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CAP. 369]
Merchant Shipping (Safety)
(1981 Ed.
General provisions in respect of detention order.
Application of detention provisions to foreign ships.
Owners' obligation to secure safety of ships.
71. (1) A copy of any order for the detention of a ship made under section 68 and a copy of any order varying or adding to such order shall be served by the Director as soon as possible on the owner, agent or master of the ship.
(2) For the purposes of any survey of a ship ordered under section 68, any person authorized to make the survey shall have all the powers conferred by section 115.
72. (1) When a foreign ship for the time being in the waters of Hong Kong is found to be unsafe within the meaning of section 67, the provisions of this Part relating to the detention of ships shall, subject to the modifications contained in this section, apply to that ship as if it were a ship registered in Hong Kong.
(2) A copy of the order for the detention of the ship shall be served forthwith on the consular officer (if any) in Hong Kong representing the country to which the ship belongs, or if there is no such consular officer, on the owner, agent or master of the ship.
(3) Where a ship has been detained, the consular officer on the request of the owner, agent or master of the ship and, if there is no consular officer, the owner, agent or master of the ship, may require that the person, if any, appointed by the Director to survey the ship shall be accompanied by such person as such officer, or owner, agent or master, as the case may be, may nominate; and, in such case, if the surveyor and such person agree the Director shall order that the ship be released or continues to be detained, but if they differ, the ship shall continue to be detained and the owner, agent or master shall have the same right of appeal to a court of survey against the report of the surveyor as is provided in section 68(4)(b)(ii).
(4) Where the owner, agent or master of the ship appeals to the court of survey, the consular officer on the request of such owner, agent or master, or, if there is no such consular officer, the owner, agent or master may nominate not more than 2 competent persons to be members of the court of survey.
(5) Notwithstanding that this section is expressed to apply to any foreign ship while within the waters of Hong Kong, this section shall not apply to a ship that would not be within such waters but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.
73. (1) In every contract of service, express or implied, between the owner of a ship registered in Hong Kong and the master or any seaman thereof, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner of the ship that
(a) the owner of the ship;
(b) the master of the ship; and
(c) every agent of the owner of the ship charged with...