reasonable cause to comply with subsection (1)—

The master of any ship registered in Hong Kong involved in a collision shall, where it is practicable to do so, immediately after the occurrence of the collision, cause a statement thereof and the circumstances under which it occurred to be entered in the official log-book (if any) of the ship.

The entry referred to in subsection (1) shall be signed by the master and also by the mate or one of the crew.

If the master of a ship involved in a collision contravenes subsection (1) he commits an offence and is liable to a fine at level 1. (Amended E.R. 5 of 2021)

Where any of the following casualties has occurred—

and, at the time it occurred, the ship was registered in Hong Kong, the owner or master of the ship shall, as soon as practicable, and in any case not later than 24 hours after the ship’s arrival at the next port, submit to the Director a written report of the accident or damage.

The report referred to in subsection (1) shall—

If the owner or master of a ship fails without reasonable excuse to comply with this section he commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)

If the owner or agent of any ship registered in Hong Kong has reason, owing to the non-appearance of the ship or to any other circumstance, to believe that the ship has been wholly lost he shall, as soon as practicable, submit a written report of the loss to the Director.

The written report referred to in subsection (1) shall specify—

Any owner or agent who fails to comply with this section commits an offence and is liable to a fine at level 1. (Amended E.R. 5 of 2021)

(Repealed 56 of 1990 s. 6)

Every person in charge of a wireless telegraph station which is under the control of the Authority under the Telecommunications Ordinance (Cap. 106), or which is established or installed under a licence issued by the Authority, shall, on receiving the signal prescribed by regulations made under section 100, regarding warnings of navigational dangers, for indicating that a message is about to be sent under those regulations— (Amended 56 of 1990 s. 6; 38 of 1993 s. 10; 36 of 2000 s. 28)

Compliance with subsection (3) shall be deemed to be a condition of every licence issued by the Authority under the Telecommunications Ordinance (Cap. 106) in respect of the establishment or installation of a wireless telegraph station. (Amended 38 of 1993 s. 10; 36 of 2000 s. 28)

(Repealed 56 of 1990 s. 6)

If the master of a ship uses or displays or causes or permits any person under his authority to use or display—

he commits an offence and is liable to a fine at level 4 and shall further be liable to pay compensation for any labour undertaken, risk incurred or loss sustained in consequence of the signal having been supposed to be a signal of distress; and that compensation may, without prejudice to any other remedy, be recovered in the same manner as salvage. (Amended 56 of 1990 s. 7; E.R. 5 of 2021)

Nothing in section 82(3) shall interfere with the transmission of signals prescribed by regulations made under section 100.

The master of a ship registered in Hong Kong, on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress, shall proceed with all speed to the assistance of the persons in distress (informing them if possible that he is doing so) unless he is unable, or in the special circumstances of the case considers it unreasonable or unnecessary, to do so, or unless he is released under subsection (3) or (4).

Where the master of any ship in distress has requisitioned any ship registered in Hong Kong that has answered his call, it shall be the duty of the master of the requisitioned ship to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress.

A master shall be released from the obligation imposed by subsection (1) as soon as he is informed of the requisition of one or more ships other than his own and that the requisition is being complied with by the ship or ships requisitioned.

A master shall be released from the obligation imposed by subsection (1) and, if his ship has been requisitioned, from the obligation imposed by subsection (2), if he is informed by the persons in distress, or by the master of any ship that has reached the persons in distress, that assistance is no longer required.

If a master fails to comply with subsection (1) or subsection (2), he commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)

If the master of a ship registered in Hong Kong, on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress, is unable, or in the special circumstances of the case considers it unreasonable or unnecessary, to go to the assistance of the persons in distress, he shall forthwith cause a statement to be entered in the official log-book, or if there is no official log-book cause other record to be kept, of his reasons for not going to the assistance of those persons.

The master of every ship registered in Hong Kong for which an official log-book is required shall enter, or cause to be entered, in the official log-book every signal of distress or message that a vessel, aircraft or person is in distress at sea.

Any master who fails to comply with subsection (6) or (7) commits an offence and is liable to a fine at level 1. (Amended E.R. 5 of 2021)

The master of a ship registered in Hong Kong, when ice is reported on or near his course, shall at night either proceed at a safe speed or change his course so as to keep amply clear of the ice reported and of the area of danger.

