Merchant Shipping (Seafarers) (Returns of Births, Deaths and Missing Persons) Regulation
(Cap. 478, sections 121 and 134)
(Enacting provision omitted—E.R. 5 of 2024)
[2 September 1996] L.N. 342 of 1996
(Format changes—E.R. 5 of 2024)
(Omitted as spent—E.R. 5 of 2024)
This Regulation shall not apply to a fishing vessel except a trawler to which Part XII of the Merchant Shipping Ordinance (Cap. 281) applies.
Where a child is born in a Hong Kong ship, the master of the ship shall make a return of the birth in accordance with sections 7 and 8.
Where—
any person dies in a Hong Kong ship; or
any person employed in a Hong Kong ship dies outside Hong Kong, whether or not such death occurs in the ship,
the master of the ship shall—
make a return of the death in accordance with sections 7 and 8; and
as soon as practicable but, in any case, not later than 3 days after the death, notify the death to such person, if any, as the deceased has named to him as his next of kin.
Where any person is missing from a Hong Kong ship, the master of the ship shall make a return of the missing person in accordance with sections 7 and 8.
Where—
any birth of a child to, or death of, a person who holds an identity card occurs in the course of a voyage in a ship other than a Hong Kong ship; and
the ship thereafter enters the waters of Hong Kong in the course of or at the end of the voyage during which the birth or death occurs,
the master of the ship shall make a return of the birth or of the death in accordance with sections 7 and 8.
Where—
any person who holds an identity card is missing in the course of a voyage in a ship other than a Hong Kong ship; and
the ship thereafter enters the waters of Hong Kong in the course of or at the end of the voyage during which the person is missing,
the master of the ship shall make a return of the missing person in accordance with sections 7 and 8.
Any return of a birth, death or missing person required to be made under section 3, 4 or 5 shall be made by the master of the ship to the Superintendent as soon as practicable after (but, in any case, not later than 6 months after)—
the birth or death to which it relates; or
the person is found missing,
as the case may be.
Any return of a birth, death or missing person required to be made under section 6 shall be made by the master of the ship to the Superintendent before the ship leaves the waters of Hong Kong.
Without prejudice to subsections (1) and (2) and section 15, a return of a birth, death or missing person required to be made under section 3, 4, 5 or 6 which is not made within the period prescribed for the making thereof shall not be invalid by reason only that it is not made within that period.
A return of a birth, death or missing person required to be made under this Regulation—
shall be in writing;
shall be signed by the master of the ship as informant; and
shall contain—
in the case of a birth, subject to subsection (2), the particulars specified in Schedule 1;
in the case of a death, the particulars specified in Schedule 2; and
in the case of a missing person, the particulars specified in Schedule 3,
or so many of those particulars as the master may reasonably be able to obtain, having regard to the circumstances of the case.
In the case of the birth of an illegitimate child, the name of any person as father of such child shall not be entered in a return of the birth required to be made under this Regulation except in the circumstances provided in section 12(2)(a) to (d) of the Births and Deaths Registration Ordinance (Cap. 174).
Where it appears to the Superintendent that the master of a ship cannot perform the duty imposed on him by section 4 in respect of a death because he has himself died or is incapacitated or missing and either—
the death in question has been the subject of an inquest held by a coroner or an inquiry held pursuant to section 122 of the Ordinance, and the findings of the inquest or inquiry, as the case may be, include a finding that the death occurred; or
an autopsy has been performed on the deceased’s body, and in consequence a coroner is satisfied that an inquest is unnecessary,
then the Superintendent shall obtain such of the particulars specified in Schedule 2 as he may be able to obtain in the circumstances of the case.
Where—
an inquest is held on a dead body or touching a death or an autopsy is performed on a dead body as a result of which a coroner is satisfied that an inquest is unnecessary; and
it appears to the coroner that the death in question is a death referred to in section 4(a) or (b),
the coroner shall send to the Superintendent particulars in respect of the deceased of the kind specified in Schedule 4.
This section applies to the death of a person—
occurring outside Hong Kong;
who holds an identity card;
who was, at the time of his death, employed in a ship other than a Hong Kong ship, whether or not such death occurred in the ship; and
in respect of which no return is required to be made under the other provisions of this Regulation and section 9 is not applicable.
