MERCHANT SHIPPING (REGISTRATION) ORDINANCE
Hong Kong
MERCHANT SHIPPING (REGISTRATION) ORDINANCE
(CHAPTER 415)
ARRANGEMENT OF SECTIONS
ion.
I PRELIMINARY
hort title
nterpretation
pplication of Ordinance to certain structures, etc.
II ADMINISTRATION
egistrar of Ships
nstructions
rotection of public officers
III THE REGISTER
egister of ships
nspection, etc. of register
ectification of register
Correction of clerical errors in register
IV REGISTRATION OF SHIPS
strable ships and interests
Registrable ships
Registration of property in ships
urement and identification of ships
Tonnage regulations
Tonnage and description of ships
Tonnage of ships registered, etc. outside Hong Kong
Ship names regulations
Rules as to ship names
Marking of ship
stration procedures
Application for registration
Declarations by and on behalf of owners and demise charterers
Evidence on first registration
Refusal of registration
Entry of particulars in the register
Certificate of registry
Retention of documents
Port of registry
isional registration
Application for provisional registration
Entry of particulars in the register on provisional registration
Period of provisional registration
Certificate of provisional registration
Retention of documents on provisional registration
Application of Ordinance in relation to ships provisionally
registered
etc. of certificates and flags
Custody of certificate
Use of improper certificate
Replacement of lost, etc. certificate
Application of preceding sections to certificate of provisional
registry
Proper colours
V TRANSFERS AND TRANSMISSIONS
Application and interpretation of Part V
Transfer of ships
Declaration of transfer
Registration of transfer
Transmission of ship by operation of law
VI MORTGAGES
Definitions in Part VI
Mortgage of ship
Priority of mortgages, etc.
Mortgagee not treated as owner
Mortgagee to have power of disposal
Transfer of mortgage
Transmission of mortgage by operation of law
Discharge of mortgage
Power of disposal by owner
Trusts not recognized
Equities not excluded
VII CLOSURE OF REGISTRATION
es of owners, etc. in relation to registrability of ships
Notice of change of address, etc. of owner
Notice of dissolution, etc. of body corporate owner or charterer
Notice of termination of demise charter
Notice of loss, transfer, etc. of ship
Delivery of foreign certificate of deletion
ure of registration
Owner seeking closure of registration
Closure on receipt of notice concerning registrability
Closure on failure to comply with requirements of Ordinance
Closure on failure to pay fees or charges
Closure on failure of representative person to act, etc.
Closure by direction generally
Issue of certificate of deletion
Delivery of certificate of registry on closure
Register entries relating to mortgages
VIII REPRESENTATIVE PERSONS
Representative person
Notice of change of business by representative person
Notice of intention to cease acting
Duties, etc. of representative person
Notice to replace representative person
IX GOVERNMENT SHIPS
Meaning of "Government ship"
Registrability of Government ships
Application for registration of Government ship
Entry of particulars of Government ship in the register
Certificate of registry of Government ship
Retention of documents relating to Government ship
Transfer of registered Government ship
Application of Ordinance to Government ships
X MISCELLANEOUS
Alterations to ships
Registration a new
Grant of new certificate of registry
Mode of making declarations
Power of Registrar to dispense with declarations, etc.
False declarations or information
Documents, copies and admissibility in evidence
Service of documents
Taking detained ship to sea
Fees and charges regulations
References to ship registered in Hong Kong
Amendment of Schedules
Time limit for criminal proceedings
XI TRANSITIONAL SHIPS
Interpretation of Part XI
Ships registered under the Act
Ships not yet registered under the Act
Entry of particulars in respect of transitional ships
Certificate of registry for transitional ships
Retention of documents for transitional ships
Return of certificates issued under the Act
Transitional ship ceasing to be registrable
Application of Ordinance to transitional ships
XII CONSEQUENTIAL AND SAVINGS PROVISIONS
Application of Merchant Shipping Acts
Savings, amendments and repeals
dule 1. Proper colours of a registered ship
dule 2. Specified Ordinances
dule 3. Application of Ordinance to Government ships
dule 4. Application of Ordinance to transitional ships
dule 5. Amendments and repeals
rdinance to provide for the registration of ships in Hong Kong
and for
ted matters.
ecember 1990] L. N. 366 of 1990
PART I PRELIMINARY
hort title
Ordinance may be cited as the Merchant Shipping
(Registration)
nance.
