796
THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1938.
Certificates of Conven- tion ships to be produced to
Harbour Master.
Survey, marking
and condi- tions of assignment
in case of ships not
registered in Hong Kong.
Submersion
of load line on ships not
registered in Hong Kong.
Inspection of ships not register-
ed in Hong Kong.
Load line certificates of ships not registered in Hong Kong
(7) For the purposes of this section a ship shall be deemed to be loaded beyond the limits allowed by the certificate if she is so loaded as to submerge in salt water, when the ship has no list, the appropriate load line on each side of the ship, that is to say, the load line appear- ing by the certificate to indicate the maximum depth to which the ship is for the time being entitled under the Load Line Convention to be loaded.
54. The master of every Load Line Convention ship not registered in Hong Kong shall produce to the Harbour Master at the time a clearance for the ship from any port in Hong Kong is demanded-
(a) in a case where clearance is demanded in respect of an inter- national voyage, a valid Load Line Convention certificate;
(b) in a case where clearance is demanded in respect of any other voyage, either a valid Load Line Convention certificate or a Hong Kong load line certificate for the time being in force in respect of the ship;
and a clearance shall not be granted, and the ship may be detained, until the certificate required by this section is so produced.
General Provisions as to Ships not registered in Hong Kong.
56. The provisions of section forty-three of this Act shall apply to load line ships not registered in Hong Kong, proceeding or attempting to proceed to sea from ports in Hong Kong, as they apply to British load line ships registered in Hong Kong, subject to the following modification, namely:-
(a) the said section shall not apply to a Load Line Convention ship not registered in Hong Kong, if a valid Load Line Convention certificate is produced in respect of the ship; and
(b) subject to the provisions of paragraph (a) of this section, a foreign ship which does not comply with the conditions of assignment to the extent required in her case by the said section forty-three shall be deemed to be unsafe for the purpose of section eighteen of the Merchant Shipping Ordinance, 1899.
57. The provisions of section forty-four of this Act shall apply to load line ships not registered in Hong Kong, while they are within any port in Hong Kong, as they apply to British load line ships registered in Hong Kong, subject to the following modifications, namely:
(a) no Load Line Convention ship shall be detained, and 110 proceedings shall be taken against the owner, master, agent, charterer or compradore thereof, by virtue of the said section, except after an inspection by a Government ship surveyor or engineer surveyor as hereinbefore provided; and
(b) the expression "the appropriate load line," in relation to any ship not registered in Hong Kong, shall mean—
(i) in the case of a Load Line Convention ship in respect of which there is produced on such an inspection as aforesaid a valid Load Line Convention certificate, the load line appearing by the certificate to indicate the maximum depth to which the ship is for the time being entitled under the Load Line Convention to be loaded;
(ii) in any other case, the load line which corresponds with the load line indicating the maximum depth to which the ship is for the time being entitled under the load line rules to be loaded or, if no load line on the ship corresponds as aforesaid, the lowest load line thereon.
58. The provisions of section forty-six of this Act shall apply to load line ships, other than British ships registered in Hong Kong or Load Line Convention ships not registered in Hong Kong, while they are within any port in Hong Kong, as they apply to British load line ships registered in Hong Kong.
59.—(1) The provisions of this Part of this Act relating to the issue; effect, duration, renewal and cancellation of Hong Kong load line certificates shall apply to load line ships not registered in Hong Kong as they apply to British load line ships registered in Hong Kong, subject to the following modifications, namely:-