1964_MERCHANT_SHIPPING_(SAFETY)_ORDINANCE — Page 38

HK Historical Laws 香港歷史法例 All AI Reviewed

1981 Ed.]

Merchant Shipping (Safety)

[CAP. 369

appropriate load line for the purposes of section 49, that section shall have effect as if that subdivision load line were the appropriate load line for the purposes of that section.

(2) Where in pursuance of the passenger ship construction regulations, or in pursuance of the Convention or any law of any country made for the purpose of giving effect to the Convention, a passenger ship, not being a ship registered in Hong Kong, is marked with subdivision load lines, and the lowest of those load lines is lower than the line which, apart from this subsection, would be the appropriate load line for the purposes of section 59, that section shall have effect as if that subdivision load line were the appropriate load line for the purposes of that section.

Miscellaneous and supplementary provisions

66. (1) Section 28 and section 32 shall have effect in relation to any certificate which can be issued under this Part as they have effect in relation to a certificate under Part II.

(2) Any certificate issued under this Part shall be admissible in evidence.

Miscellaneous
and supplementary provisions.

67. (1) If

PART V
UNSAFE SHIPS AND DETENTION

(a) a ship in Hong Kong; or

(b) a ship registered in Hong Kong which is in any other port, is, having regard to the nature of the service for which the ship is intended, unfit by reason of the condition of the ship's hull, equipment or machinery or by reason of undermanning or by reason of overloading or improper loading to go to sea without serious danger to human life, then, subject to subsection (2), the master and the owner shall each commit an offence and be liable to a fine of $500,000 and to imprisonment for 2 years.

(2) It shall be a defence in proceedings for an offence under subsection (1) to prove that at the time of the alleged offence-

(a) arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters set out in subsection (1) which are specified in the charge; or

(b) it was reasonable not to have made such arrangements.

(3) A prosecution under this section may only be commenced by or with the consent of the Attorney General.

Offence in respect of dangerously unsafe ship.

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Miscellaneous and supplementary provisions66. (1) Section 28 and section 32 shall have effect in relation to any certificate which can be issued under this Part as they have effect in relation to a certificate under Part II.(2) Any certificate issued under this Part shall be admissible in evidence.Miscellaneousand supplementary provisions.67. (1) IfPART VUNSAFE SHIPS AND DETENTION(a) a ship in Hong Kong; or(b) a ship registered in Hong Kong which is in any other port, is, having regard to the nature of the service for which the ship is intended, unfit by reason of the condition of the ship's hull, equipment or machinery or by reason of undermanning or by reason of overloading or improper loading to go to sea without serious danger to human life, then, subject to subsection (2), the master and the owner shall each commit an offence and be liable to a fine of $500,000 and to imprisonment for 2 years.(2) It shall be a defence in proceedings for an offence under subsection (1) to prove that at the time of the alleged offence-(a) arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters set out in subsection (1) which are specified in the charge; or(b) it was reasonable not to have made such arrangements.

Baseline (Original)

Miscellaneous and supplementary provisions66. (1) Section 28 and section 32 shall have effect in relation to any certificate which can be issued under this Part as they have effect in relation to a certificate under Part II.(2) Any certificate issued under this Part shall be admissible in evidence.Miscellaneousand supplemen- tary provisions.67. (1) IfPART VUNSAFE SHIPs and DetenTION(a) a ship in Hong Kong; or(b) a ship registered in Hong Kong which is in any other port, is, having regard to the nature of the service for which the ship is intended, unfit by reason of the condition of the ship's hull, equipment or machinery or by reason of undermanning or by reason of overloading or improper loading to go to sea without serious danger to human life, then, subject to subsection (2), the master and the owner shall each commit an offence and be liable to a fine of $500,000 and to imprisonment for 2 years.(2) It shall be a defence in proceedings for an offence under subsection (1) to prove that at the time of the alleged offence-(a) arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters set out in subsection (1) which are specified in the charge; or(b) it was reasonable not to have made such arrangements.

2026-05-05 02:50:16 · Baseline

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