nterpretation
In this Ordinance, unless the context otherwise requires-
horized surveyor" means a surveyor appointed by a Certifying
Authority
rred to in section 13 for the purposes of the tonnage regulations;
lder's certificate" in relation to a ship, means a certificate
signed
he builder of the ship and containing a true account of-
the proper denomination and tonnage of the ship, as estimated by
him;
the date when and place where the ship was built; and
the name of the person on whose account the ship was built;
tificate of deletion" means a certificate of deletion issued
under
ion 65; "certificate of provisional registry" means a
certificate of
isional registry granted under section 30 and a new
certificate of
isional registry granted under section 35;
tificate of registry" means a certificate of registry granted
under
ion 24, 77 or 98 and a new certificate of registry granted
under
ion 35 or 83; "certificate of survey" means a certificate
granted by
uthorized surveyor under section 14;
tificate or declaration of marking", in relation to a ship, means-
a certificate signed by an authorized surveyor; or
a declaration made in Hong Kong by one or more of the owners or
by the
se charterer of the ship,
ifying or declaring, as the case may be, that the ship's name and
port
egistry have been marked as directed by the Registrar;
mencement date" means the date appointed by the Governor under
section
) for the coming into operation of this Ordinance;
ise charter" means a charter party by which a ship is chartered
or let
emise and under which the demise charterer has the possession of
the
and has sole control of all matters relating to the navigation
and
ation of the ship including employment of the master and crew;
"demise
terer" means the charterer of a ship under a demise charter,
and in
tion to a registered or provisionally registered ship means a
person
stered as demise charterer under this Ordinance;
ector" means the Director of Marine;
eign certificate of deletion", in relation to a ship,
means a
ificate or other document issued by the relevant authority of a
place
ide Hong Kong and certifying or stating, as the case may be, to
the
ct that the ship has been deleted from the register of ships in
that
e;
ernment" means the Government of Hong Kong;
ntity card", in relation to any person, means an identity card
issued
hat person under the Registration of Persons Ordinance (Cap.
177);
tructions" means administrative instructions issued by the
Director
r section 5; "lodged" means delivered to and accepted by the
Registrar
ccordance with this Ordinance;
ter" includes every person (except a pilot) having command or
charge
ny ship;
er", in relation to a registered or provisionally registered
ship,
s a person registered as owner under this Ordinance;
"provisionally
stered", in relation to a ship, means provisionally registered
under
ion 28;
lified person" has the meaning assigned to it by section 11 (4);
ister" means the register of ships kept under section 7;
istered", in relation to a ship, means registered
under this
nance;
istrable", in relation to a ship, means able to be registered
under
Ordinance;
Registrar" means any person appointed as a Registrar of Ships
under
ion 4 (1) and, where the term is used in connection with a power
or
tion for the time being exercised by the Director pursuant to
section
), includes the Director;
resentative person", in relation to a ship, means the
representative
on for the time being appointed in relation to the ship under
section
p" means, subject to section 3, every description of vessel
capable of
gating in water not propelled by oars, and includes any ship, boat
or
t and an air-cushion vehicle or similar craft used wholly or
partly in
gation in water; "tonnage regulations" means regulations as
to the
age of ships made under section 13.
Where in relation to a ship or to any matter connected with a ship
any
ision of this Ordinance-
imposes a duty or liability on either of the owner or demise
charterer
he ship; or
provides for the service of notice on either of the owner or
demise
terer of the ship, the provision shall be construed as imposing
the
or liability or providing for the service of notice-
in the case of a ship registered or to be registered by
virtue of
ion 11 (1) (a), on the owner; or
in the case of a ship registered or to be registered by virtue
of
ion 11 (1) (b), on the demise charterer, but nothing
in this
ection shall prejudice or affect the operation of that provision
in so
as it imposes the duty or liability, or provides for the
service of
ce, as the case may be, on any person other than the owner or
demise
terer.
pplication of Ordinance to certain structures, etc.
Director may by notice published in the Gazette provide that a
thing
gned or adapted for use at sea and described in the notice is
or is
to be treated as a ship for the purpose of any provision of
this
nance specified in the notice, and any such notice may-
make different provision in relation to different occasions; and
if it provides that a thing is to be treated as a ship for the
purpose
provision specified in the notice, provide that the provision
shall
effect in relation to the craft with such modifications as
are so
ified.
PART II ADMINISTRATION
egistrar of Ships
The Director shall in writing appoint one or more public
officers to
egistrars of Ships.