Where the Superintendent is satisfied that a death to which this section applies has occurred and—
the death has been the subject of—
an inquest held by a coroner; or
an inquiry held by an appropriate person of the country in which the ship concerned is registered,
and the findings of the inquest or inquiry, as the case may be, include a finding that the death occurred; or
an autopsy has been performed on the deceased’s body, and in consequence a coroner is satisfied that an inquest is unnecessary,
then the Superintendent shall obtain such of the particulars specified in Schedule 2 as he may be able to in the circumstances of the case.
The Superintendent shall keep—
a separate record of births in the form specified in Schedule 5 in which shall be recorded the particulars sent to him of births in accordance with sections 7 and 8;
a separate record of deaths in the form specified in Schedule 6 in which shall be recorded the particulars—
sent to him of deaths in accordance with sections 7 and 8;
obtained by him of deaths in accordance with either section 9 or 11; and
sent to him of deaths in accordance with section 10; and
a separate record in the form specified in Schedule 7 in which shall be recorded the particulars sent to him of missing persons in accordance with sections 7 and 8.
Where the Superintendent is satisfied that there is an error or omission in any entry made in the record of births, deaths or missing persons kept by him under section 12, he may, in accordance with evidence of the true facts relating to the entry, rectify it in such manner as may appear to him appropriate.
Where it appears to the Superintendent that an entry of the birth of a child in the record of births kept by him under section 12 should be amended—
where the child is an illegitimate child and no person has been registered as the father of the child, so as to show a person as the father;
so as to reflect the making of a declaration of parentage or legitimacy in respect of the child by a court pursuant to section 6 of the Parent and Child Ordinance (Cap. 429); or
so as to reflect an order of a court under section 12 of the Parent and Child Ordinance (Cap. 429) that the child be treated in law as the child of the parties to a marriage,
he may amend the entry in such manner as appears to him to be appropriate.
In exercising the powers conferred by subsection (2), the Superintendent shall have regard to the circumstances and manner in which the Registrar may re-register a person’s birth for the purposes of the following provisions, namely—
as regards the powers conferred by subsection (2)(a), section 12A of the Births and Deaths Registration Ordinance (Cap. 174);
as regards the powers conferred by subsection (2)(b), section 12B of the Births and Deaths Registration Ordinance (Cap. 174);
as regards the powers conferred by subsection (2)(c), section 12C of the Births and Deaths Registration Ordinance (Cap. 174).
Within 7 days after the rectification or amendment of an entry in his records in accordance with this section, the Superintendent shall cause a certified copy of the rectified or amended entry to be sent to the Registrar.
The Superintendent shall within 7 days of the completion of an entry in any record kept in accordance with section 12 send to the Registrar a copy of the entry, certified by him, or by a person authorized by him to act for the purpose, to be a true copy of the entry.
The master of a ship who contravenes section 3, 4, 5 or 6(1) or (2) commits an offence and is liable on conviction to a fine at level 1.
The Authority may, by notice in the Gazette, amend Schedule 1, 2, 3, 4, 5, 6 or 7.
name of the ship; and
wherever it is registered, its port of registry and official number; and
if it is not a Hong Kong ship, the name of its owner and his address.
date of birth;
if the birth took place at sea, the position of the ship by latitude and longitude at the time of the birth; and
in any other case, the place of birth;
name (if any) and surname; and
sex.
name and surname;
usual residence; and
nationality;
but, if the child is illegitimate, no particulars of the father shall be given except in the circumstances provided in section 12(2) of the Births and Deaths Registration Ordinance (Cap. 174).
name and surname;
maiden surname (being the name under which she contracted her marriage or, where she has been married more than once, her first marriage); and
surname at marriage, if different from maiden surname;
usual residence; and
nationality.