The master of any ship who contravenes subsection (1) commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)

No person on any ship registered in Hong Kong shall, when the ship is going ahead—

Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 1. (Amended E.R. 5 of 2021)

Any person who sends by, or, not being the owner or master of the vessel, carries in, any ship any dangerous goods without—

commits an offence and is liable to a fine at level 4:

Provided that if any such person satisfies the magistrate or court that he— (i)was an agent in the shipment of the goods; and (ii)was not aware of, and had no reason to suspect, that the goods shipped by him were dangerous goods,

he is liable to a fine at level 2.

Any person who—

commits an offence and is liable to a fine at level 5.

Where any dangerous goods—

a magistrate or court may order that the dangerous goods be forfeited to the Government and thereafter disposed of in such manner as he thinks fit. (Amended 10 of 2009 s. 28)

A magistrate or court may make an order under subsection (1) notwithstanding that—

The Secretary may make regulations for the prevention of collisions at sea. (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

The collision regulations may—

The Secretary may make regulations prescribing the requirements with which the hull, equipment and machinery of and fuel used in passenger ships registered in Hong Kong shall comply. (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

Without prejudice to the generality of the powers conferred on the Secretary under subsection (1), the passenger ship construction regulations— (Amended L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

This section shall not operate to prejudice the generality of any power under any other enactment to prescribe the requirements with which passenger ships shall comply. (Replaced 20 of 1996 s. 2)

If the passenger ship construction regulations are contravened in any respect in relation to a ship the owner or master of the ship commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)

The Secretary may make regulations in respect of passenger ships registered in Hong Kong for all or any of the following matters— (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

If any regulation made under this section is contravened by any person the master of the passenger ship involved in the contravention commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)

The Secretary may make regulations prescribing the requirements for the hull, equipment and machinery of and the fuel used in ships to which section 11 applies and requiring any such ships which are registered in Hong Kong to be surveyed to such extent, in such manner and at such intervals as may be prescribed by the regulations.

The cargo ship construction and survey regulations shall include such requirements as appear to the Secretary to be necessary to implement the provisions of the Convention relating to the hull, equipment and machinery of such ships, except as far as those provisions are implemented by any other regulations made under this Ordinance.

The cargo ship construction and survey regulations may—

The Secretary may make regulations requiring ships to which this section applies to be provided with radio equipment of such a nature (but not including shipborne navigational equipment) as may be prescribed by the regulations and to maintain such a radio service and to carry such number of radio officers or operators, of such grades and possessing such qualifications, as may be so prescribed; and the regulations may contain provisions for preventing, so far as practicable, electrical interference by other apparatus on board with the equipment provided under the regulations. (Amended 20 of 1996 s. 9; 6 of 2000 s. 17; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

Regulations made under this section shall include such requirements as appear to the Secretary to implement such provisions of the Convention as relate to radio installations. (Amended 20 of 1996 s. 9; 6 of 2000 s. 17; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

Without prejudice to the generality of this section, radio regulations may—

If any radio officer or operator contravenes any regulations made in pursuance of subsection (3)(a), he commits an offence and is liable to a fine at level 1 and if the radio regulations are contravened in any other respect in relation to any ship, the owner or master of the ship commits an offence and is liable to a fine at level 2. (Amended E.R. 5 of 2021)

This section applies to—

The Secretary may make regulations— (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

and the requirements prescribed under paragraph (a) or (b) may include requirements relating to the position and method of fitting the navigational equipment.

If a ship to which this section applies proceeds, or attempts to proceed, to sea without carrying such navigational equipment as it is required to carry by regulations made under subsection (1) or carrying navigational equipment not complying with such regulations, the owner or master of the ship commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)

If any person establishes or operates any such apparatus as is mentioned in subsection (1)(c) and the apparatus does not comply with regulations made thereunder, he commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)

This section applies to—

The Secretary may make regulations with respect to all or any of the following matters— (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

The life-saving appliances regulations and the fire-fighting appliances regulations shall include such requirements as appear to the Secretary to be necessary to implement the provisions of the Convention and the Simla Rules 1931 or any replacement of those Rules relating to the matters referred to in subsection (1). (Amended L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

This section applies to—

Provided that this section shall not apply to a ship by reason of its being within the waters of Hong Kong if it would not have been in such waters but for stress of weather or other circumstance which neither the master nor the owner of the ship could have prevented or forestalled.