The Registrar shall have such powers, functions and duties
as are
erred or imposed upon him by this Ordinance or any other law.
Without prejudice to subsection (2), the Director shall have and
may
cise the powers and functions of the Registrar referred to in
that
ection.
nstructions
The Director may issue to the Registrar and to other public
officers
administrative instructions not inconsistent with this
Ordinance as
appear to him to be necessary or expedient for the better carrying
out
he provisions of this Ordinance.
The Director shall publish such instructions in such manner as
he sees
Where in this Ordinance there is reference to a specified
form or
er-
that form or manner may be specified by the Director in
instructions;
if the instructions so provide, deviations from the specified
form or
er not affecting the substance thereof shall not invalidate that
form
anner.
The Registrar and any other public officer shall comply
with any
ructions issued to him.
rotection of public officers
No public officer shall be personally liable for any damage,
injury or
suffered or incurred by any person as a result of any act done
or
sion made by the public officer in good faith in the
exercise or
ormance or purported exercise or performance of any power,
function or
under this Ordinance.
The protection conferred on public officers by subsection
(1) in
ect of any act or omission shall not in any way affect any
liability
he Crown in tort for that act or omission.
PART III THE REGISTER
egister of ships
The Registrar shall keep a register of ships
registered or
isionally registered under this Ordinance.
The register shall contain such particulars in respect of
ships,
rs and their respective interests in ships, demise
charterers,
gagees and representative persons as are prescribed.
The register may be kept in legible or non-legible form but if
kept in
legible form any entry in the register shall be capable of
being
oduced in legible form.
nspection, etc. of register
person may, on payment of the prescribed fee-
inspect the register in legible form;
require to be furnished with a copy of, or extract from, any entry
in
register in legible form; or
require such copy or extract to be certified as a true copy by
or on
lf of the Registrar.
ectification of register
Where it appears to any person interested that there is a
material
r in the register, he may apply in writing to the
Director for
ification of the register.
Upon receipt of an application under subsection (1) the Director
may,
n his opinion there is a material error in the register-
direct the Registrar to rectify the register; or
subject to subsection (3), require the applicant to apply to the
High
t for rectification of the register.
Subsection (2) (b) shall not apply in any case where, in the
opinion
he Director, the material error is due to the negligence or wilful
act
mission of the Registrar.
Notice of an application to the High Court under this
section for
ification shall be served by the applicant on the Director
and the
ctor may appear and be heard in the proceedings.
The High Court may, in proceedings under this section-
make such order as it thinks fit concerning the rectification of
the
ster; and
decide any question that it is necessary or expedient to
decide
erning such rectification.
A copy of an order under subsection (5) shall be served
on the
ctor and the Registrar.
The Registrar shall-
comply with any direction to rectify the register under
subsection (2)
upon receipt of the copy of an order served under subsection (6),
and
he order so requires, rectify the register accordingly.
For the purposes of this section-
there is a material error in the register if there is an error
of fact
ubstance in the register;
without limiting the generality of paragraph (a), there is a
material
r in the register if-
an entry is omitted from the register;
an entry is made in the register without sufficient cause;
) an entry wrongly exists in the register; or
there is an error or defect in an entry in the register; and
the reference in paragraph (b) (i) to an entry omitted
from the
ster shall be read as including a reference to a matter
that is
ired or permitted by this Ordinance to be entered, or to remain,
in
register but is not entered in, or is removed from, the register.
The jurisdiction of the High Court under this section may be
exercised
he Registrar of the Supreme Court or a Master thereof.
Correction of clerical errors in register
Registrar may correct, or cause to be corrected, any clerical
error or
ous mistake in the register.
PART IV REGISTRATION OF SHIPS
Registrable ships and interests
Registrable ships
Subject to this Ordinance, a ship is registrable if-
a majority interest in the ship is owned by one or more
qualified
ons; or
the ship is operated under a demise charter by a body corporate
being
alified person (whether or not a majority interest in the
ship is
d by one or more qualified persons), and a representative
person is
inted in relation to the ship.