Name and surname of master.
name of the ship;
wherever it is registered, its port of registry and official number; and
if it is not a Hong Kong ship, the name of its owner and the owner's address;
(where the ship is a Hong Kong ship) type of the ship specified in the certificate of registry or certificate of provisional registry granted in respect of the ship under the Merchant Shipping (Registration) Ordinance (Cap. 415); and (L.N. 22 of 2024)
gross tonnage of the ship as determined in accordance with regulation 6 of the Merchant Shipping (Registration) (Tonnage) Regulations (Cap. 415 sub. leg. C). (L.N. 22 of 2024)
date of death or loss;
if the death took place in the ship or in a ship’s boat or if the deceased was lost from the ship or a ship’s boat, the place of death or, if at sea, the position of the ship or ship’s boat by latitude and longitude at the time of the death or loss (as the case may require); and
in any other case, the place of death;
name and surname;
sex;
date of birth (if known) or age;
(if known) maiden surname of woman who has been married (being the name under which she contracted her marriage or, where she has been married more than once, her first marriage);
if the deceased is a seafarer—rank (or position) and department; and
in any other case—occupation or profession; (L.N. 22 of 2024)
usual residence at time of death or loss;
nationality; and
cause of death or loss and type of death, if known (certified if possible by the ship’s medical practitioner or any other person who is a qualified medical practitioner as defined by section 43 of the Merchant Shipping (Seafarers) (Working and Living Conditions) Regulation (Cap. 478 sub. leg. AF)). (L.N. 22 of 2024)
name and surname of master; or
in the case of a death authorized to be recorded under section 9 of this Regulation and where no informant is notified the name and office of the person who conducted the inquiry pursuant to section 122 of the Ordinance or of the coroner who held the inquest or was satisfied that no inquest was necessary.
name of ship; and
wherever it is registered, its port of registry and official number; and
if it is not a Hong Kong ship, the name of its owner and his address.
date on and time at which person is found missing;
the place where the ship was on that date at that time or, if at sea, the position of the ship by latitude and longitude on that date at that time (as the case may require);
name and surname;
sex;
date of birth (if known) or age;
(if known) maiden surname of woman who has been married (being the name under which she contracted her marriage or, where she has been married more than once, her first marriage);
occupation, rank or profession;
usual residence at time person is missing;
nationality; and
grounds for presumption of death.
Name and surname of master.
name of ship; and
wherever it is registered, its port of registry and official number.
date of death or loss;
if the death took place in the ship or in a ship’s boat or if the deceased was lost from the ship or a ship’s boat, the place of death or, if at sea, the position of the ship or ship’s boat by latitude and longitude at the time of the death or loss (as the case may require); and
in any other case, the place of death;
name and surname;
sex;
date of birth (if known) or age;
(if known) maiden surname of woman who has been married (being the name under which she contracted her marriage or, where she has been married more than once, her first marriage);
occupation, rank or profession;
usual residence at time of death or loss; and
nationality.
Certification by the coroner that—
an inquest was held; or
an autopsy was performed or a preliminary investigation was held; and
the cause of death.
| No. | Name of ship, official no. and port of registry | Date and place of birth | Name of child | Sex | Name, surname, usual residence and nationality of father | Name, surname, maiden surname, usual residence and nationality of mother | Name, description and home address of informant | When registered | Signature of Super- intendent | Baptismal or given name if added after registration of birth |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | |
| |
| No. | Name, type and gross tonnage of ship, official no. and port of registry | Name and address of ship’s owner (additional information for a non-Hong Kong ship) | Date and place (if at sea—latitude and longitude of ship’s position) of death or loss | Name, surname and usual residence at time of death or loss | Maiden surname (for a woman who has been married) | Sex | Date of birth or age | Nationality, and (for seafarer) rank (or position) and department or (for other cases) occupation or profession | Cause of death or loss and type of death | Name and surname of master, or name and office of the person or coroner referred to in section 3(b) of Schedule 2 to the Merchant Shipping (Seafarers) (Returns of Births, Deaths and Missing Persons) Regulation (Cap. 478 sub. leg. F) | When registered | Signature of Super-intendent |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) | (12) | |
| No. | Name of ship, official no. and port of registry | Name, surname and usual residence of missing person | Sex | Age | Profession or occupation, rank or title (if any) and nationality | Date and place of loss and grounds for presumption of death | Name, description and home address of informant | When registered | Signature of Super- intendent |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | |
| |