Contents of Section

Chapter:

415 PDFTitle:MERCHANT SHIPPING (REGISTRATION) ORDINANCEGazette Number:
Section:20Heading:Declarations by and on behalf of owners and demise charterersVersion Date:30/06/1997

(1) A person shall not be entitled to be registered as an owner of a ship which is to be registered by virtue of section 11(1)(a), or of a share in or part of such a ship until he, or in the case of a body corporate the person authorized under section 84 to make declarations on behalf of the body corporate, has made and signed a declaration of entitlement to own a ship registered in Hong Kong, in the specified form, which shall include the following-

        (a) in the case of a body corporate, a statement that the declarant is authorized to make the declaration on behalf of the body corporate;
        (b) in the case of an individual purporting to be a qualified person, a statement that he holds a valid identity card and is ordinarily resident in Hong Kong;
        (c) in the case of a body corporate purporting to be a qualified person, a statement of the circumstances of incorporation in Hong Kong, or of registration under Part XI of the Companies Ordinance (Cap 32), as the case may be;
        (d) in the case of a body corporate other than a qualified person, a statement of the circumstances of incorporation or registration of the body corporate;
        (e) a statement of the number of shares in, or the fraction or percentage of, the ship in respect of which the legal title will be vested in the declarant;
        (f) a statement that to the best of the declarant's knowledge and belief a majority interest in the ship will upon registration be owned by one or more qualified persons;
        (g) a statement that the general description of the ship contained in the application is correct;
        (h) a statement that the ship is not registered in any place outside Hong Kong or, if it is so registered, that the declarant will secure deletion of the ship from the register in every such place;
        (i) in the case of a person other than a qualified person, a statement that the declarant consents to the ship being registered in Hong Kong.
(2) A body corporate shall not be entitled to be registered as the demise charterer of a ship which is to be registered by virtue of section 11(1)(b), until the person authorized under section 84 to make declarations on behalf of the body corporate has made and signed a declaration which shall include the following-
        (a) a statement that the declarant is authorized to make the declaration on behalf of the body corporate;
        (b) a statement of the circumstances of incorporation of the body corporate in Hong Kong, or of registration under Part XI of the Companies Ordinance (Cap 32), as the case may be;
        (c) a statement that the body corporate has entered into a demise charter-party in respect of the ship with the owner of the ship;
        (d) a statement that pursuant to the terms of the demise charter-party the body corporate is able to register the ship in its name as the demise charterer;
        (e) a statement that the general description of the ship contained in the application is correct;
        (f) a statement that the ship is not registered in any place outside Hong Kong or, if it is so registered, that the declarant will secure deletion of the ship from the register in every such place;
        (g) a statement that a true, correct and complete copy of the demise charter-party is attached to the declaration; and
        (h) a statement that the consent of the owner of the ship to registration of the ship in Hong Kong is attached to the declaration.
(Enacted 1990)