A registered ship ceases to be registrable if-
being a ship registered by virtue of subsection (1) (a), a
majority
rest in the ship ceases to be owned by one or more qualified
persons;
being a ship registered by virtue of subsection (1) (b)--
the ship ceases to be operated under a demise charter by
a body
orate being a qualified person (whether by reason of the
termination
he demise charter or otherwise);
the ship or any share in or part of the ship is
transferred or
smitted; or
) the rights of the demise charterer under the demise
charter are
gned;
the ship is taken in war or hostilities, as a result of which
the
r or demise charterer has lost control over the operation of the
ship;
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中华人民共和国政府林业部与苏维埃社会主义共和国联盟国家森林委员会关于林业合作的协定
中国政府林业部 苏联国家森林委员会
中华人民共和国政府林业部与苏维埃社会主义共和国联盟国家森林委员会关于林业合作的协定
（签订日期１９９０年８月１日 生效日期１９９０年８月１日）
中华人民共和国林业部和苏维埃社会主义共和国联盟国家森林委员会（以下简称双方）
认识到，在林业以及保护和合理利用森林资源方面发展国际科技和经济联系的重大意义；
认为，林业的长期合作是十分必要的；
指出，森林作为生态平衡的重要因素在维持和保护人类居住环境方面具有全球性意义；
意识到，今后社会的进步和经济的发展要求对森林资源采取妥善对策，并且强化保护和改善周围环境的措施；
表达了，各自在林业、保护和合理利用森林资源方面扩大和加强合作的愿望；
根据“中苏经济、贸易、科技合作委员会第四次会议纪要”，“中苏经济、贸易、科技合作委员会科技合作常设分委员会第四届会议议定书”，以及双方一九八九年十二月八日在北京签署的“中华人民共和国林业部同苏联国家森林委员会关于加强林业合作的会谈纪要”，同意在平等、友好和互利的基础上开展相互间的科技交流和经济合作，并达成协议如下：
第一条 双方在平等互利的基础上，在林业以及保护和合理利用森林资源方面开展合作。
第二条
１．本协定范围内的合作目的是促进林业发展中的重大问题的解决。
２．双方同意就下列领域开展合作：
——林木遗传和育种
——森林更新、抚育
——森林经理
——森林防火和病虫害防治
——营林机械化和林业机械
——苗圃建设
——木材加工和利用
３．在合作过程中，将特别重视双方共同感兴趣的林业问题。
第三条 双方同意通过下列方式开展合作：
——合作研究
——交换科技情报、文献和研究成果
——举行双边会议、研讨会，发表报告、论文专著和交流解决双方共同感兴趣的林业问题的经验
——互派代表团、专家和进修培训人员
——吸收中国的工人和专家，共同从事营林、采伐运输、木材加工等工作以及利用中国的技术和工艺在苏联建设苗圃
——双方同意的其它合作形式包括建立合作经营企业
第四条 根据本协定宗旨，双方鼓励并促进下属机构、组织、企业，遵循自己国家的法律和规定，建立和发展林业领域的接触和对口合作。
有关合作形式、规模和条件等具体事宜由各对口单位进一步协商并签订相应合同。
第五条
１．执行本协定第四条所涉及的商务，财务和法律问题由双方相应的组织会商解决。
２．执行本协定第三条涉及双方互换代表团进修、培训、出席双边会议和合作研究人员国际旅费自理，食宿、交通费由接待方负担。
３．如果提供科技情报一方未在提交时声明该情报未经特别认可不得使用，则双方可以将合作过程中得到的上述科技情报自由地用于研究、设计和生产。本条提到的情报只有在提供情报一方认可后才能转让给第三方。
４．交换资料或种苗等，承担方负责邮寄至接受方指定的单位，其费用由承担方负担。
５．双方对下属机构、组织和企业在本协定基础上签订的合同不承担责任。
第六条 双方同意成立中华人民共和国林业部和苏联国家森林委员会工作组，负责商定、组织相互之间的科技合作事宜，协调相互之间的经济合作事宜，工作组由每一方各五人组成。工作组每年开会一次，分别在两国轮流举行。
双方指定中华人民共和国林业部外事司和苏联国家森林委员会对外经济联络司为本协定的联络机构。
第七条 本协定自签字之日起生效，有效期五年。如果任何一方在本协定期满前六个月没有以书面形式提出终止或修改意见，则本协定有效期将自动延续五年，并依此顺延。
本协定活动的中止，不影响双方下属机构、组织和企业间已签订的合同的继续执行。
本协定于一九九０年八月一日在莫斯科签订，各一式两份，用中、俄文字书就，两种文本具有同等效力。
中华人民共和国 苏维埃社会主义共和国联盟
林 业 部 国家森林委员会
代 表 代 表
高德占 伊萨耶夫
（签字） （签字）
