34
CAP. 369]
Merchant Shipping (Safety)
[1981 Ed.
Submersion of load lines.
subsection (1)(a) and (b) may be detained until it has been so surveyed and marked.
(5) 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, then-
(a) if the ship is a British ship, it shall be deemed to be unsafe for the purposes of section 67; or
(b) if the ship is a foreign ship, section 72 shall have effect in relation to the ship as if it were unsafe for the purposes of that section.
59. (1) 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-
(a) if the ship is in salt water and has no list, the appropriate load line on each side of the ship is submerged; or
(b) in any other case, the appropriate load line on each side of the ship would be submerged if the ship were in salt water and had no list.
(2) 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.
(3) In relation to a ship in respect of which a valid Convention certificate is produced, "load line" in subsection (1) means a line marked on the ship in the position of a load line specified in that certificate; and for the purposes of the application of the relevant provisions to such a ship in any circumstances for which a particular load line is specified in the certificate, the "appropriate load line" means the maximum depth to which the ship may, in accordance with the certificate, be loaded in salt water in those circumstances.
(4) Where a valid Convention certificate is not produced in respect of a ship, then, for the purposes of the application of the relevant provisions to that ship in any circumstances prescribed by the load line regulations "the appropriate load line" means the maximum depth to which the ship may, in accordance with those regulations, be loaded in salt water in those circumstances.
(5) In subsections (3) and (4) "the relevant provisions" means the provisions of subsection (1) and any provisions of section 49 as applied by subsection (2).
Page 35
Page 36