1964_MERCHANT_SHIPPING_(SAFETY)_ORDINANCE — Page 39

HK Historical Laws 香港歷史法例 All AI Reviewed
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38

CAP. 369]

Merchant Shipping (Safety)

[1981 Ed.

Power to detain

unsafe ships, and procedure for detention.

74/9051600

68. (1) Any ship registered in Hong Kong or any other British ship for the time being in the waters of Hong Kong which is unsafe within the meaning of section 67(1) may be detained in accordance with this section.

(2) If the Director has reason to believe that a ship is unsafe, he may appoint a surveyor to survey the ship and report to him.

(3) If, on receipt of a report under subsection (2), the Director is of the opinion that the ship to which the report relates is unsafe, he may order that the ship be detained.

(4) Where an order for the detention of a ship is made under subsection (3)—

(a) the Director shall serve on the owner, agent or master of the ship a copy of the report submitted to him under subsection (2);

(b) within 7 days after the service of the survey report under paragraph (a), the owner, agent or master of the ship may—

(i) apply to the Director to order that the ship be re-surveyed in accordance with subsection (5); or

(ii) appeal against the detention order to a court of survey.

(5) Where the Director orders that a ship be re-surveyed following an application under subsection (4)(b), the ship shall be re-surveyed by the surveyor who made the survey under subsection (2) and shall, if so required by the owner, agent or master of the ship, be accompanied when carrying out the re-survey by an assessor, being a person of nautical, engineering or other special skill—

(a) nominated by the owner, agent or master of the ship; and (b) approved by the Director.

(6) On completion of the re-survey of a ship under subsection (5)—

(a) if the surveyor and the assessor are in agreement, the Director shall, on receipt of the surveyor's report, order that the ship be released or continued to be detained; or (b) if the surveyor and the assessor are not in agreement, 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 re-survey report as is provided in subsection (4)(b)(ii).

(7) Where, following the making of an order for the detention of a ship under subsection (3), the owner, agent or master carries out work to make the ship fit to proceed to sea, the owner, agent or master may apply to the Director to have the ship re-surveyed; and if, on a re-survey, the Director is satisfied that the ship is fit to proceed to sea he shall, subject to subsection (8), order it to be released.

