916
THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 4, 1939.
:
Restriction
on transfer
and mortgage of ships.
e. 60.
1.--(1) It shall be unlawful, except under the sanction of the Board of Trade-
(a) to transfer any ship to which this Act applies or any share in such a ship, or
(b) to mortgage any such ship or any share therein, or to transfer a mortgage of any such ship or share;
and if any person purports to effect any transfer or mortgage which is unlawful by virtue of this sub-section, then, in addition to the transfer or mortgage being void, he shall be guilty of an offence.
(2) Any ship or share in a ship which has been the subject of any transaction unlawful by virtue of this section shall be subject to forfeiture; and accordingly section seventy-six of 57 & 58 Vict. the Merchant Shipping Act, 1894, as amended by any sub- sequent enactment. (which section prescribes the procedure for the forfeiture of ships) shall apply in relation to ships which have become subject to forfeiture under this section, as it applies in relation to ships which have become subject to forfeiture under Part I of that Act.
Restriction
on transfer
of registry of ships.
Restriction
on transac- tions in
respect of aircraft and parts of aircraft.
Ships and aircraft to which this Act applies.
2. Notwithstanding anything in section fifty-three of the Merchant Shipping Act, 1894, an application made (whether before or after the commencement of this Act) for the transfer of the registry of a ship to which this Act applies from any port at which the ship is registered for the time being, shall not be granted except with the approval of the Board of Trade.
3.-(1) It shall be unlawful, except under the sanction of the Secretary of State, to sell, transfer or let on hire (whether under charter or otherwise), or to do anything involving the creation of a charge on-
(a) any aircraft to which this Act applies, or
(b) any airframe, aero-engine or airscrew which is within any country or territory to which this Act extends; and if any person purports to effect any transaction which is unlawful by virtue of this section, then, in addition to the transaction being void, he shall be guilty of an offence:
Provided that the provisions of this section restricting transactions in respect of airframes, aero-engines and air- screws shall not avoid, or render a person punishable in respect of, any transaction relating to an aircraft to which this Act does not apply, by reason only that any airframe forming part of the aircraft, or any aero-engine or airscrew installed therein, is within a country or territory to which this Act extends.
(2) This section shall come into operation on such date as the Secretary of State may by order appoint.
4.-(1) The ships to which this Act applies are-
(a) all British ships, except ships registered-
(i) in a Dominion, or
(ii) in any territory administered by His Majesty's Government in a Dominion, or
(iii) in India or Burma; and