Production al ceritiere 40 Director of Marine.

1.

10

(3) Any certificate issued under subsection (1) of this section in respect of a ship to which section 12 of this Act applies shall be valid only so long as the ship is not plying on international voyages, and shall be cancelled by the Governor if he has reason to believe that the ship is plying on international voyagra.

16. (1) Subject to any exemption conferred by or under this Act, before a ship to which this Act applies, not being a ship registered in Hong Kong, proceeds to sea from any port of the Colony, the master of the ship shall produce the appropriate certificate to the Director of Marine or to any public officer authorized by the Director in that behalf from whom a dearance for the ship is demanded; and a clearance shall not be granted, and the ship may be detained, until the appropriate certificate is so produced.

(2) For the purposes of this section the appropriate certificate-- (a) in the case of a ship to which section 12 of this Act applies, where a clearance for the ship is demanded in respect of an international voyage, is a valid Convention certificate;

(8) la the case of any such ship, where a clearance for the ship in demanded in respect of any other voyage, is either a valid Con- vention certificate or a Hong Kong load line certificate for the time being in force in respect of the ship; and

(e) in any other case, is a Hong Kong load line certificate for the

time being in force in respect of the ship.

17. (1) Subject to the following provisions of this section, a surveyor of ships may inspect any ship to which this Act applies, not being a ship registered in Hong Kang, while the ship is within any port of the Colony; and for the purposes of any such inspection any such surveyor shall have In Hong Kong all the powers which a Board of Trade inspector bas In the United Kingdom under the Merchant Shipping Act 1894(a).

(2) Any such surveyor may go on board any ship to which section 12 of this Act applies, while the ship is within any port of the Colony, for the purpose of demanding production of any International Lead Line Certificate (1966) or Hong Kong load line certificate for the time being in force in respect of the ship.

(3) If on any such demand a valid Convention certificate is produced to the surveyor in respect of the ship, the powers of the surveyor under subsection (1) of this section shall be limited to secing--

(a) that the ship is not loaded beyond the limits allowed by the

certificate:

(8) that lines are marked on the ship in the positions of the load

lines specified in the certificate:

(<) that no material alterations have taken place in the hull or super- structures of the ship which affect the position in which any of those lines ought to be marked; and

(d) that the fittings and appliances for the protection of openings, the guard rails, the freeing ports and the means of access to the crew's quarters have been maintained on the ship in an effective a condition as they were in when the certificate was issued.

03 1894 2. 60.

it

(4) If on an inspection of a ship under this section the ship is found to have been so materially altered in respect of the matters referred to in paragraph (c) or paragraph (d) of the last preceding subsection that the ship is manifestly unfit to proceed to sea without danger to human life. then-

(2) if the ship is a British ship, she shall be deemed to be unsafe for the purposes of section 45 of the Merchant Shipping Ordinance(a),

or.

(5) if the ship is a foreign ship, section 49 of that Ordinance shall have effect in relation to the ship as if she were unsafe by reason of one of the matters specified in that section.

(5) Where a ship is detained under the provisions of that Ordinance as applied by the last preceding subsection, the Director of Marine shall order the ship to be released as soon as he is satisfied that the ship is dit to proceed to sea without danger to buman life.

Exemptions,

18. (1) If in the opinion of the Governor the sheltered nature and canditions of international voyages---

(a) between near neighbouring ports in Hong Kong and in another

Convention country, or

(5) between near neighbouring ports in any two or more countries or

territories outside Hong Kong.

make it unreasonable or impracticable to apply the provisions of this Act to ships plying on such voyages, and the Governor is satisfied that the Government of the other country or territory for, as the case may be, of each of the other countries or territories) concurs in that opinion, the Governor may by order published in the Hong Kong Government Gazette specifying those ports direct that ships plying on international voyages between those ports, or any class of such ships specified in the order, shall be exempt from the provisions of this Ast

(2) The Governor may by order published in the Hong Kong Govern- ment Gazette direct that ships under 80 tons register engaged solely in the coasting trade, or any class of such ships specified in the order, shall be exempt from the provisions of this Acı while not carrying cargo, or (if the order so provides) shall be exempt from the provisions of this Act whether carrying cargo or moL

(3) Asy order under this section may be made subject to such condi- tions as the Governor thinks fit; and, where any such order is made subject to conditions, the exemption conferred by the arder shall not have effect in relation to a ship unless the ship complies with those conditions.

19. (1) In this section any reference to exempting & ship is a reference to exempting the ship either-

(a) from all the provisions of this Act and of the load line rules, or

010 Laws of Hong Kong, Revised EduCH 1967, Cap. 291.

Power so take taeruption cordieren,

Further poMENT

DO CD p.

Share This Page