51515-1917-Registration-of-Government-Ships — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 7, 1917.

1. An application for registry of a Government Ship in the service of the Shipping Controller shall be made in writing under the hand of the Secretary to the Ministry of Shipping. Such application shall contain the following particulars :----

(1) A statement of the name and description of the Ship.

(2) A statement of the time when, and place where, the Ship was built; or, if the Ship was foreign built, and the time and place of building are unknown, a statement to that effect, and of her foreign name.

(3) A statement of the nature of the title to the said Ship, whether by original construction by or for the Shipping Controller, or by purchase, capture, condemnation, or otherwise, and a list of the documents of title, if any, in case she was not originally constructed by or for the Shipping Controller. (4) A statement of the name of the Master.

2. The Registrar, on receiving such application in respect of a Government Ship in the service of the Shipping Controller, shall :-

(1) enter the Ship in the Register Book as belonging to "His Majesty, represented

by the Shipping Controller," and shall also enter therein:

(2) the name of the port to which she belongs :

(3) the particulars stated in the application for registration :

(4) the details comprised in the Surveyor's Certificate.

3. On the registry of a Government Ship in the service of the Shipping Controller the Registrar shall retain in his possession the Surveyor's Certificate and the application for registry, and any documents of title mentioned in such application.

4. Upon the transfer of a registered Government Ship in the service of the Shipping Controller by Bill of Sale the Shipping Controller shall be the transferor, and the Bill of Sale shall be in Form A in the proper form prescribed under the Principal Act, omitting the covenant therein contained. Any such Bill of Sale shall be signed by the Secretary to the Ministry of Shipping on behalf of the Shipping Controller.

5. The application for a Certificate of Sale referred to in Sections 39 to 42 and Sections 44 to 46 of the Principal Act, may be made in respect of a Government Ship in the service of the Shipping Controller by the Secretary to the Ministry of Shipping on his behalf.

6. The person to whom the management of any Government Ship in the service of the Shipping Controller is entrusted by the Shipping Controller shall be registered as provided by Section 59 (2) of the Principal Act.

7. Government Ships in the service of the Shipping Controller registered in pur- suance of the provisions of this Order in Council are hereby excluded from the category of Ships belonging to His Majesty within the meaning of Sections 557 to 564 of the Prin- cipal Act.

8. Where any Section of the Merchant Shipping Acts which, by virtue of the Mer- chant Shipping Act, 1906, and this Order in Council, is applicable to Government Ships in the service of the Shipping Controller imposes any duty or liability or confers any right or power upon or contemplates any act being performed by the owner of a Ship such duty, liability, right or power shall, subject always to the other provisions of this Order in Council, be carried out, borne, or exercised by the Shipping Controller on behalf of His Majesty.

9. In this Order in Council the term Merchant Shipping Acts shall mean and include any of the Merchant Shipping Acts, any provision of which is by virtue of the Merchant Shipping Act, 1906, and this Order, applicale to Government Ships.

10. Section 1 and Sections 8 to 12 of the Merchant Shipping Act, 1894, shall not apply to Government Ships in the service of the Shipping Controller registered in pur- suance of the provisions of this Order in Council. Provided always that no provision of the Merchant Shipping Acts which, according to a reasonable construction, would not apply in the case of Government Ships in the service of the Shipping Controller shall be deemed to apply to such Ships by reason only that its application is not hereby expressly excluded.

ALMERIC FITZROY,