1964_MERCHANT_SHIPPING_ORDINANCE — Page 44

HK Historical Laws 香港歷史法例 All AI Reviewed

1986 Ed.]

Merchant Shipping

[CAP. 281

43

fees payable under this Ordinance may be recovered in the District Court as a civil debt. (Amended, 17 of 1965, s. 62 and 35 of 1969, Schedule)

116. [Repealed, 76 of 1978, s. 81]

PART XVII

APPLICATION, EXEMPTIONS AND CONSEQUENTIAL PROVISIONS

117. (1) Such of the provisions of the Merchant Shipping Acts as apply to the Colony and are inconsistent with the provisions of this Ordinance are hereby repealed so far as they relate to ships registered in the colony. But in all other respects the provisions of the said Acts shall be deemed to be in force in the Colony, so far as they are applicable thereto, and to extend, so far as they can be extended, to all ships registered in the colony and to the owners, masters and crews of such ships:

Modified application of Merchant

Shipping Acts.

[cf. pr. Act, ss. 264 & 735.3

61/89s13

(1932 c. 9.)

(1949 c. 43.)

Provided however that the provisions of the Merchant Shipping (Safety and Load Line Conventions) Act 1932, and of the Merchant Shipping (Safety Convention) Act 1949, shall extend to Hong Kong and to ships registered therein and their owners, masters and crews only to the extent that the same shall have been extended to the Colony by Order of Her Majesty in Council.

(2) Any misdemeanor or other offence under any of the said Acts or under this Ordinance may be prosecuted, heard and determined summarily by any magistrate in accordance with the provisions of the Magistrates Ordinance. (Amended, 63 of 1970, s. 5)

118. (1) The Governor may, if he thinks fit, and upon such conditions (if any) as he thinks fit to impose, exempt any vessel from any specified requirement contained in, or prescribed in pursuance of, this Ordinance, or dispense with the observance of any such requirement in the case of any vessel, if he is satisfied that that requirement has been substantially complied with in the case of that vessel, or that compliance with the requirement is unnecessary in the circumstances of the case, and that the action taken or provision made as respects the subject matter of the requirement in the case of the vessel is as effective as, or more effective than actual compliance with the requirements:

Provided that the Chief Secretary shall in the month of January in each year lay before Legislative Council a special report stating the cases in which the Governor has exercised his powers under this subsection during the preceding year, and the grounds upon which action has been taken in each case. (Amended, 17 of 1957, s. 3)

(2) This Ordinance shall not, except where otherwise specially provided, apply to Her Majesty's ships of war or to the ships of war of any foreign nation. (Amended, 17 of 1965, s. 63 and 76 of 1978, s. 81)

[cf 1932 c. 9, s. 72.)

(Cap. 227.)

Dispensing power and exemption. [1906 c. 48, s. 78-]

