Prohibition on proceeding to sea without appropriate certificates
(1) No ship registered in Hong Kong shall proceed to sea on an international voyage unless there is in force in respect of the ship-
(a) if it is a passenger ship, a passenger certificate, a general safety certificate, a short voyage safety certificate, a qualified safety certificate or a qualified short voyage safety certificate which, subject to subsection (5), is applicable to the voyage on which the ship is about to proceed and to the trade in which it is for the time being engaged;
(b) if it is a ship to which section 11 applies-
(i) (A) a cargo ship safety equipment certificate or a qualified cargo ship safety equipment certificate; and
(B) a cargo ship safety radio certificate or a qualified cargo ship safety radio certificate or an exemption certificate stating that it is wholly exempt from the requirements of the Convention relating to radio installations and shipborne navigational equipment; and
(C) a cargo ship safety construction certificate or a qualified cargo ship safety construction certificate; or (Replaced 6 of 2000 s. 7)
(ii) a cargo ship safety certificate, (Replaced 6 of 2000 s. 7)
(iii) (Repealed 6 of 2000 s. 7)
applicable to the ship and the voyage on which it is about to proceed.
(2) For the purposes of subsection (1)-
(a) subsection (1)(b) shall not prohibit a ship from proceeding to sea if there is in force in respect of the ship such certificate or certificates as would be required if it were a passenger ship;
(b) a qualified certificate shall not be deemed to be in force in respect of a ship unless there is also in force in respect of the ship the corresponding exemption certificate; and an exemption certificate shall be of no effect unless it is by its terms applicable to the voyage on which the ship is about to proceed.
(3) If any ship proceeds, or attempts to proceed to sea in contravention of this section the owner or master of the ship, without prejudice to any other penalty under this Ordinance, commits an offence and is liable to a fine of $10000.
(4) The owner, agent or master of any ship to which this section applies shall produce to the Director, at the time a clearance for the ship is demanded for an international voyage, the certificate or certificates required under this section to be in force when the ship proceeds to sea; and a clearance shall not be granted, and the ship may be detained, until such certificate or certificates are produced.
(5) Where the Director permits any passenger ship in respect of which there is in force a short voyage safety certificate, whether qualified or not, to proceed to sea on an international voyage from Hong Kong not exceeding 1200 nautical miles in length between Hong Kong and the final port of destination, the certificate shall for the purposes of this section be deemed to be applicable to the voyage on which the ship is about to proceed notwithstanding that the voyage exceeds 600 nautical miles between Hong Kong and such port.
(6) Where an exemption certificate issued in respect of any ship registered in Hong Kong specifies any conditions on which the certificate is issued and any of those conditions is not complied with, the owner or master of the ship commits an offence and is liable to a fine of $10000.