| To consolidate and amend the law relating to merchant shipping and to remove anomalies and out-moded provisions therefrom. (Amended 61 of 1989 s. 13; 64 of 1999 s. 3) [30 October 1953] G.N.A. 141 of 1953 (Originally 14 of 1953) Cap 281 s 1 Short title This Ordinance may be cited as the Merchant Shipping Ordinance. Cap 281 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "collision regulations" (碰撞规例) means the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap 369 sub. leg.); (Added 78 of 1990 s. 2) "crew" (船员) means seafarers and apprentices; (Added 54 of 1982 s. 2. Amended 44 of 1995 s. 143) "Director" (处长) means the Director of Marine and includes any person deputed or authorized by the Director to execute any power or perform any duty vested in or imposed upon him hereunder; "junk" (中式帆船) includes lorcha and any vessel of Chinese or other Asiatic build, construction or rig whether such vessel is of a sea going type or not and whether mechanically propelled or not; "lorcha" (西式中国帆船) includes any vessel- (a) of European build and construction, but of Chinese or other Asiatic rig; or (b) of Chinese or other Asiatic build and construction, but of European rig;"master" (船长) includes every person (except a pilot) having command or charge of any ship; "officer" (高级船员) means an officer within the meaning of section 2 of the Merchant Shipping (Seafarers) Ordinance (Cap 478); (Replaced 44 of 1995 s. 143) "passenger" (乘客) means any person carried in a vessel except- (Amended 76 of 1978 s. 81) (a) a person employed or engaged in any capacity on board the vessel on the business of the vessel; (b) a person on board the vessel either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstances that neither the master nor the owner could have prevented or forestalled; and (c) a child under 1 year of age; [cf. 1949 c. 43 s. 26 U.K.]"Port Health Officer" (港口卫生主任) includes the Director of Health and any officer for the time being performing the duties of Port Health Officer; (Amended L.N. 76 of 1989) "port of Hong Kong" (香港的港口) and "port" (港口) where by the context a port out of Hong Kong is not indicated, mean a place declared to be such under the Shipping and Port Control Ordinance (Cap 313); (Amended 76 of 1978 s. 81; 61 of 1989 s. 13) "river trade limits" (内河航限) means- (a) the waters in the vicinity of Hong Kong within the following boundaries- (Amended 61 of 1989 s. 13) (i) to the East, meridian 114°30' East; (ii) to the South, parallel 22°09' North; (iii) to the West, meridian 113°31' East; and(b) all inland waterways in the provinces of Kwangtung and Kwangsi on the mainland of China to which access can be obtained by inland waterways from the area defined in paragraph (a); (Replaced 17 of 1965 s. 2. Amended 44 of 1995 s. 143)"seafarer" (海员) includes every person (except masters, pilots, and apprentices duly indentured and registered) employed or engaged in any capacity on board any ship; (Amended 44 of 1995 s. 143) "ship" (船、船舶) (except where section 50A applies) includes any description of vessel used in navigation not propelled by oars but excludes junks and lorchas whether mechanically propelled or not: (Amended 64 of 1980 s. 2) Provided that a mechanically propelled junk or lorcha shall not be deemed by this provision to be excluded from the definition of ship for the purposes of the collision regulations; (Amended 78 of 1990 s. 2)"steamer" or "steamship" (汽船) includes any vessel propelled by steam, and subject to any modification that may be prescribed by regulation shall include a vessel propelled by electricity or other mechanical power; "tons" (吨) and "tonnage" (吨位) mean tons and tonnage as calculated according to the Merchant Shipping (Registration) (Tonnage) Regulations (Cap 415 sub. leg.); (Amended 64 of 1999 s. 3) "vessel" (船只) includes- (a) any ship or boat or junk or any other description of vessel used in navigation; and (b) any floating dry dock, floating workshop or floating restaurant. (Replaced 35 of 1975 s. 2) (Amended 78 of 1990 s. 2; 44 of 1995 s. 143; 64 of 1999 s. 3) [cf. 1894 c. 60 s. 742 U.K.] Cap 281 s 3 Certificate or licence required by all ships trading in Hong Kong PART I REGISTRATION AND LICENSING OF SHIPS (1) Every ship trading outwards from Hong Kong or trading or being used for any commercial purpose in the waters of Hong Kong must be provided with- (a) a certificate of registry or certificate of provisional registry granted under the Merchant Shipping (Registration) Ordinance (Cap 415); (b) a certificate of registry or other document granted in a place outside Hong Kong and similar or equivalent in effect to a certificate referred to in paragraph (a); or (c) a licence granted under regulations made under Part IV of the Shipping and Port Control Ordinance (Cap 313).(2) A document purporting to be- |