The Secretary may make regulations prescribing— (Amended 56 of 1990 s. 10; 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

Regulations made under this section may be made to apply to all ships registered in Hong Kong wherever they may be. (Added 56 of 1990 s. 10)

The Secretary may make regulations for regulating in the interests of safety the carriage of dangerous goods in ships to which this section applies. (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

Regulations made under subsection (1) may—

If any of the regulations made under subsection (1) are not complied with—

This section applies to—

The Secretary may make regulations— (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

In relation to any matter authorized or required by Part IV to be prescribed by the load line regulations, those regulations may make different provision by reference to, or to any combination of, any of the following—

The Secretary may make regulations with respect to the testing of anchors and chain cables for use in ships registered in Hong Kong, and such regulations may in particular— (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

The Secretary may make regulations prescribing requirements to be complied with where cargo is carried in any uncovered space on the deck of a ship to which Part IV applies; and different requirements may be so prescribed in relation to different descriptions of ships, different descriptions of cargo, different voyages or classes of voyage, different seasons of the year or any other different circumstances. (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

If the load line regulations provide, either generally or in particular cases or classes of cases, for assigning special freeboards to ships which are to have effect only where a cargo of timber is carried, then, without prejudice to the generality of subsection (1), the deck cargo regulations may prescribe special requirements to be complied with in circumstances where any such special freeboard has effect.

In prescribing any such special requirements as are mentioned in subsection (2), the Secretary shall have regard in particular to Chapter IV of the Convention of 1966. (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

If the deck cargo regulations are contravened—

the owner or master of the ship commits an offence and is liable to a fine at level 4. (Amended E.R. 5 of 2021)

For the purpose of securing compliance with the deck cargo regulations any person authorized in that behalf by the Director may inspect any ship to which Part IV applies which is carrying cargo in any uncovered space on its deck; and for the purposes of any such inspection any such person shall have all the powers conferred by section 115.

The Secretary may make regulations— (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

Without prejudice to the generality of subsection (1), regulations made under that subsection may in particular provide for—

Regulations made under this section may—

The Secretary may make regulations specifying such charts, directions or information as are necessary or expedient for the safe operation of ships, and those regulations may require ships registered in Hong Kong, or such class of ships registered in Hong Kong as may be specified in the regulations, to carry, either at all times or on such voyages as may be specified in the regulations, copies of the charts, directions or information so specified. (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)

If a ship goes to sea, or attempts to go to sea without carrying copies of the charts, directions or information which it is required to carry by regulations under this section, the owner or master of the ship commits an offence and is liable to a fine at level 2. (Amended E.R. 5 of 2021)

The Financial Secretary may make regulations prescribing the fees to be paid for any inspection carried out by a Government surveyor under any power conferred by this Ordinance and in respect of any certificate issued by the Director under this Ordinance. (Amended 10 of 2009 s. 30)

Any fees payable under regulations made under subsection (1) shall be paid to the Government. (Amended 10 of 2009 s. 30)

Subsection (2) shall not apply to any fee paid in respect of—

The Financial Secretary may make regulations prescribing— (Amended 10 of 2009 s. 30)

Regulations made under this section by the Financial Secretary may amend— (Amended 10 of 2009 s. 30)

The Secretary may make regulations prescribing the persons by whom and the conditions under which any such payments as are mentioned in subsection (3A)(a) shall be made. (Added 20 of 1996 s. 5. Amended L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 30)

For the avoidance of doubt, it is hereby declared that the amendments made to this Ordinance by the Merchant Shipping (Safety) (Amendment) Ordinance 1996 (20 of 1996) shall not affect—

The Secretary may issue instructions to Government surveyors and may make regulations— (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 30)

(Repealed 10 of 2009 s. 30)

Any regulations made under this Ordinance may empower the Director to—

Any instructions, directions or codes of practice referred to in subsection (1)(c) and any amendment thereof shall be published in such manner as may be specified in the regulations or, if not so specified, in such manner as the Director thinks fit; and such publication shall be notified in the Gazette together with advice as to where copies may be obtained.

Any regulations made under this Ordinance and any notice or other instrument made or issued under such regulations may provide for the adoption, for the purposes of the regulations, of standards, specifications or codes of practice issued by The International Maritime Organization or other appropriate authority.

The Secretary may give to the Director and to any public officer such directions as he thinks fit, either generally or in any particular case, with respect to the performance or exercise of their respective duties or powers under this Ordinance.

A person to whom a direction is given by the Secretary under subsection (1) shall, in the performance or exercise of his duties or powers under this Ordinance, comply with that direction.

Subject to subsection (3), the Director may, either generally or in any particular case, delegate to any other public officer the performance or exercise on the Director’s behalf of any of the functions imposed or conferred on the Director under this Ordinance.

If any function imposed or conferred on the Director under this Ordinance is performed or exercised by any other public officer, the Director is, unless the contrary is proved, regarded as having delegated to the public officer under subsection (1) the performance or exercise of the function.

