1964_MERCHANT_SHIPPING_(SAFETY)_ORDINANCE — Page 23

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CAP. 369]

Merchant Shipping (Safety)

[1981 Ed.

Exemption of certain ships.

Exemption of certain ships from this Part

35. (1) Nothing in this Part-

(a) prohibiting or preventing a ship from proceeding to sea unless there are in force in relation to the ship, or are produced, the appropriate certificates issued by the Direc- tor under this Part or the appropriate accepted Convention certificates; or

(b) conferring powers on a Government surveyor for the purpose of verifying the existence, validity or correctness of any Convention certificate or that the conditions on which any such certificate was issued are complied with,

shall apply to any ship of less than 500 tons gross tonnage other than a passenger ship.

(2) Subsection (1) shall not prevent the application-

(a) to any ship of 300 tons gross tonnage or above, of so much of the provisions referred to in paragraphs (a) and (b) of that subsection as relates to certificates issued under section 18 or equivalent accepted Convention certificates; (b) to any ship to which section 11 applies and which is registered in Hong Kong, of so much of the provisions referred to in paragraph (a) of that subsection as relates to certificates issued under section 21,

by reason only that it is of less than 500 tons gross tonnage.

(3) Notwithstanding that any provision of this Part is ex- pressed to apply to ships not registered in Hong Kong while they are within the waters of Hong Kong, that provision 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.

Equipment of passenger ships.

PART III

EQUIPMENT OF SHIPS AND EXCESS PASSENGERS

36. (1) Every passenger ship to which section 9 applies shall-

(a) have the ship's compasses properly adjusted from time to time, to the satisfaction of a Government surveyor and in accordance with regulations or such directions as may be issued by the Director; and

(b) be provided with such shelter for the protection of deck passengers, if any, as the Director, having regard to-

(i) the nature of the passage;

(ii) the number of deck passengers to be carried;