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38CAP. 369]Merchant Shipping (Safety)[1981 Ed.Power to detainunsafe ships, and procedure for detention.74/905160068. (1) Any ship registered in Hong Kong or any other British ship for the time being in the waters of Hong Kong which is unsafe within the meaning of section 67(1) may be detained in accordance with this section.(2) If the Director has reason to believe that a ship is unsafe, he may appoint a surveyor to survey the ship and report to him.(3) If, on receipt of a report under subsection (2), the Director is of the opinion that the ship to which the report relates is unsafe, he may order that the ship be detained.(4) Where an order for the detention of a ship is made under subsection (3)—(a) the Director shall serve on the owner, agent or master of the ship a copy of the report submitted to him under subsection (2);(b) within 7 days after the service of the survey report under paragraph (a), the owner, agent or master of the ship may—(i) apply to the Director to order that the ship be re-surveyed in accordance with subsection (5); or(ii) appeal against the detention order to a court of survey.(5) Where the Director orders that a ship be re-surveyed following an application under subsection (4)(b), the ship shall be re-surveyed by the surveyor who made the survey under subsection (2) and shall, if so required by the owner, agent or master of the ship, be accompanied when carrying out the re-survey by an assessor, being a person of nautical, engineering or other special skill—(a) nominated by the owner, agent or master of the ship; and (b) approved by the Director.(6) On completion of the re-survey of a ship under subsection (5)—(a) if the surveyor and the assessor are in agreement, the Director shall, on receipt of the surveyor's report, order that the ship be released or continued to be detained; or (b) if the surveyor and the assessor are not in agreement, 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 re-survey report as is provided in subsection (4)(b)(ii).(7) Where, following the making of an order for the detention of a ship under subsection (3), the owner, agent or master carries out work to make the ship fit to proceed to sea, the owner, agent or master may apply to the Director to have the ship re-surveyed; and if, on a re-survey, the Director is satisfied that the ship is fit to proceed to sea he shall, subject to subsection (8), order it to be released.1
Baseline (Original)
38CAP. 369]Merchant Shipping (Safety)[1981 Ed.Power to detainunsafe ships, and procedure for detention.74/905160068. (1) Any ship registered in Hong Kong or any other British ship for the time being in the waters of Hong Kong which is unsafe within the meaning of section 67(1) may be detained in accordance with this section.(2) If the Director has reason to believe that a ship is unsafe, he may appoint a surveyor to survey the ship and report to him.(3) If, on receipt of a report under subsection (2), the Director is of the opinion that the ship to which the report relates is unsafe, he may order that the ship be detained.(4) Where an order for the detention of a ship is made under subsection (3)~~(a) the Director shall serve on the owner, agent or master of the ship a copy of the report submitted to him under subsection (2);(b) within 7 days after the service of the survey report under paragraph (a), the owner, agent or master of the ship may-(i) apply to the Director to order that the ship be re-surveyed in accordance with subsection (5); or(ii) appeal against the detention order to a court of survey.(5) Where the Director orders that a ship be re-surveyed following an application under subsection (4)(b), the ship shall be re-surveyed by the surveyor who made the survey under subsection (2) and shall, if so required by the owner, agent or master of the ship, be accompanied when carrying out the re-survey by an assessor, being a person of nautical, engineering or other special skill-(a) nominated by the owner, agent or master of the ship; and (b) approved by the Director.(6) On completion of the re-survey of a ship under subsec- tion (5)—–—–—–(a) if the surveyor and the assessor are in agreement, the Director shall, on receipt of the surveyor's report, order that the ship be released or continued to be detained; or (b) if the surveyor and the assessor are not in agreement, 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 re-survey report as is provided in subsection (4)(b)(ii).(7) Where, following the making of an order for the detention of a ship under subsection (3), the owner, agent or master carries out work to make the ship fit to proceed to sea, the owner, agent or master may apply to the Director to have the ship re-surveyed; and if, on a re-survey, the Director is satisfied that the ship is fit to proceed to sea he shall, subject to subsection (8), order it to be released.1
2026-05-05 02:50:25 · Baseline
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38

CAP. 369]

Merchant Shipping (Safety)

[1981 Ed.

Power to detain

unsafe ships, and procedure for detention.

74/9051600

68. (1) Any ship registered in Hong Kong or any other British ship for the time being in the waters of Hong Kong which is unsafe within the meaning of section 67(1) may be detained in accordance with this section.

(2) If the Director has reason to believe that a ship is unsafe, he may appoint a surveyor to survey the ship and report to him.

(3) If, on receipt of a report under subsection (2), the Director is of the opinion that the ship to which the report relates is unsafe, he may order that the ship be detained.

(4) Where an order for the detention of a ship is made under subsection (3)~~

(a) the Director shall serve on the owner, agent or master of the ship a copy of the report submitted to him under subsection (2);

(b) within 7 days after the service of the survey report under paragraph (a), the owner, agent or master of the ship may-

(i) apply to the Director to order that the ship be re-surveyed in accordance with subsection (5); or

(ii) appeal against the detention order to a court of

survey.

(5) Where the Director orders that a ship be re-surveyed following an application under subsection (4)(b), the ship shall be re-surveyed by the surveyor who made the survey under subsection (2) and shall, if so required by the owner, agent or master of the ship, be accompanied when carrying out the re-survey by an assessor, being a person of nautical, engineering or other special skill-

(a) nominated by the owner, agent or master of the ship; and (b) approved by the Director.

(6) On completion of the re-survey of a ship under subsec- tion (5)—–—–—–

(a) if the surveyor and the assessor are in agreement, the Director shall, on receipt of the surveyor's report, order that the ship be released or continued to be detained; or (b) if the surveyor and the assessor are not in agreement, 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 re-survey report as is provided in subsection (4)(b)(ii).

(7) Where, following the making of an order for the detention of a ship under subsection (3), the owner, agent or master carries out work to make the ship fit to proceed to sea, the owner, agent or master may apply to the Director to have the ship re-surveyed; and if, on a re-survey, the Director is satisfied that the ship is fit to proceed to sea he shall, subject to subsection (8), order it to be released.

1

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