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1986 Ed.] Merchant Shipping [CAP. 281 43 fees payable under this Ordinance may be recovered in the District Court as a civil debt. (Amended, 17 of 1965, s. 62 and 35 of 1969, Schedule) 116. [Repealed, 76 of 1978, s. 81] PART XVII APPLICATION, EXEMPTIONS AND CONSEQUENTIAL PROVISIONS 117. (1) Such of the provisions of the Merchant Shipping Acts as apply to the Colony and are inconsistent with the provisions of this Ordinance are hereby repealed so far as they relate to ships registered in the colony. But in all other respects the provisions of the said Acts shall be deemed to be in force in the Colony, so far as they are applicable thereto, and to extend, so far as they can be extended, to all ships registered in the colony and to the owners, masters and crews of such ships: Modified application of Merchant Shipping Acts. [cf. pr. Act, ss. 264 & 735.3 61/89s13 (1932 c. 9.) (1949 c. 43.) Provided however that the provisions of the Merchant Shipping (Safety and Load Line Conventions) Act 1932, and of the Merchant Shipping (Safety Convention) Act 1949, shall extend to Hong Kong and to ships registered therein and their owners, masters and crews only to the extent that the same shall have been extended to the Colony by Order of Her Majesty in Council. (2) Any misdemeanor or other offence under any of the said Acts or under this Ordinance may be prosecuted, heard and determined summarily by any magistrate in accordance with the provisions of the Magistrates Ordinance. (Amended, 63 of 1970, s. 5) 118. (1) The Governor may, if he thinks fit, and upon such conditions (if any) as he thinks fit to impose, exempt any vessel from any specified requirement contained in, or prescribed in pursuance of, this Ordinance, or dispense with the observance of any such requirement in the case of any vessel, if he is satisfied that that requirement has been substantially complied with in the case of that vessel, or that compliance with the requirement is unnecessary in the circumstances of the case, and that the action taken or provision made as respects the subject matter of the requirement in the case of the vessel is as effective as, or more effective than actual compliance with the requirements: Provided that the Chief Secretary shall in the month of January in each year lay before Legislative Council a special report stating the cases in which the Governor has exercised his powers under this subsection during the preceding year, and the grounds upon which action has been taken in each case. (Amended, 17 of 1957, s. 3) (2) This Ordinance shall not, except where otherwise specially provided, apply to Her Majesty's ships of war or to the ships of war of any foreign nation. (Amended, 17 of 1965, s. 63 and 76 of 1978, s. 81) [cf 1932 c. 9, s. 72.) (Cap. 227.) Dispensing power and exemption. [1906 c. 48, s. 78-] 1
Baseline (Original)
1986 Ed.] Merchant Shipping [CAP. 281 43 fees payable under this Ordinance may be recovered in the District Court as a civil debt. (Amended, 17 of 1965, s. 62 and 35 of 1969, Schedule) 116. [Repealed, 76 of 1978, s. 81] PART XVII APPLICATION, EXEMPTIONS AND CONSEQUENTIAL PROVISIONS 117. (1) Such of the provisions of the Merchant Shipping Acts as apply to the Colony and are inconsistent with the provisions of this Ordinance are hereby repealed so far as they relate to ships registered in the colony. But in all other respects the provisions of the said Acts shall be deemed to be in force in the Colony, so far as they are applicable thereto, and to extend, so far as they can be extended, to all ships registered in the colony and to the owners, masters and crews of such ships: Modified application of Merchant Shipping Acts. [cf. pr. Act, ss. 264 & 735.3 61/89s13 (1932 c. 9.) (1949 c. 43.) Provided however that the provisions of the Merchant Shipping (Safety and Load Line Conventions) Act 1932, and of the Merchant Shipping (Safety Convention) Act 1949, shall extend to the-ColonyHong Kong and to ships registered therein and their owners, masters and crews only to the extent that the same shall have been extended to the Colony by Order of Her Majesty in Council. Hong Kong (2) Any misdemeanor or other offence under any of the said Acts or under this Ordinance may be prosecuted, heard and deter- mined summarily by any magistrate in accordance with the provi- sions of the Magistrates Ordinance. (Amended, 63 of 1970, s. 5) 118. (1) The Governor may, if he thinks fit, and upon such conditions (if any) as he thinks fit to impose, exempt any vessel from any specified requirement contained in, or prescribed in pursuance of, this Ordinance, or dispense with the observance of any such requirement in the case of any vessel, if he is satisfied that that requirement has been substantially complied with in the case of that vessel, or that compliance with the requirement is unnecessary in the circumstances of the case, and that the action taken or provision made as respects the subject matter of the requirement in the case of the vessel is as effective as, or more effective than actual compliance with the requirements: Provided that the Chief Secretary shall in the month of January in each year lay before Legislative Council a special report stating the cases in which the Governor has exercised his powers under this subsection during the preceding year, and the grounds upon which action has been taken in each case. (Amended, 17 of 1957, s. 3) (2) This Ordinance shall not, except where otherwise specially provided, apply to Her Majesty's ships of war or to the ships of war of any foreign nation. (Amended, 17 of 1965, s. 63 and 76 of 1978, s. 81) [cf 1932 c. 9, s. 72.) (Cap. 227.) Dispensing power and exemption. [1906 c. 48, s. 78-] 1
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1986 Ed.]

Merchant Shipping

[CAP. 281

43

fees payable under this Ordinance may be recovered in the District Court as a civil debt. (Amended, 17 of 1965, s. 62 and 35 of 1969, Schedule)

116. [Repealed, 76 of 1978, s. 81]

PART XVII

APPLICATION, EXEMPTIONS AND CONSEQUENTIAL PROVISIONS

117. (1) Such of the provisions of the Merchant Shipping Acts as apply to the Colony and are inconsistent with the provisions of this Ordinance are hereby repealed so far as they relate to ships registered in the colony. But in all other respects the provisions of the said Acts shall be deemed to be in force in the Colony, so far as they are applicable thereto, and to extend, so far as they can be extended, to all ships registered in the colony and to the owners, masters and crews of such ships:

Modified application of Merchant

Shipping Acts.

[cf. pr. Act, ss. 264 & 735.3

61/89s13

(1932 c. 9.)

(1949 c. 43.)

Provided however that the provisions of the Merchant Shipping (Safety and Load Line Conventions) Act 1932, and of the Merchant Shipping (Safety Convention) Act 1949, shall extend to the-ColonyHong Kong and to ships registered therein and their owners, masters and crews only to the extent that the same shall have been extended to the Colony by Order of Her Majesty in Council. Hong Kong

(2) Any misdemeanor or other offence under any of the said Acts or under this Ordinance may be prosecuted, heard and deter- mined summarily by any magistrate in accordance with the provi- sions of the Magistrates Ordinance. (Amended, 63 of 1970, s. 5)

118. (1) The Governor may, if he thinks fit, and upon such conditions (if any) as he thinks fit to impose, exempt any vessel from any specified requirement contained in, or prescribed in pursuance of, this Ordinance, or dispense with the observance of any such requirement in the case of any vessel, if he is satisfied that that requirement has been substantially complied with in the case of that vessel, or that compliance with the requirement is unnecessary in the circumstances of the case, and that the action taken or provision made as respects the subject matter of the requirement in the case of the vessel is as effective as, or more effective than actual compliance with the requirements:

Provided that the Chief Secretary shall in the month of January in each year lay before Legislative Council a special report stating the cases in which the Governor has exercised his powers under this subsection during the preceding year, and the grounds upon which action has been taken in each case. (Amended, 17 of 1957, s. 3)

(2) This Ordinance shall not, except where otherwise specially provided, apply to Her Majesty's ships of war or to the ships of war of any foreign nation. (Amended, 17 of 1965, s. 63 and 76 of 1978, s. 81)

[cf 1932 c. 9, s. 72.)

(Cap. 227.)

Dispensing power and exemption. [1906 c. 48, s. 78-]

1

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