||Title:||MERCHANT SHIPPING (REGISTRATION) ORDINANCE||Gazette Number:|
|Section:||64||Heading:||Closure by direction generally||Version Date:||30/06/1997|
(1) Without prejudice to sections 60, 61 and 63, if for any reason it appears to the Registrar that a registered ship may have ceased to be registrable, he may by notice served on the owner, demise charterer or representative person require that person to furnish him with such information as he thinks necessary for the purpose of determining whether the ship is registrable.
(2) Where the Registrar has served a notice under subsection (1) with respect to a ship, then, unless he has become satisfied that the ship is registrable, he shall, as soon as practicable after the end of the period of 30 days beginning with the date of service of that notice, serve a notice under subsection (4) on-
(3) Where the Director is satisfied in relation to a registered ship-
(a) the owner, demise charterer or representative person appointed in relation to the ship; and
(b) each mortgagee (if any) of the ship.
the Director shall serve a notice under subsection (4) on-
(a) that, having regard to the matters mentioned in section 22(3)(a) or (b) or (4), it would be inappropriate for the ship to continue to be registered;
(b) that any penalty imposed on the owner or demise charterer of the ship in respect of a contravention of or failure to comply with any provision of this Ordinance or any Ordinance specified in Schedule 2 has remained unpaid for a period of more than 3 months and no appeal against the penalty is pending; or
(c) that any summons for any such contravention or failure to comply has been duly served on the owner, demise charterer or representative person of the ship but the owner or demise charterer failed to appear at the time and place appointed for the trial of the information or complaint in question and a period of not less than 3 months has elapsed since that time,
(4) A notice under this subsection is a notice stating-
(i) the owner, demise charterer or representative person; and
(ii) each mortgagee (if any) of the ship.
(5) As soon as practicable after the end of the period referred to in subsection (4), the Director shall direct the Registrar to close the ship's registration unless he is satisfied that it would be inappropriate to do so by any representations made pursuant to that subsection.
(a) that the Director is not satisfied that the ship in question is registrable or (as the case may be) that he is satisfied as to the matters specified in subsection (3)(a), (b) or (c), as the case may be; and
(b) that he intends, after the end of the period of 90 days beginning with the date of service of the notice, to direct that the ship's registration be closed unless he is satisfied that it would be inappropriate to do so by any representations made to him by or on behalf of the owner or demise charterer within the period.
(6) Upon receipt of a direction under subsection (5), the Registrar shall record the giving of the direction in the register and the ship's registration shall thereupon be closed.