1964_MERCHANT_SHIPPING_ORDINANCE — Page 23

HK Historical Laws 香港歷史法例 All AI Reviewed

22

CAP. 281]

Merchant Shipping

[1986 Ed.

(c) he may, if he thinks fit, require representation to be taken out, and pay and deliver the residue to the legal personal representative of the deceased; or

(d) where it appears to the Director that any person to whom any money or other property of a deceased seaman may be paid or delivered as aforesaid is resident in a foreign state, he may pay or deliver the money or property to a consular officer of that state on behalf of that person.

(3) Any person to whom any such residue is paid or delivered under subsection (2) shall apply the same in due course of administration.

Forfeiture of ships. (Cap. 369.)

PART VI

SURVEY OF PASSENGER AND OTHER SHIPS AND CERTIFICATES THEREOF

23-34. [Repealed, 63 of 1981, s. 124]

34A. (1) Where the owner or master of a ship has committed an offence under section 38 of the Merchant Shipping (Safety) Ordinance, the ship shall be liable to forfeiture, whether or not the owner or master is convicted in respect of such offence. (Amended, 63 of 1981, s. 124)

(2) With the approval of the Attorney General, the Director may seize and detain any ship which appears to him to be liable to forfeiture under subsection (1), and within 21 days of any such seizure the Director shall serve notice of seizure on the owner of the ship:

Provided that where there is more than one owner of a ship it shall be sufficient for the purposes of this subsection to give notice to one of the owners.

(3) A notice under subsection (2) shall be deemed to have been duly served if

(a) it is delivered to the person on whom it is to be served; (b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director; or

(c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited in the Marine Department in a place to which the public have access for a period of not less than 7 days commencing within 21 days of the seizure of the ship.

(4) Within 7 days after the service under subsection (2) of a notice of seizure, notice of the seizure of the ship shall be

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22 CAP. 281] Merchant Shipping [1986 Ed. (c) he may, if he thinks fit, require representation to be taken out, and pay and deliver the residue to the legal personal representative of the deceased; or (d) where it appears to the Director that any person to whom any money or other property of a deceased seaman may be paid or delivered as aforesaid is resident in a foreign state, he may pay or deliver the money or property to a consular officer of that state on behalf of that person. (3) Any person to whom any such residue is paid or delivered under subsection (2) shall apply the same in due course of administration. Forfeiture of ships. (Cap. 369.) PART VI SURVEY OF PASSENGER AND OTHER SHIPS AND CERTIFICATES THEREOF 23-34. [Repealed, 63 of 1981, s. 124] 34A. (1) Where the owner or master of a ship has committed an offence under section 38 of the Merchant Shipping (Safety) Ordinance, the ship shall be liable to forfeiture, whether or not the owner or master is convicted in respect of such offence. (Amended, 63 of 1981, s. 124) (2) With the approval of the Attorney General, the Director may seize and detain any ship which appears to him to be liable to forfeiture under subsection (1), and within 21 days of any such seizure the Director shall serve notice of seizure on the owner of the ship: Provided that where there is more than one owner of a ship it shall be sufficient for the purposes of this subsection to give notice to one of the owners. (3) A notice under subsection (2) shall be deemed to have been duly served if (a) it is delivered to the person on whom it is to be served; (b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director; or (c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited in the Marine Department in a place to which the public have access for a period of not less than 7 days commencing within 21 days of the seizure of the ship. (4) Within 7 days after the service under subsection (2) of a notice of seizure, notice of the seizure of the ship shall be
Baseline (Original)
22 CAP. 281] Merchant Shipping [1986 Ed. (c) he may, if he thinks fit, require representation to be taken out, and pay and deliver the residue to the legal personal representative of the deceased; or (d) where it appears to the Director that any person to whom any money or other property of a deceased seaman may be paid or delivered as aforesaid is resident in a foreign state, he may pay or deliver the money or property to a consular officer of that state on behalf of that person. (3) Any person to whom any such residue is paid or delivered under subsection (2) shall apply the same in due course of adminis- tration. Forfeiture of ships. (Cap. 369.) PART VI SURVEY OF PASSENGER AND OTHER SHIPS AND CERTIFICATES THEREOF 23-34. [Repealed, 63 of 1981, s. 124] 34A. (1) Where the owner or master of a ship has committed an offence under section 38 of the Merchant Shipping (Safety) Ordinance, the ship shall be liable to forfeiture, whether or not the owner or master is convicted in respect of such offence. (Amended, 63 of 1981, s. 124) (2) With the approval of the Attorney General, the Director may seize and detain any ship which appears to him to be liable to forfeiture under subsection (1), and within 21 days of any such seizure the Director shall serve notice of seizure on the owner of the ship: Provided that where there is more than one owner of a ship it shall be sufficient for the purposes of this subsection to give notice to one of the owners. (3) A notice under subsection (2) shall be deemed to have been duly served if (a) it is delivered to the person on whom it is to be served; (b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director; or (c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited in the Marine Department in a place to which the public have access for a period of not less than 7 days commencing within 21 days of the seizure of the ship. (4) Within 7 days after the service under subsection (2) of a notice of seizure, notice of the seizure of the ship shall be-
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22

CAP. 281]

Merchant Shipping

[1986 Ed.

(c) he may, if he thinks fit, require representation to be taken out, and pay and deliver the residue to the legal personal representative of the deceased; or

(d) where it appears to the Director that any person to whom any money or other property of a deceased seaman may be paid or delivered as aforesaid is resident in a foreign state, he may pay or deliver the money or property to a consular officer of that state on behalf of that person.

(3) Any person to whom any such residue is paid or delivered under subsection (2) shall apply the same in due course of adminis- tration.

Forfeiture of ships. (Cap. 369.)

PART VI

SURVEY OF PASSENGER AND OTHER SHIPS AND CERTIFICATES THEREOF

23-34. [Repealed, 63 of 1981, s. 124]

34A. (1) Where the owner or master of a ship has committed an offence under section 38 of the Merchant Shipping (Safety) Ordinance, the ship shall be liable to forfeiture, whether or not the owner or master is convicted in respect of such offence. (Amended, 63 of 1981, s. 124)

(2) With the approval of the Attorney General, the Director may seize and detain any ship which appears to him to be liable to forfeiture under subsection (1), and within 21 days of any such seizure the Director shall serve notice of seizure on the owner of the ship:

Provided that where there is more than one owner of a ship it shall be sufficient for the purposes of this subsection to give notice to one of the owners.

(3) A notice under subsection (2) shall be deemed to have been duly served if

(a) it is delivered to the person on whom it is to be served; (b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director; or

(c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited in the Marine Department in a place to which the public have access for a period of not less than 7 days commencing within 21 days of the seizure of the ship.

(4) Within 7 days after the service under subsection (2) of a notice of seizure, notice of the seizure of the ship shall be-

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