No delegation under subsection (1) is to be made of any power under this Ordinance to make subsidiary legislation.

In this section—

The Director may exempt any ship or class of ships from any requirements of this Ordinance or any regulations made under this Ordinance, either absolutely or subject to such conditions as he thinks fit. (Amended 56 of 1990 s. 15)

Where any exemption is conferred under subsection (1) subject to conditions, the exemption shall not have effect unless those conditions are complied with.

Without prejudice to the generality of subsection (1), where a ship not normally engaged on international voyages is required to undertake a single international voyage, the Director may, if he is of the opinion that the ship complies with safety requirements that are adequate for that voyage, exempt the ship from any of the safety requirements imposed by or under this Ordinance. (Amended 56 of 1990 s. 15; 10 of 2009 s. 33)

The Director may modify any requirement imposed by or under this Ordinance— (Amended 56 of 1990 s. 15)

Any person empowered to exercise the powers contained this section may—

It is hereby declared that nothing in subsection (1) authorizes a person unnecessarily to prevent a ship from proceeding on a voyage.

The Secretary may by regulations make provision as to the procedure to be followed in connexion with the taking of samples under subsection (1)(f) and subsection (6) and provision as to the way in which samples that have been so taken are to be dealt with. (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 34)

Where a person proposes to exercise the power conferred by subsection (1)(g) in the case of an article or substance found in any premises or ship, he shall, if so requested by a person who at the time is present in and has responsibilities in relation to the premises or ship, cause anything which is to be done by virtue of that power to be done in the presence of that person unless he considers that its being done in that person’s presence would be prejudicial to the safety of that person.

Before exercising the power conferred by subsection (1)(g), the person shall consult such other persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.

Where under the power conferred by subsection (1)(h) a person takes possession of any article or substance found in any premises or ship, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power he shall, if it is practicable for him to do so, take a sample of the substance and give to a responsible person at the premises or on board the ship a portion of the sample marked in a manner sufficient to identify it.

No answer given by a person in pursuance of a requirement imposed under subsection (1)(i) shall be admissible in evidence against that person or the husband or wife of that person in any proceedings except proceedings in pursuance of section 116(c) in respect of a statement in or a declaration relating to the answer; and a person nominated as mentioned in subsection (1)(i) shall be entitled, on the occasion on which the questions there mentioned are asked, to make representations to the person exercising the powers under this section on behalf of the person who nominated him.

Nothing in this section shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court.

A Government surveyor may inspect any ship for the purpose of seeing that it complies with this Ordinance or any regulations made thereunder; and if he finds that it does not comply with this Ordinance or regulations he shall give to the owner, agent or master notice in writing stating in what respect it fails to comply and what in his opinion is required to remedy the failure.

Where a notice under subsection (1) has been given to the owner, agent or master of a ship, the ship shall be detained by the Director until a certificate by a Government surveyor is produced to the effect that the failure has been remedied.

Where, for the purposes of this Ordinance, any document is to be served on any person, that document may be served by any public officer of the Marine Department of the rank of Marine Inspector Class II or above or by any other person authorized in that behalf by the Director—

Any document referred to in subsection (1) which is to be served on the owner or master of a ship may be addressed to the owner or master of the ship without specifying the name of the owner or master.

Any person who obstructs the service under this Ordinance of a document on the master of a ship commits an offence and is liable to a fine at level 2. (Amended E.R. 5 of 2021)

Any owner, agent or master of a ship who is party or privy to an offence under subsection (3) commits an offence and is liable to a fine at level 5 and to imprisonment for 2 years. (Amended E.R. 5 of 2021)

In any legal proceedings for a contravention of this Ordinance, any entry in the official log-book of a ship, deck log-book, engine room log-book or other similar document, or any document purporting to be a copy of any such entry and to be certified as a true copy by any person specified in subsection (2) shall, until the contrary is proved—

For the purposes of subsection (1), the persons who may certify copies of entries in an official log-book, deck log-book, engine room log-book or other similar document are—

(Repealed 10 of 2009 s. 37)

For the avoidance of doubt, it is hereby declared that notwithstanding the repeal of sections 59 and 60 and Parts VI and VII of the Merchant Shipping Ordinance (Cap. 281), the following regulations (hereinafter referred to as the specified regulations)—

shall, save in so far as they are inconsistent with any of the provisions of this Ordinance or any regulations made thereunder, continue in operation until such time as they are replaced by regulations made under this Ordinance which are expressed to be in substitution of the specified regulations, and shall be deemed for all purposes to have been made under the Ordinance and to be liable to amendment thereby or thereunder.